MECON LIMITED (A Government of India Enterprise) No.89 ... · 2. KIOCL Limited shall be utilizing...

MECON LIMITED

(A Government of India Enterprise) No.89, South End Road, Basavanagudi, Bangalore

NOTICE GLOBAL TENDER NO. KIOCL/TS/BFU/PCI/F-498/525 DATED 12/05/2020

KIOCL Limited invites e-bids in three bid system from Global bidders for “5 TPH Pulverised Coal Injection System (PCI)- Pkg-005 ” on Discrete Turnkey basis (Excluding Construction of Civil work and Building steel structural works) for Tender document no. KIOCL/TS/BFU/PCI/F-498/525 dated 12/05/2020 (MSTC event no. KIOCL/20-21/ET/2). The detailed NIT and tender document including eligibility requirements can be viewed and /or downloaded from MECON’s website http://www.meconlimited.co.in, KIOCL’s website http://www.kioclltd.in, CPP Portal’s website http://www.eprocure.gov.in and MSTC’s E-tendering website https://www.mstcecommerce.com from 12-05-2020 to 24-06-2020. For accessing and downloading the Bid document from KIOCL website, the bidder has to register as ‘New User’ in Bid section at KIOCL’s website link http://www.kioclltd.in/tender/default.aspx, and from MECON’s website the Bidder has to click on Active tenders. For accessing and downloading the bid document from Central Procurement portal www.eprocure.gov.in , the bidders have to click on “Latest active tenders”. The bidders shall directly download the Tender Document from KIOCL website/ MECON website and CPP Portal only. For accessing the bid document from MSTC, bidders to click website link - https://www.mstcecommerce.com/eprochome/KIOCL/buyer_login.jsp. Bidders are requested to register as ‘New Vendor’ for downloading the tender document. For further help refer to ‘vendor guide’ given in MSTC website. The bidders are requested to submit their bids through online mode only on MSTC’s E-tendering website www.mstcecommerce.com/eprochome/kiocl and details of submission of bid through online are given in NIT. The Bidders on regular basis are required to visit the MSTC’s E-tendering website, KIOCL’s website, MECON’s website and/or CPP Portal for corrigendum/ clarifications/ time extension/ amendments, if any, at a future date. For further clarification, GM (Projects), KIOCL Limited, Bangalore can be contacted on Ph. No. +919937290883 & Email: [email protected].

For and on behalf of KIOCL Ltd

G. V. Kiran GM (Projects & TS)

Mob: +91 9937290883 KIOCL Limited, Bangalore

Karnataka State, India

KIOCL LIMITED

TENDER DOCUMENT FOR

DESIGN, ENGINEERING, SUPPLY & INSTALLATION OF PLANT & EQUIPMENT ON DISCRETE TURNKEY BASIS

(EXCLUDING CONSTRUCTION OF CIVIL WORKS & BUILDING STEEL STRUCTURAL WORKS)

(GLOBAL BIDDING)

FOR

PULVERIZED COAL INJECTION (PCI) SYSTEM ON DISCRETE TURNKEY BASIS AT MANGALURU

VOL-1- COMMERCIAL

MECON LIMITED BANGALORE – 560004

Ref No. KIOCL/TS/BFU/PCI/F-498 May 2020

TENDER DOCUMENT FOR INSTALLATION OF

PULVERISED COAL INJECTION(PCI) SYSTEM AT BLAST FURNACE UNIT- MANGALURU

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KIOCL/TS/BFU/PCI/F‐498 VOL-1- Contents Sheet 1 of 2

INVITATION TO TENDER FOR

DESIGN, ENGINEERING, SUPPLY AND INSTALLATION OF PLANT & EQUIPMENT ON DISCRETE TURNKEY BASIS

(EXCLUDING CONSTRUCTION OF CIVIL WORKS & BUILDING STEEL STRUCTURAL WORKS)

CONTENTS SHEET FOR- VOL-1-COMMERCIAL

Sl. No. Description

1 Check List

2 Press Notification

3 Notice Inviting Tender (NIT)

4 Instruction to Tenderers (ITT) with Annexure 1 - 10

Letter of Undertaking (Annexure – 1)

Bank Guarantee towards Earnest Money Deposit (Annexure – 2)

Eligibility requirement information (Annexure -3a,3b&3c)

Information about the Bidder (Annexure – 4)

No Deviation Declaration (Annexure –5)

Memorandum of Agreement (Consortium agreement) (Annexure – 6)

Undertaking by Licensor (Annexure – 7)

Details of works in Hand (Annexure – 8)

Organization set-up at site (Annexure-9)

Integrity pact (Annexure – 10)

Process of e-Reverse auction (Annexure-11)

5 Form of Contract Agreement with Appendices

Appendix-1 - Price Schedule

Table-1A : Summary Price Schedule

Table-1B : Price for each member of the consortium will be indicated for their scope of work Table-2A : Price Schedule for Imported Design & Engineering

Table-2B : Price Schedule for Indigenous Design & Engineering

Table-3A : Price Schedule for Supply of Plant & Equipment including

Technological structures (Imported Supplies quoted in foreign currencies)



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KIOCL/TS/BFU/PCI/F‐498 VOL-1- Contents Sheet 2 of 2

Sl. No. Description

Table-3B : Price Schedule for Supply of Plant & Equipment including Technological structures (Indigenous Supplies) Table-3C : Price Schedule for Supply of Imported Refractories

Table-3D : Price Schedule for Supply of Indigenous Refractories

Table-4 : Price Schedule for Storage, Handling, Erection, Commissioning and Performance Guarantee Tests of Plant & Equipment and Refractories

Table-5 : Value of "Po" for Calculation of Price Adjustment due to Variation in Price Indices (Appendix-4)

Table-6 : Price schedule for 2 year O&M spares (GCC clause 7.4.3)

Appendix-2 : Time Schedule

Appendix-3 : Terms of Payment

Attachment -1 to Appendix-3- Format of Letter of credit Appendix-4 : Price Adjustment due to Variation in Price Indices Appendix-5 : Performance Guarantees

Appendix-6 : List of Approved vendors

6 Special Conditions of Contract (SCC) 7 General Conditions of Contract for Works (GCC-1) General Conditions of Contract for Indigenous Supplies (GCC- 2) General Conditions of Contract for Off-Shore Supply (GCC - 3)

8 Annexure-I : Proforma Bank Guarantee for Contract Performance

Annexure-II : Proforma Bank Guarantee For Release of Payment Against Commissioning Certificate/ Performance Guarantee Certificate/ Final Acceptance Certificate



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KIOCL/TS/BFU/PCI/F‐498 VOL-1- Check list Sheet 1 of 2

CHECK LIST

Tenderer shall ensure that all the documents given below have been submitted with the offer: Tender No. : Bidder’s Ref. No. : Name of Facilities :

Sl. No.

Details of document Submitted (Yes / No))

Part-A 1 Letter of Undertaking (as per Annexure – 1 of ITT) 2 Earnest Money Deposit (Pro-forma of BG as per Annexure – 2 of ITT) 3 Cost of Tender Document in the form of Demand Draft 4 Integrity Pact

(Integrity Pact to be signed by all members in case of Bid submitted with Consortium) as per Annexure – 10 of ITT

Part-B Checklist for submission of bid (duly filled up)

1.a Details of work done (To be considered for meeting the Eligibility criteria – Technical as per Annexure-3a of ITT)

1.b Documents in support of fulfilment of Eligibility Criteria-Technical

2.a Details of Turnover (To be considered for meeting the Eligibility criteria – Financial as per Annexure-3b of ITT)

2.b Audited Financial Statements including Profit and Loss statements for the last three financial/ calendar years by sole bidder/ all members of the consortium or Duly self-certified Chartered Accountant Certified Annual Turnover for last three (3) consecutive financial/ calendar years in support of their financial credentials, in lieu of the Annual Financial Statements.

2.c Original / Self certified copy of Solvency certificate/ Line of credit information dated not earlier than three months from the due date of submission of tender as per Annexure-3c of ITT (To be considered for meeting the Eligibility criteria – Financial)

3. Amendments/ corrigenda/ Addenda etc. on this tender document, if any, issued by the EMPLOYER/Consultant, duly signed by the Tenderer

4. Information about the Bidder (as per Annexure – 4 of ITT)

5. No Deviation Declaration (As per Annexure-5 of ITT)

6. Blank price format with the word “QUOTED” written in place of price data furnished in the Price Bid.

7. Latest Power of Attorney 8. Copy of PAN Card, PF & ESI Registration Certificate 9. Bank account details of sole bidder/ all members of the consortium



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KIOCL/TS/BFU/PCI/F‐498 VOL-1- Check list Sheet 2 of 2

Sl. No.

Details of document Submitted (Yes / No))

10. Declaration by the tenderer in his letter head that the firm is not

blacklisted by any PSU/Govt body. On verification if it is found that the tenderer has given misleading/ false information, then his tender will be summarily rejected.

11. Declaration by the Tenderer on his letter head informing relationship with employees of KIOCL, if any.

12. Authorization letter to Employer by the Tenderer in their letter head authorizing KIOCL Limited to seek references from Tenderer’s bankers

13. Copy of Memorandum of Agreement (Consortium agreement) (as per Annexure – 6 of ITT) along with scope matrix, if consortium bidding is applicable.

14. Undertaking by Licensor (as per Annexure – 7 of ITT), if applicable

15. Technical Bid

16. Time schedule in the form of Bar Chart

17. Filled in Technical questionnaire by the bidder (if any)

18. ‘A’ class Electrical certificate, if applicable

19. Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 8 of ITT

20. Proposed Organization set up at Project site (Annexure – 9 of ITT)

21. List of Plant & Machinery proposed to be mobilized

22. Overall description of the method proposed for carrying the work

23. Tenderer’s proposed quality assurance program

24. Itemized list of commissioning spares

25. Others, if any (Bidder to specify)

26. Part-C

Price Bid (Duly Filled)



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KIOCL/TS/BFU/PCI/F‐498 VOL-1- NIT Sheet 1 of 29

NOTICE INVITING TENDER (NIT) 1. KIOCL Limited (earlier known as Kudremukh Iron Ore Company Limited) is a Miniratna Public

Sector Company under the Ministry of Steel, Government of India. Primarily engaged in the business of manufacturing of Iron ore pellets. It used to operate a pig iron plant having a 350 cu.m blast furnace. It is planning to re-start the existing Blast Furnace by suitable up-gradation and simultaneously also go for forward and backward integration of the plant by expanding its activities towards manufacturing of Ductile Iron Spun pipes. In line with this, KIOCL is setting up a 5 TPH Pulverised Coal Injection System (PCI)- Pkg-005 on Discrete Turnkey basis (Excluding Construction of Civil work and Building steel structural works) in their existing Blast furnace unit in Mangalore, Karnataka.

2. KIOCL Limited shall be utilizing the e-procurement service of MSTC Limited, A Government of India Company having its registered office at 225-C, AJC Bose Road, Kolkata- 700 020 for enabling us to procure goods, services and works.

3. KIOCL has engaged MECON Limited as consultant for this project. MECON Limited (MECON) shall be hereinafter referred to as “Consultant". KIOCL Limited, BANGALORE is hereinafter referred to as "KIOCL".

4. KIOCL Ltd. invites online tenders from the prospective bidders of repute to participate in tender, the mode of which happens to be e-Procurement System.

5. Bidder should submit their tenders in three parts through e-procurement mode only. The instructions on the portal shall be followed, while submitting the tender.

Part-A - “Cost of tender document, Bid Security, Letter of Undertaking and Integrity

pact”

Bid Security shall be in the following forms:

(a) a Bank Draft or (b) a Bank Guarantee from Nationalised Indian Bank/scheduled

commercial bank including a foreign bank having a branch in India in the form provided in the bidding documents

Part-B - “Techno-Commercial Bid”

Vol. – I- Commercial along with blank price format with the word “QUOTED” in place of price data furnished in the Price Bid.

Vol. - II- Technical Vol – III- Drawings

Part-C - “Price Bid” only.



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6. The E- procurement would be conducted by M/s. MSTC Limited.

(Online Part-B - Techno-Commercial Bid and Part-C -Price Bid through http://www.mstcecommerce.com/eprochome/kiocl of MSTC Ltd.)

MSTC Event No. & Date Description Last date & Time for submission of offer

KIOCL/20-21/ET/2 Installation of 5 TPH Pulverised Coal Injection System (PCI)- Pkg-005 ” on Discrete Turnkey basis (Excluding Construction of Civil work and Building steel structural works) at BFU, Mangalore in accordance with technical specifications and other terms & conditions of the tender.

24-06-2020 up to 14:00 hrs IST

7. The cost of Bidding Document including processing fee is Rs 118,000/- (Indian Rupees One

hundred and eighteen thousand only) inclusive of 18% of GST payable by Demand Draft in the name of “KIOCL LIMITED” and payable at BANGALORE or online payment or USD 1,650/- (US Dollars One thousand six hundred and fifty only) through online. The Demand draft shall be submitted in physical form along with EMD. The bid of any bidder shall be considered only if the bid is accompanied by the prescribed Tender fee in the form of demand draft along with EMD or proof of payment for online transaction.

8. The complete set of tender documents can also be downloaded from the following website’s:

KIOCL Limited: http://www.kioclltd.in/KIOCLtender/default.aspx MECON Limited: http://www.meconlimited.co.in/active_tender.aspx Central Public Procurement Portal: https://eprocure.gov.in/epublish/app MSTC Limited: https://www.mstcecommerce.com/eprochome/KIOCL/buyerlogin.jsp

9. The Bidder shall download the entire “Bidding Document” available in the above referred websites in totality and shall be submitted along with the Bid.

10. Bid documents and/or corrigendum downloaded from KIOCL website /Central Public procurement portal/ MECON website / MSTC website shall only be considered as authentic. Bid documents downloaded from any other source / website is/are liable for rejection.



(PKG-005)


11. It shall be the responsibility of the prospective Tenderers to ensure that the Bids have been submitted in the formats and as per the terms and conditions prescribed in the website and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender (NIT) forms the complete bidding document. All the documents along with detailed NIT as placed in the website is final including clarification, drawings, corrigendum, addendum, pre-bid meetings, if any. On verification, at any time, whether the Bidder is successful or not, if any of the documents submitted by the Bidder including the documents downloaded from above mentioned websites/ issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. As per the rules of the Company. In case of any discrepancies between Tender documents downloaded from the website and the document available with KIOCL/ MECON, the document available with KIOCL/ MECON shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Tenderers will be entertained.

12. It will be presumed that the Bidder have gone through the entire bidding documents available

in the website or purchased by the bidder (as the case may be), which shall be binding on them.

13. Salient features of the bid/Bid Data Sheet (BDS):

The following bid-specific data for the facilities including plant and equipment to be procured, installed & commissioned, shall amend and/or supplement the provisions in the Notice Inviting Tender (NIT) and Instructions to Tenderer (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in the NIT and ITT.

1 Tender Enquiry No. & Date KIOCL/TS/BFU/PCI/F-498/525 dated 12.05.2020

2 MSTC event no. KIOCL/20-21/ET/2 3 Tender type Global 4 Name of Facilities / Work

(ITT clause 2.0) 5 TPH Pulverised Coal Injection System (PCI)- Pkg-005 ” on Discrete Turnkey basis ( Excluding Construction of Civil work and Building steel structural works)

5 Package No. 005 6 Scope of work Complete Design, Engineering, Supply, Erection,

Testing, Commissioning and Demonstration of PG parameters of 5 TPH Pulverised Coal Injection System (PCI)- Pkg-005 ” on Discrete Turnkey basis ( Excluding Construction of Civil work and Building steel structural works) along with all other associated utilities, services, electrics and automation within the battery limits at Mangalore, Karnataka State, as detailed in enclosed Technical Specification No. MEC/01/02-03/197C/TS/PCI/PKG-005.

7 Name of Employer KIOCL Limited, BANGALORE 8 Address of Employer KIOCL Ltd,

Sarjapur Road, Koramangala, 2nd Block BANGALORE -560 034, Ph No.: +91 80 25531461-70 (Ext 283) Email: [email protected]

9 Name of Consultant MECON Limited, Bangalore



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10

Cost of Bidding Document including processing fee (Non Refundable). The cost of Tender document is including 18% GST.

Rs 118,000/- (Indian Rupees One hundred and eighteen thousand only) (payable by Demand Draft in the name of “KIOCL Limited” and payable at Bangalore, India) or Online (Through RTGS) Payable to: UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546 or USD 1,650/- (US Dollars One thousand six hundred and fifty only) Payable to: IndusInd Bank Ltd., Embassy Heights, Unit 101, “B” Block, 3rd Floor, 13/2, Magrath Road, Bangalore -560 0025 IFSC Code: INDB0000008 Swift Code: INDBINBBBGM Account No. 201000150777 AD Code: 6380009

11 Downloading of Bidding documents from

http://www.kioclltd.in http://www.meconlimited.co.in http://www.eprocure.gov.in http://www.mstcecommerce.com

12 Viewing / Downloading of Tender Documents

Start date & Time: 12/05/2020 (10.00 Hrs IST) Close date & Time: 24/06/2020 (14.00 Hrs IST)

13 Place of Obtaining further information/Submission of hard copies of documents pertaining to Bid (ITT clause 5.2)

The Tender/Clarification shall be addressed to and hard copies of documents pertaining to Bid should be submitted to: General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]



(PKG-005)


14 Manner of Submission of Online Tender

Refer Clause No. 4.2 of ITT and for Guidelines for online submission of Bid, please refer “Instructions to e-procurement” to NIT.

15 Submission of Online Tender

Start date & Time: 16/06/2020 (10.00 Hrs IST) Close date & Time: 24/06/2020 (14.00 Hrs IST)

16 Pre – Bid queries

No pre- bid meeting (In person or through video conference) shall be held. Bidders may send their queries directly by mail on the tender document to [email protected] , with a copy to [email protected] on or before 5.30 pm of 28-05-2020.

17 Contact person for site visit and for the issuance of Site Visit Certificate

Jt. General Manager, KIOCL Limited, Panambur, Mangaluru – 575010 Telephone: 0824-2409681 E-Mail: [email protected], [email protected]

18 Opening of Part – A, B & C of Tender (ITT clause 15.4 & 18.1)

Part-A & B: The Techno-Commercial bid will be opened electronically on 24/06/2020 at 16.00 Hrs (IST). As per the manner and in the form specified in clause no.15 of NIT, the bidder in addition to uploading the bid on KIOCL’s (MSTC) e-tender portal shall also submit the following documents in Original (in physical) form by the bid due date & time at the address given in Sl. No. 13 above:

1.0 EMD, 2.0 Letter of Undertaking, 3.0 Integrity Pact, 4.0 Tender Fee 5.0 MSME certificate in Lieu of Tender Fee and EMD

(If applicable)

If any of the above documents are not submitted, the bidder shall be considered as non-responsive and their bid shall be liable for rejection and Part-B of such unresponsive bid will not be opened.

Part-B of all other bidders, which are otherwise found responsive, except for any discrepancies such as typographical errors / omissions / deletions/ page(s) not signed etc. in Part-A of documents, will be opened on the same date and venue subsequently. However, in



(PKG-005)


case of any discrepancies as mentioned above in Part-A documents, the bidder shall submit the revised / corrected documents on intimation by KIOCL / Consultant failing which their tenders are liable for rejection.

Part-B of the Bids will be considered for evaluation only after Part-A of the bid complies with the provisions of the bidding documents by the bidder.

Part-C: Price bid will be opened electronically of only those bidder(s) who have been techno-commercially found acceptable. On opening of the Part-A of the Bid, if EMD (in the form and manner specified in NIT/ITT), Letter of Undertaking, Integrity Pact, cost of Tender document are not found in Part-A of the bid, such bids shall be considered as unresponsive and summarily rejected. Part-B of such unresponsive tenders will not be opened.

19

Bid Security / Earnest Money Deposit

Rs 1,000,000/- (Indian Rupees One Million Only) or USD 14,000/- (US Dollars Fourteen Thousand only) Validity of BG in lieu of EMD: 09 Months from the due date of submission of the tender (Refer Clause No.11 of ITT) or online payment to For Indian Rupees: UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546 For Foreign Currency: IndusInd Bank Ltd., Embassy Heights, Unit 101, “B” Block, 3rd Floor, 13/2, Magrath Road, Bangalore -560 0025 IFSC Code: INDB0000008 Swift Code: INDBINBBBGM Account No. 201000150777 AD Code: 6380009

20 Bids Submitted by Consortium

Applicable - As per clause 8.4 (b) of ITT Any bid not accompanied by MOA shall be rejected by KIOCL as being non responsive and not a valid legally binding offer (not legally binding on the Consortium members as the bidder consortium has not come into



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existence on the date of bid submission) and hence non-responsive.

Bid is also acceptable from Bidders having in possession of Process Technology License from a Licensor. In such an event, Bidder offers to supply and / or install the Facility on the basis of possession of License of Process Technology from the Licensor, then the Bidder shall also be required to submit along with the Bid an Undertaking from Licensor in regard to performance of Contract as per Annexure-7 of ITT. In this case, the Bidder becoming successful shall also submit a Deed of Joint Undertaking from the Licensor and Bidder in regard to performance of the Contract.

21 Time for Completion GCC-1 clause no. 8.0, GCC-2 clause no. 13 and Article 5 of Contract Agreement.

12 months from the Effective date of Contract.

Effective Date of the Contract shall be the date of signing of the Contract or 30th day from the date of Letter of Acceptance, whichever is earlier.

22 Validity of the offer (ITT clause 12.1)

Six (06) months from the due date of submission of bid.

23 Eligibility/Qualification requirements for Bidders (ITT clause 8.4 (b) & (c))

Bidder should fulfil the Technical and Financial eligibility requirements as detailed below: The bidder having credentials of complying with the minimum eligibility / pre-qualification criteria as stipulated herein below only would be considered eligible.

A. Technical Eligibility requirements i. Experience in Design, engineering, supply,

erection / erection supervision, and commissioning / commissioning supervision, Demonstration of Performance guarantee parameters of at least one number of 5TPH Pulverised coal injection system for Blast furnace application along with all associated utilities and services.

ii. The date of commissioning of such plant shall be in the last 10 (Ten) years counted from the date of ending last day of the month previous to the one in which the NIT was floated. The above plant must have operated satisfactorily for a period of at-least two (2) years after commissioning prior to date of tender.



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Notes: (a). The above experience should be supported by

relevant documentary evidence like copies of work orders/contract agreements and completion certificates issued by the organization/ client and they either individually or in combination will form the basis for considering experience of work executed.

(b). Bids shall be submitted by a sole bidder or a Consortium of two or more parties (not more than 3 parties) having Technical Experience as listed above.

(c). The tenderer not meeting the Eligibility

requirements and not producing supportive documents shall be rejected.

(d). KIOCL reserves its right to verify the

documents/information submitted or inspect the installation done. The tenderer shall provide necessary facilities for this purpose.

(e). Each member of the consortium must have the

experience for the component of the contract that they are designated to perform as per the scope defined above. In case, one member of the consortium does not meet the requirements of eligibility criteria, combination of two or more members meeting the following criteria may be considered.

(f). In case of a Tenderer participating in a consortium, the Tenderer along with his Consortium members must fulfil the above requirements as well as the requirement stipulated at relevant clauses of ITT-SCC.

(g). The experience listed at A above shall be met

either by the Technology Provider(s) for the PCI Plant or the Licensee(s) of the Technology Provider(s).

(h). A Technology provider(s) of PCI plant can be bidder or else can offer its technology as a Licensor to only one prospective bidder in this bid.



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(i). The experience of Licensor in the relevant field of the PCI shall be considered for evaluation of Technical eligibility to the extent agreed by the Licensor as per License Agreement entered into between the Licensee and the Licensor provided the Licensee submits the License Agreement (jointly signed by Licensee and Licensor). All other eligibility requirements shall require to be met by the Licensee or by any member of consortium.

(j). Licensor to the Bidder shall sign the Contract Technical Specification between KIOCL and the Bidder as a mark of acceptance.

(k). Licensor shall furnish an undertaking / MOU with KIOCL firmly stating that they will undertake to execute the project as a subcontractor to the bidder, complying the process, performance guarantee and other parameters envisaged in the Contract Technical Specification within the agreed time schedule complying the terms and conditions of the Contract.

(l). Licensor shall undertake that it shall remain bound by the License agreement till successful completion of the project being executed by the License and performance of the project.

(m). Licensor shall undertake and agree with

KIOCL that if for any reason it breaches the agreement or fails to fulfill the contractual obligation undertaken by it in the License agreement with Licensee then such breach will not affect KIOCL in getting the project executed based on the Contract between KIOCL and the Bidder, but in such case, may not be based on Licensor’s technology. In case of a breach of License agreement by the Licensee, at the option of KIOCL, Licensor will agree to supply the Technology directly to KIOCL on the basis of the License Agreement with the Bidder.



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B. Financial eligibility requirements:-

i. The Tenderer/Bidder shall have an average annual financial turnover of at least Rs 87,500,000/- (Indian Rupees Eight Seventy Million Five hundred thousand only), or equivalent US Dollars/Euros during the last three (3) financial years 2016-2017, 2017-2018, 2018-2019. In case of Tenderer / Bidder whose accounting year coincides with calendar year, average annual turnover during the financial years 2016, 2017 & 2018 shall be considered.

In case of consortium offer, the average annual financial turnover of each individual member of the Consortium during last three consecutive financial years shall not be less than in proportion to their share of work. The total average turnover of the Consortium taken together (taken together for all Consortium members) shall not be less than the minimum stipulated Turnover criteria.

Only Gross Sales income shall be considered for determination of annual turnover.

Note: The Tenderer shall submit audited annual financial reports for the above 3 (three) financial / calendar years in support of their meeting the stipulated financial requirements. Annual financial turnover of entities participating in the tender on their own strength only shall be considered and not their related entities like holding company, subsidiaries or group companies etc., i.e., Tenderer shall be independent legal entities and shall have its own independent financial accounting system as per laws of their country.

ii. The Bidder shall be solvent for value not less

than Rs 87,500,000/- (Indian Rupees Eight Seventy Million Five hundred thousand only) (or equivalent amount in US$/Euro). In case of consortium, Solvency of each member should be at least 75% of the requirement for single bidder in case of two bidders and 60% in case of more than two bidders.



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Note: The Bidder shall submit original solvency certificate information indicating the sanctioned credit limit and unutilized amount in equivalent USD/ Euro/ Indian Rupees from any nationalized Indian Bank/ scheduled commercial Banks/ Foreign Banks having a branch in India dated not earlier than three months from the due date of submission of bid as per Annexure-3 (c) of ITT.

iii. The Net worth of the bidder as per the immediate

preceding year’s Audited financial results should be positive. Net worth of each member of the Consortium should be positive in the year immediately preceding the date of issue of Tender.

iv. The working capital of the bidder (single entity) shall be at least three (3) times the monthly cash flow requirements If the bidder is a Consortium, Leader of the consortium should have minimum working capital equal to three (3) times the monthly cash flow requirement

Bidder should have minimum working capital of Rs. 55,000,000/- (Indian Rupees fifty Five Million only) (or equivalent amount in US$/Euro) as per the immediate preceding year’s Audited Financial Results. In case bidder is unable to meet the working capital requirement as above, the bidder can supplement the working capital with a fund based line of credit from any scheduled bank in India or a commercial bank having Net worth more than equivalent INR 1000 Million. In such a case, bidder shall furnish a declaration from the bank (dated any date between the Tender floating and bid due date) for availability of unutilized fund based line of credit for the shortfall in working capital below the minimum working capital requirement.



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For calculating the working capital, current assets and current liabilities will be considered as classified in the audited balance sheet of the year immediately preceding the date of issue of tender. In case the tenders having the bid closing date up to 30th September of the relevant financial year, and audited financial results of the immediate preceding financial year are not available, in such case the audited financial results of the year immediately prior to that year will be considered as last financial year for Working capital calculation. Wherever the closing date of the bid is after 30th September of the relevant financial year, bidder has to compulsorily submit the audited financial results for the immediate preceding financial years.

C. Eligibility and qualifications of consortium shall be as

per clause no. 8.4 (b) of ITT D. In view of the above, the following requirement of

consortium as stipulated at the relevant clauses of ITT/SCC has also been examined:

The leader shall be authorized to incur liabilities and receive instruction for and on of behalf of any & all members of the consortium, and the entire execution of contract, including payment, shall be done exclusively with the leader or with the consent of the Leader to other member of the consortium.

E. All the members of the consortium shall be responsible and liable jointly and severally for the execution of the scope of the work under Contract in accordance with the terms and conditions of the Contract. However Leader of the consortium shall be solely responsible for the integration interface, coordination and completeness of the entire Scope of Work including establishment of PG parameters under the contract.

24 Spares (ITT clause 8.4(c) (ii))

List of O&M Spares required for operation of 2 years following completion of the facilities - Item-wise price to be submitted by successful bidder as per GCC-2 Clause No. 12 and GCC-3 Clause No. 11

25 Alternative Bids (ITT clause 8.3)

Refer ITT clause 8.3



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26 Bid Prices (ITT clause 10.4)

Bidders are required to quote price breakup in all the applicable tables of Price Schedule.

Bidder to quote prices in Indian Currency on FOR site delivery basis.

Bidder shall not quote for charges towards Indian supervision separately as the same is already deemed included in erection price. The same will not be paid separately.

Dummy price sets are to be uploaded by the Tenderer without indicating the price figures (i.e. quoted rates / amount etc.) duly signed & stamped on all pages for execution of all items as per the Specifications/ Standards by successful bidder, exactly matching the format of price-schedule given in tender document. This should be a true copy of the ‘Price-bid’ as uploaded by the party, except that price-figures i.e. quoted rates /amount etc. should not be mentioned in the ‘Dummy Price Set’ and Tenderers may indicate the word ‘Quoted’ against the items in the ‘Dummy Price Set’.

Bidder shall not quote for charges towards Indian training to be imparted on the KIOCL site (within premises of Plant) as the same will not be paid separately. It will be the responsibility of the Contractor to provide onsite, on job training during erection, testing, commissioning and PG test in accordance with the terms of tender.

27 Technical Evaluation of Bid

Technical evaluation shall be carried out in accordance with the requirements set forth in Technical Specification included in the bidding document.

28 Price Bid Evaluation (ITT clause 25)

The Price bid evaluation and E-Reverse auction shall be carried out as per ITT Clause 25.0

29 Performance Guarantees

The Bidder shall quote his price conforming to the Performance Guarantee as specified in Technical Specifications No. MEC/01/02-03/197C/TS/PCI/PKG-005-REV 00.

30 Conversion to single currency (ITT clause 26) for evaluation.

Date of exchange rate: The closing TT Selling rate of exchange on the previous working day of the date of opening of Price bid shall be considered. Exchange TT Selling rates observed by the Reserve Bank of India (RBI) and notified by the State Bank of India (SBI) will be used for converting prices quoted in foreign currencies to Indian Rupees for evaluation purpose.

31 Amount of Performance Security (Performance Bank Guarantee / Security Deposit) (ITT clause 33.1)

Performance Security amount shall be ten percent (10%) of the Contract price in Rupees (including taxes and duties as included in Price Schedule)



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32 Integrity Pact (ITT clause 37) Name of the External Independent Monitor & Address

Integrity Pact to be signed – Yes Shri. Varanasi Udaya Bhaskar CMD (Retd.), Bharat Dynamics Ltd., Flat No. 101, 1st Floor, Block No. B, Sri Balaji Gulmohar Township Bachpalle, KV Rangareddy Hyderabad – 560 090. Mob: 09490796474 E-Mail: [email protected]

33 Address of the Employer General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]

14. If the date and time for any activity indicated in the tender document happens to be a

holiday or a non-working day, for any reason, then the next working day and time will be automatically taken as the date and time for such activity.

15. Each Tenderer/ Bidder shall submit only one bid in compliance with the requirements of the bidding documents. Alternatives will not be considered. Submission of more than one bid will cause all the proposals with the Tenderer’s participation to be disqualified.

16. The Bid Document consists of:- Documents as detailed in ITT clause 4.1. 17. Submission of Integrity Pact (IP)

Bidders are required to submit Integrity Pact along with their bid as per format and manner as given in bidding document. (Ref Clause no. 37.0 of ITT) and complying with the following requirements.

17.1 Bidder shall submit the Integrity Pact document on its Company’s Letter head, duly signed

by the authorized representative on all pages. 17.2 If the Bidder / Contractor is a partnership firm or a consortium, the Integrity Pact shall be

signed by all the partners or consortium members. 17.3 On behalf of KIOCL, the Integrity Pact will be signed by the authorized nominee

immediately on receipt of Integrity Pact signed by the Bidder. 17.4 The Integrity Pact shall be submitted in a separate envelope duly super scribing “Integrity

Pact” and submitted with Part-A of the offer. 17.5 The Bidder shall not change the contents of Integrity Pact.

17.6 The Bidder / Contractor will abide by the conditions given in the IP document enclosed as

annexure along with the tender document. (Refer IP Pro-forma).



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17.7 The details of the External Independent Monitors nominated for this Bid are given in

Salient features/ Bid Data sheet of NIT. 18. Submission of Bids

Bids will be accepted only through the e-tender portal. No manual bids shall be permitted along with electronic bids. Tender issuing authority is not responsible for the delay /non-downloading of tender documents by the recipient due to any problem in accessing the e-tender website. The tender issuing authority is also not responsible for delay in uploading bids due to any problem in the e-tender website. For submitting online bid, the prospective bidder is requested to visit the following M/s MSTC Limited website link; https://www.mstcecommerce.com/eprochome/KIOCL/buyer_login.jsp Before proceeding to submit online bid, bidders are requested to go through ‘Vendor Guide’ given in the above link. Bidders are to get themselves get registered and obtain Digital signature as mentioned in the Vendor Guide. The details given in the M/s MSTC Limited Vendor Guide are binding and are part of Tender document. After filling the preliminary information, the bidder shall proceed to submit the bid in three parts in seriatim. Bid submission Acknowledgement The bidder should complete all the process and steps required for Bid submission. The successful bid submission can be ascertained once acknowledgement mail is received in their registered email id against tender after final submission. The acknowledgement is the only confirmation of submission of bid, which the bidder can show as a proof of participation in the tender. Other than this acknowledgement, no proof will be considered as a confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement required for verification in case of dispute, his claim for submission of bid may not be considered. Before uploading the documents, the bidder is requested to arrange the soft copies of all the documents as per the documents list given hereunder. It may please be noted that there is a data limit for upload. Each upload document size shall not be more than 3MB. The documents more than 3MB are not accepted by the system. Bidders are requested to check beforehand that all their files size are complying to above data size. Further, bidders are requested to upload only relevant document as sought in the tender and avoid uploading unnecessary documents. Guidelines for online submission of Bid, please refer to “Instructions to e-procurement” in NIT. The documents to be submitted in three parts are given hereunder.



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Part A: The following constitutes Part-A of the documents;

Sl.No Description Remarks

(i) Letter of undertaking as per Annexure – 1 to ITT

Bidder is requested to upload the scanned copy of Letter of Undertaking (LOU) and Hard copy of LOU to be mailed to KIOCL Limited at the address given at relevant clause No.13.0 here of so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(ii) Rs 1,000,000/- (Indian Rupees One Million Only) or USD 14,000/- (US Dollars Fourteen Thousand only) Either in the form of Bank Guarantee as per Annexure – 2 to ITT / DD towards EMD (Refer Clause no.11 of ITT) or online payment.

Bidder is requested to upload the scanned copy of Bank Guarantee / DD. Hard copy of BG/DD to be mailed to KIOCL Limited at the address given at clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(iii) Tender fee including processing fee Rs 118,000/- (Indian Rupees One hundred and Eighteen Thousand only) including 18% GST ) drawn in favour of KIOCL Limited and payable at Bangalore or or USD 1,650/- (US Dollars One Thousand Six Hundred and fifty only) through online

Bidder is requested to upload the scanned copy of DD. Hard copy of DD or proof of payment for online transaction to be mailed to KIOCL Limited at the address given at clause No. 13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(iv) Duly signed Integrity Pact as per the pro-forma given in Annexure-10 to ITT (Refer clause no.16.0 hereof)

Bidder is requested to upload the scanned copy of signed Integrity Pact. Hard copy of Integrity Pact to be mailed to KIOCL Limited at the address given at clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(v) In case of MSME firm claiming exemption for submission of Tender Fee and EMD under MSMED Act 2006, (Refer Clause No.24.0 for claiming exemption under MSMED Act)

Bidder is requested to upload the scanned copy of KIOCL’s letter confirming acceptance of the firm for participation in the tender and also upload the scanned copy of MSME registration certificate. Both the above documents are to be uploaded in place of EMD upload and Tender fee upload.



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Bidders who are Central Government Departments / PSUs who are given exemption of payment of Tender fee only shall upload scanned copy of Declaration to this effect.

Hard copies of the above documents are to be submitted in sealed cover duly super scribing the “PART – A”, and mentioning tender No., name of the work, due date of submission and name and address of the tenderer on the envelope and the same shall be addressed to GM (Projects & TS), KIOCL Limited, Bangalore at the address given at Clause No. 13.0 hereof so as to reach before the due date and time of opening of online tender.

Part-B : The following documents comprise Part-B of Bid;

Sl. No. Description Remarks

(i) Documents in support of fulfilment of Eligibility Criteria as mentioned in BDS and as per Annexure-3a, 3b & 3c to ITT.

Bidder is requested to fill Annexure-3a, 3b & 3c to ITT and scan the document along with the Award letter, completion certificates and other relevant documents for fulfilling the technical eligibility criteria and same shall be uploaded in the website as a single file. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(ii) Information about the Tenderer: This shall be furnished in the prescribed pro-forma as per Annexure – 4 to ITT.

Tenderer is requested to fill Annexure-4 to ITT and scan the document along with attachment, if any. Bidder is requested to upload all the documents as a single scanned file. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(iii) Latest Power of Attorney (Not earlier than six months from the due date of submission of bid) of the signatory of the bid in original or duly attested by a Notary Public (with original sign and seal). (Refer Attachment 1 clause no. 8.4 (a) of ITT)

Bidder is requested to scan the power of Attorney and upload the scanned file.



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(iv) Audited Financial Statements including Profit and Loss statements for the last three financial years by all the members of the consortium. In case of non-availability of Audited Annual Reports for any genuine reasons, as an alternative, with reasoned proof, the bidder (sole or consortium) may submit Certified Annual Turnover for last three (3) consecutive financial years ending 31st March 2019/ Financial year end from a practicing Chartered Accountant, duly notarized, in support of their financial credentials, in lieu of the Annual Reports.

Bidder is requested to scan the audited financial results and upload the scanned file.

(v) Original Solvency certificate / Notarized copy of solvency certificate (with original stamp and signature of notary public) / Line of credit information as per Annexure–3C to ITT from any Indian Nationalized bank / scheduled commercial bank including a foreign bank having a branch in India dated not earlier than 3 months from the due date of submission of the tender for a value as mentioned in BDS.

Bidder is requested to upload the scanned copy of solvency certificate.

(vi) Net worth (Refer Sl. No. 23 of Bid Data Sheet)

Bidder is requested to upload the relevant documents. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(vii) Working capital (Refer Sl. No. 23 of Bid Data Sheet)

Bidder is requested to upload the relevant documents. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(viii) Photocopy of Permanent Account Number (PAN) issued by IT department and copy of P.F Registration Certificate indicating P.F. code number allotted by any Regional Provident Fund Commissioner. Copy of Latest P.F Challan or documentary evidence in support of remittances made towards P.F shall also be submitted. Photocopy of ESI registration certificate to be submitted. .

Bidder is requested to submit scanned PAN copy issued by IT Department and PF number issued by EPFO and latest PF remittance challan, ESI registration certificate. All the above documents to be scanned together to form one file. Bidder to upload scanned file.

(ix) Copy of GSTIN registration certificate. Bidder to upload scanned GSTIN registration certificate.

(x) Provide Bank Account details in order to facilitate payments through e-payment mode.

Bidder to upload the scanned copy of cancelled cheque.

(xi) Organization set up proposed at the site work: This shall be furnished in the prescribed pro-forma as per Annexure – 9 to ITT.

Bidder to upload scanned copy of duly filled Annexure – 9 to ITT.



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(xii) Time schedule in the form of BAR CHART / Network proposed by the Bidder for completion of the work within the time specified in Notice Inviting Tender (NIT).

Bidder to upload the scanned copy of Bar chart.

(xiii) List of Plant and Machinery proposed to be mobilized by the Bidder.

Bidder to upload the scanned copy of list of plant and machinery proposed to be mobilized.

(xiv) Overall description of the method the Bidder proposes to adopt for carrying out the work.

Bidder to upload scanned copy of relevant document.

(xv) Dummy price sets to be uploaded by the bidder without quoting the price, but indicating “quoted”/ “not quoted” (as the case may be), duly signed and stamped on each pages. Any footnotes, remarks etc. in the dummy price bid shall be considered only if they are in line with the bidding document otherwise such footnotes, remarks etc. are considered as deviations.

Footnotes, remarks etc. made in the Price Bid must also appear in the Un-priced / dummy copy thereof to be uploaded with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall be ignored and this shall at bidder’s cost and risk.

Bidder is requested to download the price schedule given in the tender document and fill the places where price is indicated as ‘Quoted’ / Not Quoted’ and also indicate the percentage of rates and taxes considered in the individual table. After filling the above, scan the same and upload the file as PDF format only (no other format is accepted by online platform) in the website. Please note that price should not be entered in the tables. If price is entered by mistake or otherwise, the bid may be liable for rejection.

(xvi) Valid certificate of registration of ‘A’ class Electrical Contractor from the Karnataka Electrical Inspectorate. In case the bidder does not possess the same, they shall give an undertaking that they shall obtain the same before commencement of work at site but at the latest within three (3) months from the effective date of contract.

Bidder to scan the certificate / undertaking and upload the same in the website.

(xvii) Technical – commercial offer as per Commercial volume and Technical Specification for the subject Tender.

After going through Commercial volume and Technical specification, please upload an undertaking that the scope of work as per Commercial volume and Technical specification is acceptable to the bidder without any Deviations.



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(xviii) Filled in Technical Questionnaire by the Bidder. After going through Technical specification, if any data is sought, the same may be furnished by uploading its scanned copy.

(xix) Itemized list of Commissioning spares considered, if any

Bidder to upload the scanned document for list of commissioning spares / declaration (if no such spares are envisaged)

(xx) Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 8 of ITT.

Bidder to upload the scanned Annexure-8 to ITT duly filled.

(xxi) Amendments/corrigenda/Addenda etc. for the tender, if any, issued by the KIOCL, duly signed, by the tenderer.

Bidder to upload the scanned Amendments/ corrigenda/ Addenda etc. for the tender issued by KIOCL. In case of no such Amendments/ corrigenda/ Addenda etc. for the tender, bidder to upload the scanned copy of NIL declaration statement.

(xxii) Interpretations/ Clarifications on this tender document, if any, issued by the KIOCL, duly signed by the tenderer.

Bidder to upload the scanned Interpretations / Clarifications for the tender issued by KIOCL. In case of no such Interpretations / Clarifications for the tender, bidder to upload the scanned copy of NIL declaration statement.

(xxiii) Declaration by the tenderer in his letter head that the firm is not blacklisted by any PSU/ Govt body. On verification if it is found that the tenderer has given misleading /false information, then his tender will be summarily rejected.

Bidder to upload the scanned declaration

(xxiv) Tenderer must declare whether the Proprietor or any Partner of the firm or Director of their Company as the case may be, has any relation with any employee working in KIOCL.

Bidder to upload the scanned declaration.

(xxv) Bids submitted by a consortium shall comply with the requirements as per Clause No. 8.4 (b) of ITT and shall submit a Memorandum of Agreement entered into between the consortium members. The Bidder should also indicate approx. percentage share of work in value terms. In order for a consortium to qualify, one of its members or combination of members must meet the minimum eligibility requirements.

Bidder to submit the scanned copy of Consortium Agreement / NIL declaration



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(xxvi) Checklist for submission of Bid Bidder to submit the filled in checklist duly scanned and uploaded to website.

Part-C: Price Bid to be submitted as follows;

After submitting Part A & Part B, the Bidder needs to do the following: 1. Click on ‘Download Price’ and download the Price Schedule (Excel Document). 2. Bidder needs to fill up price in the Excel sheet(s) offline and save the file without

renaming the file name. Please note that system will not accept the renamed file. 3. Click on ‘Upload Price’ Button to upload the filled up excel file for submitting the price

bid. 4. Click on ‘Final Submission’ to submit the tender. Price bid will be opened electronically of only those bidder(s) whose Part A & B are found to be acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C-Price bid, through valid email confirmed by them.

Note: The Bidders are advised to offer their most competitive prices while submitting the price bid. Price schedule is provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable.

If the Price schedule file is found to be modified by the bidder, the bid will be rejected.

18.1 The Bidder is requested to note that the price indicated in summary price schedule (Table 1A) through online platform (without downloading the file) and the price schedule uploaded by the bidder should match. In case of any discrepancies between online platform and BOQ, online platform will prevail. However, evaluation will be based on tender stipulations. If the bidder does not accept the correction of errors, their bid will be rejected.

18.2 In case of bid is submitted by a consortium, then grand total amount of all the consortium member should be entered.

18.3 Price bid will be opened electronically of only those bidder(s) whose Part B Techno-Commercial Bid is found to be Techno-Commercially acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C Price bid, through valid email confirmed by them. The Bidder has submit their price in Part- C section online and the breakup of the same to be filled up in the price schedule format provided in the tender.

18.4 For Further Guidelines for online submission of Bid, please refer to “Important instructions to e-procurement” to NIT.



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18.5 It shall be the responsibility of the Tenderers submitting the bid to ensure that the bid has been submitted in the formats and as per the terms and conditions of the tender documents and no change should be made therein. In the event of any doubt regarding the terms and conditions/ formats, the bidder concerned may seek clarifications from MECON. In case, any tampering/ unauthorized alteration is noticed in the Bid submitted from the Bidding Document available on the above mentioned Websites, the said Bid shall be summarily rejected and the company (KIOCL/ MECON) shall have no liability whatsoever in the matter.

18.6 KIOCL/ MECON takes no responsibility for delay, loss or non-receipt of documents sent by post. No financial obligations shall accrue to the KIOCL/ MECON in such an event.

18.7 The project is of prime importance and the bid is to be finalized within shortest possible

time. As such, Tenderer is requested to furnish an exhaustive and complete offer so that need for clarifications/ discussions can be minimized.

18.8 The Bidder shall visit the site and acquaint themselves of the prevailing local conditions

before submitting their bid and confirm in the letter of undertaking (Annexure - 1 to ITT) that the bidder has visited the site. Bidder shall note that site visit and site visit certificate is mandatory. For visiting the site, the Bidder shall contact the following officer: Jt. General Manager, Blast Furnace Unit KIOCL Limited, Panambur, Mangaluru – 575010 Telephone: 0824-2409681 E-Mail: [email protected]; [email protected]

18.9 Tenderers, who are associated for this Tender with the Consultant (MECON Limited) or any of its associates that have been engaged by the KIOCL to provide Consultancy Services for the preparation of design, Specifications & other documents to be used for procurement of the facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

18.10 Tenderers shall not directly or indirectly, take any service or assistance from the above

referred Consultant for the above work and for any work related to the KIOCL, if he becomes successful Tenderer.

19. Validity of the bid

The bid shall be kept valid for a period of 6 months from the due date of submission of the bid.

19.1 The KIOCL reserves the right to accept or reject any bid or to annul the Bidding process

and reject all bids at any time prior to award of the Contract without assigning any reason whatsoever and without thereby incurring any liability whatsoever to the affected Tenderer(s). Mere purchase and submission of tender document shall not mean fulfillment of requirements of eligibility of the Tenderer(s).



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20. Bids with Consortium :Refer Clause no. 8.4 of ITT.

21. The Tender Documents are non-transferable and shall be used by the Purchaser of the Tender document or by the tenderer who have downloaded the tender document from KIOCL’s website only for the specific purpose for which the Tender document have been issued / uploaded on KIOCL’s website.

22. There will be no post Tender Price Negotiation except with L-1 (i.e. the lowest evaluated

responsive Bid), if required.

23. THIS IS A ‘NO DEVIATION’ TENDER AND OFFER OF THE BIDDERS TAKING DEVIATIONS IN ANY TERMS & CONDITIONS OF THE TENDER SHALL BE REJECTED.

24. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (MSEs)‐

2012 i. To provide the following benefits to the MSEs as per the guidelines for Public Procurement

Policy for MSEs Order, 2012 for the goods or services, where the goods or services can be split, provided the MSEs are registered for the tendered goods or services respectively and submit the valid registration certificate duly notarized as a proof of existence of MSE. a) Issue of tender document free of cost. b) Exemption from submission of EMD. c) Price preference‐ In tender participating MSE’s quoting price within price brand of L‐I +

15% shall also be allowed to supply the portion of requirement by bringing down their prices to L‐1 prices in a situation where L‐1 price is from someone other than a MSE and such MSE shall be allowed to supply up to 20 % of total tendered value. In case of more than one such MSE, the supply shall be shared equally.

ii. To provide the following benefits to the MSE’s as per the guidelines for Public

Procurement Policy for MSEs Order, 2012 for the goods or services, where the goods or services cannot be split, provided the MSEs are registered for the tendered goods or services respectively and submit the valid registration certificate duly notarized in this regard. a) Issue of tender document free of cost. b) Exemption from submission of EMD.

iii. In case of bid is submitted by an Association/Consortium not having all the members as

SSI units, no benefits under MSME circular shall be extended. 25. The Bidders may be required to explain / justify the basis of their quoted price as and

when asked for. In case, any bidder fails to justify his quoted price or refuse to co-operate in this regard, such bidder will not be considered for participating in the re-tendering, if the contract is not finalized from the present bidding.



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26. Even if a Bidder is found to be meet all the eligibility criteria and other requirements, he is liable to be disqualified, without prejudice to KIOCL’s right to take legal actions as per applicable law, if it comes to knowledge that he has made untrue or false representations in the forms, statements, translations and enclosures submitted in proof of eligibility and qualification requirements and / or made any misrepresentation of facts in order to influence the tendering process and its outcome and the same is found to be true by the KIOCL upon verification or otherwise.

27. The Tender Documents are non-transferable and shall be used by the Bidder to whom it has been issued/downloaded by the bidder.

28. Declaration by the bidder in his letter head that the firm is not blacklisted by any Government/ PSU Body.

29. This Notice Inviting Tender will form part of the Tender document.



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Process of E-tender: A) Registration: The process involves vendor’s registration with MSTC Limited e-

procurement portal (www. mstcecommerce.com) which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Techno-Commercial Bid as well as Price Bid over the internet will be done. The vendor should posses Class III signing type digital certificate. Vendors are to make their own arrangement for bidding from a Personal Computer connected with Internet. MSTC Ltd is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature).

SPECIAL NOTE: THE PRICE BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED ON- LINE AT http://www.mstcecommerce.com/eprochome/kiocl/

a. Vendors are required to register themselves online with http://www.mstcecommerce.com/eprochome/kiocl/ →Register as Vendor (Vendors) Filling up details and creating own user id and password→ Submit.

b. Vendors will receive a system generated mail confirming their registration in their email which has been provided during filling the registration form.

In case of any clarification, please contact MSTC Limited, (before the scheduled time of the e- tender).

Contact Persons at MSTC Ltd are as under

c. System Requirement:

i) Windows 98 /XP-SP3 & above/Windows 7 Operating System ii) IE-7 and above Internet browser iii) Signing type digital signature - Class 3. iv) JRE 8 update 144 and above software to be downloaded and installed in the system. v) To enable ALL active X controls and disable “use pop up blocker‟ under

Tools→ Internet Options→ custom level

FOR DETAILS PLEASE GO THROUGH THE VENDOR GUIDE AND THE VIDEO UNDER “VIEW VIDEO” LINK AT www.mstcecommerce.com/eprochome

Vendor

GuideLinkhttp://www.mstcecommerce.com/eprochome/UserManualVendor.pdf.

Shriyansh Jain RavindranathEmail: [email protected] Email: [email protected] Mobile : 7411651015 Mobile : 7676456095

Land Line : 080 22260054/22266417 Extn 205



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VideoLink.http://www.mstcecommerce.com/auctionhome/RenderFileViewVideo.jsp?file=IE- Configuration.mp4

1) Bidders are instructed to use Attach Documents through the attach document button present under event number selected. Multiple documents can be uploaded. Maximum size of single document for upload is 3 MB.

2) For further assistance please follow instruction of vendor guide http://www.mstcecommerce.com/eprochome/UserManualVendor.pdf

3) All notices and correspondence to the bidder(s) shall be sent through email during the process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

4) Please note that there is no provision to take out the list of parties who are downloading the tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigendum, if any, will be that of the bidders.

5) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/ eprochome/kiocl of MSTC Ltd. or www.kiocl.co.in of KIOCL Ltd.

6) E-tender cannot be accessed after the due date and time mentioned in NIT. 7) Bidding in e-tender:

a) The process involves Electronic Bidding for submission of Techno Commercial Bid as well as Price Bid.

b) The bidder(s) can submit their Techno Commercial Bids and Price Bid through internet in MSTC Ltd website www.mstcecommerce.com/eprochome/kiocl→ Vendor Login → My menu→ Auction Floor Manager→ live event →Selection of the live event→ Techno Commercial Bid.

c) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done twice immediately after clicking on the Techno- Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.



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d) After filling the Techno-Commercial Bid, bidders should click„ save for recording their Techno-Commercial bid. Once the same is done, the Price Bid link becomes active and the same has to filled up and then bidders should click on “save” to record their price bid. Then once both the Techno-Commercial bid & price bid has been saved, the bidders can click on the “Submit” button to register their bid NOTE: - The Techno-Commercial Bid & price bid cannot be revised once the submit button has been clicked by the bidders.

e) In all cases, bidders should use their own ID and Password along with Digital Signature at the time of submission of their bid.

f) During the entire e-tender process, the bidders will remain completely anonymous to one another and also to everybody else.

g) The e-tender floor shall remain open from the pre-announced date & time and for as much duration as mentioned above.

h) All electronic bids submitted during the e-tender process shall be legally binding on the bidders. Any bid will be considered as the valid bid offered by that bidder and acceptance of the same by KIOCL Ltd will form a binding contract between KIOCL Ltd and the Bidder for execution of work. Such successful bidder shall be called hereafter Contractor.

i) It is mandatory that all the bids are submitted with digital signature certificate otherwise the same will not be accepted by the system.

j) KIOCL Ltd reserves the right to cancel or reject or accept or withdraw or extend the tender in full or part as the case may be without assigning any reason thereof.

k) Submission of bid in the e-tender floor by any bidder confirms his acceptance

of all terms & conditions of the tender without any deviations. l) Unit of Measure (UOM) is indicated in the e-tender Floor. Rate to be quoted

should be in Indian Rupee as per UOM indicated in the e-tender floor/tender document.



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C) Submission of Bids :

a.) Login to www.mstcecommerce.com/eprochome/KIOCL →Vendor Login → My menu→ Bidding Floor → live event →Selection of the live event→ Fill PART A, PART B and PART C and upload the docs.

b.) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done immediately after clicking on the Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.

c.) PART A: 1.) Commercial bid will be opened electronically on specified date and time as given in

the NIT. Bidder(s) can witness electronic opening of bid. 2.) Bidder(s) need to submit necessary Tender fee and EMD as mentioned in Clause

respectively of the schedule of tender, to be eligible to bid online in the e-tender. Tender fees is non refundable. No interest will be paid on EMD. EMD of the unsuccessful bidder(s) will be refunded by KIOCL Ltd.

3.) The bidder has to submit scan copies of all the documents as mentioned in the NIT for PART A along with the hardcopies to KIOCL before scheduled closing time.

4.) If any of the documents are not submitted, the bidder shall be considered as non-responsive and their bid shall be liable for rejection and PART-B of such unresponsive bid will not be opened.

d.) PART B: Techno-Commercial bid will be opened electronically whose Part A Commercial

Bid is found to be Commercially acceptable to KIOCL Ltd on specified date and time as given in the NIT. Bidder(s) can witness electronic opening of bid.

e.) PART C: After submitting PART A & Part B, the vendor needs to do the following: 1. Click on ‘Download Price’ and download the Price Schedule (Excel Document). 2. Bidder needs to fill up price in the Excel sheet(s) offline and save the file without

renaming the file name. Please note System will not accept the renamed file. 3. Click on ‘Upload Price’ Button to upload the filled up excel file for submitting the price

bid. 4. Click on ‘Final Submission’ to submit the tender. Price bid will be opened electronically of only those bidder(s) whose Part B Techno-Commercial Bid is found to be Techno-Commercially acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C Price bid, through valid email confirmed by them.



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Note: The Bidders are advised to offer their most competitive prices while submitting the price bid.

f.) All entries in the tender should be entered in online Technical & Commercial Formats

without any ambiguity. g.) All notices and correspondence to the bidder(s) shall be sent through email during the

process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D. provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

h.) Please note that there is no provision to take out the list of parties who are downloading the Tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigenda, if any, will be that of the bidders.

i.) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/eprochome/KIOCLof MSTC Ltd. or www.kioclltd.in of KIOCL Ltd

j.) Any order resulting from this e-tender shall be governed by the terms and conditions mentioned therein as well as in the tender document.

k.) After submitting online bid, the bidder cannot access the tender, once it has been submitted with digital signature.

l.) The bidders must upload all the documents required as per terms of NIT. Any other document uploaded which is not required as per the terms of the NIT shall not be considered.

m.) The bid will be evaluated based on the filled-in technical & commercial formats.

For KIOCL Limited

(G V KIRAN) General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]



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KIOCL/TS/BFU/PCI/F‐498 VOL-1- ITT Sheet 1 of 67

INSTRUCTIONS TO TENDERERS (ITT)

TABLE OF CONTENTS S No. Item Page no.

A. Introduction 1. Eligible Bidders 3 2. Facilities - Plant, Equipment, & Services 3 3. Cost of Bidding 3 B. The Bidding Document 4. Content of Bidding Documents 3 5. Clarification of Bidding Documents 5 6. Amendment of Bidding Documents 7 C. Preparation of Bid 7. Language of Bid 7 8. Documents Comprising the Bid 8 9. Letter of Undertaking and Price Schedules 12

10. Bid Prices 13 11. Bid Security 14 12. Period of Validity of Bid 16 13. Format and Signing of Bid 17 D. Submission of Bids 14. Sealing and Marking of Bids 20 15. Deadline for Submission of Bids 21 16. Late Bids 21 17. Modification and Withdrawal of Bids 22 E. Opening and Evaluation of Bids 18. Opening of Bids by Employer 22 19. Clarification of Bids 23 20. Preliminary Examination of Bids 23 21. Techno-Commercial Evaluation of Bid 24 22. Qualification 24 F. Clarification Meeting 23. Clarification of Bids and Review of Bidders’ Proposed Alternative

Solutions 25

24. Updated Technical, Commercial and Price Bid 26 25. Price Bid Evaluation Including Reverse Auction 26 26. Conversion to Single Currency for evaluation and comparison 28 27. Contacting the Employer

28



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S No. Item Page no.G. Award of Contract 28. Changes in Qualification Status 29 29. Award Criteria 29 30. Employer’s Right to accept Any Bid and to reject Any or All Bids 29 31. Notification of Award 29 32. Signing of Contract Agreement 29 33. Performance Security (Performance Bank Guarantee) 30 34. Risk Purchase Action 31 35. Transfer of Bid Document 31 36. Funding by Bidders 31 37 Integrity Pact 31 38 Compliance with Company Law 32 39. Corrupt or Fraudulent Practices 32 40. Sub Contractor 32 41. General 33 42. Disclosure of Conflict of interest 33

Annexure to ITT Annexure – 1 Proforma of Letter of Undertaking 34

Annexure – 2 Bank Guarantee towards Earnest Money Deposit 37

Annexure--3a,3b&3c Eligibility requirement information

40

Annexure – 4 Information about the Bidder 43

Annexure –5 No Deviation Declaration 46

Annexure – 6 Memorandum of Agreement (Consortium agreement) 47

Annexure – 7 Undertaking by Licensor 51

Annexure – 8 Details of works in Hand at present 53

Annexure-9 Organization set-up at project site 54

Annexure -10 Integrity Pact 55 Annexure -11 Process of e-Reverse auction 61



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INSTRUCTIONS TO TENDERERS (ITT) A. INTRODUCTION 1. Eligible Bidders 1.1 This Notice Inviting Tender (NIT), issued by the Employer, is for the Bidders

(Domestic, International or a consortium thereof) meeting the eligibility criteria.

1.2 Bidders (including all the members of their consortium) who are associated for this Tender with Consultant or any of its associates that have been engaged by the Employer to provide Consultancy Services for the preparation of design Specifications & other documents to be used for procurement of the Facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

1.3 Bidder (including all the members of their consortium) shall not directly or indirectly,

take any service or assistance from the above referred Consultant for the above work, if he becomes successful Bidder.

1.4 The Employer's Consultant (s) for the Facilities shall not be eligible to submit their

bid. 2. Facilities - Plant, Equipment & Services 2.1 For the purposes of these Bidding Documents, the word “Facilities” means the

plant and equipment to be designed, manufactured, supplied and installed as per scope of Bidding Document, under the Contract. The words “plant & equipment,” etc., shall be construed in accordance with the respective definitions given to them in the General Conditions of Contract.

3. Cost of Bidding 3.1 The Bidder shall bear all costs associated with the preparation and submission of

its bid, and the Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

B. THE BIDDING DOCUMENTS 4. Content of Bidding Documents 4.1 The Facilities required, bidding procedures, Contract terms and technical

requirements are prescribed in the Bidding Documents. The Bidding Documents include the following sections:



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Vol-1: Commercial Document

a. Notice Inviting Tender (NIT) including Salient features / Bid Data Sheet (BDS)

b. Instruction to Tenderer (ITT) with Annexure 1 to 11

Annexure – 1 Proforma of Letter of Undertaking Annexure – 2 Bank Guarantee towards Earnest Money Deposit Annexure-3a,3b&3c Eligibility requirement information Annexure – 4 Information about the Bidder Annexure –5 No Deviation Declaration

Annexure – 6 Memorandum of Agreement (Consortium agreement) Annexure – 7 Undertaking by Licensor Annexure – 8 Details of works in Hand Annexure– 9 Organization set-up at site Annexure -10 Integrity Pact Annexure -11 Methodology for Reverse auction

c. Form of Contract Agreement with Appendices 1-7

i. Appendix-1: Price Schedules ii. Appendix-2: Time Schedule iii. Appendix-3: Terms of Payment iv. Attachment to Appendix-3- Format of Letter of Credit v. Appendix-4: Price Adjustment due to Variation in Price Indices vi. Appendix-5: Performance Guarantees vii. Appendix-6: List of Preferred vendors

d. Special Conditions of Contract (SCC)

e. General Condition of Contract (GCC) consisting of:

i. GCC-1 : General Conditions of Contract for Works ii. GCC-2 : General Conditions of Contract for Indigenous supplies iii. GCC-3 : General Conditions of Contract for Off-Shore Supply

Vol-2: Technical Document Vol-3- Drawings

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

other information in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder’s risk and may result in rejection of its bid.



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4.3 Bid documents and/or corrigendum downloaded from KIOCL/MECON website /Central Public procurement portal/MSTC website shall only be considered as authentic. Bid documents downloaded from any other source / website is/are liable for rejection.

4.4 The Bidder shall download the “Bidding Document” available in the website in

totality.

4.5 It shall be the responsibility of the prospective bidders to ensure that the Bids have been submitted in the formats and as per the terms and conditions prescribed in the website and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender/Bid (NIT) forms the complete bidding document.

All the documents along with detailed NIT as placed in the website are final including clarification, drawings, corrigendum, addendum, pre-bid meetings, if any. On verification, at any time, wheth

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