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HARYANA POWER GENERATION CORPORATION LIMITED NIT FOR ENGAGEMENT OF CONSULTANT FIRM FOR PREPARATION AND FILING OF ARR PETITION OF HPGCL FOR THE 2 nd CONTROL PERIOD w.e.f. FY 2018-19 INCLUDING FILING OF TRUE UP TARIFF PETITION,MID YEAR REVIEW AND TARIFF DETERMINATION OF HPGCL EVERY YEAR SEPARATELY DURING THIS CONTROL PERIOD AS PER HERC MYT REGULATION . Controller Finance /HPGCL Urja Bhawan, Sector-6, Panchkula-134113

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Page 1: HARYANA POWER GENERATION CORPORATION LIMITED · HARYANA POWER GENERATION CORPORATION LIMITED ... Haryana Vidyut Prasaran Nigam Ltd. (HVPNL), ... Panipat Thermal Power Station, Panipat

HARYANA POWER GENERATION CORPORATION LIMITED

NIT

FOR

ENGAGEMENT OF CONSULTANT FIRM FOR PREPARATION AND FILING OF ARR

PETITION OF HPGCL FOR THE 2ndCONTROL PERIOD w.e.f. FY 2018-19 INCLUDING

FILING OF TRUE UP TARIFF PETITION,MID YEAR REVIEW AND TARIFF DETERMINATION

OF HPGCL EVERY YEAR SEPARATELY DURING THIS CONTROL PERIOD AS PER HERC

MYT REGULATION .

Controller Finance /HPGCL Urja Bhawan, Sector-6, Panchkula-134113

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Table of Content

Sr. no. Description Page no.

1. Invitation for NIT 4

2. Instructions to bidder on E-tendering System 7

3. Detailed document for NIT 10

4. General Terms and conditions of the contract 14

5. Annexure-1 Proposal Submission Form 17

Annexure-2 Team composition and task assignments 18

Annexure-3 Statement of deviations from the tender document 19

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INTRODUCTION

Haryana Power Generation Corporation Ltd. came into existence on 14.08.98 after the restructuring of Haryana State Electricity Board into Haryana Power Generation Corporation Ltd. (HPGCL), Haryana Vidyut Prasaran Nigam Ltd. (HVPNL), Uttar Haryana Bijli Vidyut Nigam Ltd.(UHBVNL) & Dakshin Haryana Bijli Vidyut Nigam Ltd. (DHBVNL) under the Reform Programme.

The main objectives of HPGCL are as under: -

To generate power from its existing Generating Stations in the most efficient manner on commercial lines and to sell the same to distribution companies.

To set up new Power Generation Projects.

HPGCL owns & operates the following power plants in the state:

1. Panipat Thermal Power Station, Panipat - 920MW.

2. Rajiv Gandhi Thermal Power Project, Khedar, Hisar. – 1200 MW

3. Deen Bandhu Chhotu Ram Thermal Power Project, Yamuna Nagar - 600MW.

4. WYC Hydro Power Station, Yamuna Nagar – 62.4 MW

5. 10 MW Solar Plant ,PTPS Panipat

Apart from the above power projects the State Govt. / Govt. of India has also sanctioned the following new projects to be set-up in the 12th/13th Plan:

1. Solar Plants of 11.5 MW capacity is proposed to be set-up at WYC Hydro Power Station, Yamuna Nagar . Feasibility Report of the above solar project has been prepared by the consultant M/s Gujarat Energy Research &Management Institute (GERMI), Gandhinagar, Gujarat.

2. Further, the Board of Directors of HPGCL has also approved the formation of a Joint Venture (JV) company i.e. Saur Urja Nigam (SUN) Haryana with HSIIDC for development Solar Parks at various locations in Haryana.

3. 1x800 MW Thermal Unit based on Super Critical Technology at Yamuna Nagar as an extension project of the existing 2X300 MW DCRTPP Yamunanagar. 1500 MW Gas based project planned at Faridabad. (Plans for this project are currently shelved due to non-availability of Gas allocation).

4. One Coal Block at Kalyanpur-Badalpara in Jharkhand with estimated reserves of about 102 Million Tonnes has been allocated to HPGCL for the proposed1X800 MW expansion Unit of DCRTPP Yamunanagar.

5. HPGCL is also facilitating Nuclear Power Corporation of India Limited (NPCIL) in getting all the necessary clearances from the Govt. of Haryana for setting up 2800 MW (4X700 MW) Nuclear Power plant in Fatehabad district of Haryana.

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NOTICE INVITING e-TENDER DATED:

E-tenders in two part as per qualifying criterion specified in Section ”A” of the tender documents are invited by the Controller of Finance, HPGCL , Panchkula as per schedule given as under:-

NIT No.

03/ Reg-

406/Fin/HPGCL

Description of work Last date &

time of bid

Submission

Amount of EMD

to be deposited

via RTGS/NEFT

through online

portal as per

conditions

mentioned in

the bidding

document (Rs.)

Cost of

tender

document

(Rs.)

e-

service

charges

(Rs.)

Dated:

04 .08.2017

Engagement of consultants for undertaking consultancy job for preparation of Capital Investment Plan, Business plan & Multiyear ARR petition for the 2nd control period w.e.f 1st April, 2018 before the HERC as per HERC, MYT Regulation

24 .08.2017

11:00 hours

24,000/- 1180/- 1,000/-

Note i. Cost of Tender documents and E-service charges of Rs.2180/- (1180 cost of tender documents

+1000/-e-service charges) are to be paid online through e-procurement portal https://harayanaeprocurement.gov.in.

ii. The details of above NIT/Bid documents, qualifying requirement and tender documents can be seen and downloaded from HPGCL website www.hpgcl.org.in.

Dy. Secy. /Tariff &Planning for Controller of Finance,

HPGCL, C-7, Urja Bhawan, Sector-6, Panchkula, Haryana

HARYANA POWER GENERATION CORPORATION LIMITED

Regd. Office – C-7, Urja Bhawan, Sector-6, Panchkula

Corporate Identity Number: U45207HR1997SGC033517

Website: www.hpgcl.org.in E-mail- [email protected]

Telephone No. 0172-5022412 Fax No. 0172-5022421

An ISO:9001,ISO:14001 & OHSAS:18001 CERTIFIED COMPANY

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INFORMATION REGARDING ONLINE PAYMENT OF TENDER DOCUMENT, E SERVICE

AND EMD FEES.

The Bidders can download the tender documents from the Portal:

https://haryanaeprocurement.gov.in.

The Bidders shall have to pay for the Tender documents, EMD Fees & eService Fee online by

using the service of secure electronic payment gateway. The secure electronic payments

gateway is an online interface between contractors and online payment authorization networks.

The Payment for Tender Document Fee and eService Fee is amounting to Rs. 2180/- (Rs. 1180

cost of tender documents + 1000/- e-service charges) can be made by eligible bidders/

contractors online directly through Debit Cards & Internet Banking Accounts and the Payment

for EMD amounting to Rs. 24,000/- (Rs. Twenty Four thousand only) can be made online

directly through RTGS / NEFT.

NOTE: If the tenders are cancelled or recalled on any grounds, the tender document fees & e-

service fee will not be refunded to the agency.

The Tenders can submit their tender documents (Online) as per the dates mentioned in the key

dates:-

Key Dates

Sr.

No. Department Stage Tenderer‟s Stage Start date

Expiry date

and time

1 ------

Downloading of Tender

Documents, Bid Preparation &

submissions

04 .08.2017

24 .08.2017

11 :00 Hours

2 Technical Opening (Part-I) -

24 .08.2017

11 :30 Hours

---

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NIT is invited from consultancy firms for engagement in HARYANA POWER

GENERATION CORPORATION LIMITED Panchkula for undertaking consultancy job for

preparation of Multiyear/Annual ARR petition for the 2nd control period before the HERC as per

HERC, MYT Regulation.

The NIT is open to the consultant firms who have the 03 years experience in

development of concept and structuring of tariffs for State Generation utility. The consultant firm

should have executing experience in preparation of ARR under Multiyear tariff proposal of at

least two (one related to Power Generation business) different utilities for filing to SERC/CERC.

The Consultant should have sound knowledge and understanding of legal framework

governing the power sector, experience of Multi Year Tariff determination of public utilities,

financial analysis & accounting and should be well acquainted with the working of State

Electricity Board /Power Utilities and present regulatory framework in the power sector.

Interested firms are required to submit detail of their past experience, man power,

branches/locations and a write up on „mitigation‟ of regulatory risks in power sector.

The detailed document for engagement of consultant firms can be downloaded from

HPGCL‟s website www.hpgcl.org.in .The due date for submission of bids is 24.08.2017 up to

11:00 hrs. and the NIT shall be opened on 24.08.2017 at 11:30 Hrs.

Document & e-service charges as applicable are to be paid online through e-procurement

portal https://haryanaeprocurement.gov.in.

The NIT can also be viewed on HPGCL’s Website:http://www.hpgcl.org.in and e-procurement portal https://www.haryanaeprocurement.gov.in. For any clarification regarding Bid preparation and Bid submission, please contact: M/s Nextenders (India) Pvt. Ltd. O/o DS&D Haryana, SCO-09, IInd floor, Sector-16, Panchkula-134108.

E-mail: [email protected] Help Desk: 1800-180-2097 (Toll Free Number)

Dy. Secy./Tariff& Planning, for Controller Finance ,

HPGCL, Panchkula

HARYANA POWER GENERATION CORPORATION LIMITED

Urja Bhawan, Sector – 6, Panchkula

Notice Invite Tender

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HARYANA POWER GENERATION CORPORATION LIMITED

INSTRUCTION TO BIDDER ON ELECTRONIC TENDERING SYSTEM

These conditions will over-rule the conditions stated in the tender documents,

wherever relevant and applicable.

1. Registration of bidders on e-Procurement Portal:-

All the bidders intending to participate in the tenders processed online are required to get

registered on the centralized e-Procurement Portal i.e.

https://haryanaeprocurement.gov.in. Please visit the website for more details.

2. Obtaining a Digital Certificate:

2.1 The Bids submitted online should be encrypted and signed electronically with a

Digital Certificate to establish the identity of the bidder bidding online. These

Digital Certificates are issued by an Approved Certifying Authority, by the

Controller of Certifying Authorities, Government of India.

2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant‟s

PAN Card) and Address proofs and verification form duly attested by the Bank

Manager / Post Master / Gazetted Officer. Only upon the receipt of the required

documents, a digital certificate can be issued. For more details please visit the

website – https://haryanaeprocurement.gov.in.

2.3 The bidders may obtain Class-II or III digital signature certificate from any

Certifying Authority or Sub-certifying Authority authorized by the Controller of

Certifying Authorities or may obtain information and application format and

documents required for the issue of digital certificate from:

M/s Nextenders (India) Pvt. Ltd.

O/o. DS&D Haryana,

SCO – 09, IInd Floor,

Sector – 16,

Panchkula – 134108

E - mail: [email protected]

Help Desk: 1800-180-2097 (Toll Free Number)

2.4 Bid for a particular tender must be submitted online using the digital certificate

(Encryption & Signing), which is used to encrypt the data and sign the hash during

the stage of bid preparation & hash submission. In case, during the process of a

particular tender, the user loses his digital certificate (due to virus attack,

hardware problem, operating system or any other problem) he will not be able to

submit the bid online. Hence, the users are advised to keep a backup of the

certificate and also keep the copies at safe place under proper security (for its use

in case of emergencies).

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2.5 In case of online tendering, if the digital certificate issued to the authorized user of

a firm is used for signing and submitting a bid, it will be considered equivalent to a

no-objection certificate/power of attorney /lawful authorization to that User. The

firm has to authorize a specific individual through an authorization certificate

signed by all partners to use the digital certificate as per Indian Information

Technology Act 2000. Unless the certificates are revoked, it will be assumed to

represent adequate authority of the user to bid on behalf of the firm in the

department tenders as per Information Technology Act 2000. The digital signature

of this authorized user will be binding on the firm.

2.6 In case of any change in the authorization, it shall be the responsibility of

management / partners of the firm to inform the certifying authority about the

change and to obtain the digital signatures of the new person / user on behalf of

the firm / company. The procedure for application of a digital certificate however

will remain the same for the new user.

2.7 The same procedure holds true for the authorized users in a private/Public limited

company. In this case, the authorization certificate will have to be signed by the

directors of the company.

3 Opening of an Electronic Payment Account:

Tender document can be downloaded online. Bidders are required to pay the tender

documents fees online using the electronic payments gateway service. For online

payments guidelines, please refer to the Home page of the e-tendering Portal

http://haryanaeprocurement.gov.in.

4 Pre-requisites for online bidding:

In order to bid online on the portal http://haryanaeprocurement.gov.in , the user machine

must be updated with the latest Java. The link for downloading latest java applet is

available on the Home page of the e-tendering Portal.

5 Online Viewing of Detailed Notice Inviting Tenders:

The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the

tenders floated through the single portal e-Procurement system on the Home Page at

http://haryanaeprocurement.gov.in

6 Download of Tender Documents:

The tender documents can be downloaded free of cost from the e-Procurement portal

http://haryanaeprocurement.gov.in

7 Key Dates:

The bidders are strictly advised to follow dates and times as indicated in the online Notice

Inviting Tenders. The date and time shall be binding on all bidders. All online activities are

time tracked and the system enforces time locks that ensure that no activity or transaction

can take place outside the start and end dates and the time of the stage as defined in the

online Notice Inviting Tenders.

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8 Bid Preparation (Technical & Financial) Online Payment of Tender Document Fee,

eService fee, EMD fees and Submission of Bid Seal (Hash) of online Bids:

8.1 The online payment for Tender document fee, e-Service Fee & EMD can be done

using the secure electronic payment gateway. The Payment for Tender Document

Fee and eService Fee can be made by eligible bidders/ contractors online directly

through Debit Cards & Internet Banking Accounts and the Payment for EMD can

be made online directly through RTGS / NEFT.

The secure electronic payments gateway is an online interface between

contractors and Debit card / online payment authorization networks.

8.2 The bidders shall upload their technical offer containing documents, qualifying

criteria, technical specification, schedule of deliveries, and all other terms and

conditions except the rates (price bid).

The bidders shall quote the prices in price bid format.

8.3 Submission of bids will be preceded by submission of the digitally signed& sealed

bid (Hash) as stated in the time schedule (Key Dates) of the Tender.

NOTE:-

(A) If bidder fails to complete the Online Bid Submission stage on the stipulated

date and time. His/hers bid will be considered as bid not submitted, and hence

not appear during tender opening stage.

(B) Bidders participating in online tenders shall check the validity of his/her Digital

Signature Certificate before participating in the online Tenders at the portal

https://haryanaeprocurement.gov.in .

(C) For help manual please refer to the „Home Page‟ of the e-Procurement website

at https://haryanaeprocurement.gov.in, and click on the available link “How

to…?” to download the file.

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DETAILED DOCUMENTS/INSTRUCTIONS FOR NOTICE INVITING TENDER

FOR ENGAGEMENT OF CONSULTANT FIRM

Notice Inviting Tender (NIT) is invited by Controller Finance, HPGCL, Panchkula on behalf of

HPGCL, for engagement of consultancy firm in Haryana Power Generation Corporation Limited

Panchkula for undertaking consultancy job for preparation of Multiyear/annual ARR petition for

the 2nd control period w.e.f FY 2018-19 before the HERC as per HERC, MYT Regulation.

1. Scope of work for filling of ARR and tariff proposal for the 2nd control period will incorporate

the following main features to be undertaken by the Consultancy firm :-

a. Preparation, finalization & filing of Multi-year/Annual ARR, True –up (of the year(s) for which

audited accounts are available.) and midyear performance review petition for the 2nd control

period w.e.f FY 2018-19 in accordance to the HERC MYT Tariff Regulation along with a copy

of PPT. The presently time limit as per 1st control period for filing of Multiyear/Annual ARR

before HERC is up to 30th November.

b. Collection and Preparation of base date for Multi-years/annual ARR and tariff petition.

c. Validate the data before the HERC as and when required.

d. Timely response to queries raised by the HPGCL or commission.

e. To attend public hearing and reply to the objections/ suggestions received in response to

HPGCL Petition submitted before HERC.

f. Preparation of report on compliance of directives issued by the Commission in its earlier tariff

orders.

g. Any other work incidental to the filing and approval of ARR, True-up and Midyear Review

tariff proposal.

h. Analysis /examination of tariff order of the Commission for apprising the Company regarding

financial and other implications of the order of Commission and recommendations for

adoption of filing of review petition or appeal and also provides necessary assistance in filing

of review petition or appeal. If required.

i. Any expert/ legal opinion on the issues related to filing and determination of tariff for the

satisfaction of commission shall be arranged by the executing agency/consultant at its cost.

j. Any other appeal/petition to be filled before HERC as per requirement of HPGCL along with a

copy of PPT.

k. Monthly analysis of Performance parameters, preparation of cost sheet, SOP formats in

respect of HPGCL's various power stations/projects.

Note:

The above Scope of Work for the proposed consultancy assignment for HPGCL is as per

the terms of reference made in MYT Regulation for 1st control period. The above description

of scope of work is purely indicative and not exhaustive. The works which are not expressed/

mentioned in the scope of work but are to be performed as per MYT Regulation for 2nd

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control period relating to Tariff Petition shall be binding on the consultant. Changes/

additions can be made by HPGCL as a better understanding to enhance the value of the

study, without changing its basis nature.

The constituting firm shall deliver all the activities relating to above and as mentioned in MYT

regulation including methodology, work plan soft copy of all the documents along with the

source code.

2. Pre-Qualification Requirement (PQR) :

(i) Bidder should have 3 year experience as consultant firm in development of concept

and structuring of tariff for State Generation Utility.

(ii) Bidder should have executing experience in preparation of Capital Investment Plan &

Business Plan of Generation utilities & ARR under Multiyear tariff proposal of at least

two (one related to Power Generation business).different utilities for filing to

SERC/CERC .

Note: Bidder has to submit the documentary proof in support of PQR.

3. The representative of the firm dealing with HPGCL business must possess the

professional qualification of CA/ICWA/ MBA (Power Management/Finance) and assisted

by technical personnel.

4. Bidder shall submit details of their past experience, manpower, branches /locations and a

write up on „mitigation‟ of Regulatory risks in Power sectors.

5. The bidder to supply the detailed profile of its Technical & Financial competency with their

application along with supporting documents.

6. The bidder has to submit the proposed schedule of visit at Panchkula ( HPGCL

H.Q.) for meetings as well as detailed Work Plan for performance of Assignments

keeping in view the key dates as per HERC MYT Regulation for 1st control period as

well as for 2nd control period if required. The important dates will be discussed during

finalization of the contract and may be changed as per requirement of HPGCL if

required.

7. The firm should submit authentic supporting documents for proving its credential. Original

documents may be asked for verification at the time of finalizing the tender. A certificate to

the effect that the tenderer is not black listed from any Public Sector undertakings of

Central Govt./State Govt./SEBs/Corporations/any other reputed thermal/Hydel plant etc.

may also be provided. In case of any wrong declaration, the firm shall be liable for the

consequences arising thereof viz rejection of bid or as deemed fit by the HPGCL.

8. The bidder must have capability to depute technically qualified & well conversant

personnel (with similar-job) to carry out the requisite work/assignment. The Technical

detail so submitted shall clearly indicate the names, qualifications, experience and

designations of the persons who shall carry out the required assignment and senior

consultant who will guide this team. They shall list the main disciplines of the

Assignment/job, the key expert responsible, and proposed technical and support staff.

9. HPGCL shall require an assurance that the staff mentioned in the technical detail will be

actually available and deployed for this assignment. HPGCL will not consider

substitutions during the contract period except in cases of genuine hardship subject to the

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satisfaction of the HPGCL. The CV of professional substituting earlier professional should

be better than the replaced one.

10. HPGCL may hold review meetings at various stages, with the firm during which

senior/key personnel of firm shall be present.

11. The applicable MYT Regulation for 2nd Control Period is yet to be notified by the Hon‟ble

HERC. The last tariff order of HPGCL is available on the official website of the HERC i.e.

www.herc.gov.in. All the requirement of work /assignment to be done by the consultant

firm as per MYT Regulations for 2nd control period shall be binding on the consultant. An

undertaking in this regard shall be furnished by the bidder along with technical bid.

12. Bid Prices: Bidders shall quote the rate as per price bid only so that price covers all the

contract obligations mentioned in Scope of Services.

13. The successful bidder shall furnish a “Performance Bank Guarantee” on prescribed

Performa equal to 10% of the value of contract within one month of award of contract,

which shall be valid for 180 days after the completion of contract failing which Earnest

Money Deposit shall be forfeited.

14. The rate negotiations could be held up to L3 bidder, if the difference between the L1

quoted rates and those quoted by L2 and L3 is within 5% of the L1 quoted rates. In case

where the L1 bidder refuses to further reduce his offered price and the L2 or L3 bidders

come forward to offer a price which is better than the price offered by L1 bidder, the bidder

whose price is accepted becomes L1 bidder. However, in such a situation, the original L1

bidder shall be given one more opportunity to match the discounted price. In case of

acceptance, he would be treated as L1 bidder.

15. Controller Finance/HPGCL, Panchkula reserves the right to cancel the NIT or to

change qualifying requirement or to reject any or all the tenders so received without

assigning any reason.

16. In case, no deviation is found in Part-I (Technical bid) of all the participants firms, then

Price Bid tender of all the eligible participants shall be opened with the approval of

Controller Finance/HPGCL, Panchkula on subsequent date.

17. No interest shall be paid on EMD / Security Deposit for the period it remains deposited

with HPGCL.

18. Bidders are required to furnish the desired information and documents as are required in

this document in English only.

19. HPGCL reserves the rights to modify the document by issuing amendment/ clarifications

before the due date. Such amendment(s)/clarification(s) will be intimated to the Bidders.

20. In the event of rejection of the bid on any ground, HPGCL reserves the right to forfeit the

earnest money furnished by such Bidders.

21. Submission of Correct Bid proposal is the Bidder's responsibility. There will be no

consideration for errors and omissions on part of the bidders.

22. In addition to submit the bid (Technical as well price) online, the Bidder has to submit a

hard copy of TECHNICAL BID ONLY in the office of Controller Finance/HPGCL, C-7,

Urja Bhawan Panchkula before or on due date & time of the NIT.

23. No deviation shall be allowed. However, in case of deviation of taxes etc., the same be

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loaded for comparison purpose.

24. The bidders / contractors shall observe the highest standards of ethics during the

submission of tender and execution of the contract. In case of evidence of cartel

formation by the bidder(s) EMD is liable to be forfeited.

25. The bidder shall bear all costs including bank charges, if any, associated with the

preparation and submission of the bid and the HPGCL in no case will be responsible or

liable for those costs, regardless of the conduct or outcome of the bidding process.

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GENERAL TERMS AND CONDITIONS OF THE CONTRACT

The terms and conditions of the contract shall prevail and shall be binding on the firm and any

change or variation expressed or impressed how so ever made shall be inoperative unless

expressly approved by HPGCL. The firm shall be deemed to have fully informed himself and to

have specific knowledge of the provisions of Terms and Conditions of the contract mentioned

here under:-

1. PERIOD OF CONTRACT: Initially the period of the contract shall be for 3 years (as 2nd

control period w.e.f FY 2018-19 to be notified by HERC), the period of contract shall be

further extendable for further two years sole discretion of the HPGCL at the same Rates,

Terms & Conditions.

2. RULE AND REGULATIONS: The assigned job shall be carried out under the rules and

regulations in force and further guidelines/instructions issued by the HERC and HPGCL

from time to time in this regard.

3. TERMS OF PAYMENT DURING THE CONTRACT PERIOD: The payment shall be made

from the office of Sr. Accounts Officer /EAD, HPGCL, Panchkula after the acceptance of the

bills verified by the Controller Finance Office along with the work done report. The EMD of

the successful bidder will be converted into security.

Break up of annual payment shall be 60% on filling of Tariff Petition with HERC, 20% after

issuing of the Tariff order by HERC and remaining 20 % after successful completion of all

activities for relevant financial year. The payment will be made after deducting 10% amount

as security and the security will be refunded after successfully completion of the contract.

4. OUT OF POCKET EXPENSES: The boarding /lodging and conveyance for consultant‟s

representatives required for the purpose of execution shall be on the account of the firm.

Reasonable office space with furniture (if available) shall be provided by HPGCL for delivering

the job on demand by consulting firm. The firm shall use their own computers, internet, printer

& other appliances. The consulting firm is supposed to deliver two hard & soft copies of

documents prepared by them. The remaining copies shall be prepared by the HPGCL.

5. PENALTY: In case of delay in execution of assignment, the HPGCL reserves the right to

recover a penalty @5% (Five percent) per week or part thereof per assignment, subject to

maximum of 10%of the annual value of the work order. This recovery will be over and above

the any other penalty/recovery.

6. RECOVERY OF THE LOSS: In case any loss is sustained to the HPGCL due to fraud/

embezzlement/ misappropriation committed by the employees of the firm which could have

been detected during the normal course of work but remains undetected, the firm shall be

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liable to pay the same to HPGCL. This recovery will be over and above the any other

penalty/recovery.

7. Loss due to Delay: If HERC imposes any penalty due to delay in submission of any

assignment then the same will be recovered from the consultancy firm. This recovery will be

over and above the any other penalty/recovery.

8. FALL BACK ARRANGEMENTS: In the event of the failure of the firm to fulfill its

obligations, as per the contract, the HPGCL shall have the right to resort to fall back

arrangement. The HPGCL shall take charge of all facilities and systems whether in

operation or under execution, after giving suitable notice and can recover from the

performance BG the losses suffered due to such failure. If the security deposit is un-

sufficient, the firm shall have to pay the difference to the HPGCL failing which the HPGCL

will have the right to recover the same through legal or other means. Where necessary, the

case of consultant illegally backing out of the commitment, should also be put up to the MD/

H P G C L for consideration and to decide for black- listing of the firm and damages, if any, to

be recovered.

9. HANDING OVER ON TERMINATION: Immediately after termination of the contract

agreement the firm will cooperate in handing over back all the facilities and record in good

working order to the HPGCL. Upon termination of the contract/agreement, the authority of the

Agency to act as Agent of the HPGCL in the area shall immediately cease.

10. GOVERNING LAW AND JURISDICTION: The agreement shall be governed under Indian

law. Only appropriate courts in Panchkula shall have exclusive court jurisdiction to deal with any

matter arising out of or relating to the agreement or otherwise.

11. LIEN: In case of any lien or claim pertaining to the work and responsibility of the firm for which the

HPGCL might have been made liable, the HPGCL shall have the right to recover such claim amount

from the firm.

12. ARBITRATION: All matter questions, disputes, differences and / or claims arising relating to this

contract shall be referred to the Sole Arbitration of the M.D. HPGCL or an Officer appointed by the

M.D. HPGCL as his nominee. The provisions of the Arbitration & Conciliation Act, 1996 and the Rules

there under any statutory modifications thereof for the time being in force, shall be deemed to apply to

the Arbitration proceedings under this clause.

13. COMPLIANCE OF LAW: The firm shall be responsible a n d liable for carrying out of all of

its activities within the rules and laws in force .The HPGCL shall not be responsible for any

of the un- lawful activity committed by the firm.

14. RESPONSIBILITY FOR RECORD/DOCUMENTS: The firm shall be fully responsible for

upkeep, maintenance and safety of the record and documents supplied by the HPGCL and

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also for the record/documents generated by the firm. On completion of the contract/job the

firm will return all the documents supplied to it by the HPGCL and shall also handover all the

record/ documents generated by it for the purpose of completion of the assigned work. The

firm shall also be responsible to make the loss good if suffered by the HPGCL, due to act of

the firm.

15. CONDUCT OF STAFF OF FIRM/REPLACEMENT OF STAFF: If any of the employee of the

firm is found guilty of any misconduct or incompetence or negligence and then if so directed

by the HPGCL, the firm shall at once remove such employee and replace him with a

qualified and competent substitute ,Further ,the deployed staff/consultant can only be

replaced by the mutual consent of the participating firm and HPGCL.

16. The Firm shall not utilize or publish or disclose or part with any statistics, data or

information collected f rom HPGCL, without written consent of the HPGCL.

17. Financial Proposal: The bidder shall submit their financial bid/proposal as per the

prescribed Performa given as under:-

Sr. No.

Description of Job Rates quoted (In Rs.)

GST as applicable (in

Rs.)

1.

Annual Charges for preparation, finalization &

filing of the true up Tariff Petition, midyear

performance review, MYT/Annual ARR, Tariff

Determination wef FY2018-19 etc. as per

scope of work.

16. The offers shall remain valid for a period of 180 days from date of opening of price bid.

17. Termination of Agreement: - If the work entrusted is not proper and to the satisfaction of

HPGCL and if the work of the Consultants continues to be unsatisfactory, the agreement

shall be terminated by HPGCL by giving 10 days notice at any time during subsistence of

this agreement. The same will be entrusted to another consultant at risk & cost of

consultant firm and the extra expenditure incurred will have to be borne by the

Consultants.

18. Conflict of Interest: The Consultant/ consulting organizations should not have a

regulatory/ Tariff related assignment with either Haryana Electricity Regulatory

Commission or Distribution Licensees of Haryana during the course of assignment as the

same would be deemed as conflict of interest. The bidder should have to give undertaking

to this effect.

19. Short Closure: HPGCL reserve the rights to short close the contract after giving a notice

of 10 days at any stage without assigning any reason.

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20. Tenders not submitted on prescribed forms/without earnest money are liable to be rejected.

Furnishing of wrong information and false documents will make Agency liable to be barred/

black listed from participation in future contracts of the HPGCL.

Annexure-1

PROPOSAL SUBMISSION FORM

To

Controller Finance.

HPGCL, Urja Bhawan

Sector-6, Panchkula

No.

Date :

Subject: Engagement of Consultant Firm/Agencies for providing Consultancy Services.

Please refer to your E-Tender Enquiry regarding the engagement of consultant firm

for preparation and filing of MYT/Annual ARR Petition of HPGCL for the 2nd Control Period

including filing of true up, Midyear & determination of Tariff for next FY petition of HPGCL every

year separately during this control period as per MYT Regulation.

In this context it is intimated that our firm M/s____________________ is providing

consultancy services for the above mentioned similar job _______________________ from the

last _________ years in Government/private sectors such as ______________.

The following documents as required/mentioned in the E-tender Enquiry are being

enclosed for your ready reference and possible use.

1. _____________________________

2. _____________________________

3. _____________________________

4. ______________________________ (any other relevant document).

It is hereby affirmed that the enclosed documents are genuine and any

discrepancy in the statement / document, if found at any stage, shall be responsibility of

our firm and we shall be liable for all the consequences arising thereof.

You are requested to consider our request regarding engagement of our firm for

preparation and filing of MYT/Annual ARR Petition of HPGCL for the 2nd Control Period of

including filing of true up, Midyear & determination of Tariff for next FY petition of HPGCL every

year separately during this control period as per MYT Regulation.

Thanking you. DA/As above

Yours Sincerely,

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(Name, Designation & Signature of Authorized Signatory)

M/s________________________________

Annexure-2

TEAM COMPOSITION AND TASK ASSIGNMENTS

I: Technical/Managerial Staff

Name Position Task

II: Support Staff

Name Position Task

(Name, Designation & Signature

of Authorized Signatory)

M/s________________________________

__________________________________

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Annexure-3

Statement of deviations from the tender document if any

(Name, Designation & Signature of Authorized Signatory)

M/s________________________________

________________________________