Section 3 - Evaluation and Qualification Criteria

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1 Páge 1 of 13 This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In accordance with ITB 34 and ITB 35, no other methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms). Table of Criteria 1. Evaluation Technical Evaluation Economic Evaluation Quantifiable Deviations and Omissions Time Schedule Work, services, facilities, etc., to be provided by the Employer Technical Alternatives Qualification Eligibility Nationality Conflict of Interest KFW Eligibility Government-owned Entity UN Eligibility Pending Litigation Financial Situation Historical Financial Performance Average Annual Turnover Financial Resources Experience General Experience Experience in Key Activities Personnel Equipment Subcontractors... 13

2 Page 2 of Evaluation 1.1 Technical Evaluation In addition to the criteria listed in ITB 36.2 (a) (c) the following factors shall apply: 1. The Bidder should have in House Design facility. However, in case of Joint Venture/Consortium bidder, such can be met by any of the joint venture partner. 2. For evaluation of the Balance Sheets submitted by the bidders, currencies other than local currency shall be converted into local currency for evaluation purpose with TT selling rate of SBI in India considering the date of technical bid opening. For foreign bidder, if the balance sheet is in English language then the same shall be provided in English language duly certified by the same certifying agency who has certified the original balance sheet 1.2 Economic Evaluation Any adjustments in price that result from the procedures outlined below shall be added, for the purposes of comparative evaluation only, to arrive at an Evaluated Bid Price. Bid prices quoted by bidders shall remain unaltered. The comparison of bid prices shall be done on End Cost basis (i.e. prices inclusive of all taxes, duties and other charges) as indicated in the respective price schedules Quantifiable Deviations and Omissions (a) No deviations are allowed. (b) No reservations are allowed. (c) In addition to the arithmetical corrections listed in ITB 36.1, i) In case of discrepancy in total of individual item and multiplication of unit rate and quantity for the same item, corrected total calculated by multiplication of unit rate and quantity shall be considered for evaluation. ii) In case of variation in BoQ quantity and offered quantity, BoQ quantity shall be considered for evaluation purpose. (d) To this effect, the Bid price shall be adjusted for comparison purposes only, to reflect the price of missing or non-confirming item or component, by taking the price equal to highest unit rate quoted for the same item(s) by other bidders. However, if there is only one bid, the rate of that/those missing item(s) as estimated by the employer would be taken and Bid price shall be adjusted for evaluation and comparison purposes only. In case of award of contract, the successful bidder would be required to supply missing item(s) free of cost to the full extent i.e. for works items including increase of quantity(ies) of the order quantity(ies) required for completion of the work as per the actual engineering and tax liability will be borne by the successful bidder (e) If there is any discrepancy in unit of measurement of item(s), the BOQ unit of measurement will prevail and accordingly unit rate applied for evaluation purpose and for payment.

3 Páge 3 of Time Schedule Time to complete the plant and services from the effective date specified in Article 3 of the Contract Agreement for determining time for completion of pre-commissioning activities is: 24 calendar months. Bids complying with the required completion time will be rejected. No credit will be given for earlier completion. No demobilization, remobilization period, idling or stoppage period will be allowed during this period of the Contract. The completion date will be deemed to be the date on which all works on the Contract are demonstrated to be complete to the satisfaction of the Project Engineer and is complete in all respects as per the terms and conditions of this Contract Work, services, facilities, etc., to be provided by the Employer 1) Land for Contractor s Store, Workshop etc. a) The Engineer shall at his discretion and for the duration of execution of the Contract make available at site, land for construction of Contractor s field office, workshop, stores, etc. required for execution of the Contract. Any such temporary construction shall be done by the Contractor at his cost. b) On completion of work the Contractor shall hand over the land duly cleaned to the Engineer. Until and unless the Contractor has handed over the vacant possession of land allotted to him for the above purpose, the payment of his final bill shall be made. 2) Electricity: Power supply: The concerned EE (Const.) shall apply for 11KV Transformer Center at the site of new Substation and for which concerned DISCOM shall erect the required line and install the transformer Center, for which, the cost is to be borne by EMPLOYER. Subsequently, the Agency finalized for Turnkey contract by EMPLOYER, shall apply for temporary connection to the concerned DISCOM Sub-Division paying required Service Charges and Deposit. Such temporary connections to be released on the name of Turnkey-Contractor on recommendation of the concerned EE (Const.). The power so consumed shall be charged at the prevailing tariff rate. 1.3 Technical Alternatives No Technical alternatives shall be permitted.

4 Page 4 of Qualification If the bidding was preceded by a prequalification process then the Bidder and any subcontractors shall continue to meet the criteria used at the time of prequalification and reiterated below. 2.1 Eligibility Criteria Compliance Requirements Documents Requirement Nationality Single Entity All s Combined Joint Venture Each At Least One Submission Requirements Nationality in accordance with ITB Sub-Clause 4.2. Forms ELI - 1; ELI - 2 with attachments Conflict of Interest No conflicts of interest in accordance with ITB Sub- Clause 4.3. Letter of Technical Bid KFW Eligibility Not having been declared ineligible by KFW, as described in ITB Sub-Clause 4.4. Letter of Technical Bid Government-owned Entity Bidder required to meet conditions of ITB Sub- Clause 4.5. Forms ELI - 1; ELI - 2 with attachments UN Eligibility Not having been excluded by an act of compliance with UN Security Council resolution in accordance with ITB Sub-Clause 4.7. Letter of Technical Bid

5 Páge 5 of Pending Litigation Criteria Compliance Requirements Documents Requirement Pending Litigation Single Entity All s Combined Joint Venture Each One Submission Requirements All pending litigation shall be treated as resolved against the Bidder and so shall in total represent more than 50 (Fifty) percent of the Bidder s net worth. by itself or as partner to past or existing JV by itself or as partner to past or existing JV Form LIT - 1

6 Page 6 of Financial Situation Criteria Compliance Requirements Documents Requirement Single Entity Historical Financial Performance All s Combined Joint Venture Each One Submission Requirements Submission of audited balance sheets or, if required by the law of the Bidder s country, other financial statements acceptable to the Employer, for the last 3 (Three) years to demonstrate the current soundness of the Bidders financial position and its prospective long-term profitability. As a minimum, the bidder s net worth calculated as the difference between total assets and total liabilities should be positive for last three financial years. For foreign bidder, if the balance sheet is in English language then the same shall be provided in English language duly certified by the same certifying agency who has certified the original balance sheet Form FIN 1 with attachments Form FIN-1 of Section-4 must be certified by Chartered Accountant for bidder from employer s country and appropriate certifying agency for Foreign bidder Average Annual Turnover Minimum Average Annual Turnover (MAT) for best three individual years out of last five financial years shall be less than INR 1030 million or US$16 million. 33% of the Lead partner 50% of the Form FIN 2 Form FIN-2 of Section-4 must be certified by Chartered Accountant for bidder from employer s country and appropriate certifying agency for Foreign bidder.

7 Páge 7 of Financial Resources Criteria Compliance Requirements Documents Requirement Single Entity All s Combined Joint Venture Each One Submission Requirements Using Forms FIN 3 and FIN - 4 in Section 4 (Bidding Forms) the Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (1) the following cash-flow, Bidder must be capable of deploying INR 260 Million or US$ 4 million during the period of the contract, and (2) the overall cash flow s for this contract and its current works commitment. duly certified by Chartered Accountant for bidder from Employer s country and appropriate certifying agency for Foreign bidder. 33% of the Lead partner 50% of the Form FIN 3 and Form FIN-4 Form FIN-3 and Form FIN-4 of Section-4 must be certified by Chartered Accountant for bidder from employer s country and appropriate certifying agency for Foreign bidder. (All the details are must to be filled in the Form FIN-3 and FIN-4) Note: (1) For foreign bidder, the details in the form FIN-1, FIN-2, FIN-3 and FIN-4 in Section-4 (Bidding Forms) shall be provided in USD. (2) The Bidder from Employer s county will provide the details in local currency in form FIN-1, FIN-2, FIN-3 and FIN-4 in Section-4 (Bidding Forms). (3) For evaluation of financial performance at clause 2.3.1, and above, the currencies other than local currency shall be converted into local currency for evaluation purpose with TT selling rate of SBI in India considering the date of technical bid opening.

8 Page 8 of Experience Criteria Compliance Requirements Documents Requirement General Experience Single Entity All s Combined Joint Venture Each One Submission Requirements Experience under contracts in the role of contractor, subcontractor, or management contractor for at least the last FIVE (5) years prior to the bid submission deadline. Not Not Form EXP Experience in Key Activities Bidder to satisfy the entire following experience :- [A] Technical Requirement: 1.0 Individual Bidders a) The bidder shall be Original Equipment Manufacturer (OEM), The offered equipment have to be designed, manufactured and tested as per relevant IS/IEC/ANSI with latest amendments. b) The Bidder shall have supplied at least two (2) Gas insulated substation of 220KV or above voltage class S/s during last 8 years with Transmission Utility or major industries in India or Abroad (Min. 6 GIS bay) / Substation. c) The Bidder shall have erected including Civil works (turnkey) at least one (1) Gas insulated substation of 220KV or above voltage class S/s with SCADA either Indoor or Outdoor during last 8 years with Transmission Utility or major industries in India or Abroad. In case of those having installed with SCADA, technical back up with qualified supplier must be furnished along with tender. The bidder shall have in house design facility for S/S design and preparing layouts, drawings etc. d) At least one Gas insulated Sub-Station supplied as per 1(b) shall be performing satisfactorily for at least two (2) years as on the date of bid opening mentioned above.(supporting documents/certificates of original customer to be submitted.) e) All the Equipments proposed to be supplied shall have valid type test certificates from any NABL accredited/government laboratory of India or Abroad older than 10 years & must be valid till the expiry of validity of offer. f) The bidder shall have valid Electrical Contract License, registered under Sales-Tax Act, Service Tax Act, and should have PF Registration Certificate. g) If the bidder has designed, manufactured and supplied but has himself erected & commissioned GIS Substation mentioned at 1.(a),(b) above, shall also be considered qualified if he has supervised the erection & commissioning of the same. In such case erection agency to be appointed subject to approval of GETCO

9 Páge 9 of In case, the bidder is a foreign OEM submitting its bid as an Individual Firm or in a Joint Venture without any Indian Entity as a, he should, in its bid, propose an Indian Associate for executing the On-Shore Supply and On-Shore Services Contract, as per the provisions of bidding documents. The proposed Indian Associate should have erected, tested and commissioned at least one(1) or more AIS/GIS substation(s) having at least Six(6) or more Circuit Breaker equipped AIS/GIS bays* of 220kV or above voltage level during the last eight (8) years and these bays* must be in operation as on the date of bid opening mentioned above. 3. In case, the bidder is Indian GIS manufacturer who is meeting the stipulated in 1.0 above on its own, he shall also be considered if i) The bidder has manufactured, supplied, erected and commissioned atleast one (1) GIS substation having six (6) Circuit Breaker bays* of 220kV or above which should be in operation as on the date of bid opening mentioned above And ii) The parent company (Principals) or collaborator(s) or subsidiary company of the bidder meets qualifying s as per clause 1.(b), (c) and (d) mentioned above, provided further that iii) The Bidder furnishes a) a legally enforceable undertaking (jointly with the parent company (Principals) or collaborator(s) or subsidiary company) to guarantee quality, timely supply, performance and warranty obligations for additional period of three (3) years over and above the warranty period specified for the equipment(s) b) Such manufacturer should submit valid collaboration agreement for technology transfer / license to design, manufacture, test and supply GIS equipments in India (Refer FORM A) ( * For the purpose of qualifying, one no. of circuit breaker bay shall be considered as a bay used for controlling a line or a transformer or a reactor or a bus section or a bus coupler and comprising of at least one circuit breaker, one disconnector and three nos. of single phase CTs / Bushing CTs.) 4 New bidders with proposed manufacturing facilities in India: New bidders with proposed manufacturing facilities in India shall be eligible to bid. Technical and financial criteria as per 1.0 of (A) Technical and 1.0 of (C) Financial are to be fully met jointly with their principal as under:- (i) Minimum 50% and maximum 70% component of GIS unit (Unit means bay) shall have to be sourced from principal factory within contract schedule. In this case, type test reports of units sourced from principal must be valid as mentioned in the technical specification. (ii) The balance component of GIS (Minimum 30% and Maximum 50% ) unit (Unit means bay) shall have to be manufactured and supplied after due Special tests as mentioned in the technical specification from the proposed Indian factory within contract schedule period. (iii) Balance component of GIS (Minimum 30% and Maximum 50%) unit (Unit means bay) from Indian factory is must and in the event, balance component remains undelivered (Within contract schedule) due to any reason, the bidder shall have to supply from principal so that project is affected, but the payment of this Balance component shall be released only after successful manufacturing and type tests in Indian factory within six months after the expiry of contract delivery date.

10 Page 10 of 13 In case bidder fails to comply Balance component of GIS unit (Unit means bay) with type test from Indian factory within permitted six months in (iii) period then the contract shall be closed without release of payment towards balance portion sourced from principal. The bidder has to give additional 5% Surety of contract value in the form of Bank Guarantee, Balance component of GIS unit (Unit means bay) from Indian factory is supplied within delivery schedule and it shall be released as and when commitment of Balance component of GIS unit (Unit means bay) is fulfilled. (iv) It should be established through authenticated documents like land, Board of directors of the company, company registration, collaboration documents etc. that Indian unit is at the matured stage of construction with required machinery. This will be verified by GETCO as a part of technical bid evaluation prior to price bid opening. The decision of GETCO to qualify or to qualify will be final and binding. (v) L.D. Clause shall be for complete scope of the bid for the stipulated contract time schedule as per contract agreement signed after the P.O.. The of L.D. shall be strictly followed and it has no relation with the provision mentioned above at (i) to (iv). 5 Bidders under manufacturer Authorization:- Bidders who are OEMs are also eligible to quote the GIS under manufacturer s authorization from Indian GIS manufacturer who meets the qualifying as per 1.0 (a,b,c,d,e) or 3.0. It is also mandatory for such bidders to provide the manufacturer s authorization as per attached annexure I.A. Bidders quoting under manufacturing authorization may offer voltage wise different manufacturer. Bidders quoting under manufacture s authorization must have valid Electrical contractor License, registered under Sales-tax Act, Service Tax Act and should have PF Registration Certificate. [B] Joint Venture Bid : In case the bidder does meet technical experience specified at 1.0 above at its own, the bidder should associate with firm(s) to form a JV/Consortium and the JV/Consortium shall collectively meet the as per 1.0 above. Further in JV bid if GIS Supplier is an Indian bidder than the condition (4)- i, ii, iii, iv, v shall be to such GIS Suppliers. Important Note: 1. In case of the bid to be furnished as a JV/Consortium partners then the each JV/Consortium partners has to furnish 5% of the overall tender cost towards the Bank Guarantee in addition to the 10% of the Bank Guarantee to be submitted by the lead partner (as security deposit). The terms, conditions & validity of all such Bank Guarantee shall be the same. 2. Bidders quoting under manufacture s authorization will have to furnish 5% of the overall order value towards the Bank Guarantee in addition to the 10% of the Bank guarantee (as security deposit). The terms, conditions & validity of all such Bank Guarantee shall be the same. The owner may assess the capacity & capability of the bidders, to successfully execute the scope of work covered under the work within stipulated completion period. This assessment shall inter-alia include.

11 Páge 11 of 13 1) Document verification 2) Bidders work/manufacturing facilities visit 3) manufacturing capacity, details of work executed, works in hand, anticipated in future & the balance capacity available for the present scope of work 4) Details of testing facilities,manpower and financial resources 5) Details of quality system in place 6) Past experience & performance 7) Customer feed back 8) Banker s feed back Additional Documents: Apart From various documents to be furnished along with the Bid as required in the GCC and ECC, the following documents/details are to be furnished by the Bidder: For bidder from Employer s Country For Foreign Bidders 1. Registration. No. under Shops & Establishment Act/ 1. Factory Registration/license details issuing authority. 2. Factory Registration/license details 2. Detail of Manufacturing/Fabrication facilities along with list of Testing Equipment calibrated up to date. 3. Detail of Manufacturing/Fabrication facilities along 3. Details of s/directors of the Firm/Company. with list of Testing Equipment calibrated up to date. 4. Details of s/directors of the Firm/Company. 4. Experience Record and details of orders under execution, order booked for next two years, work executed during last five years for various utilities 5. Experience Record and details of orders under 5. Last three years Audited/attested Accounts execution, order booked for next two years, work executed during last eight years for various utilities 6. Last three years Audited Accounts 6. Declaration of Undertaking in accordance with form provided under Section 4 7. Sales Tax Registration No. date/ issuing authority 8. Service Tax registration no. date/ issuing authority 9. Provident Fund registration no. date/ issuing authority 10. Declaration of Undertaking in accordance with form provided under Section 4

12 Page 12 of Personnel The Bidder must demonstrate that it has the personnel for the key positions that meet the following s: No. Position Minimum Total Work Experience [years] Experience In Similar Work [years] Not Applicable The Bidder shall provide details of the proposed personnel and their experience records in the relevant Information Forms included in Section 4 (Bidding Forms). 2.6 Equipment The Bidder must demonstrate that it has the key erection equipments as following. No. Equipment Type and Characteristics Min. Number Required Not Applicable Not Applicable The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section 4 (Bidding Forms)

13 Páge 13 of Subcontractors Subcontractors/manufacturers for the following major items of supply or services the following minimum criteria, herein listed for that item. Failure to comply with this will result in rejection of the subcontractor. Item No. Description of Item Minimum Criteria to be met 1 Supply of all the items as per BOQ Minimum 50% of the total quantity during last five financial years. 2 Execution of Substation work One substation for 220KV Voltage class or above during last five financial years. (Bidder shall furnish an Undertaking for above as per the prescribed form in Section-4 Bidding Forms along with the Technical Bid) In the case of a Bidder who offers to supply and install major items of supply under the contract that the Bidder did manufacture or otherwise produce, the Bidder shall provide the manufacturer s authorization, using the form provided in Section 4 (Bidding Forms), showing that the Bidder has been duly authorized by the manufacturer or producer of the related plant and equipment or component to supply and install that item in the Employer s country. The Bidder is responsible for ensuring that the manufacturer or producer complies with the s of ITB 4 and 5 and meets the minimum criteria listed above for that item.

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