<strong>NHPC LIMITED</strong><br /><strong>(A Govt. of India Enterprise)</strong><br /><strong>CIN: L40101HR1975GOI032564</strong><br />                                   <br /><strong>NOTICE INVITING E-TENDER </strong><br /><strong><em>International Competitive Bidding</em></strong><br /> <ol><li>Online electronic bids are invited for and on behalf of NHPC Limited, Faridabad, India on International Competitive Bidding (ICB)  in Single Stage Two Part Bidding basis (i.e. Part-I: QR + Technical Bid and Part-II: Financial Bid) with e-Reverse Auction (e-RA) from eligible bidders for the works of <strong>“Lot-3: Main Dam including Coffer Dam of Dibang Multipurpose Project”, Arunachal Pradesh, India</strong> as briefly described hereunder:</li></ol> <table border="0" cellspacing="0" cellpadding="0" ><tbody><tr><td colspan="3" width:70px">i)</td><td colspan="2" width:228px">Tender Specification No.</td><td width:330px">NH/CCW/CC-I/CO-317/PR12924/35</td></tr><tr><td colspan="3" width:70px">ii)</td><td colspan="2" width:228px">Tender ID</td><td width:330px">2024_NHPC_807459_2</td></tr><tr><td colspan="3" >iii)</td><td colspan="2" >Mode of tendering</td><td > e-Procurement System  (online)<br />Cover-I-Qualification Particulars and Techno-Commercial Bid<br />Cover- II - Price Bid<br />through web portal of Central Public Procurement Portal <a href="https://eprocure.gov.in/eprocure/app">https://eprocure.gov.in/eprocure/app</a></td></tr><tr><td colspan="3" >iv)</td><td colspan="2" >Time for Completion</td><td >91 months</td></tr><tr><td colspan="3" >v)</td><td colspan="2" >Estimated Cost</td><td >₹ 171709.1 Million.</td></tr><tr><td colspan="3" width:70px">vi)</td><td colspan="2" width:228px"><ol ><li>Earnest Money Deposit / Bid Security</li></ol> <br /> <br />ii) Tender Document Fees (non- refundable) by way of Demand Draft.</td><td width:330px"><ol ><li>US $ 1.1884 Million or INR 100 Million in the form of Demand Draft/ Bank Guarantee/ Insurance Surety Bond</li><li>Rs. 40,000/- (INR Rupees Forty Thousand Only) in favour of NHPC Limited, Faridabad</li></ol></td></tr><tr><td colspan="2" width:69px">vii)</td><td colspan="3" width:229px">Period of Bid Validity</td><td width:330px">180 days from the last date of submission of online bids.</td></tr><tr><td colspan="2" width:69px">viii)</td><td colspan="3" width:229px">Tender Inviting Authority</td><td width:330px">General Manager (Civil Contracts-I)<br />Room No. 218, 2nd Floor, Jyoti Sadan,<br />NHPC Office Complex, Sector-33, Faridabad-121003, Haryana (INDIA),<br />Tel. No.:+91(129) 2270596<br />Email: contcivil1-co@nhpc.nic.in</td></tr><tr><td colspan="6" width:628px"> <br /><strong>THE CRITICAL DATES OF TENDER ARE AS UNDER</strong></td></tr><tr><td width:48px">i)</td><td colspan="3" width:249px">NIT Issue date & Tender View Date and time</td><td colspan="2" width:331px">22.07.2024 (18:30 Hrs)</td></tr><tr><td width:48px">ii)</td><td colspan="3" width:249px">Last date of Receipt of clarification of Bid</td><td colspan="2" width:331px">17.08.2024 (upto 11:00 Hrs)</td></tr><tr><td width:48px">iii)</td><td colspan="3" width:249px">Date & Venue of Pre bid Conference</td><td colspan="2" width:331px">20.08.2024 (15:00 Hrs)<br />2nd Floor, Jyoti Sadan, NHPC Office Complex, Sector-33, Faridabad, Haryana, India-121003</td></tr><tr><td width:48px">iv)</td><td colspan="3" width:249px">Online Bid submission Start Date & Time</td><td colspan="2" width:331px">27.08.2024 (17:30 Hrs)</td></tr><tr><td width:48px">v)</td><td colspan="3" width:249px">Deadline for submission of online Techno-Commercial Bid & Price Bid.</td><td colspan="2" width:331px">17.12.2024  (17:30 Hrs)</td></tr><tr><td >vi)</td><td colspan="3" >Deadline for submission of Hard Copy (Offline documents) to Tender Inviting Authority</td><td colspan="2" >19.12.2024  (15:00 Hrs)<br /> </td></tr><tr><td rowspan="2" width:48px">vii)</td><td colspan="3" width:249px">Venue, Date & time of opening of online bids and offline documents:<br /> <ol ><li>Part-I - Techno-Commercial Bid</li></ol></td><td colspan="2" width:331px">Venue: O/o General Manager (CC-I), Contracts-Civil Division,  2nd Floor, Jyoti Sadan, NHPC Office Complex, Sector-33, Faridabad-121003 (Haryana)<br /> <ol ><li>19.12.2024 (15:30 Hrs)</li></ol></td></tr><tr><td colspan="3" ><ol ><li>Part II - Price Bid</li></ol></td><td colspan="2" ><ol ><li>Date and Time to be intimated later to the bidders whose Techno-commercial bids will be found responsive.</li></ol></td></tr><tr><td >viii)<br /> </td><td colspan="3" >Date & Time of Start of e Reverse Auction</td><td colspan="2" >Shall be intimated separately by NHPC</td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr></tbody></table>       <strong>Note: Wherever time is mentioned it is Indian Standard Time.</strong><br /> <ol><li>Complete tender can be viewed and submitted through Central Public Procurement Portal <a href="https://eprocure.gov.in/eprocure/app">https://eprocure.gov.in/eprocure/app</a> (link to reach at site is also available at Tender & Bids corner as ‘eProcurement’ at www.nhpcindia.com). Bids shall be submitted online at CPPP website only i.e. at <a href="https://eprocure.gov.in/eprocure/app">http://eprocure.gov.in/eprocure/app</a>. Bidders are advised to follow the instructions provided in the ‘Instructions to the Bidders’ for the e-submission of the bids online through the Central Public Procurement Portal. e-Reverse Auction (e-RA) shall be conducted after e-tendering.</li></ol> <ol><li><a name="_Toc353127064"><strong>Special Instructions to Bidders for E-tendering:</strong></a></li></ol> <br /><strong>3.1 Registration:</strong><br /> <ol ><li>Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal by using the “Online Bidder Enrollment” option available on the home page. <strong>Enrolment on the CPP Portal is free of charge.</strong></li></ol> <ol ><li>During enrolment/ registration, the bidders should provide the correct/ true information including valid email-id & mobile no. All the correspondence shall be made directly with the contractors/ bidders through email-id provided.</li></ol> <ol ><li>As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.</li></ol> <ol ><li>For e-tendering possession of valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) is mandatory which can be obtained from SIFY /nCode/eMudra or any Certifying Authority recognized by  CCA India on eToken/ SmartCard.</li></ol> <ol ><li>Upon enrolment on CPP Portal for e-tendering, the bidders shall register their valid Digital Signature Certificate with their profile.</li></ol> <ol ><li>Only one valid DSC should be registered by a bidder. Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse and should ensure safety of the same.</li></ol> <ol ><li>  Bidders can then log into the site through the secured login by entering their user ID/ password and the password of the DSC/ eToken.</li></ol> <br /><strong>3.2   Searching for Tender Documents:</strong><br /> <ol ><li>There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, Organization Name, Location, Date, Value, etc.  There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as Organization Name, Form of Contract, Location, Date, other keywords etc. to search for a tender published on the CPP Portal.</li></ol> <ol ><li>Once the bidders have selected the tenders they are interested in, they may download the required documents/ tender schedules. <strong>These tenders can be moved to the respective ‘My Tenders’ folder.</strong> This would enable the CPP Portal to intimate the bidders through SMS/ e-mail in case there is any corrigendum issued to the tender document.</li></ol> <ol ><li>The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification/ help from the Helpdesk.</li></ol> <br /><strong>3.3 Preparation for submission of Bid: </strong><br /> <br />The Techno-Commercial Bid and Price Bid to be submitted on-line at <a href="https://eprocure.gov.in/eprocure/app">https://eprocure.gov.in/eprocure/app</a>.<br /> <ol ><li>For preparation of bid Bidders shall search the tender from published tender list available on site and download the complete tender document and should take into account corrigendum if any published before submitting their bids.</li></ol> <br />After selecting the tender document same shall be moved to the ‘My favourite’ folder of bidders account from where bidder can view all the details of the tender document.<br /> <ol ><li>Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid. Bidders shall note the number of covers in which the bid documents have to be submitted, the number of documents – including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.</li></ol> <ol ><li>Any pre-bid clarifications if required, then same may be obtained online through the tender site, or through the contact details given in the tender document.</li></ol> <ol ><li>Bidders should get ready in advance the bid documents in the required format (PDF/xls/rar/dwf/jpg formats) to be submitted as indicated in the tender document/schedule. <strong>Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.</strong></li></ol> <ol ><li>Bidders can update well in advance, the documents such as experience certificates, annual report, PAN, EPF & other details etc., under “My Space/ Other Important Document” option, which can be submitted as per tender requirements. This will facilitate the bid submission process faster by reducing upload time of bids.</li></ol> <br /><strong>3.4  Submission of Bids:</strong><br /> <ol ><li>Bidder should log into the site well in advance for bid submission so that he/ she upload the bid in time i.e. on or before the bid submission time.</li></ol> <ol ><li>Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT/ tender document. The details of the DD/BC/BG/Insurance Surety Bond others physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.</li></ol> <ol ><li>While submitting the bids online, the bidder shall read the terms & conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid.</li></ol> <ol ><li>Bidders shall select the payment option as offline to pay the Tender Fee/ EMD and enter details of the DD/BC/BG/ Insurance Surety Bond others.</li></ol> <ol ><li>Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document.</li></ol> <ol ><li>Bidders shall note that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document.</li></ol> <ol ><li>Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document. For the file size of less than 1 MB, the transaction uploading time will be very fast.</li></ol> <ol ><li><strong>If price quotes are required in XLS format, utmost care shall be taken for uploading Schedule of quantities & Prices and any change/ modification of the price schedule shall render it unfit for bidding.</strong></li></ol> <br /><strong>   Bidders shall download the Bill of Quantities, in XLS format and save it without changing the name of the file. Bidder shall quote their rate in figures in the appropriate cells, thereafter save and upload the file in financial bid cover (Price bid) only. If the template of Bill of Quantities file is found to be modified/ corrupted in the eventuality by the bidder, the bid will be rejected and further dealt as per provision of the tender document.</strong><br /> <ol ><li><strong>The bidders are cautioned that uploading of financial bid elsewhere i.e. other than in Cover-II will result in rejection of the tender.</strong></li></ol> <ol ><li>Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority <strong>(TIA)</strong> well before the bid submission end date & time (as per Server System Clock). <strong>The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour</strong>.</li></ol> <ol ><li>After the bid submission <strong>(i.e. after Clicking “Freeze Bid Submission” i</strong>n the portal), the bidders shall <strong>take print out of system generated acknowledgement</strong> number, and keep it as a record of evidence for online submission of bid, which will also act as an entry pass to participate in the bid opening.</li></ol> <ol ><li>Bidders should follow the server time being displayed on bidder’s dashboard at the top of the tender site, which shall be considered valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system.</li></ol> <ol ><li>All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure) encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology.</li></ol> <ol ><li>After submission of the bid, the bidder can re-submit revised bid any number of times but before stipulated deadline for submission of bid. The bidders are advised not to withdraw their bids as once the bid is withdrawn, they cannot participate in same tender again.</li></ol> <br /><strong>3.5 Assistance to Bidders:</strong><br /> <ol ><li>Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.</li></ol> <ol ><li>Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk Number 0120-4001002, 0120-4001005, 0120-4493395 (International Bidders are requested to prefix +91 as country code) E-mail: support-eproc[at]nic[dot]in </li></ol> <br /><strong>3.6   Four Key Instructions for Bidders:</strong><br /> <br />The following ‘<strong>Four Key Instructions for Bidders</strong>’ must be assiduously adhered to:-<br /> <ol ><li> Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline.</li><li>Register your organization on CPPP well in advance of tender submission deadline.</li></ol> <ol ><li>Get your organization’s concerned executives trained on CPPP well in advance of tender submission deadline.</li></ol> <ol ><li>Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout, breakdown, etc.) While the first three instructions mentioned above are especially relevant to first-time users of portal, the fourth instruction is relevant at all times.</li></ol> <br /><strong>Note:</strong> <strong>Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date & time. NHPC/ NIC/ CPPP shall not be responsible for any delays / problems related to bandwidth, connectivity etc., which are beyond the control of the NHPC/ NIC/ CPPP.</strong><br /> <ol><li><strong>Eligible Bidders:</strong></li></ol> <ol><li> </li><li> </li><li> </li><li> </li></ol>To be eligible to participate in the bidding, the prospective bidder should meet the minimum Qualification Criteria set forth hereunder:<br /> <br /><strong>4.1   Technical Criteria</strong><br /> <ol><li> </li><li> </li><li> </li><li> <ol><li> </li></ol></li></ol><strong>4.1.1 General Technical Criteria</strong><br /> <br />The bidder (Sole Contractor) should have General Construction Experience as Principal Contractor or Partner of JV or Sub-Contractor approved by the Employer of ongoing/ completed major Civil Structure in a Water Resources/ Hydro Power Development Project or other similar Civil/infrastructure works during lasttwelve (12) years.<br /> <br />Similar Works / Major Civil Structure shall mean Dam/Barrage, Tunnel, Power House, Surge Shaft/Pressure Shaft.<br />In case of tunneling works the experience of tunneling of Highway Tunnel/ Railway Tunnel/Metro Tunnel shall also be considered.<br />The reference date for considering the period of preceding twelve (12) years for general construction experience shall be last day of the month previous to the one in which Bid is invited.<br /> <br /><strong>4.1.2  Specific Technical Criteria</strong><br /> <ol ><li>The Bidder should have successful experience as Sole Contractor or Partner of the JV or Sub-Contractor approved by the Employer for executing major civil work in substantially completed project during last 20 years reckoned from the last day of the month previous to the one in which Tender is invited for the following:</li></ol> <br />                        Completion of at least one Concrete Gravity/ Arch dam/RCC Dam of minimum 80 m height.<br />B.           Successful experience of completed works, either by the bidder Company itself or by the proposed HM Sub Contractor who have given authorization to the bidder in required format in Designing, manufacturing, installation, testing & commissioning of the Submerged Radial Gate having AxH = 4250 m3 in preceding 20 years.<br />Where:<br />“A” denotes as area (Clear width by clear height) for one gate in m2<br />“Clear Width” denotes distance between inner faces of two opposite piers.<br />‘Clear Height’ denotes the vertical height between the sill to centre line of top seal.<br />“H” denotes the normal design head at the bottom of the gate in meter.<br /> <br />(The reference date for considering the period of 20 years shall be reckoned from the last day of the month six months prior to the start of HM component of work as per the Construction Schedule.)<br /> <br /><strong>Note: </strong><ol><li>Substantial Completion is when the works are completed in a condition that it is capable of being occupied and used by Employer for the purpose for which it is intended. Substantial completion shall be based on 80 (eighty) per cent (value wise) or more works completed under the contract. Substantial completion should not be defined in terms of percentage completion, rather it should be based on functional consideration. For contracts under which the bidder participated as a joint venture member or Sub-Contractor, only the bidder’s share, by value, shall be considered to meet this requirement.</li></ol> <ol><li>Certificate for ‘substantial completion’ of project/work/asset should contain two parts.   Part -I shall contain ‘financial value of work done’ and part-II shall contain ‘certificate of functional completion of project/work/asset’.</li></ol> <ol><li>The evaluation of a bidder’s specific construction experience for a work executed on JV basis shall be based on his role and scope of work in such joint ventures. To establish his role and scope of work in such Joint Venture contracts, the bidder shall provide `documentary evidence to the extent of experience   claimed by him. In case the quantum of work as per, experience certificate does not match with the scope of work as defined in the JV/consortium agreement, then the experience credentials shall be considered as per the experience certificate issued by the Employer / client.</li></ol> <ol><li>In case scope of work of individual partners is not clearly defined in the JV/consortium agreement then credential of bidder being partner in a JV/consortium shall be decided in the following manner:</li></ol>a)  Where specific experience certificate in respect of individual JV partners is available, the same shall be considered to the extent of work executed by such JV partner.<br />b)  Where specific experience certificate is not available, or experience certificate is issued in the name of JV/consortium, the evaluation shall be done in the following manner:<br /> <br />i)     In case the participation / profit sharing percentage of bidder as per JV agreement is at least 35%, full credit of the work executed by the JV/consortium shall be given to such bidder.<br />ii)    In case the participation / profit sharing percentage of bidder in JV agreement is less than 35%, no credit of work executed under such JV shall be given to such bidder.<br />iii)   Notwithstanding (i) and (ii) above, in case of availability of specific experience certificate, (a) above shall apply.<br />In case both participation share and profit sharing ratio are available in the JV Agreement, participation share shall prevail.<br /> <ol><li>For the portion of work executed through a Sub-Contractor, full experience for that portion of work can be claimed by the Contractor as well as Sub-Contractor for fulfilling criteria for evaluation of bidder’s specific experience.</li></ol> <ol><li>The experiences of executing the work of a) Permeation Grouting, b) Post Tensioned Rock Bolts (Tendons), c) Curtain grouting, d) Monitoring instruments and e) Application of Polyurea Membrane are to be met through specialized agency.  Specialized agency shall have experience in application of Polyurea Membrane on dam face/ Concrete Surface of tall structures like shaft/chimney/ power plant cooling tower(s).Bidder shall propose 3 (three) Specialized Agencies for execution of each of the works mentioned at a), b), c), d) and e), out of which one qualified agency shall be deployed for execution for such work. Credentials and Work Experiences of each agency are to be submitted with the bid.</li></ol> <ol><li>The bidder shall mandatorily and continuously deploy during contract execution till its completion key personnel / experts/Agency having at least 5 year experience in relevant fields of construction management of RCC dams of minimum 139 m height. The key personnel / experts/Agency shall have expertise in a) RCC Dam construction, b) RCC Dam planning and monitoring, c) RCC Material and Quality Assurance. Apart from above, contractor shall mandatorily and continuously deploy experts from OEM for  RCC Equipment (Batching and Mixing Plant, Concrete conveying and placing system) planning and Maintenance having at least 5 years experience in construction of RCC DAM. Bidder shall propose separate key personnel/ expert)/Agency for each area of functional expertise.  The key personal(s)/expert(s) )/Agency shall be responsible for day to day guidance for full scale trials, conducting trial mix design, operations & maintenance of plants and equipment, quality control and material & schedule management. Evaluation of Key Personal(s)/Expert(s)/Agency to be engaged shall be done as per stated relevant experience in CV in the format provided in the bid document. More than one name can also be proposed by the bidder for similar positions. In case, any Key Personal(s)/Expert(s)/Agency is not found eligible, alternate Key Personal(s)/Expert(s)/Agency from the originally submitted list shall be considered for evaluation.</li></ol> <ol><li>In support of above for Radial Gate (Submerged), the bidder/HM Sub Contractor should provide copy of Performance / successful operation certificate for at least 2 years from the date of commissioning issued by Purchaser/ Owner of the equipment.</li></ol> <ol><li>The evaluation of bidders’ specific experience specified at Sl. No. 4.1.2.B (HM Portion) shall be done during the execution of the contract. The bidder has to submit all the required documents in respect of proposed Sub-contractor for HM works relating to the specific experience at least six months prior to the start of the HM portion of the work as per the construction schedule for approval of the Employer.</li></ol> <ol><li> Conceptual design and detailed design of sealing arrangement, supervision during final stages of erection, testing and commissioning of Lower-level submerged radial gate shall be got done by the reputed designer/ consultant who is having experience of designing radial gates along with sealing arrangement having A X H ≥ 3000 & head ≥ 75m. The testing and commissioning of the Lower-level gates shall be done under the supervision of the designer/ consultant.</li></ol> <ol><li><strong>   Financial Criteria</strong></li><li> </li></ol> <br />(i)    <strong>Turnover:</strong> Minimum average annual  turnover in the immediately preceding two (2) consecutive financial years shall be 333.57 million US$ or INR 2830.37 Crore.<br /> <br />(ii)  <strong>Net Worth:</strong> The bidder should have positive “Net Worth” in at least 02 financial years out of the last 03 financial years, with the condition of positive Net Worth in immediately preceding financial year.<br /> <br />‘Net worth’ means the aggregate value of the paid-up share capital and all reserves created out of the profits, securities premium account and debit or credit balance of profit and loss account, after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation.<br /> <br />For assessment, relevant pages of Annual Report containing Net Worth figure duly certified by Authorized representative of Bidders, otherwise, figure duly authenticated by the Statutory Auditors should be submitted.<br /> <br /><strong>(iii)       Working Capital</strong>: The working capital (current assets minus current liabilities) shall be at least 44.47 million US$ or INR 377.38 Crore.<br /> <br />For this purpose, current assets and current liabilities will be considered as classified in the audited balance sheet / equivalent financial statements including profit and loss statement of the immediately preceding financial year. If audited financial statement for the immediately preceding financial year is not available, then the bidder shall submit these statements certified by a Chartered Accountant.<br />If the Working Capital calculated from the audited Balance Sheets is negative, then such working capital shall be treated as zero.<br /> <br /><strong>Note:-</strong><br /> <ol><li>Other income shall not be considered for arriving at Annual Turnover.</li><li>The bidder’s financial evaluation vis a vis the requirement as stipulated above shall be done on the basis of duly printed (offset) Annual Report / Equivalent Financial Statement for the immediately preceding three years submitted by the bidder along with the Bid. In case, bid submission date falls up to 30th September, the annual reports / equivalent financial statement up to previous year of immediately preceding Financial Year shall be considered and for the Tenders having Bid Submission date after September, the annual reports / equivalent financial statement up to immediately preceding Financial Year shall be considered. Further, standalone audited Annual Financial Statement of bidder shall be forming part of the Annual Report / Equivalent Financial Statement.</li></ol> <br />In case, if bidder has not submitted the above Annual Report / Equivalent Financial Statement along with Bid, then a certificate from CEO/CFO of the bidder shall be submitted along with Bid mentioning that the requirement of Annual Report as per governing law of country is not mandatory in case of such bidders Equivalent Financial Statement shall be considered. In such cases duly notarized copies of Audited Printed Annual Financial Statement (Balance Sheet, Profit & Loss Statement, cash flow statement, Auditor’s Report thereon including all relevant Schedules/ annexures etc.) for the immediately preceding (3) three years be submitted by the bidder along with the Bid. The Annual Financial Statement shall be considered for evaluation in same manner as defined in above Para for consideration of Annual Reports / Equivalent Financial Statement<br /> <ol><li>In case where Audited financial results for the immediately preceding year are not available, then a statement of account as on the closing date of the immediately preceding financial year depicting the Turnover and Net Worth (calculated as per laid down criteria) duly certified by their Statutory Auditor/ Certified Public Accountant carrying out the statutory audit shall be enclosed with the Bid along with copy of appointment letter of the statutory auditor.  The Certificate should be issued with Unique Document Identification Number (UDIN) as per Gazette Notification No.1-CA (7)/192/2019 dated 02.08.2019 or any other document identification number issued to Certified Public Accountants by their respective Institute, if applicable.</li></ol> <ol><li>Wherever, the Annual Report/ duly notarized copies of Audited Printed Annual Financial Statement are in language other than English, then copy duly translated & printed in English language and certified by approved/ recognized English translator shall be submitted with the Bid.</li></ol> <ol><li>The qualification  given by Statutory Auditors on the Financial Statements which have impact on Net Worth, Turnover, Working Capital or any other Financial item shall be taken into account for calculating the above financial parameters of Qualifying Criteria.</li><li>For conversion to USD the exchange rate at the end of the respective accounting year shall be considered.</li></ol> <ol><li>For evaluation of financial parameters, bidder may seek exemption for the Financial Year 2020-21, being an exceptional year due to outbreak of COVID-19, by clearly stating the same in their bid submission.</li></ol> <ol><li>For the purpose of compliance to the stipulated turnover criteria given at Financial Criteria, the relevant turnover from Joint Ventures(s) as declared in the Joint Venture Agreement shall also be considered.</li></ol>The proportionate JV Turnover shall be certified by their Chartered Accountant in the absence of not appearing the same in Audited Financial Statement.<br /> <br /><strong>4.3         Bid Capacity</strong><br /> <br />The available Bid Capacity of the bidder at the time of submission of Price Bid, calculated as under should not be less than the estimated cost of the work put to tender:<br />Available Bid Capacity = (2.0xAxN)–B,<br />Where;<br /> <br />A =       Indexed value of Maximum value of works executed (in an ongoing or completed project) in any one year during last  5 years, keeping index of inflation as 6% (compounded annually) for calculating ’A’ at present Price Level..<br />N =       Number of years prescribed for completion of the subject contract package.<br />B=         Value of existing commitments (as on last date of bid submission) and ongoing works to be completed in the next ‘N’ years.<br /> <br />The bid capacity shall be assessed at the time of submission of the Bid and should not be less than the estimated cost of the work.<br />For conversion to INR the exchange rate at the end of the respective accounting year shall be considered.<br /> <br />The bidder shall submit documentary evidence together with a certificate from its statutory auditors in support of establishing ‘A’ and ‘B’ above, along with their Bid.<br /> <br /><strong>4.4         Insolvency</strong><br /> <br />The Bidder or Partner of JV, against whom an application for initiating corporate insolvency resolution process has been admitted by the Adjudicating Authority under the Insolvency and Bankruptcy code 2016, or as amended from time to time (IBC 2016 hereafter) (equivalent laws of the country where the firm has been incorporated / registered shall be applicable),  shall not be eligible for bidding. The same shall also be applicable to the bidder company who has taken unconditional technical and/or financial support from their Parent/Holding company, against whom an application for initiating corporate insolvency resolution process has been admitted by the Adjudicating Authority under the Insolvency and Bankruptcy Code 2016, or as amended from time to time (equivalent laws of the country where the firm has been incorporated / registered shall be applicable).<br />In case, bidder or partner of JV in respect of whom any application for initiating corporate insolvency resolution process was not admitted at the time of submission of bid but subsequently during the period of evaluation of bids or any time before the work is awarded, any such application is admitted by the Adjudicating Authority under the IBC 2016 (equivalent laws of the country where the firm has been incorporated / registered shall be applicable), the bidder shall be considered as ineligible and his bid shall be rejected.<br />An undertaking that “no insolvency proceedings are admitted by the Adjudicating Authority against bidder or partner of JV under the IBC 2016 (equivalent laws of the country where the firm has been incorporated / registered shall be applicable)” shall be submitted on letter head duly signed by the authorized representative of bidder or all the partners of JV.<br />Further, the bidder after submitting the bid till the time of award of work, shall inform NHPC regarding any admission of application for corporate insolvency resolution process by the Adjudicating Authority under the IBC 2016 (equivalent laws of the country where the firm has been incorporated / registered shall be applicable) against bidder or partner of JV and any suppression of such fact shall render the bidder liable for rejection of his bid and banning of business dealing as per terms and conditions of Guidelines of banning of business dealings under Integrity Pact.<br /> <br /> <br /><strong>4.5   Nature of Bidders</strong><br /> <br />Bidder should be a Sole Contractor or Sole Contractor in association with HM Sub Contractor for HM Works.<br /> <br /><strong>4.6</strong>    <strong>Joint Venture/Consortium Bidders - Deleted</strong><br /> <br /> <br /><strong>4.7    Bidders with HM Sub Contractor for HM Works</strong><br /> <br />Bidders can associate HM Sub Contractor for the specified activity in which he does not have relevant experience. The criteria to be met by such Bidder shall be as follows: -<br /> <ol ><li>The bidder himself to fully meet the following:</li></ol><ul><li>General Experience criteria as specified under Para 4.1.1</li><li>Specific Experience Criteria as specified under Para 4.1.2(A).</li><li>All criteria mentioned under Para 4.2,</li></ul> <ol ><li>At least six months prior to start of Hydro-mechanical works as per the Construction Schedule, the Bidder can propose to the Employer for approval of HM Sub Contractor fulfilling Specific Experience Criteria for Hydro-mechanical works specified under Para 4.1.2(B).</li><li>The bidder and his HM Sub Contractor should submit separate undertakings that the bidder / HM Sub Contractor shall be responsible for execution of that item of work for which they claim to have specific construction experience.</li></ol> <ol ><li>The bidder and his proposed HM Sub Contractor should collectively satisfy as a whole all the specified experience requirements.</li></ol> <ol ><li>The number of HM Sub Contractor shall not be more than 1(one).</li></ol> <ol ><li>HM Sub Contractor shall submit Performance Security in the form of Bank Guarantee/Insurance Surety Bond equivalent to 5% of value of HM Work within 30 days of approval by the employer.</li></ol> <br /> <br /><strong>4.8    Applications by Merged/Acquired/ Subsidiary Companies</strong><br /> <br />In case of an Bidder Company, formed after merger and / or acquisition of other companies, past experience and other antecedents of the merged / acquired companies will be considered for qualification of such Bidder Company provided such Bidder Company continues to own the requisite assets and resources of the merged / acquired companies needed for execution and successful implementation of the work package put to tender.<br />Similarly, if the Bidder Company is a Subsidiary Company and applies for tender on the unconditional technical and financial strength of the Parent / Holding Company, the same shall be considered provided the Parent / Holding Company commits to sign a Separate Agreement with NHPC (as per format contained in Tender document) confirming full support for the technical and financial requirements of the Subsidiary Company and commits to take up the work itself in case of non-performance by the Subsidiary Company in the event of award of the work to the Bidder Subsidiary Company.  An undertaking by the Parent / Holding Company to this effect shall be submitted along with the tender.  A subsidiary company intending to tender on the strength of Parent / Holding Company shall not be allowed to participate as a Sub-Contractor.<br />For the purpose stated herein above in this clause, ‘Parent Company’ shall mean the ‘Holding Company’ owning majority (more than 50%) shares  of such Bidder (Subsidiary) Company.  Similarly by extensions of this interpretation, if “A” is owned by a ‘Holding Company’ “B” which in turn is owned by another ‘Holding Company’ “C”, then “C” is construed as the ‘Parent Company’ of “A” as well as and so on.  An apex ‘Parent Company’ may own number of independent Subsidiary / Group Companies and if any of these Subsidiary / Group Company commits assured support and unhindered access to its assets and resources to another Subsidiary / Group Company (Bidder in this case) under the same apex ‘Parent Company’ then experience and other credentials of such Subsidiary / Group Company shall be considered for tender of the Bidder Subsidiary Company provided such commitment is evidenced / authorized and guaranteed by the apex ‘Parent Company’.<br /> <br />In case Bidder Company (Subsidiary Company) gets qualified and awarded the work package, the Parent / Holding Company will be required to furnish an additional performance bank guarantee of value equivalent to (5%) five percent of the Contract Price or portion of work (where the Subsidiary Company is Joint Venture Partner) as the case may be, in addition to normal Performance Bank Guarantee to be submitted by the Bidder Company to the Employer besides entering into a separate Agreement (in the requisite format). The experience of subsidiary companies of the Parent / Holding Company will be considered experience of the Parent / Holding Company. <br /> <br /> <ol><li><strong>Signing of </strong><strong>Integrity Pact:</strong></li></ol> <br />To improve transparency and fairness in the tendering process NHPC is implementing Integrity Pact and same shall be applicable to this tender.<br /> <br />The Integrity Pact, signed by all the prospective Bidders and NHPC Ltd., shall commit the persons/ officials of both the parties, not to exercise any corrupt/ fraudulent/ collusive/ coercive practices in the Tendering process. On award of the tender, the Integrity Pact shall be signed by the successful bidder and the Employer and commit the persons/ officials of both the parties, not to exercise any corrupt/ fraudulent/ collusive/ coercive practices  during implementation of the Contract. Only those Bidders who have entered into Integrity Pact with NHPC Ltd. shall be eligible to participate in the bidding process. Entering into Integrity Pact as per Performa provided in Tender Document is a basic qualifying requirement.<br /> <br />To oversee the compliance of obligation under the Integrity Pact, Shri Prabhash Singh, ITS (Retd.) and Dr. Vinod Aggarwal, IAS (Retd.) have been appointed as Independent External Monitor(s) (IEMs) by the Employer.:<br /> <br />The Contact address of IEMs is as under:<br /> <table border="1" cellspacing="0" cellpadding="0"><tbody><tr><td >Shri Prabhash Singh, ITS (Retd.)<br />E7 M702, Housing Board Colony,<br />Arera Colony, Bhopal,<br />Madhya Pradesh-462016<br />Email: <a href="mailto:srgmhrbpl@gmail.com">srgmhrbpl@gmail.com</a><br /> </td><td >Dr. Vinod Aggarwal, IAS (Retd.)<br />B-103, Sarvodaya Enclave,<br />2nd Floor,<br />New Delhi-110017<br />Email: <a href="mailto:arsv50@gmail.com">arsv50@gmail.com</a><br /> </td></tr></tbody></table> <br />Integrity pact is to be executed on plain paper at the time of submission of bid, irrespective of whether it is from Foreign/ Indian Bidder. The successful bidder (contractor) shall submit duly executed Integrity Pact on Non-judicial Stamp Paper of appropriate value as per stamp act applicable in the state of Haryana, India prior to signing of Contract Agreement.<br /> <ol><li>Bids of only those prospective Bidders who have downloaded the Bid Documents and are meeting the Eligibility Criteria specified above will only be considered for further evaluation and award of the Contract. Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria. NHPC Ltd. will, check and ascertain whether the bidder fulfils the Qualifying Criteria specified. In case, the qualifying criteria is not found meeting as per the requirement of tender document, the Bid of such bidder shall be considered as non-responsive and their Price Bid shall not be opened.</li></ol> <ol><li>NHPC Ltd. may impose certain restrictions on the foreign companies participating in any form and their employees in view of the national security, in the Project situated in the sensitive region and border areas.  NHPC Ltd. shall obtain clearance of Govt. of India regarding security implications prior to qualification of such companies. NHPC Ltd. would evaluate and determine the optimum number of foreign employees required to be deployed at the works site, being awarded or sub-contracted to foreign companies, keeping in view the requirements of works, location and technical necessities.  The number of foreign employee would be kept to the minimum and shall be limited to only technical/ supervisory staff. The foreign company shall provide the details of foreign nationals (passports details, job profile/ expertise, location and duration of stay etc.) and Company information for security clearance as per Application Form-1A for foreign nationals proposed to be engaged at Site.</li></ol> <ol><li>NHPC Ltd. reserves the right to accept or reject any bids, or cancel/ withdraw invitation to bid for any reason including national defense and security considerations, and annul the bidding process and reject all Bids at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder(s). However, the bidder(s), who wish to seek reason for such decision of cancellation/rejection, shall be informed of the same by NHPC Ltd. unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, relation with foreign State or lead to incitement of an offence.</li></ol> <br />Further, bidders from countries which share land border with India (except to which the Government of India has extended line of credit or in which the Government of India is engaged in development projects as mentioned in order Public Procurement No.2 dated 23.07.2020 or its subsequent revisions/amendments), shall comply with the provisions of “Restrictions under Rule 144(xi) of the General financial Rules (GFRs) 2017” dated 23.07.2020 and its subsequent amendments.<br /> <ol><li><strong>Purchase Preference to Make in India suppliers:</strong></li></ol> <ul><li> </li><li>16.09.2020, Order No.P-45021/2/2017-PP(BE-II)-Part(4)Vol.II dated 19.07.2024 and any subsequent amendments shall be applicable in this tender.</li></ul> <ul><li> </li></ul> <br /> <ol><li>In the event of the specified date for the submission of bids being declared a holiday for the Client, the hard copies of the documents will be received up to the specified time on the next working day. However, the date and time for online submission of the bids shall continue to be the date and time specified above or any amendment for the same.</li></ol> <ol><li>Online submission of the Bids (incl. attachments) will not be permitted on the portal after expiry of submission time and the Bidders shall not be permitted to submit the same by any other mode. In such case, even if the bidder has submitted the specific documents in hard copy(ies) in original within the stipulated deadline, its bid shall be considered as late  and shall not be considered at all any further. Offline documents, if received by The Employer after the deadline for submission of hardcopies, then it will be considered as late bid even if the bidder has uploaded the bid online with in the deadline. In such a case, the bid uploaded on the portal shall not be considered at all any further.</li></ol> <ol><li>Bids will be opened as per the schedule at the aforesaid venue. In case the office happens to be closed on the date of opening of bid as specified, the same will be opened on the next working day at the same time and venue.</li></ol> <ol><li>Tenderer who has downloaded the tender from the NHPC website <a href="http://www.bro.gov.in">nhpcindia.com</a> or Central Public Procurement Portal (CPPP) website <a href="https://eprocure.gov.in/eprocure/app">https://eprocure.gov.in/eprocure/app</a>, shall not tamper/modify the tender document including downloaded price bid template in any manner.  In case if the same is found to be tempered/modified in any manner, tender will be completely rejected and EMD would be forfeited and tenderer is liable to be banned from doing business with NHPC.</li></ol> <ol><li>The bids, as well as all correspondence and documents relating to the qualification exchanged by the bidders and the Client, shall be in the English language.</li></ol> <ol><li>The details/ information regarding online tendering i.e. Registration on CPP portal, Preparation of Bid and Submission of bid are available in the tender document.</li></ol> <ol><li>Any corrigendum/modification to tender documents shall be published in NHPC/CPP (e-Procurement service provider) website only and the bidders are advised to visit the site regularly before deadline for submission of bids.</li></ol> <ol><li>In case of any difference between wordings of English and Hindi version of ‘Notice Inviting Tender’, English version shall prevail.</li></ol> <br /><strong>Note:</strong> <strong>Mere issuance/downloading of Bid document to/by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility Criteria. Whether the bidder meets the specific eligibility Criteria or not, shall be checked or ascertained, on opening of their bids by scrutinizing documentary evidences furnished by them along with their Bid.</strong><br /> <br /> <br /><strong>(For & on behalf of NHPC Ltd.)</strong><br /> <br /> <br /> <br /><strong>General Manager (CC-I), </strong><br />Contracts (Civil) Division,<br />Room No. 218, 2nd Floor,<br />Jyoti Sadan, NHPC Ltd.,<br />NHPC Office Complex, Sector-33,<br />Faridabad-121003 (Haryana),<br />Tele # +91 129-2270596<br />E-mail: <a href="mailto:contcivil1-co@nhpc.nic.in">contcivil1-co@nhpc.nic.in</a>