EESL issue Tender for RFS of Solar Power Developers for setting up of 1.2 MWp Grid Connected Rooftop and or GMSPV Projects at the NMHC, Lothal, Gujarat under Indian Port Rail and Ropeway Corporation LTD – EQ

Summary:

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### Key Business Points for Bidders

#### 1. Tendering Process and Structure
– **Procedure:** Single Stage Two Envelope Bidding.
– **Envelope-1 (Techno-Commercial Bid):** Contains all eligibility documents, bid fee/EMD, technical proposal, and undertakings. This is uploaded online, with some original documents (like EMD) sent via hard copy.
– **Envelope-2 (Price Bid):** Contains the priced BOQ, submitted online. This envelope is opened only for bidders whose Envelope-1 is found to be substantially responsive.
– **Parties Involved:**
– **EESL:** The tender-issuing and evaluating authority (PMC).
– **IPRCL:** The ultimate employer/buyer who will sign the contract and own the project.

#### 2. Eligibility and Bidder Qualifications (Qualifying Requirements)
– **Eligible Bidders:** The tender is open to Indian-registered companies, including government-owned enterprises. Foreign firms/MNCs not registered in India are **not eligible**.
– **Conflict of Interest:** Bidders must not have a conflict of interest (e.g., common controlling partners, same legal representative). Submitting more than one bid (individually and as part of a consortium) will lead to disqualification.
– **Consortium Bids:** Allowed. Conditions include:
– A lead partner must be designated as the sole point of contact.
– All partners are jointly and severally liable for contract execution.
– No partner should be blacklisted by any government entity.

#### 3. Financial Commitments
– **Tender Document Cost:** Details are provided in the Bid Data Sheet (BDS). It must be submitted via DD/Pay Order/Banker’s Cheque in favor of “Energy Efficiency Services Limited.”
– **Earnest Money Deposit (EMD):** The amount is specified in the BDS. It must be in favor of **”Indian Port Rail & Ropeway Corporation Limited Beneficiary”** payable at Mumbai. The EMD must remain valid for 42 days beyond the bid validity period.
– **Forfeiture:** EMD can be forfeited for bid withdrawal, not accepting arithmetic corrections, or failure to sign the agreement/furnish performance security after award.
– **MSE/Start-up Exemption:** Micro & Small Enterprises (MSEs) and Start-ups may be exempted from tender fee and EMD as per Annexure-II.

#### 4. Bid Submission Rules
– **Language:** English. Any other language must be accompanied by an authorized English translation.
– **Deviation List:** Any deviations from the tender terms must be explicitly listed in **Attachment 5** of Section-6. The bidder must state the cost of withdrawing each deviation. Deviations found elsewhere in the bid will be ignored, and the bid will be deemed compliant, potentially leading to extra costs for the bidder.
– **Acceptance of Important Conditions:** Bidders must submit a certificate (Attachment 4) confirming unconditional acceptance of “Important Conditions” (e.g., Governing Laws, Dispute Settlement, Payment Terms, Performance Security, LD, Defects Liability). Deviations to these are not permitted.
– **Hard Copy vs. Soft Copy:** Both online submission and physical submission of specific documents are required. Late or missing hard copies can lead to bid rejection, except for exempted MSEs.

#### 5. Evaluation and Award
– **Evaluation Process:**
1. **Preliminary Exam:** Checking for completeness and responsiveness.
2. **Technical Evaluation:** Detailed check against technical specs and qualifying requirements.
3. **Commercial Evaluation:** Price Bids of technically qualified bidders are opened.
– **Award Criteria:** The contract will be awarded to the bidder with the **lowest evaluated technically acceptable bid**.
– **Arithmetic Corrections:** Unit prices prevail over total prices, and amounts in words prevail over figures. Non-acceptance of corrections leads to bid rejection and EMD forfeiture.
– **Employer’s Rights:** EESL reserves the right to accept or reject any bid, or annul the bidding process entirely, without incurring any liability or assigning any reason.

#### 6. Post-Award Obligations
– **Notification of Award (NOA):** Sent to the successful bidder. The bidder must acknowledge receipt within 7 days.
– **Contract Performance Security:** The successful bidder must furnish a performance security of **5% of the contract price** within 28 days of receiving the NOA. Failure to do so results in annulment of the award and forfeiture of the EMD.
– **Price Firmness:** Quoted prices must remain **firm and fixed** during the contract period and are not subject to escalation, except for statutory changes in GST.

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