Rural Electrification Corporation Loan Sanction Letter - DOC by bso17301

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									                                     Energy Efficiency Services Limited
                    (A Joint Venture of PSU’s of Ministry of Power, Government of India)




   Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the Perform
                                       Achieve and Trade (PAT) Scheme




                                         Request for Proposal (RFP)




                                                Prepared by




                                     Energy Efficiency Services Limited
                                    4th Floor, Sewa Bhawan, R. K. Puram
                                          New Delhi -110066, India


December 2010
         Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                           Perform Achieve and Trade (PAT) Scheme


TABLE OF CONTENTS



Contents
  1.0    LETTER OF INVITATION ....................................................................................3
  1.1    Introduction .......................................................................................................3
  1.2    Critical Information ............................................................................................4
  2.0    BACKGROUND INFORMATION ABOUT EESL ....................................................4
  3.0    NMEEE OBJECTIVE ..........................................................................................6
  5.0    TIMELINE ..........................................................................................................8
  6.0    SELECTION PROCESS .......................................................................................9
  6.1    Eligible Bidder ...................................................................................................9
  6.2    Preliminary Scrutiny ..........................................................................................9
  6.3    Evaluation of Proposals ......................................................................................9
  7.0    INSTRUCTIONS TO THE AGENCIES / FIRMS ..................................................12
  7.1    Financial Proposal. .......................................................................................... 12
  7.2    Cost of RFP ......................................................................................................12
  7.3    Contents of the RFP ......................................................................................... 12
  7.4    Bid Security and Performance Security ............................................................ 12
  7.5    Conflict of Interest ........................................................................................... 13
  7.6    Language of Bids ............................................................................................. 13
  7.7    Confidentiality .................................................................................................13
  7.8    Disclaimer........................................................................................................13
  7.9    Authorized Signatory (Agencies / Firms) .......................................................... 14
  7.10   Conditions for Consortium / Outsourcing ........................................................14
  7.11   Contact details of the Agencies / firms ............................................................. 14
  7.12   Amendment of RFP .......................................................................................... 14
  7.13   Documents Comprising the RFP ......................................................................14
  7.14   Power of Attorney ............................................................................................. 15
  7.15   Fraud and Corruption ......................................................................................15
  8.0    TERMS OF PAYMENT ......................................................................................16
  9.0    LIQUIDATED DAMAGE ....................................................................................16
  10.0    FORCE MAJEURE .......................................................................................... 16




Page 2
            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme




1.0   LETTER OF INVITATION

1.1   Introduction


This Request for Proposal (RFP) Document is for Conducting Baseline Energy Audit of the Designated Consumers
under the Perform Achieve and Trade (PAT) Scheme.

The Ministry of Power and Bureau of Energy Efficiency (BEE) are entrusted with the task of preparing the
implementation for the National Mission on Enhanced Energy Efficiency (NMEEE) under National Action Plan on
Climate Change (NAPCC). This mission has a component which deals with the market based mechanism to improve
the energy efficiency in energy intensive large industries and facilities by certification of energy savings which
could be traded. This scheme known as Perform, Achieve and Trade (PAT) is expected to save about 10 million
metric tonne of oil equivalent (mMtoe) by 2013-14. Eight industrial sectors namely Power, Iron & Steel, Fertilizer,
Cement, Aluminium, Pulp& Paper, Textile and Chlor-alkali have been included in this scheme where in about 680
industries (known as designated consumers (DCs)) are covered.

In the ensuing PAT scheme, all the DCs will be required to achieve a reduction of Specific Energy Consumption
(SEC) from their baseline SEC within 3 years time (2011-12 to 2013-14). BEE is in the process of establishing the
baseline SEC of each DC as per the reported data from the industry through mandatory reporting. Considering huge
degree of diversities among industries in a sector, the energy saving targets will be plant specific. In order to justify
the target set in the industry the potential evaluation needs to be done. Therefore BEE proposes to conduct the
“Baseline Energy Audit” in each DC. In the proposed energy audit, more technical information like efficiency and
energy performance of major equipment, process and subsystems inside plant boundary etc will be obtained. Apart
from this, comparison of operating data with design data or Performance Guaranteed (PG) reports etc, energy
balance of the entire plant will also be done. The audit will also come out with various energy efficiency options
implemented in the plant and indicate the actual saving potential available in the plant. The target setting of the plant
may be based on statistical analysis of the historical data and potential available in the plant.

Last Date for Submission of RFP: 15.00 hours (IST) on 11th January 2011. For any clarification, you may contact:
Shri Arijit Sengupta, Asstt. Energy Economist, EESL/ Sunil Shekher
Tel: +(91) 26194770/71/72, Email : asengupta@beenet.in , sshekher@eesl.co.in




Page 3
            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme




1.2   Critical Information
 Availability of RFP                       21.12.2010
 Pre bid meeting                           04.01.2011
 Last date for receipt                     11.01.2011 till 3:00 PM
 Opening of RFP                            12.01.2011 at 11:00 AM
 Place of opening of RFP                   Energy Efficiency Services Limited
                                           C/o: Bureau of Energy Efficiency
                                           West Block -2,
                                           R. K. Puram, Sector – 1,
                                           New Delhi – 110066
 Contact Person for queries                Sunil Shekher
                                           EESL
                                           West Block -2,
                                           R. K. Puram, Sector – 1,
                                           New Delhi – 110066
                                           Phone – +(91) 26194770/71/72
                                           Fax – (011) 26194564
                                           Email – sshekher@eesl.co.in , asengupta@beenet.in
Note: EESL will use E-mail as a primary mode of communication and will upload all relevant information on EESL
website (www.eesl.co.in)

2.0   BACKGROUND INFORMATION ABOUT EESL


India faces formidable challenge in meeting its energy needs and in providing adequate energy of desired quality in
various forms in a sustainable manner and at competitive prices. In all sectors of the economy, improving energy
efficiency before increasing the energy supply is generally the more economically and environmentally efficient
national strategy. The emphasis, for the future, is to look for technologies to promote energy efficiency, demand side
management and conservation. The success of Government of India’s plan depends upon effective policy
framework, implementation and promotion of energy efficiency initiatives. The Energy Conservation Act, 2001;
created Bureau of Energy Efficiency (BEE) which was assigned a quasi regulatory role looking after policy advisory
and a catalyst to promote energy efficiency in the country.

Energy efficiency assumes significance for the nation in the current environment of shortages and concerns over
climate change. It is a win-win situation for all – for facility owners increased energy efficiency means availability
of more resources and for nations energy efficiency offers a number of benefits including improved use of natural
resources, reducing energy imports, improved balance of trade, conservation of foreign exchange, reduced capital
requirement for new energy production facilities, and reduced environmental pollution from energy use, and
production. It offers enormous promise for a robust market to exist under the PPP model (Energy Service Company
(ESCO) based.

Energy Efficiency Services Limited (EESL) a company, promoted by 4 Central Public Sector Undertakings
(CPSUs), namely NTPC Limited, Power Grid Corporation of India Limited (PGCIL), Power Finance Corporation
Limited (PFC Limited) and Rural Electrification Corporation (REC). The authorised share capital of EESL is Rs.
190.00 crores with equal contribution from the 4 promoters after analysing the market potential and future scenario,
business models have been devised for various activities.




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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme


After analysing the market potential and future scenario, business models have been devised for various activities. In
the existing scenario, EESL could work in following broad areas as given in Fig. 1.




                                               Figure 1: Role of EESL

EESL as ESCO

Importance of ESCO model to propagate energy efficiency has been proven in various countries. In India, this is still
at a nascent stage. EESL can demonstrate the effectiveness of ESCO model in taking up high risk products and
demonstrate energy efficiency through this route. By demonstrating energy efficiency measures and realising saving
potential, it can set up the market for future investments by other ESCO thereby leading the way and showing the
path for others to follow.

EESL as Monitoring/implementing Agency

EESL propose to undertake few ongoing programmes of BEE and can implement and monitor them. The programs,
which can be owned by EESL, are as under:

Standard & Labelling Programme
Certification Examination for Energy Managers & Energy Auditors
Apart from these, various activities under National Mission on Enhanced Energy Efficiency will also be taken up.
EESL as Consultancy Organization

Looking at the present scenario and potential in the future of energy efficiency, consultancy business has lot of
promise and EESL would certainly capture a good chunk of consultancy market in following areas:
     CDM projects in Industrial sector
     DSM
     Energy Efficiency
     Combined Heat and Power
     EESL as a Resource Centre




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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme


Training and Capacity Building for Energy Efficiency has been considered a very important activity in the area of
energy efficiency. EESL would act as a resource centre in this regard and take up following activities:
     Capacity building of SDAs employees
     Training/Capacity Building of Utilities
     Training /Capacity Building of other Stakeholder and Bankers
     Training under 3-L program
     Operation of Website “ www.energymanagertraining.com”

3.0   NMEEE OBJECTIVE


The Ministry of Power and Bureau of Energy Efficiency (BEE) are entrusted with the task of preparing the
implementation for the National Mission on Enhanced Energy Efficiency (NMEEE) under National Action Plan on
Climate Change (NAPCC). This mission has a component which deals with the market based mechanism to improve
the energy efficiency in energy intensive large industries and facilities by certification of energy savings which
could be traded. This scheme known as Perform, Achieve and Trade (PAT) is expected to save about 10 million
metric tonne of oil equivalent (mMtoe) by 2013-14. Eight industrial sectors namely Power, Iron & Steel, Fertilizer,
Cement, Aluminium, Pulp & Paper, Textile and Chlor-alkali have been included in this scheme where in about 680
industries (known as designated consumers (DCs)) are covered.

In the ensuing PAT scheme, all the DCs will be required to achieve a reduction of Specific Energy Consumption
(SEC) from their baseline SEC within 3 years time (2011-12 to 2013-14). BEE is in the process of establishing the
baseline SEC of each DC as per the reported data from the industry through mandatory reporting. Considering huge
degree of diversities among industries in a sector, the energy saving targets will be plant specific. In order to justify
the target set in the industry the potential evaluation needs to be done. Therefore BEE proposes to conduct the
“Baseline Energy Audit” in each DC. In the proposed energy audit, more technical information like efficiency and
energy performance of major equipment, process and subsystems inside plant boundary etc will be obtained. Apart
from this, comparison of operating data with design data or Performance Guaranteed (PG) reports etc, energy
balance of the entire plant will also be done. The audit will also come out with various energy efficiency options
implemented in the plant and indicate the actual saving potential available in the plant. The target setting of the plant
may be based on statistical analysis of the historical data and potential available in the plant.




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                Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                                  Perform Achieve and Trade (PAT) Scheme



          4.0        SCOPE OF WORK

The scope of work for the baseline energy audit is as follows:
              Review of the energy consumption and production data of last 5 years as per the data reported
                by the industry to BEE. A copy of the reported data will be provided by BEE to the agencies /
                firms.
              Study the process of the entire plant considering a gate-to-gate concept which would mention
                type & quantity of energy sources consumed, self generated energy sources, process technology,
                raw material, product output and various variable factors which affect the energy consumption
                significantly.
              Identify major energy intensive processes, equipments etc inside the plant boundary where more
                than 80% of total energy consumption of the plant are accounted.
              Efficiency evaluation and assessment of energy performance of above major equipment.
              Compare the performance data with design data or PG report.
              Observe and compile various Energy Conservation (ENCON) options implemented by the plant
                for the last 3 years.
              Evaluate the saving potential available in the plant which would occur due to process change,
                efficiency improvement, retrofitting or fine tuning of operational parameters.
              Preparation of audit report containing the summary of savings, investment required etc. the
                report should also be discussed and accepted by the competent authority of the industry.
              Preparation of future energy conservation plans for each DC in consultation with the
                management of the DC.

          EESL desires to undertake the Baseline Energy Audit in the following sector:
Sl. No.              Sector                           No of DCs                      No of Groups

      1             Alumunium                                     11                               3
      2             Cement                                        82                              10
      3             Chlor-Alkali                                  20                               4
      4             Fertilizer                                    23                               4
      5             Integrated Steel Plant                        25                               3
      6             Sponge Iron Plant                             80                              15
      7             Pulp and Paper                                52                              12
      8             Power Plant                                  154                              11
      9             Textile                                      128                              16


Firm would have to adopt audit methodology as per the time to time instructions given by BEE/EESL. Specific
baseline Energy Audit formats will be provided by EESL to the firm for a systematic and standardized approach.
Successful bidder will be invited for one day discussion/training program at BEE/EESL to appraise about the study
and to brief energy audit methodology for baseline energy audit, reporting formats and procedures.




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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme




Minimum, mandatory number of days of baseline energy audit for each DC should as given below:
           Sector                    No. of days of audit
           Alumunium                 8
           Cement                    8
           Chlor-Alkali              6
           Fertilizer                6
           Iron & Steel              10
           Pulp and Paper            6
           Power Plant               10
           Textile                   6

The above table is only for the minimum number of days, in which the bidder has, to complete the baseline energy
audit. Above mentioned timeline for the task is only tentative and if task requires, the actual audit period may
exceed the minimum number of days specified above. No extra payment will be made, by EESL, in case the actual
audit period exceeds the above specified period.

Bidder must have a minimum number of two audit teams. The minimum composition for each team is given below:

              Designation               Number             Qualification
              Team Leader               1                  Certified Energy Auditor
              Team Member               2                  Graduate Engineer
              Support Staff             2                  Preferably         Diploma
                                                           Engineer

Bidder shall ensure that the team proposed in the RfP would be deputed during the actual execution of the project.
For any change of proposed team, involved in the execution of this project, a prior permission must be taken form
EESL. The qualification and the minimum experience of the proposed new staff, in no condition, can be less than
the previous staff. Any unapproved change of man power would make the bidder liable to disqualification. The
bidder must submit an undertaking on behalf of the team leader of each proposed team leader stating that during the
period of execution of this project he will not be involved in energy audit activity with any other organization.
Failing to comply with this requirement bidder will be liable to blacklisting.


5.0   TIMELINE


The time period for Conducting Baseline Energy Audit of the Designated Consumers for the Perform Achieve and
Trade (PAT) scheme is approximately six months from the date of signing of contract, increased by 1 month at a
time on discretion of EESL for max of 3 months after which penalties will be applicable

Firm should conduct baseline energy audit with energy audit report for priority industry in each group before 31st
March 2011. Priority list of industry & time schedule for the baseline energy audit will be given to the firm by
EESL in due course.




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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme


6.0   SELECTION PROCESS


6.1   Eligible Bidder


The bidder shall be a party or consortium empanelled by EESL as eligible to bid for baseline energy audit under the
PAT scheme. No firm or consortium can submit more than one quote for a particular group/ cluster within a sector.

A firm can bid only for the sector for which it has been empanelled with EESL. A firm may bid for any number of
group/ cluster within the eight sectors of Designated Consumers.

6.2   Preliminary Scrutiny


Preliminary scrutiny of the proposal will be made to determine whether they are complete, required process fee has
been furnished, the documents have been properly signed, and the bids are generally in order. Proposals not
conforming to such preliminary requirements will be prima facie rejected.


6.3   Evaluation of Proposals


Bid Evaluation Methodology

Single Stage – Two Envelope Procedure: Bidders should submit, one soft and one signed hard copy of the RfP, in
two sealed envelopes simultaneously, one containing the Technical Proposal and the other the Price Proposal,
enclosed together in an outer single envelope. Initially, only the Technical Proposals will be opened at the date and
time advised in the Bidding Document. The Price Proposals would remain sealed and held in custody by EESL. The
Technical Proposals would be evaluated by the bid evaluation committee. No amendments or changes to the
Technical Proposals are permitted.

Following the approval of the technical evaluation, and at an address, date and time advised by the EESL, the Price
Proposals will be opened. The Price Proposals would be evaluated and, following approval of the price evaluation,
the Contract would be awarded to the Bidder whose Bid has been determined to be successful based on the formula
given below.

In the event of any difference between the soft copy and the submitted hardcopy, hardcopy will be considered as
final.

Alternate bids will not be allowed. Since the bids are floated only to empanelled firms, no further technical
disqualification is permitted except on the ground of bid being non responsive.

Preliminary Evaluation: The technical proposals will be reviewed for deviations, acceptance of terms and
conditions, adherence to scope of work, formats required, etc., In case of non compliance on any of the above, bids
will be considered as technically non-responsive.

Technical Evaluation: The project experience, CV credentials of the team etc., would be evaluated and scores would
be given (out of 100).

Price Bid Evaluation: Financial Proposals of only such firms will be considered whose offers have been declared
Technically Responsive. The Financial Proposals of Technically Responsive Bidders submitted in electronic form

Page 9
            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme


will then be considered for further evaluation. Financial proposal should be un-conditional, failing which the bid
shall be summarily rejected.

For comparison of the combined Technical and Financial Score of all Firms, following formula will be used: Total
Score = (Technical Score x 0.70) + [(LP/FP) x 100] x 0.30. Where LP is the lowest price offer and FP is the price
offer of the firm being evaluated.

Contracts shall be awarded only to the bidder with the highest Total Score.

Detailed Technical Evaluation Methodology:

Technical Evaluation would be conducted on for parameters as shown in the table below:
 Technical Evaluation                Points
 Firm's Turnover                     25
 Project Experience                  50
 Man Power/ C.V                      25
 Total                               100

                                          Marks
 Firm's Turnover in (Lakhs)               (25)
 > 100                                    25
 >75_<=_100                               22.5
 >50_<=_75                                17.5
 < 50                                     12.5

                                          Marks
 Project Experience                       (50)
 Energy Audit Experience- Non DC          5
 Energy Audit Experience- DC              15
 Project Worth                            35

                                          Marks
 Worth of Project (Lakhs)                 (35)
 <4                                       20
 >4_<=_8                                  25
 >8_<=10                                  30
 >10                                      35

 Manpower/CV
 Qualification                                 10
 Experience in Years                            5
 Relevant Experience                            5
 BEE Certification                              5




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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme




 Qualification                      Marks
 Technical Graduate                       10
 Technical Diploma                        7.5
 Other Graduate                             5
 Other                                    2.5
 Total                                    10

 Experience in Years                Marks
 > 10                                       5
 >5_<=_10                                   4
 >1_<=_5                                  2.5
 Total                                      5

 Relevant Experience                Marks
 Audit Experience > 5 Audits                2
 Audit Experience > 10
 Audits                                     4
 Audit Experience > 20
 Audits                                     5
 Total                                      5

 BEE Certification                  Marks
 Energy Auditor                             5
 Energy Manager                             4
                                            5


For the purpose of technical evaluation five project experiences will be considered. These projects should be only
from the eight sectors of designated consumers which have been proposed to be undertaken under the PAT Scheme.

All the applicants whose bids are found to be responsive in technical evaluation shall be considered for financial
evaluation. The cost indicated in the financial proposal shall be deemed as final and reflecting the total cost of
service. For comparison of the combined Technical and Financial Score of all Firms, following formula will be
used: Total Score = (Technical Score x 0.70) + [(LP/FP) x 100] x 0.30. Where LP is the lowest price offer and FP is
the price offer of the firm being evaluated. Firm with bid of highest total score will be considered as successful
bidder for each group within a particular sector.
A bidder can bid for all the groups within a sector for which it has been empanelled with EESL. If an applicant is
found to be successful for a particular group in a sector, its financial proposal will not be considered for other groups
in that sector. Financial proposal of other applicants (all applicants except the successful bidders in the previous
groups) shall then be considered/ evaluated for the subsequent groups in that sector. This sequence of financial bid
evaluation will be repeated till all the groups/clusters, in a particular sector of designated consumers, are financially
evaluated. However, if only one bid remains for a group within a sector the Financial Proposal of already qualified
bidders would then be considered for financial evaluation of the remaining group. And the same sequence, as stated
above, would further be followed for the remaining groups of that sector.


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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme



7.0   INSTRUCTIONS TO THE AGENCIES / FIRMS

7.1   Financial Proposal.


Bidder/Firm shall submit one soft and two hard copies(Mark as “ORIGINAL” & “COPY”, in event of difference
between original & copy, original will be considered as final) of sealed financial proposals for each group within a
sector, in the form 8.4, “Financial Proposal”, clearly indicating the total cost of service in both figure and words, in
Indian Rupees, and signed by Firms authorised signatory. In the event of any difference between figures and words,
the amount indicated in words will be taken in account. In the event of difference between the arithmetic total and
the total shown in the financial proposal, the lower of the two shall be taken into account.

The financial proposals for each group should be sealed in separate envelop and should be clearly marked as
“FINANCIAL PROPOSAL” along with the group name as given in the as given in the annexure – 1. All the
financial proposals for groups of a particular sector, should then be sealed in a single envelop and should be marked
as “FINANCIAL PROPOSAL” along with the name of that sector.

All the cost associated with the assignment shall be included in the financial proposal. These shall normally cover
remuneration for all the personnel, accommodation, logistic cost, etc. The total amount indicated in the financial
proposal shall be without any condition attached or subjected to any assumption and shall be final and binding. In
case any assumption or condition is indicated in the financial proposal, it shall be considered non-responsive and
liable to be rejected.

The financial proposal shall take into account all expenses and tax liabilities except the service tax. For the
avoidance of doubt, it is clarified that all taxes excluding service tax shall be deemed to be included in the cost of
service. Further all payment shall be subjected to deduction of taxes at source as per applicable laws.


7.2   Cost of RFP


The agency / firm shall bear all costs associated with the preparation and submission of its RFP, including cost of
presentation for the purposes of clarification of the bid, if so desired by the purchaser. EESL will in no case be
responsible or liable for those costs, regardless of the conduct or outcome of the qualifying process.

7.3   Contents of the RFP


The agency / firm are expected to examine all instructions, forms, terms & conditions and Statement of Work in the
RFP documents. Failure to furnish all information required for submission of the RFP Document not substantially
responsive to the RFP in every respect will be at the agencies / firms’ risk and may result in the rejection of the RFP.


7.4   Bid Security and Performance Security


7.4.1 Ernest Money Deposit

The bidder shall furnish, as a part of its proposal, a bid security of Rs. 50,000.00 (Rs. Fifty Thousand Only) per
sector for which it wishes to bid for, in the form of demand draft issued by any nationalized/ scheduled bank, in
favour of “Energy Efficiency Services Limited” payable at New Delhi, returnable after finalization of the selection
of firms for base line energy audit under PAT scheme.


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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme




The Earnest Money Deposit (EMD) for the losing bidders will be returned immediately while the EMD for the
winning bidders will be returned on submission of the bank guarantee.

Any bid not accompanied by the bid security will be rejected by EESL. EESL shall not be liable to pay any interest
on the bid security and the same shall be interest free.

7.4.2 Performance Security

Within twenty-eight (28) days of the receipt of notification of award from EESL, the successful bidder shall furnish
the Performance Security in the form of Bank Guarantee. The value of Performance Security would be 30% of the
total contract value. The Performance Security would be valid till the completion of the assignment or any such
extended period as decided by the EESL.

The Performance Guarantee will be taken against mobilization advance and successful performance of contract.
EESL may invoke the Bank Guarantee (as a performance guarantee) at its discretion if the consultants performance
is found to be unsatisfactory, delayed or found to be violating any other terms and conditions defined in the RFP.

7.5   Conflict of Interest


The agencies / firms who are selected for the work will have to maintain the confidentiality of the information
compiled. In no case the agencies / firms would be allowed to use the data or share the information with anyone else,
except for the BEE and EESL.

BEE and EESL shall hold the copyrights over any of the data collected or compiled during the course of the awards.

7.6   Language of Bids


The bids prepared by the agencies / firms and all correspondence and documents relating to the bids exchanged by
the agencies / firms and the Purchaser, shall be written in the English language, provided that any printed literature
furnished by the agencies / firms may be written in another language so long the same is accompanied by an English
translation in which case, for purposes of interpretation of the bid, the English translation shall govern.


7.7   Confidentiality


EESL require that recipients of this document to maintain its contents in the same confidence as their own
confidential information and refrain from any public disclosure whatsoever.


7.8   Disclaimer


EESL and/or its officers, employees disclaim all liability from any loss or damage, whether foreseeable or not,
suffered by any person acting on or refraining from acting because of any information including statements,
information, forecasts, estimates or projections contained in this document or conduct ancillary to it whether or not
the loss or damage arises in connection with any omission, negligence, default, lack of care or misrepresentation on
the part of EESL and/or any of its officers, employees.



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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme



7.9   Authorized Signatory (Agencies / Firms)


The "Authorized Signatory" as used in the RFP shall mean the one who has signed the RFP document forms.
The authorized signatory should be the duly Authorized Representative of the agencies / firms, for which a
certificate of authority will be submitted. All certificates and documents (including any clarifications sought and any
subsequent correspondences) received hereby, shall, as far as possible, be furnished and signed by the authorized
signatory. The power of authorization or any other document consisting of adequate proof of the ability of the
signatory to bind the agency / firm shall be annexed to the bid. EESL may reject outright any proposal not supported
by adequate proof of the signatory’s authority.


7.10 Conditions for Consortium / Outsourcing

The agencies / firms may have the option to submit the proposal with other consortium partners only if empanelled
with EESL as consortium.
Consortium of not more than two agencies / firms may apply and agreement entered into by the consortium partners
shall be submitted. Non-submission of agreement documents of the consortium partners will lead to disqualification.

Consortium partners firms cannot bid separately for the same group if applied by their consortium. In case of any
such discrepancy found, bid for the both consortium and firms will be rejected. Selected bidders cannot outsource
their work to any third party at any point of time.

The consortium partners should not be involved in any major litigation that may have an impact of affecting or
compromising the delivery of services as required under this contract. The consortium partners should not have been
black-listed by any Central / State Government or Public Sector Undertakings. If at any stage of qualifying process
or during the currency of the Contract, any suppression / falsification of such information is brought to the
knowledge, EESL shall have the right to reject the proposal or terminate the contract, as the case may be, without
any compensation to the consortium of agency / firms.

7.11 Contact details of the Agencies / firms


The agencies / firms who want to receive EESL's response to queries should give their contact details to EESL. The
agencies / firms should send their contact details in writing at the EESL’s contact address indicated under section
1.2.

7.12 Amendment of RFP


At any time prior to the last date for receipt of bids, EESL, may, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective agencies / firms, modify the RFP Document by an amendment.
In order to provide prospective agencies / firms reasonable time in which to take the amendment into account in
preparing their bids, EESL may, at their discretion, extend the last date for the receipt of bids and/or make other
changes in the requirements set out in the RFP.

7.13 Documents Comprising the RFP


The proposal prepared by the agencies / firms shall comprise the following components:

Proof of empanelment

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             Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                               Perform Achieve and Trade (PAT) Scheme


Correspondence Details
Bid Security fee of INR ___________ (Rs 50,000 per sector).
Technical Proposal (Firm’s Turnover, Project Experience, CV, etc.)
Financial Proposal
Bidder shall strictly use the same format which has been provided with this bid. Bidder should not make any change
or modification to the excel formats.

7.14 Power of Attorney


Registered Power of Attorney executed by the agencies / firms in favour of the Principal Officer or the duly
Authorized Representative, certifying him/her as an authorized signatory for the purpose of this RFP. EESL shall
not be responsible for non-receipt / non-delivery of the RFP due to any reason whatsoever.

The agencies / firms are advised to study the RFP document carefully. Submission of RFP shall be deemed to have
been done after careful study and examination of the RFP document with full understanding of its implications.

7.15 Fraud and Corruption


It is the Company’s policy to require that consultants, and their agents (whether declared or not), personnel, sub-
contractors, sub-consultants, service providers or suppliers, under Company-financed contracts, observe the highest
standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Company:
defines, for the purposes of this provision, the terms set forth below as follows:
(i)     “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
“fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
“collusive practices” is an arrangement between two or more parties designed to achieve an improper purpose,
including to influence improperly the actions of another party;
“coercive practices” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of a party;
“obstructive practice”
(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making
false statements to investigators in order to materially impede a Company investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the Company’s inspection and audit rights.
will reject a proposal for award if it determines that the consultant recommended for award, or any of its personnel,
or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the
contract in question;
will sanction a firm or an individual, at any time, in accordance with prevailing Company’s sanctions procedures,
including by publicly declaring such firm or individual ineligible, either indefinitely or for a stated period of time: (i)
to be awarded a Company financed contract; and (ii) to be a nominated sub-consultant, supplier or services provider
of an otherwise eligible firm being awarded a Company-financed contract.
will require that a clause be included in the RFP and in contracts financed by a Company loan requiring consultants,
and their agents, personnel, sub-consultants, sub-contractors, service providers or suppliers, to permit the Company
to inspect all accounts, records and other documents relating to the submission of proposals and contract
performance, and to have them audited by auditors appointed by the Company.


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            Request for Proposal for Conducting Baseline Energy Audit of the Designated Consumers under the
                              Perform Achieve and Trade (PAT) Scheme


8.0    TERMS OF PAYMENT

The payment shall be made by EESL on achieving milestones on verification of invoice as follows:

     20% of the order/ contract value- as mobilization charge against submission of requisite bank guarantee.
     40% of the order/ contract value- on acceptance of final baseline energy audit report for 50% of the
         industries within a group
     40% of the order/ contract value- on acceptance of final baseline energy audit report for 100% of the
         industries within a group
There may be a variation of + 20% in the actual work assigned. Any variation beyond this range would be
negotiated on mutually agreed and acceptable terms and conditions.


9.0    LIQUIDATED DAMAGE


In case of delay at any stage in execution of the contract due to reasons solely attributed to successful bidder beyond
the time schedule as agreed or any extension thereof granted by EESL @ 0.5% (half percent) per week of the
payment due to that stage subjected to maximum of 10% of the total value of payment due for that stage will be
imposed.


10.0   FORCE MAJEURE

FORCE MAJEURE shall mean and be limited to the following:
a) War/hostilities
b) Riot or Civil commotion
c) Earthquake, flood, tempest, lightening or other natural physical disaster.
d) Restrictions imposed by the Government or other statutory bodies which prevents or delays the execution of the
Contract by Bidder.

In the event of any force majeure cause, Bidder or the EESL shall not be liable for delays in performing their
obligations under this order and the completion dates may be extended, for a period not exceeding the period of
delay attributable to the causes of Force Majeure. Neither EESL nor Bidder shall be liable to pay extra costs
provided it is mutually established that Force Majeure Conditions did actually exist.

The Bidder shall at all times, Indemnify and keep indemnified, the EESL and its officer’s servants and agents, from
and against all/any claims whatsoever, arising as a consequence of, or in the course of execution of the work
(including but not limited to property loss and damage, personal accident, injury or death of or to property or person,
of the consultant or any JV partner or subcontractor, and / or the servants or agents of the consultant, or any other JV
partner or any sub contractor and / or of the BEE).




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