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  • New & Renewable Energy Department/

    Haryana Renewable Energy Development Agency (HAREDA)

    Invites e- tender for Selection of Bidders

    for

    Supplying Solar Power by Commissioning

    of

    Grid Connected Roof Top Solar Photovoltaic (PV) Power Plants

    on the Roofs of Govt. Buildings in State of Haryana

    through

    Renewable Energy Service Company (RESCO) mode

    E-Tender No: HAREDA/SPV/RESCO/2017-18

    HARYANA RENEWABLE ENERGY DEVELOPMENT AGENCY (HAREDA)

    (DEPARTMENT OF RENEWABLE ENERGY, HARYANA)

    Akshay Urja Bhawan, Institutional Plot No.-1, Sector-17, Panchkula

    PHONE: 0172-2587233, 2587833, Fax No.0172-2564433

    Email: [email protected] Website: www. hareda.gov.in

  • Table of Contents

    S.No. Particulars Page no.

    1 DEFINITIONS & ABBREVIATIONS 3

    2 INTERPRETATIONS 7

    3 TENDER NOTICE 8

    4 BID INFORMATION SHEET 9

    5 INSTRUCTIONS TO BIDDER ON ELECTRONIC

    TENDERING SYSTEM

    10

    6 BID DETAILS & GENERAL INSTRUCTIONS TO THE

    BIDDERS

    16

    7 GENERAL CONDITIONS OFTHE CONTRACT/SCOPE

    OF WORK

    25

    8 BID OPENING, EVALUATION OF BIDS, SELECTION

    OF BIDDERS

    32

    9 TECHNICAL SPECIFICATIONS 40

    10 SAMPLE FORMATS 58

    (To be furnished after bidding document complete in all respect i.e. after incorporating

    technical specifications and according to relevant indent)

  • Page 3 of 74

    SECTION I

    I. DISCLAMIER:

    i. Though adequate care has been taken while preparing the document, the Bidders shall

    satisfy themselves that the document is complete in all respects. Intimation of any

    discrepancy shall be given to this office immediately. If no intimation is received from

    any Bidder within ten (10) days from the date of notification /Issue of the document,

    it shall be considered that the document is complete in all respects and has been

    received by the Bidder.

    ii. HAREDA reserves the right to modify, amend or supplement this document including

    all formats and Annexures.

    iii. While this document has been prepared in good faith, neither Department of

    Renewable Energy, Haryana / HAREDA nor their employees or advisors make any

    representation or warranty, express or implied, or accept any responsibility or liability,

    whatsoever, in respect of any statements or omissions herein, or the accuracy,

    completeness or reliability of information, and shall incur no liability under any law,

    statute, rules or regulations as to the accuracy, reliability or completeness of this

    document, even if any loss or damage is caused by any act or omission on their part.

    II. DEFINITIONS & ABBREVIATIONS

    In this E-Bid / RFS Document the following words and expression will have the

    meaning as herein defined where the context so admits:

    i. Affiliate shall mean a company that either directly or indirectly

    a. controls or

    b. is controlled by or

    c. is under common control with

    a Bidding Company and control means ownership by one company of at

    least twenty six percent (26%) of the voting rights of the other company.

    ii. "B.I.S" shall mean specifications of Bureau of Indian Standards (BIS);

    iii. Bid shall mean the Techno Commercial and Price Bid submitted by the Bidder

    along with all documents/credentials/attachments annexure etc., in response to

    this RFS, in accordance with the terms and conditions hereof.

  • Page 4 of 74

    iv. Bidder/Bidding Company shall mean Bidding Company submitting the Bid.

    Any reference to the Bidder includes Bidding Company / including its successors,

    executors and permitted assigns as the context may require;

    v. Bid Deadline shall mean the last date and time for submission of Bid in

    response to this RFS as specified in Bid information Sheet;

    vi. Bid Capacity shall means capacity offered by the bidder in his Bid under

    invitation.

    vii. CEA shall mean Central Electricity Authority.

    viii. HERC shall mean Haryana Electricity Regularity Commission

    ix. Chartered Accountant shall mean a person practicing in India or a firm

    whereof all the partners practicing in India as a Chartered Accountant(s) within

    the meaning of the Chartered Accountants Act, 1949;

    x. Competent Authority shall mean Director , HARYANA RENEWABLE

    ENERGY DEVELOPMENT AGENCY himself and/or a person or group of

    persons nominated by Director, HAREDA for the mentioned purpose herein;

    xi. Commissioning means Successful operation of the Project / Works by the

    Contractor, for the purpose of carrying out Performance Test(s) as defined in

    RFS.

    xii. Company shall mean a body incorporated in India under the Companies Act,

    1956 or Companies Act,2013 including any amendment thereto;

    xiii. Capacity Utilization Factor (CUF) means the ratio of the annual output of the

    plant in kWh versus installed plant capacity for number of days. CUF = plant

    output in kWh / (installed plant capacity in kW * 365X24).

    xiv. Eligibility Criteria shall mean the Eligibility Criteria as set forth in Clause 3.4

    of this document;

    xv. Financially Evaluated Entity shall mean the company which has been

    evaluated for the satisfaction of the Financial Eligibility Criteria set forth in

    Clause 3.4.3 hereof;

    xvi. "IEC" shall mean specifications of International Electro-technical Commission;

    xvii. "kWp" shall mean Kilo-Watt Peak;

  • Page 5 of 74

    xviii. "kWh" shall mean Kilo-Watt-hour;

    xix. "MNRE" shall mean Ministry of New and Renewable Energy, Government of

    India;

    xx. Model(s) RESCO model

    xxi. "O&M" shall mean Operation & Maintenance of Rooftop Solar PV system;

    xxii. Owner of project shall mean anyone who has ownership of the roof (in lease

    form also) and is the legal owner of all equipments of the project OR the

    Successful bidder under Part-II who has taken the roof on mutually agreed terms

    and conditions from the roof top owner(s) and enters into a PPA with the

    consumer (s) for supply of solar power for at least 25 years from the date of

    Commissioning of project.

    xxiii. Levellized Tariff shall mean the tariff offered by the Bidder for 25 years the

    Scope of work as per RFS document.

    xxiv. Project capacity means Capacity in kWp allocated to the Bidder for different

    states of India consisting of single or multiple roof tops. The project capacity

    specified is on DC output Side only.

    xxv. Performance Ratio (PR) means

    Performance Ratio (PR) means the ratio of plant output versus installed plant

    capacity at any instance with respect to the radiation measured. PR= (Measured

    output in kW /Installed Plant capacity in kW * (1000 W/m2/Measured radiation

    intensity in W/m2).

    xxvi. Parent Company shall mean a company that holds at least twenty six percent

    (26%) of the paid-up equity capital directly or indirectly in the Bidding Company

    as the case may be;

    xxvii. Project Company shall mean Company incorporated by the bidder as per

    Indian Laws in accordance with Clause no 3.5.

    xxviii. Project Sanction Documents shall mean the documents as specified in

    Annexure A

    xxix. Price Bid shall mean Envelope III of the Bid, containing the Bidders quoted

    Price as per the Section- IV of this document;

  • Page 6 of 74

    xxx. Qualified Bidder shall mean the Bidder(s) who, after evaluation of their

    Techno Commercial Bid as per Clause 3.4 stand qualified for opening and

    evaluation of their Price Bid;

    xxxi. "RFS" shall mean Request for Selection (RFS)/Bid document/Tender document

    xxxii. RESCO shall mean Renewable Energy Service Companies

    xxxiii. RESCO model shall mean where the bidders intend to take a roof top owned

    by some other entity on mutually agreed terms and conditions from the roof top

    owner(s) and enters into the PPA with rooftop owner / DISCOM / others for

    supply of Solar power for 25 years from the date of Commissioning of project.

    xxxiv. Statutory Auditor shall mean the auditor of a Company appointed under the

    provisions of the Companies Act, 1956 or under the provisions of any other

    applicable governing law;

    xxxv. Successful Bidder(s) /Contractor/Project Developers(s) shall mean the

    Bidder(s) selected by HAREDA pursuant to this RFS Phase-V of different states

    of India for Implementation of Grid Connected Roof Top Solar PV System as per

    the terms of the RFS Documents, and to whom Letter of Allocation has been

    issued;

    xxxvi. HAREDA shall mean Haryana Renewable Energy Development Agency ( A

    Govt of Haryana Enterprise) under department of Renewable Energy ;

    xxxvii. SNA shall mean State Nodal Agency.

    xxxviii. Subsidy shall mean 30% of total Project Cost or Bench mark cost fixed by

    Rate Contract or Rs. 20/- per watt whichever less is or as applicable according to

    Guidelines of MNRE/GOI / State Govt.

    xxxix. Tendered Capacity shall mean the Total aggregate capacity proposed to be

    allocated by HAREDA to the Successful Bidder through this bidding process as

    per terms and conditions specified therein;

    xl. Wp shall mean Watt Peak

    xli. Quoted item: Shall means the Grid Connected Rooftop Solar Power Plant

    consisting mainly Modules & inverters.

  • Page 7 of 74

    III. INTERPRETATIONS

    1. Words comprising the singular shall include the plural & vice versa

    2. An applicable law shall be construed as reference to such applicable law including its

    amendments or re-enactments from time to time.

    3. A time of day shall save as otherwise provided in any agreement or document be

    construed as a reference to Indian Standard Time.

    4. Different parts of this contract are to be taken as mutually explanatory and

    supplementary to each other and if there is any differentiation between or among the

    parts of this contract, they shall be interpreted in a harmonious manner so as to give

    effect to each part.

    5. The table of contents and any headings or sub headings in the contract has been

    inserted for case of reference only & shall not affect the interpretation of this

    agreement.

  • Page 8 of 74

    HARYANA RENEWABLE ENERGY DEVELOPMENT AGENCY (HAREDA)

    (DEPARTMENT OF RENEWABLE ENERGY, HARYANA)

    Akshay Urja Bhawan, Sector-17, Panchkula

    PHONE: 0172-2585733, 2585433 Fax No.0172-2564433

    Email: [email protected] Website: www. hareda.gov.in

    TENDER NOTICE

    E-Tender No: HAREDA/SPV/RESCO/2017-18

    E-Tenders are invited for selection of Renewable Energy Service Companies (RESCOs) for Supply of

    Solar power on RESCO Mode by Installation & Commissioning of Grid Connected Rooftop Solar

    Power Plants with Net metering facility of tentative Capacity of 4 MWp on Government buildings.

    Bidders will be required to furnish levellized tariff for 25 years starting from the date of

    commissioning of the Project, in two bid system i.e. Technical Bid and Financial Bid:-

    S.

    No.

    Description

    EMD

    Document

    fees + e-

    Service

    fees

    Start Date &

    Time of online

    Bid Preparation

    & Bid

    Submission

    Expiry Date

    & Time of

    online Bid

    Preparation

    &

    Submission

    Date &

    Time for

    opening of

    Technical

    Bid

    1 Supply of solar Power on RESCO

    mode by Installation &

    Commissioning of Grid

    Connected Rooftop Solar Power

    Plants With Net Metering Facility

    On RESCO Mode.

    Rs. 2.00

    Lacs

    Rs. 5000/-

    +

    Rs. 1000/-

    17.08.2017 at

    2.00 PM

    08.09.2017

    at 3.00 PM

    08.09.2017

    at 4.00 PM

    1. The Tender Documents fee and E-Service will be paid online. The tender fee for the Haryana

    based Small and Micro Enterprises (including Khadi & Village Industries) will be Rs. 1,000/- (

    rupees one thousand only) subject to the condition that the concerned Enterprise participate

    directly in the tender and not through any intermediaries i.e. their dealers/ agents and distributors

    etc.

    2. Part-I of the E-Tenders against the above NIT will be opened in the office of the Director General,

    HAREDA, Sector-17, Panchkula (Haryana) as per schedule given above.

    3. The tender documents having detailed terms and conditions can be downloaded from the website

    https://haryanaeprocurement.gov.in or from www.hareda.gov.in from the date as mentioned above.

    The E-Tenders shall be received through website only. All interested bidders are requested to get

    themselves registered as vendors with the said website for submitting their bids. For any

    assistance, please contact, Toll free no. 1800-180-2097 of M/s Nextenders (India) Pvt. Ltd.

    4. Only those tenders shall be considered who deposit the earnest money and tender cost &

    transaction fee by due date.

    5. Corrigendum, if any would be published online on the website, www.hareda.gov.in.

    Director General,

    New & Renewable Energy Department/HAREDA

    http://www.hareda.gov.in/

  • Page 9 of 74

    BID INFORMATION SHEET

    The calendar of events for the tender is listed in the table below:-

    Tender Enquiry No. HAREDA/SPV/RESCO/2017-18

    Broad Scope of work Selection of Renewable Energy Service Companies (RESCOs) for

    Supply, Installation & Commissioning of Grid Connected Rooftop

    Solar Power Plants with Net metering facility

    Tentative capacity 4 MWp

    Document fees + e-Service

    fees

    Rs. 5000/- as Tender Document Fee

    (as applicable)

    +

    Rs. 1000/- as e-tender fee

    EMD Rs.2,00,000/-(Rs. Two Lakhs Only)

    Start Date & Time of

    online Bid Preparation &

    Bid Submission

    17.08.2017 from 14:00 Hrs

    Expiry Date & Time for

    Bid Preparation, Uploading

    & Submission of tenders

    online

    08.09.2017 at 15.00 Hrs.

    Bid Opening

    (Technical Bids)

    08.09.2017 at 16.00 hours at HAREDA office, Akshay Urja

    Bhawan, Sector-17, Panchkula (Haryana) in the presence of the

    bidder who wish to be present.

    Bid Opening

    (Financial Bids)

    Date, time and venue for Financial bid opening shall be

    communicated to Technically Qualified Bidder through e-mail.

  • Page 10 of 74

    INSTRUCTIONS TO BIDDER ON ELECTRONIC TENDERING SYSTEM

    These conditions will over-rule the conditions stated in the tender documents, wherever

    relevant and applicable.

    1. Registration of bidders on e-Procurement Portal:-

    All the bidders intending to participate in the tenders processed online are required to

    get registered on the centralized e-Procurement Portal i.e.

    https://haryanaeprocurement.gov.in. Please visit the website for more details.

    2. Obtaining a Digital Certificate:

    2.1 The Bids submitted online should be encrypted and signed electronically with a Digital

    Certificate to establish the identity of the bidder bidding online. These Digital

    Certificates are issued by an Approved Certifying Authority, by the Controller of

    Certifying Authorities, Government of India.

    2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicants

    PAN Card) and Address proofs and verification form duly attested by the Bank

    Manager / Post Master / Gazetted Officer. Only upon the receipt of the required

    documents, a digital certificate can be issued. For more details please visit the website

    https://haryanaeprocurement.gov.in.

    2.3 The bidders may obtain Class-II or III digital signature certificate from any Certifying

    Authority or Sub-certifying Authority authorized by the Controller of Certifying

    Authorities or may obtain information and application format and documents required

    for the issue of digital certificate from:

    M/s Nextenders (India) Pvt. Ltd.

    O/o. DS&D Haryana,

    SCO 09, IInd Floor,

    Sector 16,

    Panchkula 134108

    E - mail: [email protected]

    Help Desk: 1800-180-2097 (Toll Free Number)

    2.4 Bid for a particular tender must be submitted online using the digital certificate

    (Encryption & Signing), which is used to encrypt and sign the data during of bid

    preparation stage. In case, during the process of a particular tender, the user loses his

    digital certificate (due to virus attack, hardware problem, operating system or any

    other problem) he will not be able to submit the bid online. Hence, the users are

    advised to keep certificate at safe place under proper security (for its use in case of

    emergencies).

    2.5 In case of online tendering, if the digital certificate issued to the authorized user of a

    firm is used for signing and submitting a bid, it will be considered equivalent to a no-

    objection certificate/power of attorney /lawful authorization to that User. The firm has

    to authorize a specific individual through an authorization certificate signed by all

    partners to use the digital certificate as per Indian Information Technology Act 2000.

    https://haryanaeprocurement.gov.in/https://haryanaeprocurement.gov.in/mailto:[email protected]

  • Page 11 of 74

    Unless the certificates are revoked, it will be assumed to represent adequate authority

    of the user to bid on behalf of the firm in the department tenders as per Information

    Technology Act 2000. The digital signature of this authorized user will be binding on

    the firm.

    2.6 In case of any change in the authorization, it shall be the responsibility of management

    / partners of the firm to inform the certifying authority about the change and to obtain

    the digital signatures of the new person / user on behalf of the firm / company. The

    procedure for application of a digital certificate however will remain the same for the

    new user.

    2.7 The same procedure holds true for the authorized users in a private/Public limited

    company. In this case, the authorization certificate will have to be signed by the

    directors of the company.

    3 Opening of an Electronic Payment Account:

    For purchasing the tender documents online, bidders are required to pay the tender

    documents fees online using the electronic payments gateway service shall be

    integrated with the system. For online payments guidelines, please refer to the Home

    page of the e-tendering Portal https://haryanaeprocurement.gov.in.

    4 Pre-requisites for online bidding:

    In order to bid online on the portal https://haryanaeprocurement.gov.in , the user

    machine must be updated with the latest Java & DC setup. The link for downloading

    latest java applet & DC setup are available on the Home page of the e-tendering Portal.

    5 Online Viewing of Detailed Notice Inviting Tenders:

    The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the

    tenders floated through the single portal eProcurement system on the Home Page at

    https://haryanaeprocurement.gov.in

    6 Download of Tender Documents:

    The tender documents can be downloaded free of cost from the e-Procurement portal

    https://haryanaeprocurement.gov.in

    7 Key Dates:

    The bidders are strictly advised to follow dates and times as indicated in the online

    Notice Inviting Tenders. The date and time shall be binding on all bidders. All online

    activities are time tracked and the system enforces time locks that ensure that no

    activity or transaction can take place outside the start and end dates and the time of the

    stage as defined in the online Notice Inviting Tenders.

    8 Bid Preparation (Technical & Financial) Online Payment of Tender Document

    Fee, eService fee, EMD fees of online Bids:

    8.1 The online payment for Tender document fee, eService Fee & EMD can be done using

    the secure electronic payment gateway. The Payment for Tender Document Fee and

    eService Fee can be made by eligible bidders/ contractors online directly through

    https://haryanaeprocurement.gov.in/https://haryanaeprocurement.gov.in/https://haryanaeprocurement.gov.in/https://haryanaeprocurement.gov.in/

  • Page 12 of 74

    Debit Card/ Credit Cards & Internet Banking Accounts and the Payment for EMD can

    be made online directly through RTGS / NEFT.

    The secure electronic payments gateway is an online interface between contractors

    and Debit Card/ Credit Card / online payment authorization networks.

    8.2 The bidders shall upload their technical offer containing documents, qualifying

    criteria, technical specification, schedule of deliveries, and all other terms and

    conditions except the rates (price bid).

    The bidders shall quote the prices in price bid format.

    NOTE:-

    (A) If bidder fails to complete the Online Bid Preparation & Submission stage on the

    stipulated date and time, his/hers bid will be considered as bid not submitted,

    and hence not appear during tender opening stage.

    (B) Bidders participating in online tenders shall check the validity of his/her Digital

    Signature Certificate before participating in the online Tenders at the portal

    https://haryanaeprocurement.gov.in.

    (C) For help manual please refer to the Home Page of the e-Procurement website at

    https://haryanaeprocurement.gov.in, and click on the available link How to .. ?

    to download the file.

    Guideline for Online Payments in e-tendering

    Post registration, bidder shall proceed for bidding by using both his digital certificates

    (one each for encryption and signing). Bidder shall proceed to select the tender he is

    interested in. On the respective Departments page in the e-tendering portal, the

    Bidder would have following options to make payment for tender document & EMD:

    A. Debit Card/ Credit Card

    B. Net Banking

    C. RTGS/NEFT

    Operative Procedures for Bidder Payments

    A) Debit Card/ Credit Card

    The procedure for paying through Debit Card/ Credit Card will be as follows.

    (i) Bidder selects Debit Card/ Credit Card option in e-Procurement portal.

    (ii) The e-Procurement portal displays the amount and the card charges to be paid by

    bidder. The portal also displays the total amount to be paid by the bidder.

    (iii) Bidder clicks on Continue button

    (iv) The e-Procurement portal takes the bidder to Debit Card/ Credit Card payment

    gateway screen.

    https://haryanaeprocurement.gov.in/https://haryanaeprocurement.gov.in/

  • Page 13 of 74

    (v) Bidder enters card credentials and confirms payment

    (vi) The gateway verifies the credentials and confirms with successful or failure

    message, which is confirmed back to e-Procurement portal.

    (vii) The page is automatically routed back to e-Procurement portal

    (viii) The status of the payment is displayed as successful in e-Procurement portal. The

    e-Procurement portal also generates a receipt for all successful transactions. The

    bidder can take a print out of the same,

    (ix) The e-Procurement portal allows Bidder to process another payment attempt in case

    payments are not successful for previous attempt.

    B) Net Banking

    The procedure for paying through Net Banking will be as follows.

    (i) Bidder selects Net Banking option in e-Procurement portal.

    (ii) The e-Procurement portal displays the amount to be paid by bidder.

    (iii) Bidder clicks on Continue button.

    (iv) The e-Procurement portal takes the bidder to Net Banking payment gateway screen

    displaying list of Banks

    (v) Bidder chooses his / her Bank

    (vi) The Net Banking gateway redirects Bidder to the Net Banking page of the selected

    Bank

    (vii) Bidder enters his account credentials and confirms payment

    (viii) The Bank verifies the credentials and confirms with successful or failure message

    to the Net Banking gateway which is confirmed back to e-Procurement portal.

    (ix) The page is automatically routed back to e-Procurement portal

    (x) The status of the payment is displayed as successful in e-Procurement portal.

    The e-Procurement portal also generates a receipt for all successful transactions. The

    bidder can take a print out of the same. (xi) The e-Procurement portal allows Bidder to

    process another payment attempt in case payments are not successful for previous

    attempt.

    C) RTGS/ NEFT

    The bidder shall have the option to make the EMD payment via RTGS/ NEFT. Using

    this module, bidder would be able to pay from their existing Bank account through

    RTGS/NEFT. This would offer a wide reach for more than 90,000 bank branches and

    would enable the bidder to make the payment from almost any bank branch across

    India.

    i. Bidder shall log into the client e-procurement portal using user id and password as per

    existing process and selects the RTGS/NEFT payment option.

  • Page 14 of 74

    ii. Upon doing so, the e-procurement portal shall generate a pre-filled challan. The

    challan will have all the details that is required by the bidder to make RTGS-NEFT

    payment.

    iii. Each challan shall therefore include the following details that will be pre-populated:

    Beneficiary account no: (unique alphanumeric code for e-tendering)

    Beneficiary IFSC Code:

    Amount:

    Beneficiary bank branch:

    Beneficiary name:

    iv. The Bidder shall be required to take a print of this challan and make the RTGS/ NEFT

    on the basis of the details printed on the challan.

    v. The bidder would remit the funds at least T + 1 day (Transaction + One day) in

    advance to the last day and make the payment via RTGS / NEFT to the beneficiary

    account number as mentioned in the challan.

    vi. Post making the payment, the bidder would login to the e-Tendering portal and go to

    the payment page. On clicking the RTGS / NEFT mode of payment, there would be a

    link for real time validation. On clicking the same, system would do auto validation of

    the payment made.

    List of Net banking banks

    1. Allahabad Bank

    2. Axis Bank

    3. Bank of Bahrain and Kuwait

    4. Bank of Baroda

    5. Bank of India

    6. Bank of Maharashtra

    7. Canara Bank

    8. City Union Bank

    9. Central Bank of India

    10. Catholic Syrian Bank

    11. Corporation Bank

    12. Deutsche Bank

    13. Development Credit Bank

    14. Dhanlaxmi Bank

    15. Federal Bank

    16. HDFC Bank

    17. ICICI Bank

    18. IDBI Bank

    19. Indian Bank

    20. Indian Overseas Bank

    21. Indusind Bank

    22. ING Vysya Bank 23. J and K Bank

  • Page 15 of 74

    23. Karnataka Bank

    24. Kotak Mahindra Bank

    25. Karur Vysys Bank

    26. Punjab National Bank

    27. Oriental Bank of Commerce

    28. South Indian Bank

    29. Standard Chartered Bank

    30. State Bank Of Bikaner and Jaipur

    31. State Bank of Hyderabad

    32. State Bank of India

    33. State Bank of Mysore

    34. State Bank of Travencore

    35. State Bank Of Patiala

    36. Tamilnad Mercantile Bank

    37. Union Bank of India

    38. United Bank of India

    39. Vijaya Bank

    40. Yes Bank:

  • Page 16 of 74

    SECTION - II

    BID DETAILS AND GENERAL INSTRUCTIONS TO THE BIDDERS

    1. INTRODUCTION

    1.1 MNRE launched a scheme for promotion of grid-connected roof top (GCRT) solar

    power projects and HAREDA has been designated as State Nodal Agency (SNA) /

    implementing agency for this scheme in the State of Haryana. This bid with aggregate

    capacity of approx. 4 MWp in various districts across the State envisages installation

    & commissioning of grid-connected roof top solar PV projects on the roofs of Govt.

    Buildings. The generated solar power will be utilized for captive consumption under

    RESCO mode under the Net Metering Regulations notified by the Haryana Electricity

    Regularity Commission (HERC) vide notification no. HERC/31/2014 dated 25th

    November, 2014 & latest amendment thereof. The scheme aims to reduce the fossil

    fuel based electricity and make building self-sustainable from the point of electricity

    consumption, to the extent possible.

    1.2 Under RESCO Mode, the entire system is owned by the developer. Responsibility of

    O&M for the system lifetime (25 years) is also with the developer. Rooftop owners

    may consume the electricity generated, Excess generation may be exported to the grid

    under net metering facility. The rooftop owner has to pay a pre-decided tariff on a

    monthly basis for the energy generated from the solar power plant.

    1.3 On behalf of State Govt., HAREDA, which expression shall also include its successors

    and permitted assigns, hereby invites interested companies to participate in the bidding

    process for the selection of Successful Bidder(s) for implementation of large scale

    Grid-Connected Rooftop Solar Photovoltaic Projects under this scheme in various

    Govt. buildings in the State.

    1.4 The Bidder is advised to read carefully all instructions and conditions appearing in this

    document and understand them fully. All information and documents required as per

    the bid document must be furnished. Failure to provide the information and / or

    documents as required may render the bid technically unacceptable.

    1.5 The bidder shall be deemed to have examined the bid document, to have obtained his

    own information in all matters whatsoever that might affect the carrying out the works

    in line with the scope of work specified elsewhere in the document at the offered rates

    and to have satisfied himself to the sufficiency of his bid. The bidder shall be deemed

    to know the scope, nature and magnitude of the works and requirement of materials,

    equipment, tools and labour involved, wage structures and as to what all works he has

    to complete in accordance with the bid documents irrespective of any defects,

    omissions or errors that may be found in the bid documents.

  • Page 17 of 74

    2. BID DETAILS:

    The bidding process under the rooftop scheme is for tentative 4 MWp capacity under

    RESCO model. Bidder shall submit bids for minimum capacity of 2 MW. Bid with

    capacity less than 50% of tendered capacity shall be rejected.

    a) Bids for RESCO Model:

    Bids are invited from the prospective bidders for the tentative Tendered Capacity of 4

    MWp. Bidders will be required to furnish levellized tariff for 25 years starting from

    the date of commissioning of the Project. Capacity will be allocated based on the

    lowest levellized tariff. All the projects have been divided in following two

    categories:

    Category Capacity Range

    1st 40 kWp -100 kWp

    2nd

    101 kWp to 750 kWp

    b) SIZE OF THE PROJECTS:

    i. The size of each project shall be in the range from 40 Kwp to up to 750 kWp.

    One project shall installed in one campus only. Each roof top power plant can

    separately connected with the grid and may have separate solar generation

    meters.

    ii. The site wise details along with the capacity of the GCRT Solar Power Plants is

    given in Annxure-I. However, more projects may be allotted in addition of this

    capacity during the currency of this contract, if demand arises.

    3. INSTRUCTIONS TO THE BIDDER:

    iii. Bidder must meet the eligibility criteria independently as a company.

    Consortium of Companies is not allowed in any form. Bidder will be declared as

    a Technically Qualified Bidder based on meeting the eligibility criteria and as

    demonstrated based on documentary evidence submitted by the Bidder in the

    Bid.

    iv. Bid Document can also be viewed from Nodal Agencys (HAREDA) website

    www.hareda.gov.in or https://haryanaeprocurement.gov.in.

    v. The Bidders shall have to submit their bid and other required relevant

    documents/ certificates, if any; online only as per time schedule (Key dates). Bid

    other than online will not be accepted by the Nodal Agency.

    http://www.hareda.gov.in/https://haryanaeprocurement.gov.in/

  • Page 18 of 74

    4. ELIGIBILITY CRITERIA FOR THE BIDDER:

    a) TECHNICAL ELIGIBILITY CRITERIA:

    i. The Bidder should be System Integrator, Project Developer, RESCO Company or

    a body incorporated in India under the Companies Act, 1956 or 2013 including

    any amendment thereto or proprietary/partnership firm. A copy of certificate of

    incorporation shall be furnished along with the bid in support of above and shall

    be engaged in the business of Solar Power for minimum three years..

    ii. The minimum capacity to be quoted by the bidder must be at least 50% of the

    tendered capacity. If offer quoted capacity by bidder is less that 50% of the

    tendered capacity, the bid will not be considered and it will not be further

    evaluated.

    iii. Bidder should be A Category Channel Partner of MNRE under Grid Connected

    Power Plant Programme as on the last date of submission of tender. The

    certificate of channel partner certificate shall be the valid as on last quarter i.e.

    30.06.2017. However, if certificate expired after 30.06.2017, then firm shall

    submit a proof of being applied for renew of the same. Certificate issued by

    MNRE, GOI, shall be uploaded. The firm shall not be de-empanelled or placed in

    the negative list by MNRE as on the last date of submission of the tender.

    iv. PV modules must be tested and approved by one of the IEC authorized test

    centres while the PCU/ inverters should be tested from the MNRE approved test

    centres/ NABL/ BIS/ IEC accredited/authorised testing-calibration laboratories. In

    case of imported inverters, these should be approved by international test houses

    or by MNRE approved labs.

    v. Test Certificates for components (Solar PV Module & Inverter) is to be provided.

    vi. Test Certificate(s) should have been issued on or after 01.04.2013.

    vii. Bidder should have not been debarred/blacklisted by any Govt. Deptts /

    organization/ PSUs / institutions/ agencies/ autonomous Organizations. If any

    bidder provides false information regarding debarred / blacklisted or conceals the

    facts in this regard, Nodal agency reserves the right to forfeit both EMD &

    Performance Bank Guarantee of the bidder.

    viii. The Bidder should have valid GST & TIN registration certificate. A copy of

    which should be enclosed.

    ix. If awarded contract, bidder will need to establish at least one Service Centre

    in the state of Haryana within one month of date of empanellment.

    However, Haryana based new entrepreneur/s registered with competent Govt.

    authority engaged in the business of Solar Power will also be eligible to participate in

    the bid.

    A copy of certificate of incorporation/ registration shall be furnished along with

    the bid in support of above.

  • Page 19 of 74

    Note: Bid should be accompanied with certificate for module qualification from

    IEC/MNRE accredited/authorised Test lab to be submitted as part of the bid offer.

    However, the bidders are allowed to submit duly signed (name of signatory,

    designation, name of testing centre and date of receipt) acknowledgement receipt of the

    IEC/ MNRE accredited / authorised test centre of the sample of the system/ product

    with the bid subject to condition that they have to submit the test report of the system/

    product from the same test centre before opening of the Financial Bid or such

    communication notified to the bidder/s in written by the HAREDA failing which their

    bid will out rightly be rejected and correspondence in the matter will not be

    entertained.

    (Document to be uploaded: Relevant document supporting the claim, Test report of

    the component manufactured, test reports of rest of the major component)

    b) EXPERIENCE AND PAST PERFORMANCE:

    Bidder should have successfully completed Supply, Installation & Commissioning of

    Grid Connected Rooftop Solar Power Plants under RESCO model of minimum

    capacity of 100 kWp single project or shall have supplied & commissioned 1000

    kWp (Cumulative capacity) grid connected solar power plants during last two years,

    which should have been commissioned at least one months prior to date of issue of

    this tender, for any State / Centre Govt. Agency / Department/ Organization/

    autonomous body/ private sector verified by SNA. The list of project commissioned

    along with the JCRs issued by State Nodal Agencies shall be uploaded along with the

    bid.

    (Document to be uploaded: Relevant document supporting the claim.)

    c) FINANCIAL ELIGIBILITY CRITERIA:

    i. The bidder should have minimum average annual turnover Rs. 6 Crores in the last

    three years, ending 31st March of the previous Financial Year. (for year 2016-17,

    provisional balance sheet shall also be considered).

    ii. The bidder should have positive net worth in the last three years, ending 31st

    March of the previous Financial Year.

    (Document to be uploaded: Relevant document supporting the claim.)

    5. BID SUBMISSION BY THE BIDDER

    i. The information and/or documents shall be submitted by the Bidder as per the

    formats specified in this document.

    ii. Strict adherence to the formats wherever specified, is required. Wherever,

    information has been sought in specified formats, the Bidder shall refrain from

    referring to brochures/pamphlets. Non-adherence to formats and / or submission

  • Page 20 of 74

    of incomplete information may be a ground for declaring the Bid as non-

    responsive and liable for rejection without any communication in that regard.

    Each format has to be duly signed and stamped by the authorized signatory of the

    Bidder.

    6. BID DOCUMENTS:

    (a) TECHNICAL BID (PART-I) - The Bid in response to this e-tender shall be

    submitted by the Bidder strictly in the manner provided in the Bidding Document in

    PERFORMA-I along with all required relevant documents.

    (b) FINANCIAL BID (PART-II) Financial Bid shall be furnished & submitted in the

    PERFORMA-II of the bidding document.

    Note: Bidder shall submit their Technical bid and Financial Bid online only. All

    documents related to technical evaluation, technical eligibility, Experience & Past

    Performance criteria etc. shall be uploaded in technical/first folder online, only

    Performa II, price bid part, shall be uploaded in price bid folder.

    7. EARNEST MONEY DEPOSIT & TENDER FEE

    a) Earnest Money Deposit

    (i) The Payment for EMD Rs.2,00,000/- can be made online directly through Internet

    Banking/Debit Card/Credit Card and the bidder would remit the funds at least T+1

    day (Transaction + one day) in advance to the last day of the online bid submission

    and make the payment to the beneficiary account number as mentioned in the Challan.

    (ii) Offers without EMD (wherever required) shall be out rightly rejected.

    (iii) Central or Haryana Public Sector Enterprises, eligible MSEs of Haryana and

    approved sources as declared by the Department of Industries & Commerce,

    Haryana, would be exempted from the deposit of EMD. These Central or Haryana

    Public Sector Enterprises and approved source as declared by the Industries

    Department, Haryana shall submit proof issued by the competent Govt. authority for

    exemption of EMD. EMD is also exempted for the bidders covered under the policy

    guidelines issued by Industries & commerce Department, Haryana vide GO No.

    2/2/2010-41B-II of dated 20.10.2016.

    (iv) The EMD of unsuccessful bidders shall be returned within 30 days from the date of

    issue of Letter of Allocation(s) after finalization of the tender. No separate request

    will be required as the EMD shall be refunded online through e-procurement portal.

    EMD of Successful bidder shall be released after the receipt of PBG in the format

    prescribed by HAREDA and after the receipt of confirmation of their PBGs from

    their respective banker.

    (v) EMD shall be forfeited without prejudice to the Bidder being liable for any further

    consequential loss or damage incurred to HAREDA under following circumstances:

    a. Hundred percent (100%) , if a Bidder withdraws/revokes or cancels or

  • Page 21 of 74

    unilaterally varies his bid in any manner during the period of Bid Validity

    specified in the RFS document .

    b. Hundred percent (100%), if the Successful Bidder fails to unconditionally

    accept the Allocation letter within 15 days from the date of its issue.

    c. Hundred percent (100%), if the Successful Bidder fails to furnish the

    Performance Security.

    (B) Tender Fee + e-Service fee (Non-refundable):

    Amount of Tender fee (Non-refundable), to be obtained from all the bidders except in

    the case of Haryana based eligible MSEs (as per instructions of DGS&D dated

    20.10.2016): Rs. 5000/-

    Besides, the above Tender Fee, all the bidders, including MSEs, are required to pay

    additional e-Service Fee of Rs. 1000/- (Rupees one thousand only), (Non-refundable),

    also online directly through Debit Cards/Credit Cards OR Internet Banking Accounts.

    8. PERFORMANCE SECURITY/PERFORMANCE BANK GUARANTEE (PBG)

    i. Within 30 days from the date of commissioning of the respective project,

    Successful Bidder shall furnish the Performance Security @ Rs 2,000/- per kWp

    of plant capacity. The Performance Security shall be denominated in Indian

    Rupees and shall be in the form of a demand draft or a bank guarantee from the

    nationalized bank.

    ii. The PBG shall be forfeited as follows without prejudice to the Bidder being liable

    for any further consequential loss or damage incurred to HAREDA.

    a. If the Successful Bidder is not able to commission the projects within the

    specified (or extended) time period to the satisfaction of HAREDA, PBG

    amount, pro-rata to the capacity not commissioned by the Successful Bidder.

    However, Hundred percent (100%) PBG amount furnished for the

    Sanctioned Capacity, if the Successful Bidder fails to Commission the

    Projects(s) to the satisfaction of HAREDA, for the already identified

    locations, which are notified by HAREDA in the RFS or otherwise and for

    which allocation letter/sanction letter has been issued.

    b. In all the above cases corresponding unidentified/non-commissioned capacity

    shall stand cancelled.

    iii. The Performance Security shall be valid for a minimum period of 2 years from

    the date of its issue and shall be released after one year from the date of

    commissioning of the project.

    9. CLARIFICATIONS AND PRE-BID MEETING

    The HAREDA will not enter into any correspondence with the Bidders, except to

    furnish clarifications on Bid Documents, if necessary. The Bidders may seek

  • Page 22 of 74

    clarifications or suggest amendments to Bid document in writing, through a letter

    or by fax (and also soft copy by e-mail) to reach HAREDA within 10 days of issue

    tender. No query will be entertained after this period.

    10. AMENDMENTS TO BID DOCUMENT BY HAREDA.

    i. At any time prior to the deadline for submission of Bids, the HAREDA may, for

    any reason, whether at its own initiative or in response to a clarification requested

    by a prospective Bidder, modify the bid document by issuing clarification(s)

    and/or amendment(s).

    ii. The clarification(s) / amendment(s) (if any) may be notified on HAREDA

    website e procurement portal of Haryana www.hareda.gov.in at least Two (2)

    days before the proposed date of submission of the Bid. If any amendment is

    required to be notified within Two (2) days of the proposed date of submission of

    the Bid, the Bid Deadline may be extended for a suitable period of time.

    iii. HAREDA will not bear any responsibility or liability arising out of non-receipt of

    the information regarding Amendments in time or otherwise. Bidders must check

    the website for any such amendment before submitting their Bid.

    iv. All the notices related to this Bid which are required to be publicized shall be

    uploaded on www.hareda.gov.in.

    11. BIDDING PROCESS

    The Bid in response to this RFS shall be submitted by the Bidders in the manner

    provided in the DNIT. The Bid shall comprise of the following:

    a) TECHNO-COMMERCIAL BID DOCUMENTS

    i. Letter as per prescribed Format.

    ii. Tender Fee information

    iii. EMD information

    iv. Original power of attorney issued by the Bidding Company in favor of the

    authorized person signing the Bid, in the form attached hereto as Format-6 or

    standard power of attorney in favor of authorized person signing the Bid.

    (Power of Attorney must be supplemented by Board Resolution to above effect

    for the company incorporated under Company Act 1956 or Company Act-

    2013). However, Employer may accept general Power of Attorney executed in

    favor of Authorized signatory of the Bidder, if it shall conclusively establish that

    the signatory has been authorized by the Board of Directors to execute all

  • Page 23 of 74

    documents on behalf of the Bidding Company

    iii. Certificate of Incorporation of Bidding company.

    iv. General particulars of bidders as per Format

    v. Document in support of meeting Eligibility Criteria.

    vi. Details for meeting Financial Eligibility Criteria.

    b) PRICE BID(S) AS PER SECTION-IV

    i. Bidder shall inter-alia take into account the following while preparing and

    submitting the Price Bid duly signed by an authorized signatory.

    ii. Bidder shall submit Price Bid online in the prescribed Format, in the Price Bid

    folder only.

    c) BID DUE DATE

    The Bidder should submit the on line Bids on or before due date as per the bid

    information sheet.

    d) VALIDITY OF BID

    i. The bid and the Price Schedule included shall remain valid for a period of 12

    months from the date of techno-commercial bid opening, with bidder having no

    right to withdraw, revoke or cancel his offer or unilaterally vary the offer

    submitted or any terms thereof. In case of the bidder revoking or cancelling his

    offer or varying any term & conditions in regard thereof or not accepting letter of

    allocation, HAREDA shall forfeit the EMD furnished by him. Confirmation

    regarding the Bid offer validity shall be clearly mentioned in the covering letter.

    ii. In exceptional circumstances when letter of allocation is not issued, the HAREDA

    may solicit the Bidder's consent to an extension of the period of validity. The

    request and the responses thereto shall be made in writing. A Bidder may refuse

    the request without forfeiting its EMD. A Bidder granting the request will neither

    be required nor permitted to modify its Bid in any manner.

    e) METHOD OF BID SUBMISSION

    i. Only e-Bid, online on e-procurement portal, https://haryanaeprocurement.gov.in,

    will be accepted as per Bid Deadline. Bids submitted by telex/telegram/fax/e-mail

    shall not be considered under any circumstances. HAREDA shall not be responsible

    for any delay in receipt of the Bid. Any Bid / processing fee/ EMD received after the

    Bid Deadline will automatic rejected. It should be noted that except Envelope II (Price

    bid Envelop), no other envelope shall contain any information/document relating to

    Price Bid. HAREDA shall not be responsible for premature opening of the Price Bids

    in case of non-compliance of above.

    https://haryanaeprocurement.gov.in/

  • Page 24 of 74

    ii. All pages of the Bid must be signed by the authorized signatory on behalf of the

    Bidder. It is clarified that the same authorized signatory shall sign all pages of the Bid.

    However, any published document submitted with the Bid shall be signed by the

    authorized signatory at least on the first and last page of such document. No change or

    supplemental information to a Bid will be accepted after the Bid Deadline, unless the

    same is requested for by HAREDA.

    iii. The Bid must be complete in all technical and commercial respect and should contain

    requisite certificates, informative literature etc. as required in the Bid document. Bids

    with any type of change or modification in any of the terms/ conditions of this

    document shall be rejected. If necessary, additional papers may be attached by the

    Bidder to furnish/ submit the required information. Any term / condition proposed by

    the Bidder in his bid which is not in accordance with the terms and conditions of the

    RFS document or any financial conditions, payment terms, rebates etc. mentioned in

    Price Bid shall be considered as a conditional Bid and will make the Bid invalid.

    f) COST OF BIDDING

    i. The bidder shall bear all the costs associated with the preparation and submission

    of his offer. The Bidder shall not be entitled to claim any costs, charges and

    expenses of and incidental to or incurred by him through or in connection with

    submission of bid even though HAREDA may elect to modify / withdraw the

    invitation of Bid.

    ii. Tender fee of Rs. 5000/- + Rs. 1000/- ( e-service charges) will be furnished by the

    Bidder online.

    However, the tender fee for the Haryana based Small and Micro Enterprises (

    including Khadi & Village Industries) will be Rs. 1,000/- ( rupees one thousand

    only) subject to the condition that the concerned Enterprise participate directly in

    the tender and not through any intermediaries i.e. their dealers/ agents and

    distributors etc.

    g) OPENING OF BIDS

    i. Envelope-I, Technical Bid, of the Bidders shall be opened on the date & time at

    the given venue as per bid information sheet, in the presence of one representative

    from each of the Bidders who wish to be present.

    ii. The date of opening of the Financial bid shall be communicated to the bidders

    lateron through email.

    iii. Name of the Bidder, price details of the EMD and capacity offered for different

    projects of India shall be read out to all the Bidders at the time of opening of

    Envelope-I and Envelope-II (price Bid).

    h) RIGHT TO WITHDRAW THE RFS AND TO REJECT ANY BID

    i. This RFS may be withdrawn or cancelled by the HAREDA at any time without

  • Page 25 of 74

    assigning any reasons thereof. The HAREDA further reserves the right, at its

    complete discretion, to reject any or all of the Bids without assigning any reasons

    whatsoever and without incurring any liability on any account.

    ii. The HAREDA reserve the right to interpret the Bid submitted by the Bidder in

    accordance with the provisions of the RFS and make its own judgment regarding

    the interpretation of the same. In this regard the HAREDA shall have no liability

    towards any Bidder and no Bidder shall have any recourse to the HAREDA with

    respect to the selection process. HAREDA shall evaluate the Bids using the

    evaluation process specified in Section -I, at its sole discretion. HAREDA

    decision in this regard shall be final and binding on the Bidders.

    iii. HAREDA reserves its right to vary, modify, revise, amend or change any of the

    terms and conditions of the Bid before submission. The decision regarding

    acceptance of bid by HAREDA will be full and final.

    i) ZERO DEVIATION

    This is a ZERO Deviation Bidding Process. Bidder is to ensure compliance of all

    provisions of the Bid Document and submit their Bid accordingly. Tenders with

    any deviation to the bid conditions shall be liable for rejection.

    j) EXAMINATION OF BID DOCUMENT

    i. The Bidder is required to carefully examine the Technical Specification, terms

    and Conditions and other details relating to supplies as given in the Bid

    Document.

    ii. The Bidder shall be deemed to have examined the bid document including the

    agreement/contract, to have obtained information on all matters whatsoever that

    might affect to execute the project activity and to have satisfied himself as to the

    adequacy of his bid. The bidder shall be deemed to have known the scope, nature

    and magnitude of the supplies and the requirements of material and labour

    involved etc. and as to all supplies he has to complete in accordance with the Bid

    document.

    iii. Bidder is advised to submit the bid on the basis of conditions stipulated in the

    iv. Bid Document. Bidders standard terms and conditions if any will not be

    considered. The cancellation / alteration / amendment / modification in Bid

    documents by the bidder shall not be accepted by HAREDA.

    v. Bid not submitted as per the instructions to bidders is liable to be rejected. Bid

    shall confirm in all respects with requirements and conditions referred in this bid

    document.

    12. GENERAL CONDITIONS OF CONTRACT (GCC)

    a) SCOPE OF WORK

    The scope of work for the bidder is to supply solar power to the user

    department/organization by erection/installation & commissioning of the grid

  • Page 26 of 74

    connected rooftop solar PV project of prescribed capacity at a given site with net

    metering facility including operation and maintenance (O&M) of the project for a

    period of 25 years after commissioning with its own cost under RESCO mode.

    Obtaining No Objection Certificate (NOC) from Distribution Company

    (DISCOM) for grid connectivity is in the scope of the bidder. The installation of

    Solar Generation meter & bi-directional meter( along with CT/PT if required) is

    also in the scope of the bidder.

    b) LEVELLIZED TARIFF

    i. The Levellized Tariff of 25 years shall include all the costs related to above Scope

    of Work. Bidder shall quote for the entire facilities on a single responsibility

    basis such that the total Bid Price covers all the obligations mentioned in the

    Bidding Documents in respect of Design, Supply, Erection, Testing and

    Commissioning including Warranty, Operation & Maintenance for a period of 25

    years, goods and services including spares required if any during O&M period.

    The Bidder has to take all permits, approvals and licenses, Insurance etc..

    ii. The Levellized tariff for 25 years shall remain firm and fixed and shall be binding

    on the Successful Bidder till completion of work. No escalation will be granted

    for any reason whatsoever. The bidder shall not be entitled to claim any additional

    charges, even though it may be necessary to extend the completion period for any

    reasons whatsoever.

    iii. The Levellized tariff for 25 years shall be inclusive of all duties and taxes,

    insurance etc. The prices quoted by the firm shall be complete in all respect and

    no price variation /adjustment shall be payable

    iv. The operation & maintenance of Solar Photovoltaic Power Plant would include

    wear, tear, overhauling, machine breakdown, insurance, and replacement of

    defective modules, invertors, spares, consumables & other parts for a period of 25

    years.

    v. The Levellized tariff for 25 years shall be specified in sanction letter based on

    Successful Bidders quote @ Rs/kWh for each project.

    vi. The Bidder shall complete the Price Bid (Format-B) for different categories of

    projects as under:

    Category Capacity Range

    1st 40 kWp -100 kWp

    2nd

    101 kWp to 750 kWp

    vii. After completion of 25 years, the plant shall be handed over to the user

    department in operational condition with the power output as per MNRE

    specifications (i.e. minimum 80% power output of the modules at the end of 25th

    year) without any charges.

  • Page 27 of 74

    c) HAREDA SERVICE CHARGES

    HAREDA service charges are for site visits, inspection; liaison, monitoring etc.

    Taxes and duties shall be paid extra. The HAREDA one time service charges @

    Rs. 2500/- - per Kwp capacity of the project will be as non-refundable and

    for each project the service charges has to be paid within 30 days from date of

    issuance of Allotment letter by HAREDA. Further, any delay beyond 30 days

    shall attract interest @ 12 % per month of the amount not paid, calculated on day

    to day basis till the full payment including interest is paid. HAREDA has the right

    to recover / adjust any unpaid HAREDA service charges including interest from

    the 1st installment of due amount to the Successful Bidder. HAREDA at its sole

    discretion may cancel the Sanctioned capacity and forfeit 100% of Performance

    Security in case HAREDA service charges are not paid within 60 days of issue of

    Sanction Letter.

    d) INSURANCE

    i. The Bidder shall be responsible and take an Insurance Policy for transit-cum-

    storage-cum-erection for all the materials to cover all risks and liabilities for

    supply of materials on site basis, storage of materials at site, erection, testing and

    commissioning. The bidder shall also take appropriate insurance during O&M

    period, if required.

    ii. The Bidder shall also take insurance for Third Party Liability covering loss of

    human life of engineers and workmen and also covering the risks of damage to

    the third party/material/equipment/properties during execution of the projects.

    Before commencement of the work, the Bidder will ensure that all its employees

    and representatives are covered by suitable insurance against any damage, loss,

    injury or death arising out of the execution of the work or in carrying out the

    Contract. Liquidation, Death, Bankruptcy etc., shall be the responsibility of

    bidder.

    e) WARRANTEES AND GUARANTEES

    The Bidder shall warrant that the goods supplied under this contract are new,

    unused, of the most recent or latest technology and incorporate all recent

    improvements in design and materials. The bidder shall provide warrantee covering

    the rectification of any and all defects in the design of equipment, materials and

    workmanship including spare parts for a period of 25 years from the date of

    commissioning. The responsibility of operation of Warrantee and Guarantee

    clauses and Claims/ Settlement of issues arising out of said clauses shall be joint

    responsibility of the Successful bidder and the user department. HAREDA will not

    be responsible in any way for any claims whatsoever on account of the above.

    f) TYPE AND QUALITY OF MATERIALS AND WORKMANSHIP

    i. The design, engineering, supply, installation, testing and performance of the

    equipment shall be in accordance with latest appropriate IEC/Indian Standards as

    per Technical specifications of the bid document. Where appropriate Indian

  • Page 28 of 74

    Standards and Codes are not available, other suitable standards and codes as

    approved by the MNRE shall be used.

    ii. The specifications of the components should meet the technical specifications

    mentioned in Section III.

    iii. Any supplies which have not been specifically mentioned in this Contract but

    which are necessary for the design, engineering, manufacture, supply &

    performance or completeness of the project shall be provided by the Bidder

    without any extra cost and within the time schedule for efficient and smooth

    operation and maintenance of the SPV plant.

    g) OPERATION & MAINTENANCE (O&M)

    The bidder shall be responsible for operation and maintenance of the Roof top

    Solar PV system for a period of 25 years for this model projects, during which

    HAREDA will monitor the project for effective performance in line with

    conditions specified elsewhere in the bid document. During this period, the bidder

    shall be responsible for supply of all spare parts as required from time to time for

    scheduled and preventive maintenance, major overhauling of the plant,

    replacement of defective modules, inverters etc. and maintaining log sheets for

    operation detail, deployment of staff for continuous operations & maintenance

    and qualified engineer for supervision of O&M work, complaint logging & its

    attending.

    h) METERING AND GRID CONNECTIVITY

    Metering and grid connectivity of the roof top solar PV system under this scheme

    would be the responsibility of the Bidder in accordance with the prevailing

    guidelines of the concerned DISCOM and / or CEA (if available by the time of

    implementation). HAREDA/SNA could facilitate connectivity; however the

    entire responsibility lies with bidder only.

    i) PLANT PERFORMANCE EVALUATION/ PROGRESS REPORT

    i. The successful bidder shall be required to meet minimum guaranteed generation

    with Performance Ratio (PR) at the time of commissioning and related Capacity

    Utilization Factor (CUF) as per the GHI levels of the location during the O&M

    period. PR should be shown minimum of 75% at the time of inspection for initial

    commissioning acceptance . Minimum CUF of 15% should be maintained for a

    period of 5 years for fulfilling one of the conditions for release of PBG. The

    bidder should send the periodic plant output details to HAREDA for ensuring the

    CUF. The PR will be measured at Inverter output level during peak radiation

    conditions.

    ii. The bidder shall ensure to annually production of minimum 1400 kWh per kWp

    capacity in the first year with the permission of permissible degradation as per

    MNRE specifications/guidelines.

    iii. The bidder will not be allowed to put extra modules than that of the plant

    capacity. However, maximum 3% variation may be allowed on higher side.

  • Page 29 of 74

    iv. Remote monitoring system shall be installed with the SPV power plant with an

    access to HAREDA. The RMS shall be kept operational for the life of the project

    i.e. 25 years form the date of commissioning.

    v. The bidder shall submit the progress report monthly to HAREDA & user

    department in Prescribed Performa. HAREDA & user Department will have the

    right to depute his/their representatives to ascertain the progress of contract at the

    premises of works of the bidder.

    j) PROJECT INSPECTION.

    i. The project progress will be monitored by HAREDA & user department and the

    projects will be inspected for quality at any time during commissioning or after

    the completion of the project either by officer(s) from HAREDA/ user department

    or any authorized agency/ experts.

    ii. HAREDA may depute a technical person(s) from its list of empanelled experts or

    its officer(s) for inspection, third party verification, monitoring of system

    installed to oversee, the implementation as per required standards and also to visit

    the manufactures facilities to check the quality of products as well as to visit the

    system integrators to assess their technical capabilities as and when required.

    k) APPLICABLE LAW

    The Contract shall be interpreted in accordance with the laws of the Union of

    India & the Government of Haryana.

    l) SETTLEMENT OF DISPUTE / ARBITRATION

    If any question, dispute or difference what so ever shall arises between user

    department and the contractor, in the connection with this agreement except as

    to matters, the decisions for which have been specifically provided, either party

    may forthwith give to the other notice in writing of existence of such question,

    dispute or difference and the same shall be referred to the sole arbitration of the

    Director, user department or a person nominated by him. This reference shall be

    governed by the Indian Arbitration Act, and the rules made there under. The

    award in such arbitration shall be final and binding on both the parties. Work

    under the agreement shall be continuing during the arbitration proceedings

    unless the UserDepartment or the arbitrator directs otherwise

    m) FORCE MAJEURE

    i. Notwithstanding the provisions of clauses contained in this RFS document; the

    contractor shall not be liable to forfeit (a) PBG for delay and (b) termination of

    contract; if he is unable to fulfill his obligation under this contract due to force

    majeure conditions.

    ii. For purpose of this clause, "Force Majeure" means an event beyond the control of

    the contractor and not involving the contractor's fault or negligence and not

    foreseeable, either in its sovereign or contractual capacity. Such events may

    include but are not restricted to Acts of God, wars or revolutions, fires, floods,

    epidemics, quarantine restrictions and fright embargoes etc. Whether a Force

  • Page 30 of 74

    majeure situation exists or not, shall be decided by HAREDA/ user department

    and its decision shall be final and binding on the contractor and all other

    concerned.

    iii. In the event that the contractor is not able to perform his obligations under this

    contract on account of force majeure, he will be relieved of his obligations during

    the force majeure period. In the event that such force majeure extends beyond six

    months, HAREDA/ Owner has the right to terminate the contract in which case,

    the PBG shall be refunded to him.

    iv. If a force majeure situation arises, the contractor shall notify HAREDA & Owner

    in writing promptly, not later than 14 days from the date such situation arises. The

    contractor shall notify HAREDA & Owner not later than 3 days of cessation of

    force majeure conditions. After examining the cases, HAREDA & Owner shall

    decide and grant suitable additional time for the completion of the work, if

    required.

    n) LANGUAGE

    All documents, drawings, instructions, design data, calculations, operation,

    maintenance and safety manuals, reports, labels and any other date shall be in

    English Language. The contract agreement and all correspondence between the

    HAREDA & user and the bidder shall be in English language.

    o) OTHER CONDITIONS

    i. The Successful bidder shall not transfer, assign or sublet the work under this

    contract or any substantial part thereof to any other party without the prior

    consent of HAREDA & user in writing.

    ii. The Successful bidder or its subcontractors shall not display the photographs of

    the work and not take advantage through publicity of the work without written

    permission of user department.

    b. The Successful bidder or its subcontractors shall not make any other use of any of

    the documents or information of this contract, except for the purposes of

    performing the contract.

    c. HAREDA will not be bound by any Power of Attorney granted/ issued by the

    Successful bidder or its subcontractors or by any change in the composition of the

    firm made during or subsequent to the execution of the contract. However

    recognition to such Power of Attorney and change (if any) may be given by

    HAREDA after obtaining proper legal advice, the cost of which will be

    chargeable to the Successful bidder concerned.

    p) SUCCESSORS AND ASSIGNS:

    In case the HAREDA/ user department or Successful bidder may undergo any

    merger or amalgamation or a scheme of arrangement or similar re-organization

    & this contract is assigned to any entity (ies) partly or wholly, the contract shall

    be binding mutatis mutandis upon the successor entities & shall continue to

  • Page 31 of 74

    remain valid with respect to obligation of the successor entities.

    q) SEVERABILITY:

    It is stated that each paragraph, clause, sub-clause, schedule or annexure of this

    contract shall be deemed severable & in the event of the unenforceability of any

    paragraph, clause sub-clause, schedule or the remaining part of the paragraph,

    clause, sub-clause, schedule annexure & rest of the contract shall continue to be

    in full force & effect.

    r) RIGHTS & REMEDIES UNDER THE CONTRACT ONLY FOR THE

    PARTIES:

    This contract is not intended & shall not be construed to confer on any person

    other than the HAREDA & Successful bidder hereto, any rights and / or remedies

    herein.

    s) CORRESPONDENCE

    Bidder requiring any Techno-Commercial clarification of the bid documents may

    contact in writing or by Fax /E Mail.

    Director, HAREDA, Akshay Urja Bhawan, Institutional Plot No.-1, Sector-17,

    Panchkula

    Fax No.0172-2587833,2587233, E-mail: [email protected]

    Verbal clarifications and information given by the HAREDA or its employees or

    its Representatives shall not be in any way entertained.

  • Page 32 of 74

    SECTION-III

    1. EVALUATION CRITERIA

    i. BID EVALUATION

    The evaluation process comprises the following four steps:

    Step I - Responsiveness check of Techno Commercial Bid

    Step II - Evaluation of Bidders fulfillment of Eligibility Criteria as

    Step III - Evaluation of Price Bid

    Step IV - Successful Bidders(s) selection

    ii. RESPONSIVENESS CHECK OF TECHNO COMMERCIAL BID

    The Techno Commercial Bid submitted by Bidders shall be scrutinized to

    establish responsiveness to the requirements laid down in the RFS. Any of the

    following may cause the Bid to be considered Non-responsive, at the sole

    discretion of HAREDA:

    a. Bids that are incomplete, i.e. not accompanied by any of the applicable

    formats inter alia covering letter, power of attorney supported by a board

    resolution, Bid Bond, etc.;

    b. Bid not signed by authorized signatory and /or stamped in the manner

    indicated in this RFS;

    c. Material inconsistencies in the information /documents submitted by the

    Bidder, affecting the Eligibility Criteria;

    d. Information not submitted in the formats specified in this RFS;

    e. Bid being conditional in nature;

    f. Bid having Conflict of Interest;

    g. Bidder delaying in submission of additional information or clarifications

    sought by HAREDA as applicable;

    j. Bidder makes any misrepresentation.

    Each Bid shall be checked for compliance with the submission requirements set

    forth in this RFS before the evaluation of Bidders fulfillment of Eligibility

    Criteria is taken up. Relevant Clause shall be used to check whether each Bidder

    meets the stipulated requirement.

    iii. PRELIMINARY EXAMINATION

    i. The HAREDA will examine the Bids to determine whether they are complete,

    whether any computational errors have been made, whether required sureties

    have been furnished, whether the documents have been properly signed and

    stamped and whether the Bids are otherwise in order.

    ii. Arithmetical errors will be rectified on the following basis. If there is a

  • Page 33 of 74

    discrepancy between the unit price and the total Amount that is obtained by

    multiplying the unit price and quantity, the unit price shall prevail and the total

    amount shall be corrected. If there is a discrepancy between words and figures,

    the amount written in words will prevail.

    iv. EVALUATION OF BIDDERS FULFILMENT OF ELIGIBILITY CRITERIA

    Evaluation of Bidders Eligibility will be carried out based on the information

    furnished by the Bidder as per the prescribed Formats and related documentary

    evidence in support of meeting the Eligibility Criteria as specified in relevant

    Clause. Non-availability of information and related documentary evidence for the

    satisfaction of Eligibility Criteria may cause the Bid to be non-responsive.

    v. EVALUATION OF PRICE BID

    i. Price Bid (Envelope II) of the Qualified Bidders shall be opened in presence of

    the representatives of such Qualified Bidders, who wish to be present, on a date as

    may be intimated by HAREDA to the Bidders through HAREDA website

    www.hareda.gov.in or Email. The evaluation of Price Bid shall be carried out

    based on the information furnished in Envelope III (Price Bid). The Price Bid

    submitted by the Bidders shall be scrutinized to ensure conformity with the RFS.

    Any Bid not meeting any of the requirements of this RFS may cause the Bid to be

    considered Non-responsive at the sole decision of the HAREDA.

    ii. The levellized tariff shall be calculated up to two decimal places. However in case

    of a tie it may be expanded to break the tie.

    2. SUCCESSFUL BIDDER(S) SELECTION

    i. Levellised Tariff requirement quoted in all Price Bids of Qualified Bidders shall

    be ranked from the lowest to the highest.

    ii. Based on the price bid quoted by the bidders, HAREDA shall arrange the bids in

    the ascending order i.e. L1, L2, L3, _ _ _ (L1 being the lowest levellized tariff).

    iii. Lowest bidder will be declared as the successful bidder. For further allocation, the

    L2 bidder will be asked to match the price quoted by the L1 bidder. In case the L2

    bidder refuses to match the L1 price then L3 bidder shall be offered to match L1

    price. The process will continue till the next bidder matches the L1 price. The

    bidder who matches the L1 price will also be declared Successful bidder.

    iv. There shall be no negotiation on the quoted levellized tariff between the

    HAREDA and the Bidder(s), during the process of evaluation.

    v. The Letter(s) of Allocation (LOA) shall be issued to all such Successful

    Bidders(s).

    vi. Each Successful Bidder shall acknowledge the LOA and return duplicate copy

    with signature of the authorized signatory of the Successful Bidder to the

    HAREDA within Ten (10) days of issue of LOA.

    vii. If the Successful Bidder, to whom the Letter of Allocation has been issued, does

  • Page 34 of 74

    not fulfill any of the conditions specified in Bid document, the HAREDA reserves

    the right to annul/cancel the award of the Letter of Allocation of such Successful

    Bidder.

    viii. The HAREDA at its own discretion, has the right to reject any or all the Bids

    without assigning any reason whatsoever, at its sole discretion

    3. INCREASE/DECREASE OF BIDDER ALLOCATED CAPACITY

    i. HAREDA reserves the right to increase/decrease the Bidder Allocated Capacity..

    ii. In case capacity is enhanced by HAREDA. Successful bidder shall submit the

    required PBG to HAREDA within 30 days from the date of commissioning of the

    project, failing which sanctioned capacity shall stands cancelled.

    4. TRANFER OF CAPACITY

    i. In case a Successful Bidder is facing genuine difficulty in execution of project as

    per letter of allocation. HAREDA may allow transfer of allocated capacity in full

    or part depending on the merit of the case.

    ii. Amended Performance security (PBG pertaining to additional capacity allocated

    or capacity transferred shall be submitted by bidder within 30 days from the date

    of issue of such notification.

    Note: It is the prerogative of HAREDA to increase/decrease/transfer the Successful

    Bidder Capacity at the time of Allocation. If HAREDA intends to increase the

    capacity of the Successful bidder, it will be done with mutual consultation.

    5. NOTIFICATION TO SUCCESSFUL BIDDERS

    The name of Successful Bidders indicating the allocated capacity along with the

    rates shall be notified on HAREDA website www.hareda.gov.in and also shall be

    notified individually through letter of allocation.

    6. PROJECT ALLOCATION AND PENALTY

    i. The Bidders, however, in their own interest are advised to make a preliminary

    survey of availability of roof tops of buildings for which they intend to Bid and as

    prescribed in the RFS, as well as issue of Grid connectivity.

    ii. The Successful Bidders shall be issued Letter of Allocation (LOA) indicating the

    allocated capacity & Project Cost etc.

    iii. The bidders, who have been notified as Successful Bidders, shall be given 4

    months time for completion of the project from the date of issue of Letter of

    Allocation.

    iv. The time period of delivery (includes supply, installation & commissioning)

    stipulated in the letter of allocation shall be deemed to be the essence of the

    contract and should the contractor fail to complete the work (includes supply,

    installation & commissioning) within the period prescribed for such delivery

    penalty @ 2% of the work value per month subject to max. of 10% of the work

    order value recoverable. Once the maximum is reached, the New & Renewable

  • Page 35 of 74

    Energy Department/HAREDA may consider termination of the work order. For

    the purpose of calculation of penalty, month will be considered of 30 days and the

    week of 7 days. In case of non-payment by the contractor, recovery will be made

    from his bills or amount of Earnest money or security deposited with Director,

    New & Renewable Energy Department or through legal process, provide also

    that:

    a) No recovery of penalty will be made if the Director, New & Renewable

    Energy Department/HAREDA accepts the delayed supplies by extending the

    delivery period by recording in writing that the exceptional circumstances

    were beyond the control of the supplier and there was no loss to the

    Government on written request by the supplier, with proper documentation

    establishing the reasons for delay were beyond the control of the supplier,

    before the expiry of the allowed time. Requests for extension received after the

    expiry of the allowed timeline shall not be entertained and shall be subject to

    penalty.

    b) The supplies, if any, made beyond the time limit for completion of the project

    defined in the work order will require prior approval of the Director, New &

    Renewable Energy Department /HAREDA even the same are with penalty

    means supplier has no right to deliver the material with applicable penalty

    clause without the written concurrence of the Director, HAREDA. If any

    supplies fall under the warranty clause then the supplier has to obtain written

    permission from the Director, HAREDA through a request letter at least seven

    days before the expiry of delivery period with reason for delay.

    v. On the failure of the supplier/s to make supply within the extended period or

    otherwise and the receipt of such information in the office of the Director, New &

    Renewable Energy Department/HAREDA, risk purchase at the cost of the

    supplier will be made by the Director, New & Renewable Energy

    Department/HAREDA after the maximum penalty is reached by obtaining

    consent from the L2, L3 bidders or approved supplier/s or approved RC holder of

    DGS&D, GOI or any State empanelled supplier or by inviting short terms

    quotations from the Registered and other known suppliers within next two

    months. The difference of excess cost thus, incurred will be recovered from the

    supplier from his pending bills, earnest money or security whichever is available.

    This procedure will be adopted after serving a registered notice to the supplier to

    supply stores within 15 days.

    vi. The Contractor shall not;

    a. Without the consent in writing of New & Renewable Energy

    Department/HAREDA transfer, assign or sublet the work under this

    contract or any substantial part thereof to any other party. New &

    Renewable Energy Department/HAREDA shall have at all reasonable

    time access to the works b e i n g carried out by the contractor under this

  • Page 36 of 74

    contract. All the work shall be carried out by the contractor to the

    satisfaction of New & Renewable Energy Department/HAREDA.

    b. Disclose details of the conditions governing this contract to unauthorized

    persons (Indenting against this contract is permissible only for the bonafide

    use of Governments departments and quasi public and not for private parties

    or for the private use of the Government officers).

    c. In the event of the contractor failing duly and properly to fulfill or

    committing breach of any of the terms and conditions of the tender or

    repeatedly supplying goods liable to rejection hereunder or failing,

    declining, neglecting/ or delaying to comply with any demand or requisition

    or otherwise not executing the same in accordance with the terms of this

    tender, or if the bidder or his agents or servants being guilty of fraud in

    respect of the contract or any other contract entered into by the contractor or

    any of his partners or representatives thereof with Government directing,

    giving, promising or offering any bribes, gratuity, gift, loan, perquisite,

    reward or advantage pecuniary or otherwise to any person in the

    employment of Government in any way relating to such officers or person

    of persons, office or employment or if the contractor or any of his partners

    become insolvent or apply for relief as insolvent debtor or commence any

    insolvency proceedings or make any composition with his/ their creditors or

    attempts to do so then without prejudice to Government rights and remedies

    otherwise, New & Renewable Energy

    Department/HAREDA/Government shall be entitled to terminate this

    contract forthwith and to blacklist the contractor for a period as deemed fit

    by the competent authority and purchase or procure or arrange from

    Governments stocks or otherwise at the contractors risk and at the

    absolute discretion of the Director, New & Renewable Energy

    Department/HAREDA as regards the manner, place or time of such

    purchases, such supplies as have not been supplied or have been rejected

    under this agreement or are required subsequently by Government there

    under and in cases where issues in replacement are made from

    Governments stocks or supplies, the cost of value of stocks or supplies

    together with all incidental charges or expenses, shall be recoverable from

    the contractor on demand and the contractor shall not be entitled to benefit

    from any profit which may accrue to.

    7. SUBSIDY /ACHIEVEMENT LINKED INCENTIVE of MNRE:

    The bidder is free to avail the Subsidy/ Achievement linked incentive from

    MNRE, GoI, New & Renewable Energy Department/HAREDA will not be

    responsible for this. However, New & Renewable Energy Department/ HAREDA

    will provide the JCR and other document available with the office, which may be

    required by MNRE as per guidelines.

  • Page 37 of 74

    8. TAX EXEMPTIONS:

    Price bids are invited inclusive of Taxes and duties. However, Tax exemptions

    including certificates of any sort, if available may be dealt with the concerned

    department of Govt. of Haryana by the bidder. HAREDA in no case will be

    responsible for providing any tax exemptions to the bidder.

    9. OPERATION OF THE SYSTEM DURING WEEKENDS AND GENERAL

    HOLIDAYS AND CALCULATION OF CUF:

    i. During grid failure, the SPV system stops generating. Any instances of grid

    failure need to be mentioned in the monthly report and those instances need to be

    authorized by local DISCOM. Then the period will be excluded in calculation of

    CUF and deemed generation will be considered. However, if grid failure is only

    for 15 hours in a month, then no benefit of deemed generation will be given for

    this period to the contractor for non generation of the power.

    ii. Taxes and duties shall be paid extra by the bidder as applicable on the HAREDA

    service charges and the bid processing fee.

    10. USER ID FOR UPDATING THE PROJECT PROGRESS ON BI-WEEKLY

    BASIS

    Successful bidder authorized representative in whose name Power of Attorney

    (PoA) has been executed and submitted along with the bid shall be provided

    Password and User id for updating the project progress on biweekly basis in the

    allocation letter for the City. Successful bidder should update the info as per the

    requirement of the software tool .Non updating of the progress shall be considered

    as no progress and shall attract punitive actions as per the relevant provision of

    the Contract. However, the decision of Director, New & Renewable Energy

    Department/HAREDA shall be final in this regard.

    11. INSPECTION AND AUDIT BY THE GOVERNMENT

    The Successful bidder shall permit the New & Renewable Energy

    Department/HAREDA or user department to inspect the Successful bidders site,

    accounts and records relating to the performance of the Contractor and to have

    them audited by auditors appointed by the HAREDA, if so required by the

    HAREDA at any time.

    12. COMMISSIONING /COMPLETION CERTIFICATE:

    i. Application for completion/commissioning certificate:

    When the Successful bidder fulfils his obligation under the Contract, he shall be

    eligible to apply for Compl

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