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BIHAR STATE ELECTRICITY BOARD

REQUEST FOR PROPOSAL FOR CONSULTANCY R-APDRP PART B PROJECT

TENDER DOCUMENTS FOR SELECTION OF CONSULTANCY AGENCY (I) CONDUCTING STUDY REGARDING DEVELOPMENT OF ELECTRICITY DISTRIBUTION INFRASTRUCTURE COVERING STRENGTHENING,

IMPROVEMENT AND AUGMENTATION OF SYSTEM CAPACITY AND PREPARING DETAILED PROJECT REPORT (DPR) UNDER PART B OF R-APDRP SCHEME, WITH THE AIM OF REDUCING AT&C LOSS IN 64 SELECTED TOWNS COVERED UNDER THE SCHEME. (II) ASSISTANCE FOR TECHNICAL EVALUATION OF BIDS RECEIVED FOR WORKS OF STRENGTHENING, IMPROVEMENT AND

AUGMENTATION OF DISTRIBUTION SYSTEM TO BE EXECUTED AFTER THE SANCTION OF DPRs. RFP Identification No. : 215/PR/BSEB/2010
Date of Issue: 30/11/2010 Date of Opening of Technical & Commercial Part: 22/12/2010 at 3.00 PM BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, JAWAHARLAL NEHRU MARG, PATNA-800021 Telephone: 0612-2504409/2504666 FAX: 0612-2504666

BSEB Website : bseb.bih.nic.in / bseb.org


(This document is meant for the exclusive purpose of bidding and shall not be transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued.)

RFP Identification No.: 215/PR/BSEB/2010

Tables of Contents Sl. No. 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Particulars Introduction General Specification and Scope of Work Deliverables Methods and Workmanship Timelines for Completion of DPRs Time Schedules Cooperation System Drawings Eligibility Criteria Instructions to Bidders Canvassing Earnest Money Deposit Submission of Bids Opening of EMD, Eligibility Criteria, Technical Commercial Bid and Price Bid Validity of Bids Validity of offer for Assistance for Technical Evaluation of Bids for works Acceptance of Part / whole Bids / Modification Rights there of Variation for Number of Towns Evaluation of Bids Post Qualification & Award Criteria Splitting of Order Prices Taxes & Duties Security Deposit / Performance Guarantee Penalty Terms of Payments Consortium Jurisdiction Arbitration Force Majeure Correspondence Annexure Page No. 3 5 7 9 9 9 10 10 10 12 13 13 14 15 16 16 16 16 16 19 19 19 20 20 20 21 22 23 23 23 23 23

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Introduction Restructured Accelerated Power Development and Reforms Programme (R-APDRP) Background: Ministry of Power, Govt. of India, has launched the Restructured Accelerated Power Development and Reforms Programme (R-APDRP) in the XI Five year Plan. Power Finance Corporation Limited (PFC) has been designated by Ministry of Power, Govt. of India as the Nodal Agency for the programme. The programme spans from data acquisition at distribution level till monitoring of results of steps taken to provide an IT backbone and strengthening of the Electricity Distribution system across the Country under the programme. The objective of the programme is reduction of AT&C losses to 15% in project areas. The program is divided into 2 parts: Part-A and Part-B. Part-A includes projects for establishment of baseline data and IT applications like Meter Data Acquisition, Meter Reading, Billing, Collections, GIS, MIS, Energy Audit, New Connection, Disconnection, Customer Care Services, Web self service, etc. to get verified baseline AT&C losses. The I.T. implementation agency (ITIA) would supply, install and commission one integrated IT solution within the broad framework provided in the SRS (System Requirement Specification) document. Steering Committee of Ministry of Power under the guidance of Ministry of Power has finalized a detailed SRS document which covers all the components of the project including hardware, software, networking; GIS among others which shall help the utilities improve their performance. Part-B includes distribution strengthening projects. The Programme: The size of the entire programme is to the tune of Rs. 50,000 Crore. The programme consists of Part-A (to the tune of around Rs. 10,000 Crore) covering Information Technology application in the electricity distribution system and Part B (to the tune of around Rs. 40,000 Crore) covering the System strengthening, improvement and augmentation of distribution system capacity. Both parts entail planning of measures to be taken under the programme, implementation of such measures to be taken and monitoring / evaluation of results / impact of the programme as a whole and of its various components across the Country. The focus of the programme shall be on actual, demonstrable performance in terms of loss reduction. Establishment of reliable and automated systems for sustained collection of accurate base line data, and the adoption of Information Technology in the areas of energy accounting will be essential for the success of the R-APDRP. The Programme is proposed to be implemented on all India basis covering Towns and Cities with a

population of more than 30,000 (10,000 in case of Special Category States) as per population data of 2001 Census. In addition, in certain high-load density rural areas with significant loads, works of separation of agricultural feeders from domestic and industrial ones, and of High Voltage Distribution System (11kV) will also be taken up. Towns / areas for which projects have been sanctioned in X Plan APDRP shall be considered for the

XI Plan only after either completion or short closure of the earlier sanctioned projects. Projects under the scheme shall be taken up in Two Parts. Part-A shall include the projects for

establishment of baseline data and IT applications for energy accounting/auditing & IT based consumer service centers. Part-B shall include regular distribution strengthening projects. The activities to be covered under each part are as follows: Part A: Preparation of Base-line Data System for the project area covering Consumer Indexing, GIS Mapping, Automatic Metering (AMR) on Distribution Transformers and Feeders, and Automatic Data
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Logging for all Distribution Transformers & Feeders and SCADA / DMS system. It would include Asset Mapping of the entire distribution network at and below the 11kV transformers and include the Distribution Transformers and Feeders, Low Tension lines, poles and other distribution network equipment. It will also include adoption of IT applications for meter reading, billing & collection; energy accounting & auditing; MIS, Redressal of consumer grievances and establishment of IT enabled consumer service centers etc. Part B: It covers renovation, modernization and strengthening of 11 kV level Substations, Transformers/Transformer Centers, Re-conductoring of lines at 11kV level and below, Load Bifurcation, Feeder segregation, Load Balancing, Aerial Bunched Conductoring in thickly populated areas, HVDS, installation of capacitor banks and mobile service centers etc. In exceptional cases, where sub-transmission system is weak, strengthening at 33 kV levels may also be considered.

BIHAR MAP

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1.

General Specification & Scope of Work: Scope of work is preparation of Detailed Project Reports (DPRs) for R-APDRP Part - B as per the

Format attached as Annexure 27 (R-APDRP PART B DPR PFC TEMPLATE) in the RFP document. The Scope of Work covering strengthening, improvement and augmentation of distribution system under the R-APDRP Part B scheme in the eligible towns as per Guidelines issued by Ministry of Power, Govt. of India are enumerated in Annexure - 1 & 25 . A comprehensive plan for implementation of Part B projects in the towns of Bihar will be required to be drawn-up by the Consultancy Agengy. The Consultancy Agency may be required to provide assistance in Technical Evaluation of Bids received for the works of strengthening, improvement and augmentation of distribution system to be executed in the different Towns after sanction as per the intent of Bihar State Electricity Board. In Bihar, the licensee area of Bihar State Electricity Board covers the whole state having 7 (Seven) Electric Supply Areas with 16 (Sixteen) Electric Supply Circles. Under the Electric Supply Areas/Electric Supply Circles, 71 (Seventy one) numbers of towns are eligible for implementation of R-APDRP scheme as per the criteria laid down in the Ministry of Power, Government of India Guidelines. The Part-A of the RAPDRP scheme including projects for establishment of baseline data and IT applications like Meter Data Acquisition, Meter Reading, Billing, Collections, GIS, MIS, Energy Audit, New Connection, Disconnection, Customer Care Services, Web self service, etc. to get verified baseline AT&C losses is being implemented in all the eligible 71 towns. The list of eligible towns indicating the presently existing number of 33kV/11kV Power Sub-Stations, number and length of feeders (33 kV & 11 kV), distribution transformers, LT lines and Consumers are given Electric Supply Circle-wise at Annexure 29 . Under the Scope of Work of the Consultancy Agency, DPRs of 64 (Sixty four) towns is to be prepared for the Electric Supply Area-wise and Electric Supply Circle-wise list attached at Annexure 28. The number of towns may vary, increase or decrease, and there may be slight variation in the Scope of Work according to the exigencies of the requirement and locational situation. Any improvement suggested for the strengthening and augmentation of the electricity distribution system of the sixty four towns to bring down the AT&C Losses within the permissible limits as laid down in the Ministry of Power, Govt. of India Guidelines of the R-APDRP scheme should be sufficiently backed up by data and relevant analysis as separate annexures in DPRs submitted by the Consultancy Agency. The objective of R-APDRP scheme of reducing Aggregate Technical and Commercial (AT&C) losses in the project areas (towns) can be achieved by plugging pilferage points, supply of quality power, faster identification of faults & early restoration of power, proper metering, strategic placement of capacitor banks & switches, proper planning and design of distribution network. The real time monitoring & control of the distribution system through state-of-the art systems encompassing all distribution Sub-stations & 11kV network would help in achieving this objective of R-APDRP. For deriving maximum benefits it is essential that necessary up-gradation of distribution S/S & 11kV network shall be carried out to meet the requirements. The augmentation / upgradation of the distribution network for real time supervision & control mainly requires suitable compatibility of circuit breaker & switches, placement of RMUs and FPIs etc. for effective monitoring & control. This augmentation / up-gradation is to be considered under Part B of RAPDRP scheme. A) Evaluation of existing distribution network: Evaluation of existing network parameters in terms of Loading, Voltages, Reliability and Technical Losses of existing Distribution Network condition, so as to: Calculate Section wise voltage regulation and Line losses.

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Calculate / Evaluate Feeder wise technical loss. Segregate Technical (voltage wise and component wise) & Commercial Losses. Identify the problematic areas with high voltage drops, overloaded conductors/transformers and technical losses. Check the Adequacy of EHV transformation capacity for supply of power. Check the Adequacy of Sub-Transmission capacity at 33 kV level sub-stations. Check the Adequacy of 33 kV, 11 kV and 400 volts feeders / lines. Overloading of distribution transformers. Power Transformer Analysis: This should lead to an analysis whether there is need to augment or add a new power transformer. The analysis must be submitted along with date of survey, persons interviewed, their names & designations/address and phone numbers. All simulation must be done by R-APDRP approved software.

Patna, the state capital of Bihar, has been identified as the city for implementation of DATA CENTRE (DC) under R-APDRP scheme. Patna has a SCADA/DMS Centre, which has been implemented under the X
th

Plan APDRP scheme by M/s Power Grid Corporation of India,

(Govt. of India Undertaking). The IT Implementing Agency which is to take-up the work of establishing the IT infrastructure in the towns identified under R-APDRP scheme, will integrate the IT infrastructure set-up by them with the Data Centre and the existing SCADA/DMS systems. The scope of work of the Consultancy Agency shall include suggesting where all remote switchable breakers/switches along with their specifications will be desired for the SCADA/DMS system. The report should also indicate where all Fault Pass Indicators (O/C & E/F) should be installed along the feeders. Gaya town has been identified as the city for implementation of DISASTER RECOVERY CENTRE (DRC) under R-APDRP. The Disaster Recovery Centre will be replica of the Data Centre. B) Strategy for Technical Loss Reduction: Preparation of Technical Loss Reduction Strategy & Network Optimization Plan for 33kV, 11 kV and LT Network including cost benefit analysis. (a) The voltage drop analysis shall be performed by considering varying ambient temperature

conditions & its affect of technical losses shall be taken into account. A comprehensive Technical Loss Reduction plan for 33kV, 11kV and LT kV network shall be prepared. The Loss Reduction measures to be envisaged and investigated are: New substation R&M of distribution substation/transformer installation Substation augmentation New Feeders Bifurcation of feeders Replacement of existing LT lines by Aerial Bunch Conductor Underground cabling High Voltage Distribution System (HVDS) New DTs Capacitor bank - HT & LT

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Replacement of consumer service lines prone to tamper and pilferage. Replacement of meters Shifting of consumer meters at call bell location New Service connection Metering requirements Installation of Switchable Breaker/Switches

The detailed guidelines issued by PFC regarding items to be included for preparation of DPRs are also annexed as Annexure-1. (b) The technical loss reduction & network optimization plan shall be carried out using

Distribution Network Planning Software. The feeder Power factor and Load factor shall be estimated from Load survey data of feeders or load data recorded at substation by field staff. (c) (d) Network Optimization of existing system: Evaluation and Proposing of optimal location / economical sizing of Shunt Capacitors so as to improve the system voltage and consequently reducing system losses. Proposals for re-conductoring (upgrading conductors, change from Overhead to Underground & vice-versa); transformer up-gradation/augmentation; optimal transformer locations. Feeder re-configuration in terms of new interconnections and evaluating need of new feeders. Proposed network modifications shall be based on consideration of normal operating &

emergency conditions. (e) (f) (g) Identifying need of new grid substations location and size as per increased load demand. Fault calculations at designated locations. The schemes to strengthen the network should be prepared such that AT&C Losses be

reduced to 15% as per the timelines given in the Guidelines laid down by the MoP/PFC. (h) In case of interconnected distribution network, propose the different sets of optimal nominal cut-offs based on the criteria of reduction in copper losses (I2R losses), over loading conditions, low voltage problems and for balancing the loads on feeders equally. Provide optimal switching pattern to operate the feeders, in order to minimize copper losses (I2R losses) C) Distribution Network Master Plan for 5 Years: A Distribution Network master plan for at least the next 5 years shall be prepared, giving year wise Network augmentations to meet load growth of approximately 10% per annum. The plan drawn up shall satisfy the following requirements:

Voltage drop on the feeder is limited to statutory limits Loading on the feeders shall not exceed break even loading limits set by the utility The 11 kV losses shall conform to prevailing international levels, The total cost for five years shall be the least cost. The total cost being the sum of capital investment and cost of power losses

The Least Cost concept shall be demonstrated by investigating alternative expansion Plans

2.

DELIVERABLES: The deliverables of the proposed Project are: a. Network single line diagrams of each 33 kV Feeders in geographical format. b. Network single line diagrams of each 11 kV Feeders with LT lines in geographical format. c. Single Line diagram of existing network with network elements/equipments highlighted using user-friendly colour code, clearly highlighting any abnormal operating conditions.

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d. Reports must exhibit: i. ii. Complete voltage drop reports portable in MS Excel format. Distribution network model in CYMDIST/MiPOWER readable format. (CYMDIST Distribution System Analysis Program for planning studies and simulating the behaviour of electrical distribution networks under different operating conditions and scenarios. MiPOWER interactive Windows based Power System Analysis.) iii. Abnormal condition reports for sections with voltage violations and/or over loads.

e. A report on the 5 year Master plan for network expansion including switching plans for different substations & feeders for improving system conditions. Recommendation of priority wise reinforcement / augmentation plan for making network contingent. Detailed report of Cost Benefit Analysis for implementing the recommended schemes. f. The report of Power Transformers should clearly point out how much technical losses can be reduced and system availability can be improved by above system improvement. g. The deliverable of 33KV, 11KV, and LT lines should suggest system improvement due to various alternatives like re-conductoring, feeder bifurcation etc. h. CAIDI, CAIFI, SAIFI, SAIDI, MAIFI Computation for each individual feeder. The deliverables will include computing the above mentioned reliability indices of each individual feeder using a standard application tool for the purpose of analysis. (CAIDI Customer Average Interruption Duration Index. CAIFI Customer Average Interruption Frequency Index. SAIFI Sum of All Interruptions Frequency Index. SAIDI Sum of All Interruptions Duration Index. MAIFI Momentary Average Interruption Frequency Index.) i. The Distribution Transformers system improvement should suggest reduction in transformer losses and its effect on overall system loss. The deliverables should include suggestions about transformer augmentation, shifting of transformer to appropriate location or additional transformer. j. The report of LT lines should submit suggested improvements like AB Cabling, HVDS of selected area or town, Underground cabling in selected area or densely populated / congested areas of towns or areas of historical/pilgrimage/tourist importance. After survey these LT lines must be simulated in software (with survey data for locations, LT feeders etc). k. The Load Demand Analysis of towns will involve finding on demand met and unrestricted peak demand for previous month, previous quarter and for year. The expected growth in the load for next five years must be accounted for estimation of future load. The previous years rate of growth of different kind of consumers must be depicted. The demand analysis should consider at least 5 years of growth. l. Billing cycle wise billing and collection efficiencies for different types of consumers HT and LT. Deliverable will include which accounts reports and sections were referred to obtain the information. The proposal should detail how AT & C losses are going to be determined for town. m. The report should contain a section that how much AT & C loss reduction will occur in which network element and consumer segment. This report should also mention the target AT & C reduction during first and second years of implementation and further three years subsequent
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to implementation. This should be simulated and shown using the software showing improvement in each of the electrical parameters. n. The report should compute the total cost of system improvement including labour charges. Report must include financial analysis using Net Present Value, Internal Rate of Return and Payback period calculations. o. The report should show the relevant use of GIS and system analysis software applying the same at various points of the network. Load flow analysis and voltage regulation study must be shown for 33 KV, 11 KV and LT lines separately. p. Technical proposal must mention the proposed approach and methodology along with a case study as per the scope of work mentioned above. q. These DPRs should be prepared in consultation with Engineer-in-Charge of that particular project area in the Performa given in Annexure - 27 and should be finalized in consultation with Chief Engineer (RE) In-charge R-APDRP/Nodal Officer R-APDRP for submission to PFC . r. The deliverables are required to be submitted complete for each town in soft copy as well as hard copy [6 (six) sets each copy]. 3. Methods and Workmanship All work should be carried out with quality workmanship by skilled professionals in the trade involved. The brief particulars are as follows:(1) Project Report will be prepared for each Town separately. (2) Project Report will be prepared as per the guidelines issued by Ministry of Power, Govt. of India from time to time for XI Plan Restructured APDRP Part-B projects. (3) Basic information of existing electrical system will be collected by Consultancy Agency after survey of project area. (4) Consultancy Agency will have to attend all queries raised by Nodal Agency PFC/MoP, GOI as well as BSEB and shall submit supplementary report if required necessary up to approval of DPR by PFC. Consultancy Agency will have to furnish all information to queries raised by BSEB during the course of survey, investigation and preparation of reports/DPRs. (5) Consultancy Agency will be required to submit six (6) copies of DPR with equal number of soft copies of final reports of each town. Draft copies of reports and DPRs of each town will be submitted in three (3) numbers with the same number of soft copies. 4. Timelines for Completion of DPR for all 64 Towns The DPR for all the 64 towns must be completed in ninety (90) days from the date of placement of Letter of Intent. This is a time-bound project and must be completed within the given time frame. 5. Time Schedules: (1) The DPRs of first five (5) towns will be prepared for approval within 21 (twenty one) days of

the Letter of Intent/order, including DPR of Patna covering area of PESU Electric Supply Area. (2) The lists of towns for schedule of submission of DPRs will be finalized in consultation with The first (IST) DPR prepared will be of Patna town distribution system under jurisdiction of
st

Chief Engineer (RE) In-charge R-APDRP, BSEB. (3)

PESU Electric Supply Area of Bihar State Electricity Board within 21 days Letter of Intent/Order. The 1 draft of DPR will be submitted within 15 days of Letter of Intent. There is an existing

SCADA/DMS project at Patna, for the up-gradation of this SCADA/DMS systems a separate
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Consultant is appointed to prepare DPR. The DPR of Patna for distribution system strengthening, improvement and augmentation will be required to be coordinated with SCADA/DMS DPR. (4) The time schedule for preparation of Final DPRs of the towns for submission to Nodal

Agency (PFC) will be as per Annexure - 16. 6. Safety Precautions The Consultancy Agency shall take all necessary safety precautions to prevent the possibility of any type of accidents during the course of the works. Bihar State Electricity Board is not liable for any type of claim occurred on the Agency during the project implementation period. 7. Co-operation The Consultancy Agency shall, at all times, work in close coordination with the Bihar State Electricity Board supervising personnel and extend them every facility to become familiar with the equipment /tools used for the purpose. 8. System Drawings: The Consultancy Agency shall specifically prepare plans, indicating scale with letters with font size not less than one-eighth inch and in an editable format. These plans will show the quantity, location, and marking of all system components. It shall also include the descriptions and calculations using approved software. 9. Eligibility Criteria The Bidder must possess the requisite experience, strength and capabilities in providing the services necessary to meet the requirements. The Bidder must also possess the requisite technical know-how and the financial wherewithal that would be required for the preparation of DPRs for the entire period of the contract. The Bidder should be well conversant with the norms & guidelines of Ministry of Power, Govt. of India/Power Finance Corporation for projects under Restructured-APDRP Part-B). The Bidder should have sufficient number of person well qualified and conversant with the job. The bids must be complete in all respects and should cover the entire Scope of Work as stipulated in the bid document and as per annexed proforma of DPR issued by PFC. The invitation to bid is open to all bidders who qualify the eligibility criteria as given below: Sr. No. I. The bidder should be an entity empanelled / registered with Power Finance Corporation / Rural Electrification Corporation / Any Power Distribution Utility / State Electricity Board for any activity related with scope of work of this bid. ii. The bidder should be a Private / Public Limited company registered under the Companies Act, 1956 or a registered firm. The company / firm should be in existence for more than 3 years. iii. The bidder should be executing / have executed at least one work order of preparation of DPRs for Power Finance Corporation / Rural Electrification Corporation / Any Power Distribution Utility / State Electricity Board. Copy of relevant Certificates of concerned Utility with certified Certificate of Registration Certificate of Registration / Qualifying Criteria Supporting provided Documents to be

Empanelment.

copy of at least one such DPRs. OR

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OR The bidder should have provided DPR assistance in last three audited financial years for a Power Distribution Utility / State Electricity Board / Power Finance Corporation / Rural Electrification Corporation or the bidder should have provided consultancy (strategy, advisory, efficiency improvements, implementation, programme management) engagements to major infrastructure projects utility (power/gas/water/telecom). The total project worth of such DPRs or procurement assistance or implementation or programme management should be at least Rs 100 Crores. iv. The Annual Turnover of the bidder should be at least Rs. 10 Crores on average for last 3 financial years. v. The bidder should be well conversant with the norms & guidelines of Ministry of Power/Power Finance Corporation for project under Restructured APDRP (Part-B) in XI Plan. vi. The bidder should have experience of mobilization of input data and creation of computer model of at least 1000 km of Electrical Network. May include collection of geospatial coordinates of the equipment through differential GPS survey. vii. The agency must have minimum ten (10) full time consultants working in the firm.

Copies of Contracts awarded / Work Orders by Govt. owned Discoms / State Electricity Boards etc in similar areas with details of past experience.

Certificate of registered CA Self-certification submitted. must be

The

bidder

must

produce

reference certificate from such customers Self certification and CV must be submitted countersigned by

authorized signatory. viii. The bidder shall commit that the key personnel to be employed for the project have been sufficiently involved in the similar implementations and that once assigned to the project will not be moved out of it, except for reasons beyond the control of the bidder. ix. Power of Attorney / Authorization Letter from Board of Directors/Director/Company Secretary is to be submitted in favour of the person signing and submitting the RFP bid. x. The bidder shall organize the responses in accordance with the format specified in the tender and under no circumstance shall leave any response item unanswered. If any row or column does not contain the response, the entire response may not be taken up for consideration. Any response not as per format may not be included for any further consideration. xi. The bidder must have a dedicated practice of GPS survey of 33KV, 11KV. LT Line & DTRs & must clearly reflect in their business process xii. The Bidder should not be under a Declaration of In-eligibility for corrupt or fraudulent practices or blacklisted with any of Self-certification submitted. Declaration in this regard by the authorized signatory. must be Self-certification submitted. must be Power of Attorney / Authorization Letter Self certification must be

submitted.

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the Government agencies or PSUs. xiii. The bidder shall have experience in execution of the work of the type and category specified in the bid and analysis of power distribution network by standard network software. xiv. The bidder should have an office in Patna. If the local presence is not there in Patna, the bidder should give an undertaking for establishment of an office within ONE week of Letter of Intent. Relevant Undertaking. Documents or The bidder must produce a

reference certificate from such customers

10.

INSTRUCTIONS TO BIDDERS Preparation of Tender (1) Before submission of the tender, the Bidders are required to make themselves fully

conversant with the Technical Specification, Drawing, Instructions to Bidder, General Requirement of Specifications including Schedules and General Conditions of Contract, as may be applicable so that no ambiguity arises at a later date in respect. (2) Any inconsistency or ambiguity in the offers made by Bidder shall be interpreted to the

maximum advantage of Bihar State Electricity Board and disadvantage to the Bidder. The Bidder shall have no right to question the interpretation to the Client in all such cases and the same shall be binding on the Bidder. (3) The tenders should be prepared and submitted strictly in accordance with the instruction

contained in these specifications. The tender shall be complete in all respect. Tender must be submitted in the manner specified in the attached prescribed Schedule and/or copies thereof. To complete the proposal, the Bidder must fill in the tender form, Declaration, all Schedules & datasheet, annexed with the specification, item in accordance with the instructions and notes supplementary thereto. All documents/proposals submitted in the bid offers must be duly signed on all sheets/pages by the authorized signatory and duly stamped with company seal. The interpolations, insertions, cutting & corrections made in the tender offers should be duly initialed by the authorized signatory of the Bidder with due stamping. (4) The Bidder shall bear all costs associated with the preparation and submission of its bid

against the RFP and the BSEB shall not be responsible or liable for those costs, regardless of the conduct or outcome of the RFP process. Bidder shall supply the data required in sheets annexed with the specifications by typing at appropriate places against each item to facilitate preparation of comparative statements. These sheets must be properly signed with seal by authorized signatory of the Bidder testifying the data submitted. All schedules must be duly filled in and shall be enclosed with each copy of the tender. In case the Bidder does not supply any of the required information at the time of tender, necessary loading may be made while evaluating the prices of his offer without giving him any further opportunity to supply or clarify the same. The Bidders are notified that in case the required information are not furnished in the specified proforma/schedules attached with the specification, the Client shall not be responsible for any error in the evaluations of their tender on this account. Further, the failure to comply with this requirement may result in the rejection of the tender at the discretion of the Client. (5) Client may revise or amend these instructions & conditions etc. prior to the date notified for

opening of bids. Such revision/amendment, if any, will be communicated to all prospective Bidders
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and

uploaded

on

the

website

of

Bihar

State

Electricity

Board

as

corrigendum/amendment/addendum to the specification maintaining reasonable time schedule for preparation of bid by the Bidders. (6) Any portion of the terms and conditions as laid down in these specification which are not

clear to the Bidder should be got clarified from the Client before submission of the bid so that no ambiguity/confusion arises at a later date in this respect. (7) A set of technical, descriptive and illustrative literature must accompany each copy of the

bid so that clear understanding of offer is obtained. The bids sent by post must be posted by registered Post with AD sufficiently in advance so as to reach the Client [Chief Engineer (RE) Incharge R-APDRP, BSEB] by the scheduled date and time of submission of bid. Any bid received after the date and time of submission even on account of Postal delay shall not be opened. The Bidders are, therefore, requested to ensure in their own interest that the bids are delivered in time. Bids submitted by Telegram / Telex / Fax / Email etc. shall not be accepted under any circumstances. (8) The Bidder may authorize one of his representatives to be present at the time of opening

the bid on his behalf. In such instance, the representative shall be required to submit the authorization letter with his signature duly attested by the person signing bid document on behalf of the Bidder. This letter shall be submitted to the authority opening the bid. In absence of such certificate, no representative shall be allowed to participate in bid opening. 11. CANVASSING No Bidder shall canvass any Client official or the Engineer-In-charge with respect to his own or other bid. Contravention of this condition will result in rejection of the bid. This clause shall not be deemed to prevent the Bidder from supplying to the Client any further information / clarification asked for by Client/Engineer-in-Charge. 12. Earnest Money Deposit The bidders shall deposit the Earnest Money Deposit amount of Rs.2,00,000/- (Rupees Two Lakh) in form of Demand Draft drawn in favour of Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Patna payable at Patna from any Nationalised/Scheduled Bank. a) No offer will be accepted without Earnest Money Deposit. b) In case, any bidder withdraws his offer during the validity period or after placement of order, the EMD amount shall be forfeited. c) In case the successful bidder fails to execute the order within the period stated in Letter of Intent, the EMD shall be forfeited. d) EMD shall be returned to the un-successful bidders, as soon as possible, after the award has been finalized and order is placed. e) EMD of bidder on whom the order shall be placed, shall be returned on submission and acceptance of Security Deposit. f) There shall be no exemption from deposit of EMD. Earnest Money of inadequate value shall not be accepted. In case any Bidder deposits Earnest Money of a lesser amount, its offer shall not be considered. g) Offers without proper earnest money and a letter confirming the validity of offer for 180 days shall not be considered under any circumstances. h) No interest shall be paid on EMD amount.
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13.

Submission of Bid: The Bidder shall submit offer in triplicate in the parts indicated below. Each part shall be kept in double covers (envelopes), inner ones being sealed. All envelopes must also show on the outside the name of bidder and its address. Three Hardcopies and Three Softcopies in CD should be submitted. Each technical proposal/price proposal should be marked "Original" or "Copy" as appropriate. If there are any discrepancies between the original and the copies of the Proposal, the original governs. In the event of any discrepancy between the hard copy and soft copy, the hard copy shall prevail. The offer should be submitted in Four (4) parts as detailed here under: (i) Part-I shall contain Earnest Money Deposit & Tender Document Cost (ii) Part-II shall contain Eligibility Criteria (iii) Part III shall contain Technical and Commercial bid (iv) Part-IV shall contain Price Bid in the Format given in RFP for (a) Consultancy and Preparation of DPRs for 64 (Sixty four) Towns as per Annexure - 21, (b) Assistance for Technical Evaluation of Bids received for works to be executed in the Towns after sanction as per Annexure 22. The Bidder shall submit the bids against the RFP using the appropriate Submission Sheets provided in the Annexure Response Formats. These forms must be completed without any alterations to their format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested. The bid must be submitted with covering letter in a separate sealed envelope and submitted in the Office of the Chief Engineer (RE) In-charge R-APDRP, Bihar State Electricity Board, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna 800021 upto 1.00 PM on or before 22/12/2010. Bids received late, on any account and for any reason whatsoever, will not be considered. (A) All the above mentioned parts of this tender enquiry shall be put in separate sealed envelopes and all these envelopes shall be properly superscribed as the case may be as: (i) Part-I - Earnest Money Deposit and Tender Document Cost, (ii) Part-II - Eligibility Criteria, (iii) Part-III - Technical & Commercial Bid (iv) Part-IV - Price Bid (a) Consultancy and Preparation of DPRs for 64 (Sixty four) Towns (b) Assistance for Technical Evaluation of Bids received for works Each envelope shall also be superscribed with R-APDRP Part B Project Request For Proposal For Consultancy, quoting Part No., Name of Item, Tender No. (RFP Identification No.), Validity of Offer, Name and Address of Bidder, due Date of Submission and Date of Opening. The Part-IV - Price Bid envelope shall contain two separate sealed envelopes mentioning on each envelope as the case may be for (a) Consultancy and Preparation of DPRs for 64 (Sixty four) Towns and (b) Assistance for Technical Evaluation of Bids received for works, (B) The above four envelopes duly sealed are to be kept again in one envelope called Main Envelop and sealed. This envelope should be superscribed with RFP Identification No., Name and Address of Bidder and TENDER DOCUMENTS FOR SELECTION OF CONSULTING AGENCY FOR (A) CONDUCTING THE STUDY REGARDING DEVELOPMENT OF ELECTRICITY

DISTRIBUTION INFRASTRUCTURE AND PREPARING DETAILED PROJECT REPORT (DPR)


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UNDER PART-B OF R-APDRP SCHEME, WITH THE AIM OF REDUCING AT&C LOSSES IN 64 SELECT TOWNS COVERED UNDER THE SCHEME, (B) ASSISTANCE FOR TECHNICAL EVALUATION OF BIDS RECEIVED AGAINST WORKS

TO BE EXECUTED AFTER THE SANCTION OF THESE DPRs, The cover envelope and all envelopes shall be addressed to Chief Engineer (RE) In-charge R-APDRP, Bihar State Electricity Board, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna-800021. (C) A certificate shall be properly and securely affixed on the Main Envelope itself to the effect that: IT IS FURTHER CERTIFIED THAT WE CATEGORICALLY AGREE TO THE FOLLOWING CLAUSES OF TENDER SPECIFICATIONS. (i) (ii) (iii) (iv) PAYMENT TERMS SECURITY DEPOSIT LIQUIDATED DAMAGES PERFORMANCE GUARANTEE : : : : AGREED AGREED AGREED AGREED

This certificate shall bear the name and address of the bidder with name and signature of the authorized signatory. In absence of above certificate on the Main Envelope itself, the same shall not be opened and offer shall stand rejected. (D) Even after certification on the body of the main envelope, if any ambiguity is found upon opening of the main envelope or even after opening of the Price Bids subsequently, the offers shall be rejected. (E) The person authorized to sign the offer on behalf of the Bidder as authorized signatory shall ensure to put initials on each and every page of the tender with the official seal. Last page of each document forming part of the tender shall bear full signature under official seal fully disclosing the name, designation and relationship with the Bidder to the Signatory. A copy of the TENDER DOCUMENT shall be submitted with the bid, signed on each page with seal, in Part-III. In case of partnership concern, the offer may be signed by all the partners of the firm or one of them holding power of attorney. Copy of the power of attorney of the Signatory of bid shall be submitted with the bid in Part-III. In case of corporation/company, offer may be signed either by the President or Secretary or such authority with power of attorney to be furnished alongwith the offer. (F) The sale cost of Tender Document is Rs. 10,000/- (Rupees Ten Thousand). The offers of those bidders who do not purchase Tender Document or who do not submit cost of Tender Document alongwith their offer in the manner required will not be considered and be rejected. The cost of Tender Document is to be deposited in form of Demand Draft in favour of Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Patna payable at Patna from any Nationalized/Scheduled Bank. 14. Opening of EMD, Eligibility Criteria, Technical & Commercial Bid and Price Bid
The offers shall be publicly opened first on the due date as specified/notified. Parts of the offers containing Earnest Money, Validity, Eligibility Criteria & Technical & Commercial Bid the pre-qualifying conditions of the tenders shall be scrutinized and processed to ensure whether the same are conforming to the technical requirements of the specification. At the opening date and time as notified in the tender enquiry (Notice Inviting Tender NIT) for the TECHNICAL & COMMERCIAL PART, the main cover envelope containing all the parts of the bid

shall be opened to verify the contents. This will be followed with, first, the opening of the envelope containing Earnest Money Deposit and Tender Document Cost (Part-I). After verifying the
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requirements for the above, the second & third part i.e. Eligibility Criteria (Part-II) and Technical & Commercial Bid (Part-III) shall be opened on the same date in respect of eligible bidders. The opening of the Price Bid shall be notified to technically qualified bidders following completion of the technical evaluation. The BSEB shall conduct the opening of Bids in the presence of Bidders representatives who choose to attend, at the address, date and time specified in this document. All envelopes holding the Bids shall be opened one at a time, as required for the purpose intended and the following read out and recorded: a. the name of the Bidder; b. whether there is a deviation, modification or substitution (if any); c. any other details as the BSEB may consider appropriate. Only Bids read out and recorded at opening stage shall be considered for evaluation. No Bid shall be rejected at the opening stage, except for late bids or bids not accompanied with proof of having purchased the document. 15. Validity of Bids The offers for Consultancy shall be valid at least for 180 days. Validity of the offer shall be counted from the date of opening of the Technical & Commercial Part of the Bids. The offers having lesser validity are liable to be rejected. 16. Validity of Offer for Assistance for Technical Evaluation of Bids for Works The work contract with the successful Consultant for the consultancy shall be valid for the period which shall extend upto 6 (six) months after the sanction of DPRs to complete the work of Assistance for Technical Evaluation of Bids for Works against the order. Completion Certificate for entire work shall be issued by the Engineer-in-Charge of BSEB after successful completion of work as specified in the Scope of Work. The Price Bid for Assistance for Technical Evaluation of Bids for Works shall be kept valid for 6 (six) months after the sanction of DPRs 17. Acceptance of Part / Whole Bids / modification Rights there of BSEB reserves the right to accept or reject wholly or partly any or all tender offer, or modify the technical specifications / quantities / requirements mentioned in this tender including addition / deletion of any of the sub-systems or part thereof after pre-bid, without assigning any reason whatsoever. No correspondence in this regard shall be entertained. BSEB reserves the unconditional right to place order on wholly or partly tendered quantity to successful bidder. 18. Variation for Number of Towns The BSEB reserves the right to vary the no. of towns to the extent of 30 % of the tendered quantities on the same rates, terms and conditions. 19. 19.1 Evaluation of Bids Generally the bids received and accepted will be evaluated by the Client to ascertain the best evaluated bid in the interest of the Client, for the complete works covered under these specifications and documents. 19.2 The Client will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required Earnest Money have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

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19.3

Queries as raised by the Client on the technical matters as may be necessary shall be referred to the Bidders to give them chance to clarify only technical details furnished or any wanting information, in order to ensure whether the Bidder can deliver strictly in accordance with the technical specification. Such queries when raised from the Client office should be replied in triplicate within the time stipulated from the date of dispatch of such letters from the office of the Client, failing which tenders shall be finalized on the basis of the information as may be available. It shall be, therefore in the best interest of the Bidders to give complete and comprehensive technical particulars/description in the offers conforming to the technical requirement.

19.4

Bid price shall mean the base price quoted by each bidder in his proposal for the complete scope of works.

19.5

Pursuant to the qualifying requirements of bidders, the same will be short listed for commercial and technical evaluation. The Technical & Commercial Bids for the disqualified bidders will not be returned.

19.6

BSEB will review the Technical & Commercial Bids of the selected bidders to determine whether the techno-commercial bids are substantially responsive. Bids that are not substantially responsive are liable to be disqualified at BSEBs sole discretion.

19.7

The evaluation will be made on the basis of quality - cum - cost, with weight-age to quality of services and cost in the ratio of 50:50.The overall score will be calculated based on 100 scores. (i) Evaluation of Technical & Commercial Bids The following criteria shall be used to evaluate the Technical & Commercial Bids. Bidders approach/strategy for reduction of AT&C losses mentioned in technical proposal along with case study for GIS survey and/or copies of approved DPRs and experience certificates issued by the concerned department / organization submitted by the Bidder will be evaluated based on the criteria below: A 1. Organizational Strength (15 marks) The bidder should be a Private / Public Limited company registered under the Companies Act, 1956 or a registered firm. The company/firm should be in existence for more than 3 years. (Submit proof of registration) 2. The Annual Turnover of the bidder should be at least Rs. 10 Crores on average for last 3 financial years. (Submit extract of audited balance sheet) 3 The bidder must have on its roll at least 10 technically qualified professionals with certification as 10-20 professionals: 1 mark 20-30 professionals: 2 marks 31-40 professionals: 3 marks Above 40 professionals: 5 marks Rs. 10-15 Cr.:3 marks Above Rs. 15 Cr.:5 marks Marks 3-4 years: 3 marks. Above 5 years: 5 marks

professionals (consultants) involved in active projects of similar nature. Bidder to submit declaration letter to this affect from their HR. (Submit CVs including qualification and experience of last five years) B 1. Technical Solution Offered (35 marks) Approach / Strategy for reduction of AT&C losses including plan for GIS Survey. (Submit plan)
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2.

Experience of preparation of DPRs. (Submit certificates from concerned organization)

1-3 Towns: 3 Marks 4-8Towns:8Marks Above 8 Towns:15 Marks

Experience of electrical network analysis using software tools. (Submit certificates from concerned organisation)

1-3 Towns: 3 Marks 4-8 Towns: 8 Marks Above 8 Towns:15 Marks

The Bidder must submit documents/certificates in respect of each item above for processing evaluation. The Technical scores will be calculated as BTS = A+B Where BTS - Evaluated technical score for the bidder under consideration out of 50. A Evaluated score for organizational strength B Evaluated score for technical solution (ii) Evaluation of Price Bids

Price Bids of only those bidders who qualify the technical evaluation will be opened. The Price Bids are to be quoted as percentage in respect to approved DPR costs estimates. The Price scores will be calculated as BPS = (LP/BP) x 50 Where BPS - Evaluated price score for the bidder under consideration out of 50. LP Lowest percentage quoted BP Percentage quoted by the bidder under consideration (iii) Final Evaluation of Bids

Final Evaluation - The overall score for a bidder will be calculated as follows: BOS = BTS + BPS Where BOS = overall marks (score) of bidder under consideration BTS - Evaluated technical score for the bidder under consideration out of 50. BPS - Evaluated price score for the bidder under consideration out of 50 19.8 Correction of Errors: a) Proposals will be checked by the Client for any arithmetic errors during the evaluation of the Financial Proposal. Errors will be corrected by the BSEB as follows: i) Where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and ii) Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, or between sub totals and total price, the unit or sub total price shall prevail and the total price shall be corrected. However, the owner shall be entitled to award the contract at the lowest of the prices arrived at from various schedules, identified for that purposes. b) The amount stated in the Financial Proposal will be adjusted by the BSEB in accordance with the above procedure for the correction of errors and shall be considered as binding upon the Bidder. If
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the Bidder does not accept the corrected amount of Financial Proposal, its Proposal will be rejected and EMD of the bidder will be forfeited and the Bidder will be liable for other appropriate action as decided by BSEB. 19.9 If there is no material deviation in the bid offers in respect of the RFP, the Tender Evaluation Committee of the BSEB will take decision on minor deviation if any. 20. 20.1 Post Qualification and Award Criteria The award shall be issued to the bidder who scores the highest overall marks (BOM) based on the techno-commercial-price evaluation detailed above. 20.2 The notification of award will constitute the formation of the Contract. The firm order on the successful bidder will be placed upon submission of following by the successful bidder:i) ii) 20.3 Unconditional acceptance of the LOI / PO Performance Bank Guarantee in the format attached as Annexure - 17 of this RFP The Client is not bound to accept the best evaluated bid or lowest bid or any bid and reserves the right to accept / reject any or all bids, wholly or in part, or to annul the bidding process at any time prior to the of contract without assigning any reason and without thereby incurring any liability to the affected Bidder or Bidders of the grounds for Clients action. 20.4 The successful Bidder if required to do so, may have to enter into a contract agreement with the Client as per General Conditions of Agreement under Annexure - 20 and other Conditions attached with the tender specification. 20.5 For signing the contract a duly authorized representative of the successful Bidder shall be indented, failing which it shall be considered that the Bidder is not interested in accepting the offer and actions as deemed fit shall be taken by Client without making any further correspondence with successful Bidder. 20.6 The Client will award the Contract to the successful Bidder whose bid has been determined to be substantially responsive and has been determined as the best evaluated bid, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. The Client shall be the sole judge in this regard. 20.7 The bidder shall ensure that the name of the BSEB does not appear in any of its advertisements, product demonstrations, sales promotion schemes, or any publicity initiatives, without obtaining explicit written permission of the BSEB in this regard. The BSEB, however, reserves the right to reject any such request made by bidder. 21. Splitting of Order The Client reserves the right to split the order among various successful bids in any manner it chooses, without assigning any reasons whatsoever. 22. 22.1 PRICES The Bidder shall quote for prices to be based on lumpsum percentage of approved DPR cost estimates for the entire scope of work. The approved cost estimates will be that which are approved by MoP/PFC for the particular town. 22.2 The bidder should quote FIRM prices as percentage exclusive of service tax. All price components shall remain firm during the execution of the contract and no price adjustment, whatsoever, on account of variation of input materials/labour cost or due to change in the rate/applicability of taxes/duties/levies shall be applicable. Any deviation in this regard shall not be acceptable by the Client.
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22.3 22.4

The rate of presently applicable service tax in % age is to be indicated. The bidder should quote prices in (a) Annexure - 21 for Consultancy and Preparation of DPRs for 64 (Sixty four) Towns and (b) Annexure - 22 for Assistance for Technical Evaluation of Bids received for works of the tender.

22.5 23.

Bidders quoting prices other than that as per specified format are liable for rejection. Taxes & Duties: For consultancy works presently only Service Tax are chargeable to Consultancy Agency. Sales tax, excise duty, local taxes and other levies, in respect of the transaction between the Client and the Bidder under the contract, if any, shall be treated included in the bid price and no claim on this behalf will be entertained by the Client. For income tax, surcharge on income tax and other corporate taxes, the bidder shall be responsible for such payment to the concerned authorities. If any new statutory tax / Govt. levy is introduced during the contract period, the difference of such tax already accounted for by the bidder in his bid and the new revised rate, if any, shall be considered for reimbursement or pay back, as the case may be, at actual on documentary evidence, provided they are directly affecting the cost of the scope of works. The Client shall be authorized to deduct income tax, commercial / any other tax as applicable from amount payable to the Bidder as per statutory requirements.

24. 24.1

Security Deposit / Performance Guarantee On acceptance of offer by the successful Bidder, the successful Bidder will have to deposit an amount equivalent to 10% of the total value of approved cost estimate of the DPR of Patna, in the form of Demand Draft / Bank Guarantee from any Nationalised / Scheduled Bank as Security Deposit / Performance Guarantee. In case of Bank Guarantee, it should be valid for the period of Performance Guarantee issued by any Nationalized / Scheduled Bank. Period of Security Deposit/Performance Guarantee shall be Execution period + 2 (two) year Warranty period.

24.2

Demand Draft / Bank Guarantee is to be drawn in favour of Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Patna. The Demand Draft should be drawn on any Nationalized/ Schedule Bank shall be payable at Patna.

24.3

The Security Deposit / Performance Guarantee shall have to be deposited within 7 (seven) days of approval of DPR of Patna by Ministry of Power/PFC.

24.4

The BSEB shall have the right to forfeit the Security Deposit / Performance Guarantee in the event of non-execution or part execution of the orders invoking the penalty clause.

24.5

The Security Deposit shall be returned to the successful bidder only after due and faithful performance of order as per terms and conditions of the order during entire contract period, provided there are no claims outstanding to be recovered from the Bidder.

24.6

In the event of the Consultancy Agencys inability to adhere to the aforesaid provisions, suitable penal action will be taken against them which may inter-alia include black-listing of the firm for future business with the BSEB for certain period or altogether.

25.

Penalty The time and the date of works to be performed as stipulated in the order shall be deemed to be the essence of the contract. In case of delay in execution or non-execution of the order, the BSEB, at its option shall either: Recover from the Agency a sum of 0.5% (half percent) of Security Deposit/Performance Guarantee per week, if the work is not completed as per schedule mentioned in Annexure

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- 16 (Time Schedule) or work not performed as directed by the Engineer-in-Charge / Project In-charge, subject to maximum of 10% (Ten percent) of Security

Deposit/Performance Guarantee. AND/OR cancel the contract for part or whole of the order, with liability on the Consultant. 26. Terms of Payments The payment to the Consultancy Agency for the performance of the works under the contract will be made by the Client as per the guidelines and conditions specified herein. All payment made during the contract shall be made through account payee cheque only. The final payment will be made on completion of all the works and on fulfillment by the Agency of all his liabilities under the contract. The payment will be made to successful Bidder, in the following manner: (a) Consultancy and Preparation of DPRs for 64 (Sixty four) Towns (Price as per Annexure - 21) 1. Mobilization Advance 10% DPR of Patna will be prepared first. Against the MoP/ PFC approved DPR cost estimates of Patna, the mobilization advance will be paid @ 10% of the Price Bid quote percentage of the approved DPR cost estimates of Patna. Mobilization Advance will be released against submission of BG of equivalent amount. 2. Submission of DPR of each town with BOQ/BOM and other details and PERT Charts including 30% Payment for DPR of each town will be @ 30% of the quoted percentage of the approved DPR cost estimates of the town in particular.

resumptions and acceptance & approval by BSEB 3. Sanction and approval of DPR of each town by PFC/MoP 50% Payment for DPR of each town will be @ 50% of the quoted percentage of the approved DPR cost estimates of the town in particular. 4. Submission of revised DPR, if required, and its sanction by 20% Payment for DPR of each town will be @ 20% of the quoted percentage of the approved DPR cost estimates of the town in particular with adjustment of Mobilisation advance.

PFC/MoP and if required, resubmission of BOQ / BOM and other details.

(b) Assistance for Technical Evaluation of Bids received for works (Price as per Annexure - 22) 1. Mobilization Advance 10% BID of Patna will be evaluated first. Against the PFC approved DPR cost estimates of Patna, the mobilization advance will be paid @ 10% of the Price Bid quote percentage of the approved DPR cost estimates of Patna. Mobilization Advance will be released against submission of BG of equivalent amount. 2. Submission of draft report of technical evaluation of Bids 40% Payment for acceptance of draft technical evaluation report of bids for works of each town will be @ 40% of the quoted percentage for preparation of the approved DPR cost estimates of the town in particular.

including BOQ/BOM for works to be executed for each town and its acceptance and approval by

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BSEB 3. Submission of Final Technical Evaluation Report of Bids 50% Payment for acceptance of final technical evaluation report of bids for works of each town will be @ 50% of the quoted percentage for preparation of the approved DPR cost estimates of the town in particular.

including BOQ/BOM for works to be executed its for each town and

including

acceptance

acceptance by BSEB. 26.1 Application for payments: o The contractor shall submit application for the payment in the prescribed proforma of the

Client. Proforma for application for payment is enclosed as Annexure - 26. o Each such application shall state the amount claimed and shall set forth in detail, in the

order of the payment schedule, particulars of DPR of Towns. o Every interim payment certificate shall certify the contract value of the works executed up to

the date mentioned in the application for the payment certificate, provided that no sum shall be included in any interim payment certificate in respect of the works that, according to the decision of the Engineer, does not comply with the contract, or has been performed, at the date of certificate prematurely. o The payment of the bill value so raised will be made within 45 days by the BSEB after the

completion of all contractual formalities & statutory deduction. 26.2 Authorisation for Payments:

The Consultant shall submit bills / invoice in triplicate copies for payments due at milestones indicated in the payment schedule along with related documents to Chief Engineer (RE) In-charge R-APDRP, BSEB, Patna as the case may be. The Consultancy Agency will submit a completion report and a certificate from the Engineer-in-Charge of the town concerned for submission for DPR as in proof of having surveyed the distribution system of the particular town and having had comprehensive discussions with the Engineer-inCharge. The Electrical Executive Engineer (Planning) (R-APDRP), BSEB will certify the receipt of documents/goods as required, and obtain the necessary approvals from the competent authority of BSEB and forward the invoices with verification certification to the Nodal Officer (R-APDRP), BSEB for counter signature and submission to the Chief Engineer (RE) In-charge R-APDRP, BSEB. The Chief Engineer (RE) In-charge R-APDRP, BSEB will approve the invoices and authorize payments. 26.3 Paying Authority: The Deputy Director of Accounts (Headquarter), Bihar State Electricity Board, Patna will be the Payment Authority. 27. 27.1 CONSORTIUM In case the Bidder is a consortium of firms then, the Bidder can submit its bid in consortium with NOT more than one firm in any case. 27.2 Name, address, present business, financial status, work experience of all the individual member firms have to be given separately. Legal agreement detailing, arrangement and period of collaboration, involvement and responsibilities of individual members has to be defined clearly. A copy of the consortium agreement satisfying all above conditions shall be submitted with the bid. 27.3 The Bidder from the consortium must satisfy the pre-qualification requirements mentioned in this specification. The consortium shall have a lead partner who should meet not less than 50%

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of the financial requirements. The bid shall be signed such as to be legally binding on all the members of the consortium jointly and severally. 27.4 The Bidder shall be designated lead member who shall be in charge of the consortium and be duly authorized with power of attorney from constituent members to sign all the documents, income liabilities, receive instructions, and receive payment /financial transactions.for and on behalf of the consortium. All correspondence and communication shall be done with lead member only. 28. Jurisdiction Any dispute or difference, if any, arising out of or in respect of this tender or contract / agreement are due to be settled exclusively at any competent court situated at Patna only. Unless stated specifically anything contrary, it shall be deemed the bidder have agreed to all. term and conditions mentioned in this tender and the same shall be binding on the bidder. 29. Arbitration If, at any time, any question, dispute or difference, whatsoever shall arise between the BSEB and the Successful Bidder out of the work or anyway connected with this contract / agreement, shall be resolved through arbitration of nominated arbitrator/s under provision of Indian Arbitration and Conciliation Act 1996 & rules made there under shall be applicable The place of arbitration shall be at PATNA . 30. Force Majeure If at any time, during the continuance of this contract, the performance in whole or in part by either party under obligation as per the contract / agreement is prevented or delayed by reasons of any war or hostility, act of public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions, strike, lockout or acts of god (here after referred to eventuality), provided notice of happening of any such eventuality is given by either party to the other within 3 (three) days of the date of occurrence thereof, neither party shall by reason of such an eventuality be entitled to terminate this contract nor shall either party have any claim or damages against the other in respect of such non-performance or delay in performance. 31. Correspondence Copies of all correspondence on the subject should be sent to Chief Engineer (RE) Incharge R-APDRP, Bihar State Electricity Board, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna800021. In addition, statements showing the details of work completed should also be submitted to Chief Engineer (RE) In-charge R-APDRP, BSEB, Patna after completion. 32. Annexures: 1. 2. 3, 4. 5. 6. 7. 8. 9. 10. 11. Annexure-1: Annexure-2: Annexure-3: Annexure-4: Annexure-5: Annexure-6: Annexure-7: Annexure-8: Annexure-9: Annexure-10 Annexure-11: Guidelines issued by PFC for preparation of Part-B DPRs. Tender Submission Form Declaration for Bid Submission General Particulars Information to Bidders Declarations by Bidder Techno Commercial Questionnaires Details of Similar Work Experience Annual Turnover Statement Deviations from Commercial Specifications Deviations from Technical Specifications

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12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.

Annexure-12: Annexure-13: Annexure-14: Annexure-15: Annexure-16: Annexure-17: Annexure-18: Annexure-19: Annexure-20: Annexure-21: Annexure-22: Annexure-23: Annexure-24: Annexure-25: Annexure-26: Annexure-27: Annexure-28: Annexure-29:

Deviations from Instruction to Bidders Deviations from General Requirement Specifications Deviations from General Conditions of Contract Agreement Submission of Earnest money Time Schedule Bank Guaranty towards Performance Security Deposit Agreement Form of Bank Guarantee for Advance Payment General Provisions & General Conditions of Contract Price Bid Consultancy and Preparation of DPRs Price Bid Assistance for Technical Evaluation of Bids for Works Undertaking Qualifications Requirement Questionnaires Scope of Work for Preparation of DPRs Proforma of Application for Payments Formats for Preparation of DPRs List of Towns under R-APDRP Details of Assets of Towns of Bihar for Implementation of Part-B

Chief Engineer (RE) In-charge R-APDRP

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Annexure - 1 GUIDELINES ISSUED BY PFC FOR PREPARATION OF PARTB DPRs Broad guideline: The following guidelines may be followed for preparation of DPRs for Part B in consultation with Chief Engineer (RE) In-charge R-APDRP/Nodal Officer R-APDRP of Bihar State Electricity Board. These guidelines (MoP/PFC Guidelines for PartB R-APDRP dated 12.01.2010) are in addition to other guidelines issued by Ministry of Power/Power Finance Corporation for preparation of DPRs for Part-B :1. Return on investment for the project shall not be less than 10%. 2. Project shall be preferably executed on turnkey basis. 3. Planning for LT lines, DTs etc shall be done, considering load growth for three years and existing utilization of transformation capacity & lines. 4. Planning for 11 KV lines, Power Transformers and Primary Sub-Stations shall be done, considering load growth for five years. 5. For calculation of future Load, the growth may be on the basis of average of last five year load growth. 6. Total capacity of Distribution Transformers may be upto 200% of the Power Transformer capacity. 7. Capacity enhancement of DTs shall not be done in isolation. Capacity enhancement of LT lines shall also be clubbed with capacity enhancement of DTs. 8. All categories of consumer meters can be proposed in Part-B of R-APDRP scheme for replacement from electromechanical to electronic meters. AMIs can be considered for deployment. The meters shall be tamper proof electronic meter, as per R-APDRP guidelines issued from time to time. 9. Point No.19 of Part-B DPR guideline shall be replaced with Distribution Transformers procured under RAPDRP scheme, shall have efficiency level equivalent / better than that of three star ratings of BEE, where ever BEE standard is applicable. For other DTs, where, BEE standard is not applicable, CEA guidelines shall be followed (available on CEA web site) ". 10. Point No.20 of Part-B DPR guideline shall be replaced with In case of new 11 KV feeders/sub-stations / DTs are installed at any point of time after sanction of Part-A, utility must make provision for installing AMR at appropriate points and ensure integration with IT system proposed/installed in Part-A. 11. In case of any new asset created at any point of time after sanction of Part-A, Utility must make provision for installing AMR at appropriate points and ensure integration with IT system proposed / installed in Part-A. Utility should also use GPS survey through GPS machine for new assets created during implementation of Part-B scheme and subsequent thereof. The following items may be included by the utilities under PART B: S.NO. 1. Nature of work Replacement of existing HT & LTCT Electromechanical consumer meters with two way (AMR compatible, open protocol) tamper proof electronic meters. For replacement of whole current electromechanical consumer meters, the guidelines of CEA shall be adopted. 2. If existing service line is prone to tamper and pilferage the same shall be replaced with armored or XLPE cable for which minimum configuration should be : (i) Single Phase consumers: min. 4 sq.mm (ii) Three Phase consumers: min. 6 sq.mm
RFP for Part-B Consultancy - Bihar SEB

Evaluation method The utility shall provide the number of such consumers.

The replacement of service cable for maximum 25% consumers of the town may be allowed. In exceptional case the quantity can be increased.

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3.

Installation of new Distribution Transformers in following cases: (i) If the length of LT feeder is more than 300 mtr then new Distribution transformer may be proposed to improve HT: LT ratio. (ii) If existing peak load on DT is more than 70% of its rated capacity then new DT may be proposed. (iii) Even if the length of LT feeder is below 300 meter but the peak load on the feeder is more than 70% of rated thermal capacity of the conductor, new DT should be installed or conductor should be replaced by higher size.

4.

Provision of Isolator, HT fuse / horn gap & LA at each Distribution Transformer, if not provided earlier.

Alternatively this isolator, HT fuse / horn gap fuse can be replaced with drop out fuse with On Load maintenance facility thereby reducing system interruptions. 5. Provision of LT distribution box for control and protection of outgoing LT circuits. 6. Each Distribution Transformer of 25 KVA & above shall be provided with minimum two LT feeders. In case of only one existing LT feeder, scheme for laying new LT circuit may be prepared. 7. If the peak load on existing 11KV feeder is more than 75% of rated thermal capacity of the conductor, conductor with higher capacity may be proposed or feeder bifurcation may be proposed. If peak load on existing 33/11KV S/S is more than 80% of its transformer capacity or the O/G 11KV Feeders have peak load more than 75% of their thermal capacity , new 33/11KV S/S may be proposed. 11 Kv feeder segregation may also be proposed for (i) reducing boundary metering points (ii) reduce complexities involved in consumer indexing, GIS based asset mapping (iii) fixing greater accountability and responsibility 8. Intelligent Ring main unit & sectionaliser may be proposed for such town which fulfill any of the following criterion : (i) Where SCADA is proposed. (ii) Population of Town is more than 1 lakh. (iii) Annual energy input is more than 100 MU. (iv) Any other specific requirement. 9. The Distribution Transformer may be provided with the capacitors of following ratings at LT side: (i) 200 KVA:
RFP for Part-B Consultancy - Bihar SEB

The load growth of next five years should be worked out for the purpose of calculating the capacity. (Load growth shall be worked out on the basis of last five year average load growth).

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(ii) 100 KVA : 12 KVR (iii) 63 KVA : 8 KVR (iv) 25 KVA : 4 KVR The Distribution Transformer may be provided with reactive compensation controls along with appropriate capacitor banks to reduce system losses. 10. Installation of ABC cables in dense, theft prone & congested areas. Both HT & LT ABC may be proposed. The capacity of ABC shall be 20% more than that of bare conductor, as thermal overloading capacity of ABC is less than Bare conductor. 11. In theft prone area and to improve HT:LT ratio, HVDS may be proposed. Total capacity of HVDS shall be higher by 20% than conventional LT S/S. 12. For the towns where SCADA has been proposed , the following electrical interfaces shall be included in Part-B : (i) Battery Charger at each 33KV S/S if not available. (ii) Conversion of overhead 11 KV line with Underground 11 KV line with installation of Fault Passage Indicators. (iii) Motorized breaker for all incoming & outgoing feeders at 33 KV substations. (iv) Open protocol electronic relays (v) Ring Main Unit (SCADA Ready) / sectionaliser. (vi) Separate CTs for SCADA purpose may be considered. 13. 10% line length of 11 KV lines may be considered for auto re-closer (self healing) scheme.

Following documents shall be submitted for cost justification: Utility shall provide approved schedule of rate of current financial year for proposed works against justification of cost. OR Utility shall provide approved stock issue rate of current financial year for justification of material cost. Utility shall submit cost estimate of each and every proposed work as annexure. This will ensure the preliminary study and preparedness of the utility about the work. This will also help in appraising the proposed cost in DPR 12. The Consultancy Agency shall identify source of funding for total project cost and submit the same in DPR. If counterpart funding is through PFC, Utility shall submit a request for the same along with DPR proposal.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 2 (Submit with Part I) [ LETTER HEAD ] TENDER SUBMISSION FORM To, The Chief Engineer (RE) In-charge R-APDRP Bihar State Electricity Board, Vidyut Bhawan Jawahar Lal Nehru Marg, Patna 800021 Sir, With reference to your invitation to tender for RFP Identification No. _____/PR/BSEB/2010, I/We hereby offer to the Bihar State Electricity Board, Patna the supply and services in the work schedule and schedule of prices annexed herewith in strict accordance with the terms & conditions of the tender specifications of the Request for Proposal, to the satisfaction of the purchaser or in default thereof forfeit and pay to the Bihar State Electricity Board, Patna the sum of money mentioned in the said conditions. I/We agree to abide by this tender for the validity period of 180 days from the date for opening of the Technical & Commercial Part bid. A sum of Rs. .. (Rupees ) in the form of Demand Draft in favour of the Deputy Director of Accounts (Secretariat), Bihar State

Electricity Board, Patna is enclosed with Part-I of the offer as Earnest Money Deposit. A sum of Rs. .... (Rupees ) in the form of Demand Draft in favour of the Deputy Director of Accounts (Secretariat), Bihar State

Electricity Board, Patna is enclosed with Part-I of the offer as Tender Document Cost. I/We hereby undertake and agree to execute an Agreement in accordance with the conditions of the contract. Encl.: As above

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 3 (Submit with Part I) DECLARATION FOR BID SUBMISSION (To be executed on a non-judicial stamp paper of Rs.100/-) Tender invited by: Chief Engineer (RE) In-charge R-APDRP, Bihar State Electricity Board, Patna Tender for selection of Consulting Agency for (a) Conducting the study regarding development of electricity distribution infrastructure covering strengthening, improvement and augmentation of system capacity and preparing Detailed Project Report (DPR) under Part-B of R-APDRP Scheme, with the aim of reducing AT&C losses in 64 selected towns covered under the scheme, (b) Assistance for technical evaluation of bids received for works of strengthening, improvement and augmentation of distribution system to be executed after the sanction of the DPRs for the Towns. Name of Bidder: RFP Identification Specification No: Date of opening: IN CONSIDERATION of the Bihar State Electricity Board having treated the Bidder to be an eligible person whose tender may be considered, the Bidder hereby agrees to the condition that the proposal in response to the above invitation shall not be withdrawn within 180 days (or any extension thereof) from the date of opening of Technical & Commercial Bid of the tender, also to the condition that if thereafter the Bidder does, withdraw his proposal within the said period, the Earnest Money deposited by him may be forfeited by the Bihar State Electricity Board, Patna and at the discretion of the Client, the Client may debar the Bidder from tendering in the Bihar State Electricity Board for a minimum period of one year reckoned from the date of opening of the tender. A sum of Rs. 2,00,000/- (Rupees Two Lakh only) in the form of Demand Draft bearing no._____________________ dated ___________ in favour of Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Patna is enclosed with Part-I of the offer as Earnest Money Deposit. I/We hereby undertake and agree to execute Agreement in accordance with the conditions of the contract. Signed this Day of 2010

Signed by (Name) Signature

State title (whether Proprietor / Partner / Consortium / Director) Name of the firm / company. Address of the firm / company

Place Seal of the firm/company.

Witness (Name & Address)


RFP for Part-B Consultancy - Bihar SEB

Signature

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Annexure - 4 (Submit with Part II) [ LETTER HEAD ] GENERAL PARTICULARS RFP Identification No: ...... 1. Name of the Bidder (a) (b) (c) (d) (e) (f) (g) Head Office address Registered Office address Postal address of Bidder Telegraphic address E-mail Telephone Fax

2. Whether manufacturer of equipment for electricity industry 3. Works of manufacture: If any Location with full postal address

4.

Name and address of local representative and his telephone number

5.

Name and address of the officer of the Bidder to whom all reference shall be made for expeditious co-ordination.

6.

Whether the Bidder is sole proprietor / partnership concern / Private Ltd. Company / Public

undertaking / Joint venture / Consortium 7. Name of foreign collaborator, if any.

Authorized capital of the company.

9.

Total annual turnover of the firm during last three financial years.

10.

State whether any relative (s) of Proprietor / Directors is working in Bihar State Electricity Board

YES / NO

11.

Ten percent (10%) Performance Security in terms of requirement of specification is to be deposited within 7 days of placement of order. Whether or

YES / NO

12. 13. 14. 15.

not willing to deposit. If no state reasons. Give Service Tax registration Number Whether quoted price are firm Whether service tax quoted or not. Terms of payment as mentioned in relevant clause are acceptable or not YES / NO YES / NO YES / NO

RFP for Part-B Consultancy - Bihar SEB

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16.

Give Sales Tax / Trade Tax Number, (Enclose last clearance certificate) i) Central ii) State

17.

Income Tax Clearance Certificate of current and the preceding year enclosed or not.

YES / NO

18.

Have you ever been declared bankrupt? If yes, please give details.

YES / NO

19.

Whether the Bidder is agreeable to execute the contract in case the deviations stipulated by him are not acceptable to the client.

YES / NO

20.

Give two reference (Name, Designation and complete postal address) who can certify Bidders financial status and capacity to undertake such works. One of the references should be from any Scheduled/Nationalized Bank in India.

YES / NO

21.

Have you offered any discount and if so, whether rebate/discount is in rupees or percentage

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 5 INFORMATION TO BIDDERS The bidders are invited to submit Techno-Commercial & Financial proposals including qualification requirements for providing (a) Conducting the study regarding development of electricity distribution infrastructure covering strengthening, improvement and augmentation of system capacity and preparing Detailed Project Report (DPR) under Part-B of R-APDRP Scheme, with the aim of reducing AT&C losses in 64 selected towns covered under the scheme, (b) Assistance for technical evaluation of bids received for works of strengthening, improvement and augmentation of distribution system to be executed after the sanction of the DPRs for the Towns. 1. Please note that (i) the costs of preparing the proposal and of negotiating the contract, including visits to the Client, are not reimbursable as a direct cost of the assignment; and (ii) the Client is not bound to accept any of the proposals submitted. 2. The bidder shall provide professional, objective, and impartial advice and at all times hold the Clients interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. Bidder shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of not being able to carry out the assignment in the best interest of the Client. 3. Bidders may be hired for downstream work, when continuity is essential, in which case this possibility shall be indicated in the Data Sheet and the factors used for the selection of the consultant should take the likelihood of continuation into account. It will be the exclusive decision of the Client whether or not to have the downstream assignment carried out, and if it is carried out, which consultant will be hired for the purpose. 4. The Bidder shall observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Client: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution; and (ii) fraudulent practice means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Client, and includes collusive practices among bidders (prior to or after submission of proposals) designed to establish prices at artificial, noncompetitive levels and to deprive the Client of the benefits of free and open competition. (b) will reject a proposal for award if it determines that the firm selected for award has engaged in corrupt or fraudulent activities in competing for the contract in question; 5. Bidders shall be aware of the provisions on fraud and corruption stated in the standard contract practices. 6. Bidders may request a clarification of any of the bid documents to resolve any issues with regard to

the tender specifications. Any request for clarification must be sent in writing by paper mail, cable, telex, facsimile, or electronic mail to the Clients address indicated above. 7. The Client may at its discretion extend the deadline for the submission of Proposals.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 6 (Submit with Part III) [ LETTER HEAD ] DECLARATION BY THE BIDDER (To be submitted on non judicial stamp paper of Rs.100.00) (In case director or any relationship of the directors of the firm exist with any BSEB Officer or employees retired or serving) I/We....Director(s) of

M/s............ hereby declare that the following serving or retired officers or employees of the Bihar State Electricity Board (including companies formed) are partners or have shares or have interest in the firm. (i) 1. 2. 3. 4. Name(s) Status in BSEB Address/Telephone No.(s) Status in the firm (ii) (iii)

And/OR The relationship of the Director(s) of the firm exists with the following serving or retired officer or employees of Bihar State Electricity Board (including companies formed). The relationship to the extent of Wife, Father, Mother, Son, Daughter, Son-in-law or Daughter-in-law, Nephew & Niece etc., is to be considered. (i) 1. 2. 3. 4. Name(s) Status in BSEB Address/Telephone No.(s) Relationship with the Director(s) (ii) (iii)

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 7 (Submit with Part III) [ LETTER HEAD ] TECHNO-COMMERCIAL QUESTIONNAIRE The bidders are requested to confirm acceptance of following terms and conditions along with documentary proof. This schedule must be submitted as Part-III of the offer duly filled, signed & stamped along with supporting documents: Name of Bidder: ______________________________________________________________ Sl. No. Particulars Confirm Acceptance (Yes / No) 1 Turnover Whether Minimum Average Annual Turnover is as per the tender requirement 2 Tender Document Cost Tender Document Cost deposited before last date and time of bid submission. 3 Validity Whether the offer is valid for 180 days from the date of opening of Technocommercial bid 4 Earnest Money Details of Earnest Money Deposits furnished. Rs. 2,00,000/- (Rupees Two Lakh only) in the form of Demand Draft in favour of Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Patna. 5 Taxes and Duties Please Conform that prices quoted are on FIRM basis inclusive of all Charges/Taxes / Duties except service tax. 6 The bidder should have experience of mobilization of input data and creation of computer model of at least 1000 km of Electrical Network 7 Security Deposit Whether agreeable to furnish Security Deposit/Performance Guarantee @ 10% (ten percent) as Demand Draft/Bank Guarantee as stipulated in Clause 24 of tender document 8 Payment clause Whether agreeable to Payment terms as per Clause 26 stipulated in tender document. 9 Penalty Clause Whether agreeable to Penalty clause stipulated in Clause 25 of tender document 10 Variation Clause Whether agreed to Variation Clause 18 of tender document. 11 Acceptance of Part / whole Bids / modification Rights there of Whether agreed as per Clause 17 of tender document. 12 Unconditional Discounts / Rebates if any

RFP for Part-B Consultancy - Bihar SEB

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13

Eligibility Criteria Documents Whether documents are attached as stipulated in Clause 9 of document tender

14

Whether the bidder is old contractor of BSEB If yes, whether documentary evidence is enclosed. Indicate details for which orders are already available with you as on the date of submission of this bid along-with photocopies of such orders.

15

Confirm that bidder have gone through the Technical Specifications of various items detailed in Tender Document and will supply the material conforming to specifications.

16

Whether photocopy of the following have been enclosed a) Certificate of Incorporation b) Memorandum and Article of Association of the Company c) Sales Tax Registration (TIN) d) Service Tax Registration e) Permanent Account Number (PAN) f) Profit and loss accounts and Turn over for last 3 years duly certified by the

Charted Accountant up to the last financial year g) Copies of Income Tax Return for last 3 Years 17 List of Directors, their names, addresses, telephone numbers .& mobile numbers 18 19 Any other information that bidder may, like to give in order to highlight his offer. Bidder has carefully read General Terms & Conditions of the Tender Document and accepted the same

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 8 (Submit with Part III) [ LETTER HEAD ] Details of similar Work Experience We furnish herewith the record of our performance and experience of quoted items as follows: S.N. Name and Address of order placing authority Order Number and Date Details of work for which orders placed Details of works executed and Actual Completion Date Value of Order (Rs.)

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

Note: - Photocopy of the orders & satisfactory completion / performance reports received from order placing authorities should be enclosed.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 9 (Submit with Part III) [ LETTER HEAD ] Annual Turnover Statement

Financial Year

Annual Turnover (Rs.)

Profit / Loss (Rs.)

2006 2007

2007 2008

2008 2009

2009 2010

(1)

In case bidder is a consortium of Firms, turnover of its lead member may be detailed separately year wise. All the members of consortium shall have to fill above particulars, separately.

(2)

Certified Copies of audited Balance sheets with Profit & Loss account statement for last 3 years must be enclosed along with the bid

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 10 (Submit with Part III) [ LETTER HEAD ] DEVIATIONS FROM COMMERCIAL SPECIFICATIONS The deviations & variations to the Commercial specifications stipulated in the tender, for the items quoted are, as under:Sl. No. Condition Clause No. of tender document Page No. of Tender document Statement of deviations and Variations 1 2 3 4 5

i/We certify that except for aforesaid deviations, the entire order, if placed, on us shall be executed in accordance with your specifications and any other conditions, variations/deviations etc. if found, elsewhere in our offer should not be given any considerations while finalizing the tender.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

All deviations from the "Commercial Specification" shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are not deviation (s), the 'NIL' Information should be furnished.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 11 (Submit with Part-III) [ LETTER HEAD ] DEVIATIONS FROM TECHNICAL SPECIFICATIONS The deviations & variations to the Technical specifications stipulated in the tender, for the items quoted are, as under:Sl. No. Condition Clause No. of tender document Page No. of Tender document Statement of deviations and Variations 1 2 3 4 5

i/We certify that except for aforesaid deviations, the entire order, if placed, on us shall be executed in accordance with your specifications and any other conditions, variations/deviations etc. if found, elsewhere in our offer should not be given any considerations while finalizing the tender.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

All deviations from the "Technical Specification" shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are not deviation (s), the 'NIL' Information should be furnished.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 12 (Submit with Part-III) [ LETTER HEAD ] DEVIATIONS FROM "INSTRUCTION TO BIDDERS The deviations & variations to the Instructions to Bidders specifications stipulated in the tender, for the items quoted are, as under:-

Sl. No.

Condition

Clause No. of tender document

Page No. of Tender document

Statement of deviations and Variations

i/We certify that except for aforesaid deviations, the entire order, if placed, on us shall be executed in accordance with your specifications and any other conditions, variations/deviations etc. if found, elsewhere in our offer should not be given any considerations while finalizing the tender.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

All deviations from the "Instructions to Bidders" shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are not deviation (s), the 'NIL' Information should be furnished.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 13 (Submit with Part III) [ LETTER HEAD ] DEVIATIONS FROM GENERAL REQUIREMENT SPECIFICATIONS The deviations & variations to the General Requirement specifications stipulated in the tender, for the items quoted are, as under:Sl. No. Condition Clause No. of tender document Page No. of Tender document Statement of deviations and Variations 1 2 3 4 5

i/We certify that except for aforesaid deviations, the entire order, if placed, on us shall be executed in accordance with your specifications and any other conditions, variations/deviations etc. if found, elsewhere in our offer should not be given any considerations while finalizing the tender.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

All deviations from the "General Requirement Specification" shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are not deviation (s), the 'NIL' Information should be furnished.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 14 (Submit with Part III) [ LETTER HEAD ] DEVIATIONS FROM GENERAL CONDITIONS OF CONTRACT AGREEMENT The deviations & variations to the General Conditions of contract Agreement specifications stipulated in the tender, for the items quoted are, as under:Sl. No. Condition Clause No. of tender document Page No. of Tender document Statement of deviations and Variations 1 2 3 4 5

i/We certify that except for aforesaid deviations, the entire order, if placed, on us shall be executed in accordance with your specifications and any other conditions, variations/deviations etc. if found, elsewhere in our offer should not be given any considerations while finalizing the tender.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

All deviations from the "General Conditions of contract Agreement Specification" shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are not deviation (s), the 'NIL' Information should be furnished.

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 15 (Submit with Part I) [ LETTER HEAD ] SUBMISSION OF EARNEST MONEY

I/We

hereby

submit

the

Earnest

Money

of

Rs.

_______________________

(Rupees

_______________________________________________ ) against tender No. RFP Identification No. ________________________ for selection of Consulting Agency for (a) Conducting the study regarding development of electricity distribution infrastructure covering strengthening, improvement and augmentation of system capacity and preparing Detailed Project Report (DPR) under Part-B of R-APDRP Scheme, with the aim of reducing AT&C losses in 64 selected towns covered under the scheme, (b) Assistance for technical evaluation of bids received for works of strengthening, improvement and augmentation of distribution system to be executed after the sanction of the DPRs for the Towns. vide Demand Draft No. ______________________________ Dt. _______________ issued from ________________________________________, _____________________ in favour of Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Patna.

Enclosed:

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure - 16 (Submit with Part III) [ LETTER HEAD ] Time Schedule Time Schedule for works to be done by the successful Consultant are as under: Time Schedule Sl.No. 1 Works to be Performed by the Contractor Submission of DPR of first five (5) no. Towns including Patna 2 Submission of DPR of next ten (10) no. Towns 35 Days from Date of LOI (In working days) 21 Days from Date of LOI

3 4

Submission of DPR of next twenty five (25) no. Towns Submission of DPR of balance twenty four (24) no. Towns

60 Days from Date of LOI 90 Days from Date of LOI

Assistance for Technical Evaluation of bids received against works to be executed for strengthening,

One month

after

opening of

Technical Commercial Bids for works of 64 towns

improvement and augmentation of distribution system capacity


ST

NOTE : (1) The first (I ) DPR prepared will be of Patna town distribution system under jurisdiction of PESU Electric Supply Area of Bihar State Electricity Board. (2) The phase-wise list and priority will be finalized by BSEB.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

RFP for Part-B Consultancy - Bihar SEB

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Annexure -17 (Submit with Part III) BANK GUARANTEE TOWARDS PERFORMANCE SECURITY DEPOSIT Bank Guarantee No __________________________________________________________ DT. _______________________________________ In consideration of the Bihar State Electricity Board, Patna having agreed to accept this Bank Guarantee in lieu of cash deposit by way of security for due and faithful performance required from M/s. _______________________________________ (organization name with address) herewith after referred to as Consultant, the bank _____________________________________________ hereby agreed unequivocally and unconditionally to pay within ________ hours on demand in writings from the Bihar State Electricity Board, Patna on any Officer authorized by it in this behalf of any amount up to and not exceeding Rs. ____________________ (Rupees _____________________________________________________________________ Only) to the said Bihar State Electricity Board, Patna on behalf of the aforesaid M/s.__________________________ _____________________________________ (organization name with address) who have tendered and contracted for the preparation of DPRs of Part-B of RAPDRP Scheme of 64 cities & Technical evaluation of bids received against capital works to be executed as per sanctioned DPRs to the said Bihar State Electricity Board,Patna against order No. _____________________________________ dated ________________________ for the order value of Rs. _________________ (Rupees __________________________________ Only) This agreement shall be valid and binding on this bank up to and including ________________________ or for such further period as may hereunder be mutually fixed from time to time in writing by the Bihar State Electricity Board, Patna and the contractors and shall not be terminable by notice or any change in the constitution of the aforesaid bank or the firm of contractors or by any other reasons whatsoever and the bankers liability hereunder shall not be impaired or discharged by any extensions of time/Variations or alternation made/given/conceded or agreed to with or without the banks knowledge or written consent by or between the Bihar State Electricity Board, Patna and the contractors in the existing and/or further tenders and contractors. It is agreed to by the Bank with the Company that if for any reason a dispute arises concerning the Banks liability to pay the requisite amount to the Company under the terms of this guarantee. The competent Court at Patna alone shall have the jurisdiction to determine said the dispute and that this shall be without prejudice to the liability of the Bank under the terms of his guarantee being unequivocal and unconditional as mentioned above. The liability under this guarantee is restricted to Rs. ________________ (Rupees ______________________________________________ Only). This guarantee shall remain in force until______________________ unless a demand to enforce a claim is made under this bank guarantee by the Company to the bank within Twelve months from that date i.e._________________. The rights of the Bihar State Electricity Board,Patna under this guarantee shall be forfeited and the bank shall be relieved and discharged from all liability there under: Signed For____________________________________ WITNESSES: 1. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------2. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(Bank) (Signature) (Name) (Address) (Signature) (Name) (Address)

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Annexure - 18 (Submit with Part III) AGREEMENT THIS AGREEMENT is made this ______________ day of _________________, ___________ between BIHAR STATE ELECTRICITY BOARD, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna-800021 (hereinafter called BSEB, Client, Purchaser) of the one part, and M/s ________________________ (hereinafter called Consultant, Consultancy Agency) of the other part: AND WHERAS the Client invited bids for selection of consulting agency for (a) Conducting the study regarding development of electricity distribution infrastructure covering strengthening, improvement and augmentation of system capacity and preparing Detailed Project Report (DPR) under Part-B of R-APDRP Scheme, with the aim of reducing AT&C losses in 64 selected towns covered under the scheme, (b) Assistance for technical evaluation of bids received for works of strengthening, improvement and augmentation of distribution system to be executed after the sanction of the DPRs for the Towns. and has accepted a Bid by the Consultant for the supply of those Related Services in the sum of Rs. _____________ (Rupees________________________ )(herein after called the Contract Price). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract referred to. 2. The following documents (collectively referred to as Contract Documents) shall be deemed to form and be read and construed as part of this Agreement, viz.: a) The Detailed award of contract. b) The General Conditions of Agreement (Annexure - 20) c) Service Level Agreement d) The time schedule of submission of DPRs e) Instructions to Bidders f) The Clients Notification to the Supplier for Award of Contract; (Letter of Intent (LOI). g) Consultants response (proposal) to the RFP, including the Bid Submission Sheet and the Price h) Schedules submitted by the Supplier; i) Contract Forms j) Bidders acceptance of Clients notification In the event of any discrepancy or inconsistency within the Contract documents, then the documents shall prevail in the order listed above. 3. In consideration of the payments to be made by the Client to the Consultant as indicated in this Agreement, the Consultant hereby covenants with the Client to provide the Related Services and to remedy defects therein in conformity in all respects with the provisions of the Contract. 4. The Client hereby covenants to pay the Consultant in consideration of the provision of the Related Services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of ________________________ on the day, month and year indicated above. Signed by ______________________________ (Authorized Official for the Client) Signed by ______________________________ (Authorized Official for the Bidder)
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Annexure - 19 (Submit with Part III) Form of Bank Guarantee for Advance Payments (To be stamped in accordance with Stamp act, if any, of the country of issuing bank) Ref: _____________ Bank Guarantee: ________________ Date: ____________ Dear Sir, In consideration of ___________________(hereinafter referred as the "Client", which expression shall, unless repugnant to the context or meaning thereof include it successors, administrators and assigns) having awarded to M/s_______________________ (hereinafter referred to as the " Consultant" which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a agreement by issue of Client's Agreement No. ________________dated __________and the same having been unequivocally accepted by the Consultant, resulting in a Agreement valued at Rs.__________ for _________________ Agreement hereinafter called the (scope of work) and the Client having agreed to make an advance payment to the Consultant for performance of the above Agreement amounting to Rs. _________________________(in words and figure) as an advance against Bank Guarantee to be furnished by the Consultant. We_______________________(Name of the Bank) having its Head Office at _____________________ (here in after referred to as the Bank), which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators executors and assigns) do hereby guarantee and undertake to pay the Client immediately on demand any or all money payable by the Consultant to the extent of ____________ as aforesaid at any time up to ___________________ with out any demur, reservation, contest, recourse or protest and/or without any reference to the Consultant. Any such demand made by the Client on the Bank shall be conclusive and binding not-with-standing any difference between the Client and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Client discharges this guarantee. The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary the advance or to extend the time for performance of the agreement by the Consultant. The Client shall have the fullest liberty without affecting this guarantee to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Client and to exercise the same at any time in any manner and either to enforce or to enforce any covenants, contained or implied, in the Agreement between the Client and the Consultant any other course or remedy or security available to the Client. The bank shall not be relieved of its obligations under these presents by any exercise by the Client of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Client or any other indulgence shown by the Client or by any other matter or thing whatsoever which under law would but for this provision have the effect of relieving the Bank. The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Consultant and notwithstanding any security or other guarantee that the Client may have in relation to the Consultant's liabilities. The Bank hereby also undertakes to have the signature of Branch Manager issuing the Bank Guarantee verified from the local branch of the bank in Bihar. Notwithstanding anything contained herein above our liability under this guarantee is limited to___________ and it shall remain in force up to and including_______ _______ and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s_____________________________ on whose behalf this guarantee has been given. Dated this ______________day of__________ 20_______ at_________________ WITNESS _____________________ ________________________ (Signature) (Signature) _____________________ ________________________ (Name) (Name) _______________________ _______________________ _______________________ _________________________ Designation (with Bank stamp) (Official Address) Dated_________________ No__________ Attorney as per Power of Attorney

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Annexure - 20 (Submit with Part III) GENERAL PROVISIONS & GENERAL CONDITIONS OF AGREEMENT 1. GENERAL PROVISIONS 1.1 Definitions:

Unless the context otherwise requires, the following term whenever used in this Agreement have following meanings: a) Agreement means the Agreement signed by the Parties, together with all documents/Appendices attached hereto and includes all modifications made hereafter in term of the Provisions. b) Applicable Law means the laws and any other instruments having the force of law in the India and the state of BIHAR as they may be issued and in force form time to time. c) Bank means any scheduled/nationalized bank so designated by Bihar State Electricity Board for their banking transactions relating to this agreement. d) Chief Engineer (RE) In-charge R-APDRP / C.E. (RE)" means a Chief Engineer appointed as Chief Engineer In-charge R-APDRP, BSEB by Bihar State Electricity Board, Patna. e) Client / Purchaser / BSEB means Bihar State Electricity Board with its present address at Vidyut Bhawan, Jawaharlal Nehru Marg, Patna-800021 (hereinafter called the BSEB); f) Consultant / Consultancy Agency means the successful bidder on whom award of consultancy services has been placed and includes sub-consultant and their personnel engaged for carrying out of services under this agreement; i) j) Currency means the Indian Rupees; Effective Date means the date on which this Agreement comes into force.

k) Electrical Superintending Engineer / E.S.E. means Electrical Superintending Engineer of concerned Project Implementation Unit of Bihar State Electricity Board and includes Electrical Executive Engineer working under him; l) Engineer-in-Charge means any Chief Engineer / Electrical Superintending Engineer / Electrical Executive Engineer / Assistant Executive Engineer / Assistant Electrical Engineer so authorized by BSEB to act and supervise, as the case may be. m) "Nodal Officer" means an officer appointed as Nodal Officer for Part-B of R-APDRP scheme at headquarters of BSEB, PATNA. n) Party means the Client or the Consultants, as the case may be, and Parties means both of them; o) Personnel means persons hired by the Consultants or by any sub-consultant as employees and assigned to the performance of the Services or any part thereof; p) Project Work means supervision and quality control work of Project work which shall be awarded for the consultancy services at the time of issuing contract award to successful bidder or subsequently as provided in the contract award. q) Services means the work to be performed by the Consultants pursuant to this Agreement for the purposes of the project. r) Starting Date means the date of commencement of services.

s) Sub-Consultant means any entity to which the consultant sub-contracts any part of the services in accordance with the provisions. t) Third Party means any person or entity other than the Government, the Client, or the Consultants;

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1.2

Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Client and the Consultants. The Consultants, subject to this Agreement, have complete charge of personnel and sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 1.3 Law Governing the Agreement:

This Agreement, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law. All the manpower deployed under the contract should be governed by the applicable law and has to be insured and should indemnify the Client from all the liabilities. 1.4 Language

This Agreement has been executed in English, which shall be the binding and controlling language for all matters relating to the meaning interpretation of this agreement. 1.5 Interpretation

In this Contract unless a contrary intention is evident: a. the clause headings are for convenient reference only and do not form part of this Contract. The headings shall not limit, alter or affect the meaning of this Contract; b. unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses; c. unless otherwise specified a reference to a clause, sub-clause or section is a reference to a clause, sub-clause or section of this Contract including any amendments or modifications to the same from time to time; d. a word in the singular includes the plural and a word in the plural includes the singular; e. a word imparting a gender includes any other gender; f. a reference to a person includes a partnership and a body corporate;

g. a reference to legislation includes legislation repealing, replacing or amending that legislation; h. where a word or phrase is given a particular meaning it includes the appropriate grammatical forms of that word or phrase which have corresponding meanings; i. in the event of an inconsistency between the terms of this Contract and the Bid document and the proposal, the terms of this contract hereof shall prevail. 1.6 1.6.1 Notices Any notice, request or consent required or permitted to be given or made pursuant to this

Agreement shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, speed post, Telegram or facsimile to such Party at the addresses specified hereunder: Client: Bihar State Electricity Board Vidyut Bhawan, Jawaharlal Nehru Marg,Patna-800021 Attention: Chief Engineer (RE) In-charge R-APDRP Bihar State Electricity Board Vidyut Bhawan, Jawaharlal Nehru Marg, Patna-800021 Phone : 0612-2504409 / 2504666 FAX : 0612-2504666 / 2504968 Email : nodalofficerrapdrpbseb@yahoo.in
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Consultants: ___________________________ ______________________________ Attention: ________________________________ Phone __________________________ Telex ___________________________ E-mail __________________________ Facsimile _______________________ 1.6.2 Notice will be deemed to be effective as follows:

The notice shall be deemed to be effective in the manner and at time as specified as follows: (a) In the case of personal delivery, speed post or registered mail, on delivery; (b) In the case of Fax, telegrams and facsimiles 24 hours following confirmed transmission; 1.6.3 Location:

The services shall be performed at such locations as per Annexure- _____. (List of towns under R-APDRP) 1.6.4 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be executed under this Agreement by the Client or the Consultants may be taken or executed by the officials as under: For the Client: The Chief Engineer (RE) In-charge R-APDRP Bihar State Electricity Board Vidyut Bhawan, Jawaharlal Nehru Marg,Patna-800021 Phone : 0612-2504409 / 2504666 FAX : 0612-2504666 / 2504968 Email : nodalofficerrapdrpbseb@yahoo.in For the Bidder / Consultant: ________________________________ Address _________________________ Phone _________________________ Telex ___________________________ E-mail __________________________ Facsimile ________________________ 1.7 Taxes and Duties

The Consultants and the personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this agreement and the Client shall perform such duties in regard to the deduction of such tax as may be lawfully imposed. Fees quoted by Consultant must include all taxes and duties (except service tax & education cess on such service tax) levy-able in relation to this contract. The applicable Service Tax (along-with Education Cess on such service tax) shall be claimed over and above the quoted fees by the Consultant, and paid by him to the appropriate government timely and in proper manner as may be prescribed by law. Further, the Consultant is required to produce documents regarding payment of Service Tax time to time. If he fails to produce such document, his subsequent bills may be withheld for payment. 1.8 The conditions shown in letter of invitation, term of reference and financial offers shall form the part

of this agreement.

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2. 2.1

COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF AGREEMENT Effectiveness of Agreement

This agreement shall come into force and effect on the date (the Effective Date) of the Clients notice to the Consultants instructing them to begin carrying out of the services. 2.2 Termination of Agreement for Failure to Become Effective

If this Agreement has not become effective within such time period after the Agreement signed by the Parties as shall be specified in the bid document or this Agreement, either party may, by not less than 15 (fifteen) days written notice to the other Party, declare this Agreement to be null and void, and in the event of such a declaration by either party, neither Party shall have any claim against the other party with respect hereto. 2.3 Commencement of Services

The Consultants shall begin carrying out the Services within 7 (Seven) days after the effective date as specified in the agreement. The Consultant shall begin carrying out the Services immediately viz. from the date of issue of LoI/Letter of Award (the "Starting Date"), or on such date as the Parties may agree in writing. 2.4 Expiration of Agreement

Unless terminated earlier, the Agreement shall expire when services have been completed and all payments have been made at the end of such time period after the Effective date as shall be specified in the Agreement. 2.5 Liability of Parties

This agreement contains all covenants, stipulations and provisions agreed by the parties. No agent or representative of either Party has authority to make, and the Parties shall not bound by or be liable for, any statement, representation, promise or agreement not set forth herein. 2.6 Modification

Modifications of the terms and conditions of this Agreement, including any modification of the scope of the services, may only be made by written agreement between the parties. Pursuant to Clause 7.2 of this Agreement hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party. 2.7 2.7.1 Force Majeure Definition:

(a) For the purposes of this agreement, Force Majeure means an event which is beyond the reasonable control of a party, and which makes a partys performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes war, riot, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action are within the power of the party invoking force majeure to prevent, confiscation or any other action by Government agencies. (b) Force Majeure shall not include (i) Any event which is caused by the negligence or intentional action of a party or such partys subconsultant or agent or employees, nor (ii) Any event which a diligent party could reasonably have been expected to both (A) Take into account at the time of the conclusion of this Agreement and (B) Avoid or overcome in the carrying out of its obligations hereunder.

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(c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 2.7.2 No Breach of Agreement

The failure of a party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the party affected by such an event has taken all reasonable precautions, due and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this agreement. a) A party affected by an event of Force Majeure shall take all reasonable measures to remove such partys inability to fulfill its obligations hereunder with a minimum of delay. b) A Party affected by an event of Force Majeure shall notify the other party of such event as soon as possible, and in any event not later than 3 (three) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 2.7.3 Consultation

Not later than 7 (Seven) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. 2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such party was unable to perform such action as a result of Force Majeure. 2.7.5 Payments on event of Force Majeure of Client

During the period of their inability to perform the Services as a result of an event of Force Majeure on part of Client, the Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of services and in reactivating the Services after the end of such period. 2.8 Suspension

The Client by written notice of suspension to the Consultants, may suspend all payments to the Consultants hereunder, if the Consultants fail to perform any of their obligations under this Agreement, including the carrying out of the Services provided that such notice of suspension (i) shall specify the nature of the failure (ii) shall request the Consultants to remedy such failure within a period not exceeding 10 (ten) days after receipt by the Consultants of such notice of suspension. The Client for any reasons beyond his reasonable control may ask the Consultant to suspend whole or part of the work/services for such time till the reasons are removed or settled. The extra time period of such duration shall be granted as time extension on the original terms and conditions. 2.9 2.9.1 Termination By the Client

The Client, may by not less than 15 (fifteen) days written notice of termination to the Consultant, such notice to be given after the occurrence of any of the events specified in paragraphs (a) to (g) of this Clause, terminate this Agreement:
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a) If the Consultant fail to remedy the failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8 of this agreement hereinabove, within 10 (ten) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing; b) If the Consultants (or if the consultants consists of more than one entity, if any of their members) become insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; c) If the Consultants submit to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultants know to be false; d) If the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 9.3 of this agreement hereof; e) If as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than 45 (forty five) days; f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Agreement.

g) If the Consultant, in the judgment of the Client, was engaged in corrupt or fraudulent practices in competing for or in executing the agreement. For the purpose of this clause: Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in agreement execution. Fraudulent Practice means a misrepresentation of facts in order to influence a selection process or the execution of a agreement to the detriment of the Client, and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Client of the benefits of free and open competition. Collusive practices means a scheme or arrangement between two or more bidders, with or without the knowledge of the Client, designed to influence the action of any party in a procurement process or the execution of a contract; Coercive practices means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; h) The Client will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. 2.9.2 By the Consultants

The Consultants may, by not less than 30 (thirty) days written notice to the Client such notice to be given after the occurrence of any of the events specified in paragraphs (a) to (d) of this Clause, terminate this Agreement: (a) If the Client fails to pay any money due to Consultant pursuant to this Agreement and not subject to dispute pursuant to Clause 8 & 9 of this Agreement hereof within 45 (forty five) days after receiving written notice from the consultants that such payment is overdue; (b) If the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within 45 (forty five) days (or such longer period as the Consultants may have subsequently approved in writing) following the receipt by the Client of the Consultants notice specifying such breach;

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(c) If as the result of Force Majeure, the Consultants are unable to perform a material portion of the services for a period of not less than 45 (forty five) days; Or (d) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to clause 9.3 of this Agreement hereof. 2.9.3 Cessation of Rights and Obligations

Upon termination of this Agreement pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration of this Agreement pursuant to Clause 2.4 of this agreement hereof, all rights and obligations of the Parties hereunder shall cease, except: (i) Such rights and obligations as may have accrued on the date of termination or expiration, (ii) The obligation of confidentiality set forth in Clause 3.3 of this Agreement hereof, (iii) The Consultant's obligation to permit inspection, copying and auditing of their accounts and record set forth in Clause 3.7 of this Agreement hereof, (iv) The Consultants obligations regarding default in performance of the services in accordance of the provisions of the Agreement and for any loss suffered by the Client, whereof, as a result of such default, (v) Any right, which a party may have under the Applicable Law. 2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the other pursuant to Clauses 2.9.1 or 2.9.2 of this Agreement hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum with respect to documents prepared by the Consultants and equipment and materials furnished by the Client, the Consultants shall proceed as provided, respectively, by Clauses 3.9, 3.10 or 3.11 of this Agreement hereof. 2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 of this Agreement hereof, the Client shall make the payment pursuant to Clause 6 of this Agreement hereof for services satisfactorily performed prior to the effective date of termination, subject to other conditions of this Agreement, to the Consultants (after offsetting against these payments any amount that may be due from the Consultants to the Client): 2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) to (c) Clause 2.9.1 of this Agreement or in Clause 2.9.2 of this Agreement hereof has occurred, such Party may, within 30 (thirty) days after receipt of notice of termination from the other party, refer the matter to arbitration pursuant to Clause 9.3 of General Conditions of contract hereof. 3. OBLIGATIONS OF THE CONSULTANTS General 3.1 Standard of Performance

The Consultants shall perform the services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Agreement or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client s legitimate interests in any dealings with Sub-consultants or Third Parties. 3.2 Law Governing Services

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The Consultants shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub-consultants, as well as any personnel of the Consultant and/or sub-consultants and agents, comply with the Applicable Law time being in force. The Client shall advise the Consultants in writing of relevant local customs and the Consultants shall, after such notice, respect such customs. 3.2.1 Consultants not to benefit from Commissions, discounts etc.

The remuneration of the Consultants pursuant to Clause 6 of this Agreement hereof shall constitute the Consultants sole remuneration in connection with this Agreement or the services and subject to Clause 3.2.2 of this Agreement hereof, the Consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or to the Services or in the discharge of their obligations hereunder, and the Consultants shall use their best efforts to ensure that any of the Personnel and agents of either of them, similarly shall not receive any such additional remuneration. 3.2.2 Procurement Rules of Funding Agencies

If the Consultants, as part of the Services, have the responsibility of advising the Client on the procurement of goods, works or services, the Consultants shall comply with any applicable procurement guidelines applicable in the state of BIHAR and shall at all times perform such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the account of the Client. 3.2.3 Consultants and Affiliates not to engage in certain activities

The Consultants agree that, during the term of this Agreement and after its termination, the Consultants and any entity affiliated with the consultants, as well as any sub-consultant and any entity affiliated with such sub-consultant, shall be disqualified from providing goods, works or services (other than the services and any continuation thereof) for any Project resulting to the Services. 3.2.4 Prohibition of Conflicting Activities

The Consultants shall not engage and shall cause their personnel as well as Sub-consultants and their Personnel not to engage, either directly or indirectly, during the term of this Agreement, in any business or professional activities in the State of BIHAR, which would conflict, with the activities assigned to them under this Agreement. 3.3 Confidentiality

The Consultants, their sub-consultants and the personnel of either of them shall not, either during the term or within two (2) years after the expiration of this Agreement, disclose any proprietary or confidential information relating to the project, the services, this Agreement or the Client s business or operations without the prior written consent of the Client. 3.4 Limitations of the Consultants Liability towards Client:

(a) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out of the services, the Consultants, with respect to the damage caused by the Consultants to the Clients property, shall not be liable to Client (1) For any indirect or consequential loss or damage, and (2) For any direct loss or damage that exceeds: (i) the total payments for services made or expected to be made to the Consultant hereunder, or (ii) the proceeds Consultant may be entitled to receive from any insurance maintained by the Consultant to cover such liability, whichever of (i) or (ii) is higher.

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(b) The limitation of liability shall not affect the Consultants liability, if any, for damage to third parties caused by the Consultants or any person or firm acting on behalf of the Consultant in carrying out the services. (c) The Consultant or their personnel, if found to be involved in the gross negligence or willful misconduct, which cause damage to the interests of the BIHAR STATE ELECTRICITY BOARD shall be liable to the damages jointly with the works contractor. They or their personnel can also be subjected to the penal action under the appropriate Act of the Govt. of Bihar and/or other applicable laws for the time being in force. The Consultants liability under this Agreement shall be as provided by the applicable law. 3.5 Consultants liability towards risks and coverages:

The risks and coverages shall be as follows: (a) Third party motor vehicle liability insurance as required under Motor Vehicles Act 1988 in respect of motor vehicles operated in India by the Consultants or their personnel or any sub consultant or their personnel for the period of the consultancy. (b) Clients liability and workers compensation insurance in respect of the personnel of the Consultant and of any sub consultant, in accordance with relevant provisions of the applicable law, as well as, with respect to such personnel, any such life, health, accident, travel or other insurance as may be appropriate. 3.6 Insurance to be taken out by the Consultants

The Consultants (a) Shall take out and maintain, and shall cause any Sub-consultants to take out and maintain at their (or the Sub-consultants, as the case may be) own cost, insurance against the risks, and for the coverages, as specified in clause 3.5 above. (b) At the Clients request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums thereof have been paid. 3.7 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and records in respect of the Services, hereunder, in accordance with accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof and (ii) shall permit the Client or its designated representative periodically, and up-to one year from the expiration or termination of this agreement, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client . 3.8 Consultants Actions requiring Clients prior Approval

The Consultants shall obtain the Clients prior approval in writing before taking any of the following actions: (a) Appointing such members of the Personnel as are listed in Tender merely by title but not by name; (b) Entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection of the Sub-consultant and the terms of conditions of the Sub-Contract shall have been approved in writing by the Client prior to the execution of the sub-contract, and (ii) that the Consultants shall remain fully liable for the performance of the Services by the sub-consultant and its personnel pursuant to this Agreement; 3.9 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in numbers and within the time period set forth in the said Annexure and also furnish specific data/information called for by the Client as and when required. 3.10 Documents Prepared by the Consultants to be the Property of the Client

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All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultants for the Client under this Agreement shall become and remain the property of the Client. The Consultants shall, not later than upon termination or expiration of this Agreement, deliver all such documents etc. to the Client, together with a detailed inventory thereof. The Consultants may retain a copy of such documents and software. Restrictions about the future use of these documents and software, if any, shall be specified. 3.11 Equipment and Materials furnished by the Client

Equipment and materials made available to the Consultants by the Client or purchased by the Consultants with funds provided by the Client shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Agreement, the Consultants shall make available to the Client an inventory of such equipments and material and shall dispose of such equipments and materials in accordance with the Clients instruction. Equipments and materials, the Consultants, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their replacement value. 4. 4.1 CONSULTANTS PERSONNEL AND SUBCONSULTANTS General

The Consultants shall employ and provide such qualified and experienced Personnel and sub-consultants as are required to carry out the Services. 4.2 Removal and / or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants, shall forthwith provide as a replacement a person of equivalent or better qualifications acceptable to the Client, such replaced person shall be inducted only after approval by the Client; (b) If the Client (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the Consultants shall, at the Clients written request specifying the grounds therefor, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client. 4.3 Team Leader

The Consultants shall ensure that at all times during the Consultants performance of the Services in State of BIHAR a Project Manager/Team Leader, acceptable to the Client, shall take charge of the performance of such services. 5. 5.1 OBLIGATIONS OF THE CLIENT Assistance and Exemptions

The Client will assist to Consultant in grant of following:(a) Provide the Consultants, the sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants, sub-Consultants and Personnel to perform the Services; (b) Assist the Consultants, sub-consultants and the Personnel employed by them for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law; 5.2 Access to Land

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The Client warrants that the Consultants shall have free of charge unimpeded access to all land in the State of BIHAR in respect of which access is required for the performance of the Services. 5.3 Payment

In consideration of the Services performed by the Consultants under this agreement, the Client shall make to the Consultants such payments and in such manner as provided in the Agreement. 5.4 Authorisation for Payments: The Consultant shall submit bills / invoice in triplicate copies for payments due at milestones indicated in the payment schedule along with related documents to Chief Engineer (RE) In-charge RAPDRP, BSEB, Patna as the case may be. The Electrical Executive Engineer (Planning) (R-APDRP), BSEB will certify the receipt of documents/goods as required, and obtain the necessary approvals from the competent authority of BSEB and forward the invoices with verification certification to the Nodal Officer (RAPDRP), BSEB for counter signature and submission to the Chief Engineer (RE) In-charge R-APDRP, BSEB. The Chief Engineer (RE) In-charge R-APDRP, BSEB will approve the invoices and authorize payments. 5.5 Paying Authority: The Deputy Director of Accounts (Headquarter), Bihar State Electricity Board, Patna will be the Payment Authority. Taxes, as applicable, will be deducted at source by the Paying Authority from the Bills/Invoices of SDC as per Rules. 6. PAYMENTS TO THE CONSULTANTS

(a) Consultancy and Preparation of DPRs for 64 (Sixty four) Towns 1. Mobilization Advance 10% DPR of Patna will be prepared first. Against the PFC approved DPR cost estimates of Patna, the mobilization advance will be paid @ 10% of the Price Bid quote percentage of the approved DPR cost estimates of Patna. Mobilization Advance will be released against submission of BG of equivalent amount. 2. Submission of DPR of each town with BOQ/BOM and other details and PERT Charts including resumptions and 30% Payment for DPR of each town will be @ 30% of the quoted percentage of the approved DPR cost estimates of the town in particular.

acceptance & approval by BSEB 3. Sanction and approval of DPR of each town by PFC 50% Payment for DPR of each town will be @ 50% of the quoted percentage of the approved DPR cost estimates of the town in particular. 4. Submission of revised DPR, if 20% Payment for DPR of each town will be @ 20% of the quoted percentage of the approved DPR cost estimates of the town in particular with adjustment of Mobilisation advance.

required, and its sanction by PFC and if required, re-submission of BOQ / BOM and other details.

(b) Assistance for Technical Evaluation of Bids received for works 1. Mobilization Advance 10% BID of Patna will be evaluated first. Against the PFC approved DPR cost estimates of Patna, the

mobilization advance will be paid @ 10% of the Price Bid quote percentage of the approved DPR cost estimates of Patna. Mobilization Advance will be
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released against submission of BG of equivalent amount. 2. Submission of draft report of 40% Payment for acceptance of draft technical evaluation report of bids for works of each town will be @ 40% of the quoted percentage for preparation of the approved DPR cost estimates of the town in particular.

technical evaluation of Bids including BOQ/BOM for works to be executed for each town and its acceptance and approval by BSEB 3. Submission of Final Technical 60%

Payment for acceptance of final technical evaluation report of bids for works of each town will be @ 60% of the quoted percentage for preparation of the approved DPR cost estimates of the town in particular.

Evaluation Report of Bids including BOQ/BOM for works to be executed for each town including its acceptance and acceptance by BSEB. 6.1 Currency of Payment

Except as may be otherwise agreed between the Client and the Consultants all payments under this agreement shall be made in Rupees only. The payments shall be made by account payee cheques. 6.2 Mode of Billing and Payment

The billing and payment in respect of services shall be made as follows: (a) The Client shall cause to be paid to the Consultants an advance payment as specified above. The advance payments will be due after provision by the Consultants to the Client of a Bank Guarantee issued by a Nationalised / Scheduled Bank in an amount (or amounts) equal to advance payment to be made, such as Bank Guarantee (i) to remain effective until the advance payment has been fully set off and (ii) to be in the form set forth or in such other form as the Client shall have approved in writing. (b) As soon as practicable and not later than the 7 (Seven) days after the end of each calendar month, during the period of services, the Consultant shall submit to Client in triplicate itemized statements. (c) The Client shall cause the payment of the Consultants periodically as given above within 45 (forty five) days after the receipt by the Client of bills with supporting documents. Only such portion of a monthly statement/bill that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and cost authorized to be incurred by the Consultants; the Client may add or subtract the difference from any subsequent payments. (d) The final payment under this clause shall be made only after the final report and a final statement, identified as such, shall have been submitted by the Consultants and approved as satisfactory by the Client. The services shall be deemed completed and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory 90 (ninety) calendar days after receipt of the final report and final statement by the Client unless the Client, within such 90 (ninety) days period, gives written notice to the Consultants specifying in detail deficiencies in the services, the final report or final statement. The Consultants shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with this clause in excess of the amounts actually payable in accordance with the provisions of this agreement shall be reimbursed by the Consultants to the Client within 15 (fifteen) days after receipt by the Consultants of notice thereof. Any such claim by the Client for payment must be made within 6 (six) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above. (e) All payments under this agreement shall be made through account payee cheque.
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6.3

Recovery

Any sum falling due or any loss caused due to this Agreement shall be recoverable by the Client from the Consultant as if it were arrears of land revenue. 7. 7.1 FAIRNESS AND GOOD FAITH Good Faith

The Parties undertake to act in good faith with respect to each others rights under this Agreement and to adopt all reasonable measures to ensure the realization of the objectives of this Agreement. 7.2 Operation of the Agreement

The Parties recognize that it is impractical in this Agreement to provide for every contingency which may arise during the life of the Agreement, and the parties hereby agree that it is their intention that this agreement shall operate fairly as between them, and without detriment to the interest of either of them and that if during the term of this Agreement either Party believes that this Agreement is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but on failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration. 8. The Consultant shall be liable for defects, discrepancies and disorders etc. in works executed under his

supervision. 9. 9.1 SETTLEMENT OF DISPUTES Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or the interpretation thereof. 9.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Agreement which cannot be settled amicably within 30 (thirty) days after receipt by one Party of the other Partys request for such amicable settlement may be submitted by either Party for settlement through Arbitrator. 9.3 Arbitration

If, at any time, any question, dispute or difference, whatsoever shall arise between the Bihar State Electricity Board (BSEB) and the Successful Bidder out of the work or anyway connected with this contract Agreement, shall be resolved through arbitration of nominated arbitrators under provision of Indian Arbitration and Conciliation Act 1996 & rules made there under shall be applicable The place of arbitration shall be at PATNA . 10. Jurisdiction

The contract Agreement shall be governed by and interpreted in accordance with the laws of India. The contract Agreement has been entered into in the State of Bihar and its validity, construction, interpretation and legal effect shall be to the exclusive jurisdiction of the courts in Patna. No other jurisdiction shall be applicable. IN WITNESS THEREOF, the parties hereto have caused this agreement to be signed in their respective names of the day and year first above written. FOR AND ON BEHALF OF THE CLIENT BY FOR AND ON BEHALF OF THE CONSULTANTS BY

Authorized Representative Witness


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Annexure - 21 (Submit with Part IV) [ LETTER HEAD ] PRICE BID Price bid to be submitted in separate sealed cover as Part-IV (A) CONSULTANCY AND PREPARATION OF DPRS FOR 64 (SIXTY FOUR) TOWNS

Date of Opening: Sl. No. 1. Conducting the study regarding development of electricity distribution infrastructure covering strengthening, Name of Items Quote as percentage of

approved DPR Cost Estimate

improvement and augmentation of system capacity and preparing Detailed Project Report (DPR) under Part-B of RAPDRP Scheme, with the aim of reducing AT&C losses in 64 selected towns of Bihar covered under the scheme. 2 Note: 1) The price compensation equivalent to percentage of approved DPR cost estimate would include all expenses for traveling, boarding, lodging, visits, equipment, hiring of equipment, engagement of personnel, any kind of outsourcing for assistance for survey/study/preparation/submission of Rate of Service Tax As prevalent at time of payment.

DPRs/discussions/clarifications/presentations at BSEB or PFC or MoP, etc for completion of DPRs and their approvals. 2) The percentage compensation will be uniform for all towns. 3) The Service Tax shall be payable at actuals as per rates prevailing at the time of payment of respective invoice. 4) The approved cost estimates will be that which are approved by MoP/PFC for the particular town. 5) The percentage price compensation for each individual town shall remain FIRM till completion of the Assignment.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

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Annexure - 22 (Submit with Part IV) [ LETTER HEAD ] PRICE BID Price bid to be submitted in separate sealed cover as Part-IV (B) ASSISTANCE FOR TECHNICAL EVALUATION OF BIDS RECEIVED FOR WORKS

Date of Opening:

Sl. No. 1.

Name of Items

Quote as percentage of approved DPR Cost Estimate

Assistance for technical evaluation of bids received for works of strengthening, improvement and augmentation of distribution system to be executed after the sanction of the DPRs for the 64 Towns.

Rate of Service Tax

As prevalent at time of payment.

Note: 1) The price compensation equivalent to percentage of approved DPR cost estimate would include all expenses for traveling, boarding, lodging, visits, equipment, hiring of equipment, engagement of personnel, any kind of outsourcing for assistance for study/evaluation/submission of evaluation reports of BIDs/discussions/clarifications/presentations at BSEB/PFC for completion of BIDs and their approvals. 2) The percentage compensation will be uniform for all towns 3) The Service Tax shall be payable at actuals as per rates prevailing at the time of payment of respective invoice. 4) The approved cost estimates will be that which are approved by MoP/PFC for the particular town. 5) The percentage price compensation for each individual town shall remain FIRM till completion of the Assignment.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

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Annexure - 23 (Submit with Part III) [ LETTER HEAD ]

UNDERTAKING

I,

Director

Authorised

Signatory

of

M/s.. is giving undertaking that details given are correct to the conditions. best of my knowledge and I agree to abide by all your tender/order terms and

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

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Annexure - 24 (Submit with Part III) [ LETTER HEAD ] QUALIFICATION REQUIREMENT QUESTIONNAIRE The bidders are requested to confirm acceptance of following terms and conditions along with documentary proof. This schedule must be submitted as Part-II of the offer duly filled, signed & stamped along with supporting documents:Name and address of the Bidder__________________________________________________ Sr. No. Qualifying Criteria The bidder should be an entity empanelled/registered with 1 Power Finance Corporation/REC/Any Power Utility for any activity related with scope of work of this bid The bidder should be a Private/ Public Limited company 2 registered under the Companies Act, 1956 or a registered firm. The company/firm should be in existence for more than 3 years. The bidder should have provided DPR assistance in last three audited financial years for a power distribution utility/ SEB or, the bidder should have prepared the DPR for any major infrastructure projects and should have worked with at least one utility (power /gas/water/telecom/PWD/REC) in providing 3 consultancy (strategy, advisory, efficiency Confirm Acceptance (Yes / No) Reference page no. of Documentary proof be mentioned.

improvements, implementation, programme management) engagements. The total project worth of such DPRs or procurement assistance or implementation or program management should be at least Rs 100 Crores. Details of past experience in similar or other areas shall be furnished by the bidder along with copies of similar contracts handled / awarded, so as to assess their capability of work.

The annual Turnover of the bidder should be at least 10 Crores on average for last 3 financial years. Firm should be well conversant with the norms & guidelines

of Ministry of Power, Govt. of India for project under Restructured APDRP (Part-B) in XI Plan. The bidder should have experience of mobilization of input data and creation of computer model of at least 1000 km of

Electrical Network including collection of geospatial coordinates of the equipment through differential GPS survey, for its client in a single contract

The agency must have minimum ten full time consultants working in the firm.

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Sr. No.

Qualifying Criteria The bidder shall commit that the key personnel to be employed for the project have been sufficiently involved in

Confirm Acceptance (Yes / No) Reference page no. of Documentary proof be mentioned.

the similar implementations and that once assigned to the project will not be moved out of it, except for reasons beyond the control of the bidder. Power of Attorney / Authorization Letter is to be submitted

in-favour of the person, who is signing and submitting the RFP on behalf of the bidder. The bidder shall organize the responses in accordance with the format specified in the tender and under no

circumstance shall leave any response item unanswered. If 10 any row or column does not contain the response, the entire response may not be taken up for consideration. Any response not as per the format may not be included for any further consideration. The bidder must have a dedicated practice of GPS survey 11 of 33KV, 11KV. LT Line &

D.T.R.s & must clearly reflect in their business process The Bidder should not be under a Declaration of In12 eligibility for corrupt or fraudulent practices or blacklisted with any of the Government agencies or PSUs. The bidder shall have an experience in execution of the 13 work of the type and category specified in the bid and analysis of power distribution network by any standard network software. The bidder should have an office in Patna. However, if the 14 local presence is not there in Patna, the bidder should give an undertaking for establishment of an office, within one week of award of the contract.

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

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Annexure - 25 Scope of Work for Preparation of DPR for the works under Restructured Accelerated Power Development and Reforms Programme PART B in towns as per Guidelines issued by Ministry of Power, Govt. of India

Scope of Work: Part B will include among others: - Renovation, modernization and strengthening of Distribution System for 11kV level Substations. - Transformers/Transformer Centres. - Re-conductoring of lines at 11kV and below. - Load Bifurcation, Feeder separation, Load Balancing. - HVDS (11kV). - Replacement of electromagnetic energy meters with tamper proof electronic meters. - Installation of Capacitor banks and mobile service centres. - Aerial Bunched Cables/Conductors, Under-ground cabling in populated areas. - In exceptional cases strengthening at 33kV/66kV levels.

A.

STEPS FOR PREPARATION OF DPR Collection of data Physical, Loading, Losses, Voltages Computerize Data Validate Data Benchmark Performance Parameters Prioritize feeders/DTs Group feeders for Optimization Evaluate options R&M, Augmentation, New Work Cost benefit analysis Prioritize & Shortlist Finalization of DPR & submission to nodal agencies

B. 1.

CONTENTS OF DPR Executive Summary Introduction Objective Scope & Cost Estimate Benefits Implementation Schedule Payback Period

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2.

Town/Circle profile & organization setup Consumers profile Existing distribution system with sources of supply Details of sub stations, feeders, DTs with electrical and physical boundaries etc. History of Load growth & Consumer growth Power and energy flow details Metering details at all voltage levels HT/LT Ratio Organization Setup

3.

Commercial performance Billing details Input Energy Billed Energy Revenue Billed Revenue Realized T&D and AT&C losses Feeder outage and reliability index Power & Distribution transformer failure rate

4.

Constraints & Difficulties in the existing system Adequacy of EHV transformation capacity for supply of power Adequacy of Sub Transmission capacity at 66kV or 33 kV level sub stations Overloading of 66kV or 33 kV, 11 kV and 440 volts feeder Overloading of distribution transformers

5.

Scope of New Works (Investment Proposals and Bill of Quantities) Metering requirements. Strengthening and up-gradation of distribution system New Sub station R&M of distribution substation/transformer installation Substation augmentation New Feeders Bifurcation of feeders Replacement of existing LT lines by Arial Bunch Conductor Underground cable High Voltage Distribution System (HVDS) New DTs Capacitor bank - HT & LT New Service connection Modernization works i) ii) Establishing HVDS system. Underground distribution system using CSS and RMUs

6.

Project Implementation schedule Schedule for NIT & LOA. Schedule for Project Execution

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7.

COST BENEFIT ANALYSIS Estimated cost of the scheme Increase in annual revenue due to o o o Increased energy consumption (Load growth) Reduction in technical losses Reduction of commercial losses

Total annual benefit Payback period C. Sl. BENCH MARKS OF PERFORMANCE (YEARLY) Benchmark Parameter Present Level Year 1 Year 2 Year 3 Level to be achieved Date by which parameter would be achieved a) Metering efficiency (Input Vs. metered energy) b) Collection efficiency (amount collected to amount billed) c) d) e) f) g) h) i) k) Transmission & Distribution losses DT Failure rate Number of feeder outages Period of feeder outages Reliability Index Number of consumer complaints Consumer complaint disposal time AT&C Loss

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

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Annexure - 26 (Submit with Part III) [ LETTER HEAD ] PROFORMA OF APPLICATION FOR PAYMENTS Date: To, The Chief Engineer (RE) In-charge R-APDRP Bihar State Electricity Board, Vidyut Bhawan, Jawahar Lal Nehru Marg Patna

Sub:-APPLICATION FOR PAYMENT Dear Sir, Pursuant to the above referred contract dated ..................... the undersigned hereby applies for payment of the sum of................................................................................................ (Specify amount) The above amount is on account of: (Check whichever applicable) Initial advance Interim payment as advance Running bill Payment at time of Handing Over Extra work not specified in contract (Ref. contract change order no ..............) Others (Specify) Yours sincerely,

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Annexure - 27 (Submit with Part III)

FORMATS FOR PREPARATION OF DPRs

(POWER FINANCE CORPORATION FORMAT TEMPLATE)

PLACE:

SIGNATURE OF AUTHORISED SIGNATORY (BIDDER)

DATE: COMPANY SEAL

NAME IN FULL DESIGNATION

ADDRESS OF BIDDER

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Annexure - 28 LIST OF TOWNS UNDER R-APDRP FOR PREPARATION OF DPRs Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 TOWN Patna ELECTRIC SUPPLY CIRCLE PESU (West) PESU (East) Maner Bakhtiarpur Barh Fatuha Masaurhi Mokama Dumroan Hilsa Rajgir Gaya Aurangabad Bodh Gaya Daudnagar Jahanabad Makhdumpur Nawada Sherghati Warsaliganj Sasaram Bhabua Bikramaganj Dehri Bhagalpur Sultanganj Banka Naugachhia Munger Sheikhpura Bar Bigha Jamalpur Lakhisarai Jha Jha Barhiya Jamui Darbhanga Madhubani Darbhanga Mithila Area, Darbhanga Munger Bhagalpur Area, Bhagalpur Bhagalpur Rohtas (Sasaram) Gaya Magadh Area, Gaya Bhojpur (Arrah) Nalanda (Biharsharif) Central Area, Patna Patna ELECTRIC SUPPLY AREA PESU Area, Patna

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38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64

Muzaffarpur Hajipur Sitamarhi Mahnar Bazar Bairgania Narkatiaganj Raxual Sugauli Dhaka Bagha Ramnagar Chapra Gopalganj Revelganj Sonepur Barauli Siwan Saharsa Gogri Jamalpur Khagaria Madhepura Supaul Purnea Forbesganj Katihar Kishanganj Araria Purnea Kosi Area, Saharsa Saharsa Chapra Motihari Tirhut Area, Muzaffarpur Muzaffarpur

Note: No. of towns may increase or decrease.

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Length of 11 kV Feeders in KM

Length of LT Lines in KM

Length of 33 kV Feeders in KM

Population (As Census 2001)

Electric Supply Circle

No. of 33 kV Feeders

No. of 11 kV Feeders

No. of 33/11 kV PSS

No. of Consumers (Metered)

No. of Consumers (Unmetered)

No. of DTs

Details of Assets of Towns of Bihar for Implementation of Part B of R-APDRP

Sl. No. 1 2 3 4 5 6 7

PESU (East & West) Patna

Patna Maner Bakhtiarpur Barh Fatuha Masaurhi Mokama Arrah Buxar Dumraon Biharsarif Hilsa Rajgir Muzaffarpur Hajipur Sitamarhi Mahnar Bazar Bairgania

Town

1,697,976 30,082 32,293 48,442 38,672 45,248 56,615 203,380 83,168 45,806 232,071 37,775 33,738 305,525 119,412 87,279 37,370 34,836

297,868 2,584 2,197 4,507 6,241 5,148 1,121 23,472 10,538 3,521 25,563 2,338 1,682 56,910 16,375 10,968 644 -

1,035 591 1,919 305 296 457 54 31 46 994 754 13 5,743 6,436 744 684 640

29 1 1 2 1 2 1 2 1 1 3 1 2 11 3 1 1 -

273.75 20.00 18.00 23.00 2.20 11.53 10.00 12.00 28.00 3.00 7.20 12.00 4.00 81.02 38.00 24.00 5.00 -

149 4 4 5 4 7 5 8 4 5 21 5 4 25 13 3 1 1

674.10 12.00 23.20 45.00 32.00 9.30 20.30 72.00 27.00 12.00 250.00 10.00 36.30 243.52 251.50 47.00 25.00 20.00

3,353 45 63 96 106 74 61 250 157 27 670 40 50 732 397 110 28 6

2,646.11 25.00 28.00 38.00 18.00 26.80 32.00 402.00 235.00 29.00 855.00 20.00 25.10 653.00 495.00 120.00 15.00 10.00

44 1 1 1 1 2 1 2 2 1 3 1 1 10 3 1 1 -

Bhojpur (Arrah)

8 9 10 11 12 13 14 15 16 17 18

Nalanda (Biharsharif)

Annexure 29

Muzaffarpur

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Length of 11 kV Feeders in KM

Length of LT Lines in KM

Length of 33 kV Feeders in KM

Population (As Census 2001)

Electric Supply Circle

No. of 33 kV Feeders

No. of 11 kV Feeders

No. of 33/11 kV PSS

No. of Consumers (Metered)

No. of Consumers (Unmetered)

No. of DTs

Sl. No.

Town

Details of Assets of Towns of Bihar for Implementation of Part B of R-APDRP

Motihari

19 20 21 22 23 24 25 26

Bettiah Motihari Narkatiaganj Raxaul Bazar Sugauli Dhaka Bagaha Ramnagar Chapra Gopalganj Revelganj Sonepur Barauli Siwan Gaya Aurangabad Bodh Gaya Daudnagar Jahanabad Makhdumpur Nawada Sherghati Warisaliganj

116,670 108,428 40,830 41,610 31,432 32,632 91,467 38,554 179,190 54,449 34,042 33,490 34,653 109,919 394,945 79,393 30,857 38,014 81,503 30,109 81,891 32,526 31,347

12,427 11,416 2,964 5,340 342 635 2,903 1,437 23,207 7,853 6 2,491 998 14,704 38,906 10,656 3,052 2,638 8,790 1,422 7,064 1,311 1,072

1,586 1,137 348 441 43 266 214 241 1,592 3,424 458 52 190 1,751 4,336 950 6,272 57

1 3 1 1 1 1 1 1 3 1 1 1 1 5 2 3 1 2 1 2 1 1

2.00 20.00 25.00 0.20 54.00 0.50 15.10 2.50 6.00 21.84 0.10 31.50 54.00 10.00 5.00 8.10 15.00 3.00 34.00 22.00

7 4 3 6 4 4 2 5 5 6 1 3 4 5 27 8 12 4 6 4 7 1 4

22.10 68.00 8.02 30.00 15.00 10.00 20.61 10.08 37.00 15.02 12.10 23.50 13.00 13.50 139.72 54.00 60.00 31.00 85.00 9.80 45.00 20.00 9.00

175 196 52 75 9 19 54 32 174 57 15 48 15 162 575 197 61 19 213 27 93 60 32

33.00 220.00 12.00 45.00 30.00 29.00 68.00 24.00 36.00 45.00 10.00 35.90 22.00 15.25 228.80 264.00 45.00 100.00 106.00 11.00 56.00 45.00 15.00

8 1 1 1 1 1 1 1 2 1 1 1 1 8 2 3 1 2 1 2 1 1

Chapra

27 28 29 30 31 32

Gaya

33 34 35 36 37 38 39 40 41

Annexure - 29

RFP for Part-B Consultancy - Bihar SEB

74/76

Length of 11 kV Feeders in KM

Length of LT Lines in KM

Length of 33 kV Feeders in KM

Population (As Census 2001)

Electric Supply Circle

No. of 33 kV Feeders

No. of 11 kV Feeders

No. of 33/11 kV PSS

No. of Consumers (Metered)

No. of Consumers (Unmetered)

No. of DTs

Sl. No.

Town

Details of Assets of Towns of Bihar for Implementation of Part B of R-APDRP

Rohtas (Sasaram)

42 43 44 45

Sasaram Bhabua Bikramganj Dehri Saharsa Gogri Jamalpur Khagaria Madhepura Supaul Purnia Forbesganj Katihar Kishanganj Araria Munger Sheikhpura Barbigha Jamalpur Lakhisarai Jhajha Barahiya Jamui

131,172 96,983 38,844 119,057 125,167 31,106 45,221 45,031 125,167 197,211 411,499 190,873 85,590 60,861 188,050 43,113 38,200 96,983 77,875 36,447 39,865 66,797

11,591 3,296 1,757 9,554 10,752 3,666 6,390 6,308 6,714 24,043 6,713 23,129 8,531 4,457 17,462 4,233 1,941 8,820 4,938 2,942 527 6,018

2,824 1,401 2,281 2,100 1,904 709 1,020 1,738 1,743 11 798 12 8 637 90 100 374

3 3 1 1 2 1 1 1 4 1 3 2 1 4 1 1 2 2 1 1 1

28.15 36.00 6.00 12.00 2.60 0.10 30.00 0.50 31.00 2.00 19.00 30.00 35.00 27.50 1.00 10.00 8.20 13.00 32.00 16.00 8.00

11 9 6 6 10 1 3 4 5 8 2 10 6 2 10 5 2 4 6 2 2 5

75.00 23.00 14.00 16.00 68.00 12.00 27.00 19.00 15.00 58.00 27.00 83.50 44.00 28.00 138.40 12.00 10.00 22.12 20.00 14.50 7.00 22.00

194 62 48 85 150 52 90 62 62 286 48 162 85 51 278 102 37 64 128 82 54 84

225.00 30.20 60.00 50.00 50.00 10.00 40.00 45.00 20.00 200.00 70.00 15.10 250.00 85.00 254.00 25.00 65.00 134.00 35.00 47.60 8.00 207.00

2 2 1 1 2 1 1 1 4 1 3 2 1 3 1 1 1 2 1 1 1

Saharsa

46 47 48 49 50

Purnia

51 52 53 54 55

Annexure - 29

Munger

56 57 58 59 60 61 62 63

RFP for Part-B Consultancy - Bihar SEB

75/76

Length of 11 kV Feeders in KM

Length of LT Lines in KM

Length of 33 kV Feeders in KM

Population (As Census 2001)

Electric Supply Circle

No. of 33 kV Feeders

No. of 11 kV Feeders

No. of 33/11 kV PSS

No. of Consumers (Metered)

No. of Consumers (Unmetered)

No. of DTs

Details of Assets of Towns of Bihar for Implementation of Part B of R-APDRP

Sl. No. 64 65 66 67

Bhagalpur

Bhagalpur Sultanganj Banka Naugachhia Darbhanga Madhubani Begusarai Samastipur TOTAL

Town

350,133 41,958 35,455 38,287 267,348 66,340 107,623 61,998 8,177,893

41,608 2,162 4,027 2,154 45,474 7,406 13,949 9,025 932,898

260 244 95 360 62,809

4 1 1 2 7 1 1 2 154

13.00 0.30 6.50 51.00 8.00 20.00 18.60 1,367.99

25 4 3 4 21 3 5 3 587

148.00 9.00 9.75 119.50 101.40 26.50 20.50 16.00 3,767.84

649 27 36 38 310 83 195 68 12,297

303.00 69.00 21.50 93.00 574.00 107.00 91.00 80.00 10,433.36

8 1 1 1 7 1 1 2 173

Darbhanga Samastipur

68 69 70 71

Annexure - 29

RFP for Part-B Consultancy - Bihar SEB

76/76

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