MAHARASHTRA STATE POWER GENERATION ...sets.mahagenco.in/images/koradi_chp_Request_for_Proposal.pdf1 MAHARASHTRA STATE POWER GENERATION COMPANY LTD. KORADI THERMAL POWER STATION KORADI

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MAHARASHTRA STATE POWER GENERATION COMPANY LTD.

KORADI THERMAL POWER STATION

KORADI – 441111.

MAHARASHTRA STATE (INDIA)

REQUEST FOR PROPOSAL (RFP)

Coal Fired Power Station Rehabilitation Project

Consultancy Services for Feasibility study Support & preparation of

DPR for renovation / refurbishment of Coal Handling Plant (CHP),

Koradi Thermal Power Plant 1x200 MW & 2x210 MW Koradi,

Dist. Nagpur (Maharashtra).

(Under World Bank Project)

Selection of Consultant

Quality Based Selection [QBS]

October-2014

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CONTENTS

Section 1: Letter of Invitation

Section 2: Instructions to Proposals

- List of Key Professional (Annex.-1)

- Data Sheet

Section 3: Technical Proposal – Standard Forms

Section 4: Financial Proposal – Standard Forms

Section 5: Terms of Reference (TOR)

Section 6: Standard Forms of Contract & Annexure

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Consultants’ Services

Section 1

Letter of Invitation

MAHARASHTRA STATE POWER GENERATION COMPANY

LIMITED

KORADI THERMAL POWER STATION, KORADI.

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Section 1. Letter of Invitation

Invitation No.: CE/KTPS/CHP/R&M/U-6/RFP/--------/ -------- /--------/ Date:-

Sub: Consultancy Services for Feasibility study support & preparation of DPR for renovation /

refurbishment of Coal Handling Plant (CHP) of Koradi Thermal Power Plant 1x200 MW &

2x210 MW Koradi, Dist Nagpur, (Maharashtra).

To,

Dear Sir,

---------------------------------------

----------------------------------------

Maharashtra State Power Generation Company Ltd. (MAHAGENCO) invites Proposals from

globally renowned Consultancy Firms to provide the following Consulting Services: The scope

of assignment will be the feasibility study support for renovation / refurbishment of coal

handling plant & Modernization and Life Extension.

More details on the Services are provided in the attached Terms of Reference(TOR).

The Request for proposal [RFP] has been addressed to the proposed consultants for following

studies. Requested Consultant services will mainly comprise: Feasibility study. Energy audit,

illumination survey, preparation of DPR, Design as per finalization of scope, preparation of

bidding documents & valuation of receiving bid for engineering project contractor (EPC).

A firm will be selected under Quality Based Selection (QBS).

The Request for proposal (RFP) includes the following documents:

Section 1: Letter of Invitation

Section 2: Instructions to Proposals

- List of Key Professional (Annex.-1)

- Data Sheet

Section 3: Technical Proposal – Standard Forms

Section 4: Financial Proposal – Standard Forms

Section 5: Terms of Reference (TOR)

Section 6: Standard Forms of Contract & Annexure

Please inform us, upon receipt: That you received the letter of invitation; and whether you will

submit a proposal alone or in association as a Joint Venture confirming joint and several

liabilities or as Sub-consultants.

A complete set of documents in soft format may be downloaded from MAHAGENCO Web-

Site sets.mahagenco.in e-Tendering web. While submitting the RFP the documents viz- VAT/

TIN, Service tax Registration No. firm registered with MAHAGENCO should clearly

mentioned on the sealed envelop of top cover, non fulfillment of the same shall be rejected the

offer. If the firm is not registered with MAHAGENO may please be get registered. Details are

http://www.set/

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available on our web site.

Pre Submission Meeting Dt. 17th

Nov 2014 at 15.00 Hrs on above address.

Submission of queries by bidders Dt. 24th

Nov 2014 up to 17.00 Hrs.

Clarification to the queries by KTPS Dt. 2nd

Dec 2014.

Bids must be submitted to the above address on or before Dt. 15th

Dec 2014 up to

17.00 Hrs.

RFP will be opened in the presence of bidders' authorized representatives (Details

available in documents) who choose to attend at 15.30 Hrs. on 16th

Dec 2014 at the

office of the Chief Engineer, Koradi Thermal Power Station, MSPGCL, Koradi –

441111, Dist. Nagpur, (MS), India.

Contact Person: - Executive Engineer (CHP), KTPS, Koradi. (Mob. No. +91 9423788232)

Yours sincerely,

Chief Engineer (O&M)

Maharashtra State Power Generation Company Ltd.

Koradi Thermal Power Station, Koradi – 441111.

Maharashtra, India.

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Section 2

Instructions to Proposals


LIMITED


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Instruction to Proposal

The Project Executing Agency (PEA) is Maharashtra State Power Generation Company

Limited, KTPS, Koradi.

1. General

The procedures, rules and regulations applicable to the proposal required by this Request for

Proposal (RFP) for the assignment of Consultants, as complemented and specified by this RFP.

The Consultant shall submit proposal in single envelop: (a) Information about the bidders, (b)

the Bid for Services.

The package shall display the following information:

- The address where the proposals have to be sent

- The title of the call for proposals such as indicated in the invitation letter.

- The proposal„s name.

- The following words clearly visible: “Call for Proposals – Not to be opened by the

Postal Service”.

Opening and evaluation of the bids is as follows.

a) Evaluation of the information about the bidder Creation of evaluation report &

short listing of candidate for request for tender.

The language of the proposal is English.

The PEA reserves the right to reject any / all the bids which are not complying with the rules

laid down in this “Instruction to Proposal” without giving a reason to the bidder.

2. Submission Date and Addresses

Submission date is Dt. ---------------- up to ---------Hrs. (Indian time). Proposals shall be

submitted not later than the submission date and time copy to,

Chief Engineer (O&M),

Maharashtra State Power Generation Company Limited,


Maharashtra State, India.

Telephone: (07109) 262106, 262109, 262141 to 262146.

FAX: (07109) 262127, 262847, 262864.

E-mail: [email protected]

One set of the proposal sent to the PEA shall be marked "Original" and be signed by the

authorised representatives of the bidder. In case of any differences between original and copies

of the documents, only the original shall be considered.

For timely delivery the submission at Mahagenco‟s offices at the indicated time and date is

relevant.

The validity of the proposal for services shall be 6 months after closing date.

mailto:[email protected]

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3. Scope & Content of qualification document:-

The evaluation bid received will be done according to the process of post qualification i.e. the

bidder shall submit the information concerning their qualification together with their main

offer. The qualification document shall have the following structure & content;

A brief description of the consulting firm & its associates (if any), the corporate profile &

status.

Statement of personal structure (number & qualifications) summery experience statement of

personal proposed for key position (Team leader, Energy auditor etc Annex 1). Work

experience under various working condition in developing countries, in the region & /or India

will be an advantage.

Proof, that financial resources are deemed by the project executing agency & agency to be

adequate in relation to the volume of services required. The applicants must prove that their

financial resources are adequate by presenting confirmation of the guarantee limit from their

bank, which must be more than six months old and balance sheets & profit & loss accounts for

the last three years. Applicants who submits no or insufficient documentation on this will be

excluded.

An outline of the firm & its associates (if any) recent (5-10 years) experience on assignment of

similar nature & the firm‟s working knowledge in foreign countries, especially in the region

any / or India and summarising the consultants qualifications & experience.

In case of young consultancy firms or firms wishing to widen their range of services & include

new sector of operation and/ or region, the experience potential of the key personal available

for the project will be used for the assessment, as otherwise the firm would be disadvantaged in

competition with other applicants owing to the lack of reference projects.

Curriculum vitae of consultant‟s key personnel who will provide monitoring and back-up

services from the home office, including their specific knowledge & experience in handling the

project.

If firms are bidding jointly a binding declaration must be given who is the lead manager &

what form the cooperation will take (joint venture, sub contracting, other forms) A declaration

of intent must be enclosed . This applies also to cooperation with local consultant companies.

As per MAHAGENCO‟s policy to require that the consultants observe the highest standard of

ethic during the selection procedure & execution of the contract. Consultants should be aware

that any fraudulent or corrupt activity disqualifies them immediately from this project & will

be subject to further legal investigation. They acknowledge this by signing a corresponding,

legally binding declaration of undertaking pursuant to appendix of section 6 of the attached

guidelines for the assignment of consultants in financial cooperation with developing countries.

Declaration on associated firms according to format.

The qualification bid/ information about the bidder, document should be strictly in the

following sequence, separated by separators.

1. Covering letter.

2. Presentation of firm / company profile.

3. Statement of affiliation if any / Company Incorporation certificate

4. Declaration of Ethics as per given format

5. Statement of Financial capacity as given above for last three years.

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6.

6.1 Experience in handling similar projects

a) Experience in Rehabilitation Projects.

b) Experience with coal fired power plants with capacity 120 MW and above.

c) Experience in feasibility study, energy audit, conduction assessment study & DPR &

Specifications preparation of coal handling plant.

6.2 Experience under various working conditions in developing countries

6.3 Experience of region or country, preferably in the same sector

7. Suitability for this specific project:

7.1 Assessment of available technical knowledge specific to this project

7.2 Assessment of the personnel structure in regard to the tasks expected

7.3 Assessment of the key personnel in permanent employment and always available to

monitor the team and provide back-up services from the home office

3. Scope and Content of Bid for Services

The Bid for Services shall contain following in the technical proposal standard forms in same

sequence.

I. A detailed critical analysis and the Consultant's interpretation of the Terms of Reference

(TOR). The Consultant is encouraged to present critical comments and suggestions on

the TOR, if any, especially if they relate to project outcomes.(Tech-3)

II. Conceptual approach and methodology proposed to carry out the services.(Tech-4)

III. General and individual work plans or tasks and their implementation schedule in terms of

time and staff-months input. (Tech-8)

IV. Other organisational and logistical aspects of the project, including an organisation chart,

time and staffing schedules indicating staff-month input, duration and deployment details

(field and home office assignment) of Consultant's expatriate and local staff. (Tech-7)

V. Details on the composition, selection, administration and experience of the proposed

team (including the envisaged personnel for home office support), together with

description of tasks to be assigned to each associate (if any) and within this to each

professional.(Tech-5)

VI. A detailed description of tasks to be performed by the Consultant and those assumed to

be contributed by others (i.e. PEA, local authorities, and sub-contractors). An estimate of

office space, vehicles, equipment, etc. required to carry out the proposed services.

VII. An assessment of the requirements for local facilities and support (office, office

equipment, transportation, etc.) available through the PEA or others and those to be

provided by the Consultant. It is recommended to verify all local physical, technical and

logistical conditions, which might influence the performance of work.

VIII. The structure of the proposal shall follow the above requirements, CV‟s shall be listed in

alphabetical order, and each section of the proposal shall be preceded by a detailed

overview of the contents. (Tech-6)

IX. TECH-2 Consultant‟s Organization and Experience

A Consultant‟s Organization

B Consultant‟s Experience

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6. Organisation

The PEA will nominate a member of his staff as Nodal Officer. It will be the Consultant's duty

to maintain close contact with him on all aspects of work. As a matter of principle all formal

communications relating to the work will be directed to the attention of the Nodal Officer.

7. Time Schedule for DPR Total time schedule for this study & submission of DPR 6 (Six)

months.

The time for commencement of the services until presentation of draft final report is expected

to be in the order of 3 months. The interim report is to be expected to be presented 30 days.

Approval time for review & comments by PEA / company is fixed at 30 days.

It is the responsibility of the Consultant to establish his own detailed work program where he is

entirely free, within the above-mentioned time frame, in accordance with his professional

judgement and knowledge of the local conditions.

Time is essence of this contract, energy audit of CHP plant study should be completed

with in stipulated period.

Total time schedule upto submission of the EPC evaluation report 540 days.

Dismantling & assembling of equipment will be under owner‟s scope.

8. Contributions of the Project-Executing Agency

The PEA will provide free of charge all existing information, data, reports and maps as far as

available and will assist the Consultant in obtaining other relevant information and materials

from governmental institutions and state authorities as far as possible. However, it is the duty

of the Consultant to check availability, quality and suitability of this information. The

information, data, reports etc. as mentioned above will be available for the Consultant.

An adequately office space including computer facilities will be made available during the

execution of Consultant's services by the PEA.

No accommodation and a vehicle with driver shall be provided for the expatriate and local

experts.

The PEA will nominate a team of experts who will cooperate with the Consultant at site.

Issuing of security gate pass as per MAHAGENCO rules and regulations for foreign delegation

of your company or experts other than your company wish to visit against the plant, you will

have to take prior permission from MAHAGENCO / PEA & have to submit valid passport &

VISA issued by the statutory authority before one week so that necessary security gate pass/

passes can be made ready with in time.

9. Evaluation of Proposals

Only those Consultants will be included in the selection whose qualification and whose

financial resources are deemed adequate in relation to the volume of services required. The

Consultants must prove that their financial resources are adequate, i.e. by presenting

confirmation of the guarantee limit from their bank, which must not be more than six months

old. Consultants who submit no documentation or insufficient documentation on this will not

be included in the evaluation process. The following criteria and their individual weight in

points will be employed for evaluation of the qualification documents:

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The evaluation of proposals will be carried out in the first stage exclusively on the basis of the

Qualification Documents. Only those proposals will be accepted which will be gain 70 or more

of the maximal 100 evaluation points.

The following criteria and their individual weight in points will be employed for evaluation of

the bid for services:

10. Project Management and Reporting

The project management of the Consultant has to assure the timely performance of the

feasibility study and a high degree of reliability and quality of the results. Since the time frame

of the feasibility study will be short, the detailed planning and the co-ordination of the various

activities between and within the partners of the Consultant but also with PEA, the power

plants and the various public institutions in India is very important. The Project Management

reports three days after each project month on the progress of the "Project" in writing in the

following format (total of app. 3 pages):

(i) Executive Summary, stating the main results and open questions, the problems in

Achieving the schedule, degree of progress versus plan.

(ii) Status of Project for each of the main items of the scope of services incl. remedial

measures to keep the schedule and assure the quality of the work and

In particular the Consultant shall submit the following reports, written in English language in 2

copies to the power plants.

Maximum Score

1. Evidence of relevant experience gained by consultants during the past five

years (experience of the firm)

40

1.1 Experience in handling similar projects:

- Preparation and specification of R&M projects for coal fired thermal power

plants with unit sizes above 120 MW.

- Familiarity & upgrading of 120MW and above CHP

- Experience in feasibility study, Energy Audit, & DPR for such power plants.

- Experience in coal fired thermal power plants with unit sizes above 120 MW.

20%

20%

20%

10%

1.2 Experience under various working-conditions in developing countries. 15%

1.3 Experience with working-conditions in the Indian Energy sector. 15%

2. Suitability for this specific project 60

2.1 Assessment of available technical expertise specific to this project 20%

2.2 Assessment of the personnel structure in regard to the tasks expected. 55%

2.3 Assessment of the key personnel in permanent employment and always available

to monitor the team and provide back-up services from the home office.

15%

2.4 Form of the application documents: Are they complete, concise and related to the

project.

10%

Total points 100

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Interim report not later than 30 days after commencement of services which shall cover the

following general subjects:

(i) Brief description of KTPS.

(ii) Likely technical solution (basic design and investment measures)

(iii) Proposed proposaling procedure under the given boundary conditions,

(iv) Draft organization & management concept for the execution

(v) Risks during implementation and in the long term technical operation

(vi) Environmental considerations.

• Final Report approx. 6 months after commencement of services. This report shall

include all the aspects of the TOR. The results shall be presented in a brief and concise

way. Supporting calculations, drawings, maps etc. shall be compiled in an annex. The

information for the cost estimate and the calculations concerning the economical

viability of the project shall include all assumptions and information which form the

basis for the calculations.

• Monthly Progress Reports in electronic format.

• And other Reports as deemed necessary.

• Consultant will attend the meeting at H.O. / PEA site / MERC /CEA office if PEA

desire so. Power point presentation at Koradi, MAHAGENCO H.O. Mumbai after final

DPR report.

All reports have to be prepared in DIN A4 format and in electronic form (Word, Excel, Power

Point, pdf files). Size of letters and line spacing should be adequate.

Termination of Contract: Termination by the Employer

The employer may terminate this contract at any time upon written notice of not less than 30

days without assigning any reason by the employer. Upon receipt of such notice, the consultant

shall promptly and orderly bring the services to a close and shall deliver to the employer all

reports, drafts and other documents prepared up to this date.

Consequences of Termination

a) If the termination is not due to a default on the part of the Consultant, the

Consultant shall be entitled to the fee accrued until the date of termination of the

Contract as well as to the reimbursement of all expenses incurred until the date of

termination of the Contract and for any loss or damage caused by such termination.

b) If the termination is due to a default on the part of the Consultant, the Employer

shall be entitled to claim damages for any direct loss resulting from such default

including the amount paid.

Settlement of Disputes

a) All disputes arising from, or in connection with, this Contract should be settled

amicably between the contracting parties.

b) All disputes that cannot be settled amicably by the contracting parties shall finally

and exclusively be settled in accordance with the Laws of Arbitration of India by

an arbitration committee composed of three arbitrators appointed in accordance

with said Laws. The venue of arbitration shall be Nagpur (Maharashtra), India.

c) Consultants having their subsidries company already working as R&M contractors

to give an undertaking that their subsidries shall not bid for the proposal for R&M

EPC Contractor for any package in due course of time for CHP of Koradi TPS of

MAHAGENCO.

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Annex 1

List of key professional positions whose CV and experience will be evaluated.

S.

No.

Key Position Area of

Specific

Expertise

desired

Minimum Qualification and Professional

Experience Desired

1

Team Leader Overall

Management of

Assignment

Graduate Engineer, preferably Post Graduate

Degree in Business Management with

minimum 15 years relevant experience in

consultancy of Thermal Power Stations

projects.

2 Specialist/s

Energy audit

Energy audit Should be BEE certified energy auditor &

minimum experience of conducting 05 Nos.

of such energy audit assignment.

4 Specialist/s

Boiler Island

Design/

operation/

maintenance/

(local)

manufacturing/.

Graduate Mechanical Engineer preferably M.

Tech in Machine Design / Thermal Engg.

with at least 5-10 years experience in the

relevant fields.

6 Specialist/s

CHP (Coal

Handling Plant)

Design/

installation/

operation/

maintenance/

storage options

Graduate Mechanical Engineer preferably M.

Tech in Machine Design with at least 5-10

years experience in the relevant fields.

7 Specialist/s

(Electrical and

Control and

Instrumentation)

Design/

installation/

operation/

maintenance/

Graduate Engineer preferably M. Tech with at

least 5-10 years experience in the relevant

fields.

8 Specialist/s

Contracts

Drafting of

supply

contracts for

EPC packages

Graduate Engineer or laywer with at least 5-

10 years experience in the relevant fields.

9 Specialist (Civil) Civil structural

design/ testing

Graduate Civil Engineer preferably M. Tech.

with at least 5-10 years experience in the

relevant fields.

10 Financial,

economic and

regulatory

analyst.

Support in

regulatory

matter for

calculating

FIRR etc.

MBA in financial management (additional

qualification as lawyer is Preferable) with at

least 5-10 years experience in the relevant

fields.

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DATA SHEET

Paragraph

Reference

1.1

Name of the Client: Maharashtra State Power Generation Company Limited

(MAHAGENCO)

Method of selection: Quality Based Selection [QBS]

1.2 Qualification Proposal. Yes / No.

Name of the assignment is: Consultancy Services for Feasibility study Support

& preparation of DPR for revamping / refurbishment of Coal Handling Plant

(CHP), Koradi Thermal Power Plant 1x200 MW & 2x210 MW Koradi, Dist.

Nagpur, (Maharashtra).

(Under World Bank Project)

1.3

A pre-bid conference will be held: Yes

On dt. 17 Nov. 2014

At the time 15:00 Hrs

On the following venue

CE (Chief Engineer) Building.

Koradi Thermal Power Station, Koradi,

Maharashtra State, India – 441111.

The Client‟s representative is: Chief Engineer (O&M),

Address: Koradi Thermal Power Station, Koradi – 441111.

(Maharashtra State), India.

Telephone: (07109) 262106, 262109, 262141 to 262146.

FAX: (07109) 262127, 262847, 262864,


1.4 The Client will provide the following inputs and facilities:

Access to Technical Specification of the contracts of the proposed EE R&M specified

in TOR section.

The Drawing/ Data Sheet/ Document/ Project Plan submitted by the Contractors in

every phase of the Project execution.

Necessary Drawings, Manuals of existing Plant, if available.

1.5 Proposals must remain valid for 6 Months from date of submission i.e. until: Dt. ------

--------------.

2.1 The address for requesting clarifications is:

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Office of the Chief Engineer,


(Maharashtra State), India.

Telephone: (07109) 262106, 262109, 262141 to 262146.

FAX: (07109) 262127, 262847, 262864,


3.1

Proposals shall be submitted in the following language: English

4.1

Consultant must submit the original and one copy of the each Qualification

document, Technical Proposal,(Total 02 Nos. sets)

4.2

The Proposal submission address is:

Chief Engineer (O&M),

Koradi Thermal Power Station, Koradi – 441111, (Maharashtra State), India.

Proposals must be submitted no later than the following date and time:

------------------------- @15:00 Hrs.

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Lump Sum

Section 3

Technical Proposal - Standard Forms


LIMITED


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Section 3. Technical Proposal - Standard Forms

Refer to Reference Paragraph 3.3 of the Data Sheet for format of Technical Proposal to be

submitted, and Standard Forms required.

TECH-1 Technical Proposal Submission Form

TECH-2 Consultant‟s Organization and Experience

A Consultant‟s Organization

B Consultant‟s Experience

TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff

and Facilities to be provided by the Client

A On the Terms of Reference

B On the Counterpart Staff and Facilities

TECH-4 Description of the Approach, Methodology and Work Plan for Performing the

Assignment

TECH-5 Team Composition and Task Assignments

TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff

TECH-7 Staffing Schedule

TECH-8 Work Schedule

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FORM TECH-1

TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

-----------------------------------------------

-----------------------------------------------

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of

assignment] in accordance with your Request for Proposal dated [Insert Date] and our

Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal,

and a Financial Proposal sealed under a separate envelope.

We are submitting our Proposal in association with: [Insert a list with full name and

address of each associated Consultant] 1

as a Joint Venture confirming joint and several

liabilities or as sub-consultants (strike out which ever is inapplicable).

We hereby declare that all the information and statements made in this Proposal are

true and accept that any misinterpretation contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the Proposal, i.e., before the

date indicated in Paragraph Reference 1.5 of the Data Sheet, we undertake to negotiate on the

basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications

resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the consulting services related to

the assignment from the date of letter of acceptance.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

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FORM TECH-2

CONSULTANT’S ORGANIZATION AND EXPERIENCE

A - Consultant’s Organization

[Provide here a brief description of the background and organization of your firm/entity and

each associate for this assignment.]

20

B - Consultant’s Experience

[Using the format below, provide information on each assignment for which your firm, and

each associate for this assignment, was legally contracted either individually as a corporate

entity or as one of the major companies within an association, for carrying out consulting

services similar to the ones requested under this assignment.]

Assignment name:

Approx. value of the contract (in current US$ or Euro):

Country:

Location within country:

Duration of assignment (months):

Name of Client:

Total No of staff-months of the assignment:

Address:

Approx. value of the services provided by your firm

under the contract (in current US$ or Euro):

Start date (month/year):

Completion date (month/year):

No of professional staff-months provided by associated

Consultants:

Name of associated Consultants, if any:

Name of senior professional staff of your firm

involved and functions performed (indicate most

significant profiles such as Project

Director/Coordinator, Team Leader):

Narrative description of Project:

Description of actual services provided by your staff within the assignment:

Firm‟s Name:

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FORM TECH-3

COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON

COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE CLIENT

A - On the Terms of Reference

[Present and justify here any modifications or improvement to the Terms of Reference you

are proposing to improve performance in carrying out the assignment (such as deleting some

activity you consider unnecessary, or adding another, or proposing a different phasing of the

activities). Such suggestions should be concise and to the point, and incorporated in your

Proposal.]

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B - On Counterpart Staff and Facilities

[Comment here on counterpart staff and facilities to be provided by the Client according to

Paragraph Reference 1.4 of the Data Sheet including: administrative support, office space,

local transportation, equipment, data, etc.]

Note: -

Following counterpart staff and facilities will be provided by the client.

Counterpart Staff: - Renovation and Modernisation section as a coordinator.

General Manager – Officer In charge, subordinated by one Executive Engineer, one Dy.

Executive Engineer, one Assistant Engineer.

This staff will coordinate between the consultant and different Operation and Maintenance

sections and their respective sectional heads.

b) Facilities to be provided to the client: -

1) Depending upon availability, Guesthouse of Koradi TPS will be made available for

residential purposes on chargeable basis only.

2) Canteen / mess facility available on payable basis at the rate applicable to

MAHAGENCO‟s employees.

3) Temporary office space with intercom phone connection facility (Outside / International

calls on chargeable basis.)

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FORM TECH-4

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT

[Technical approach, methodology and work plan are key components of the Technical

Proposal. You are suggested to present your Technical Proposal (inclusive of chats &

diagram) divided into the following three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your

understanding of the objectives of the assignment, approach to the services, methodology for

carrying out the activities and obtaining the expected output, and the degree of detail of such

output. You should highlight the problems being addressed and their importance, and explain

the technical approach you would adopt to address them. You should also explain the

methodologies you propose to adopt and highlight the compatibility of those methodologies

with the proposed approach.

b) Work Plan. In this chapter you should propose the main activities of the assignment, their

content and duration, phasing and interrelations, milestones (including interim approvals by

the Client), and delivery dates of the reports. The proposed work plan should be consistent

with the technical approach and methodology, showing understanding of the TOR and ability

to translate them into a feasible working plan. A list of the final documents, including

reports, drawings, and tables to be delivered as final output, should be included here. The

work plan should be consistent with the Work Schedule.

c) Organization and Staffing. In this chapter you should propose the structure and

composition of your team. You should list the main disciplines of the assignment, the key

expert responsible, and proposed technical and support staff.]

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FORM TECH-5

TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Professional Staff

Name of Staff Firm Area of

Expertise Position Assigned Task Assigned

2. Support Staff

Name of Staff Firm Area of Expertise Position

Assigned

Task

Assigned

25

FORM TECH-6

CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other specialized education of staff member, giving names of

institutions, degrees obtained, and dates of obtainment]:

6. Membership of Professional Associations:

7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]:

8. Countries of Work Experience: [List countries where staff has worked in the last ten years]:

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and

writing]:

10. Employment Record [Starting with present position, list in reverse order every employment held by

staff member since graduation, giving for each employment (see format here below): dates of employment,

name of employing organization, positions held.]:

From [Year]: To [Year]:

Employer:

Positions held:

26

11. Detailed Tasks Assigned

[List all tasks to be performed

under this assignment]

12. Work Undertaken that Best Illustrates Capability to

Handle the Tasks Assigned

[Among the assignments in which the staff has been involved,

indicate the following information for those assignments that best

illustrate staff capability to handle the tasks listed under point 11.]

Name of assignment or project:

Year:

Location:

Client:

Main project features:

Positions held:

Activities performed:

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes my qualifications, my experience, and myself. I understand that any wilful

misstatement described herein may lead to my disqualification or dismissal, if engaged.

Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of authorized representative:

27

FORM TECH-7

STAFFING SCHEDULE1

N° Name of Staff Staff input (in the form of a bar chart)

2 Total staff-month input

1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total

Foreign

1 [Home]

[Field]

2

3

n

Subtotal

Local

1 [Home]

[Field]

2

n

Subtotal

Total

1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).

2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.

3 Field work means work carried out at a place other than the Consultant's home office.

Full time input

Part time input

28

FORM TECH-8

WORK SCHEDULE

N° Activity1

Months2

1 2 3 4 5 6 7 8 9 10 11 12 n

1

2

3

4

5

N

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Client approvals.

For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.

2 Duration of activities shall be indicated in the form of a bar chart.

29



Consultant’s Services

Lump Sum

Section 5

Terms of Reference


LIMITED


30

Section 5. Terms of Reference

1. General Information about the Project

1.1 Background

1.2 Objectives

1.3 Project Executing Agency

2. Scope of the Consulting Services

2.1 General

2.2 Feasibility Study

2.3 Energy Audit

2.4 Solutions

2.5 Reporting

2.6 Specific scope of work. (Annexure-A to Annexure-F)

31

1. General Information about the Project

1.1 Background:

An Energy Efficiency Programme (EEP) has been planned by the Project Executing

Agency (PEA). The Programme is designed for comprehensive Renovation and Modernization

(R&M) and Life Extension (LE) of selected power plants in India which will lead to improvements

not only with regard to the physical conditions of the plant equipment, but also to improvements

with regard to efficiency and operational performance of the power plant. The programme will

focus also on options which will assure the sustainability of the measures carried out.

The focus of the programme will be on older units of LMZ design with an output of 210

MW and a design related efficiency defect due to the so called Bauman stage in the low pressure

turbine. These studies should help, in deciding which measures should be chosen under EEP for

undertaking R&M/LE work in future, including appointment of consultants for the execution phase

of the programme. Feasibility studies of selected power plants have been prepared to determine the

final scope of the rehabilitation works. Koradi TPS of Maharashtra State Power Generation

Company Ltd., to be rehabilitated. Coal Handling Plant of this power station also to be

rehabilitated so as to get rated output & life extension.

1.2. Objectives:-

The purpose of the feasibility study has been to determine those sections of the power

plant that need to be rehabilitated to prevent loss of generation, improve efficiency, and enhance

availability and enable the plant to produce at the optimum load.

PEA will awarded the contract for consulting services for “Preparation of Feasibility

Report” & preparation of DPR detail project report for 1x200 MW & 2x210 MW Coal handling

plant of Koradi Power Station this “Feasibility Report” presents the findings and

recommendations of the consultants in respect of the R&M measures for CHP. Koradi TPS was

commissioned in the year 1974 and has been operating for about 40 years. Its performance has

deteriorated gradually over the years.

The planned R&M will enable improvement of performance through introduction of new

technology and catering to problems of technological obsolescence. Equipment life can be

expected to increase by 20 years or more. Up-gradation of the unit to comply with changing

guidelines and statutory standards regarding environment can also be taken up. Increase in

efficiency and output of the unit by the implementation of Renovation and Modernization

(R&M) measures is feasible at economical cost. Increase in availability, increase in efficiency

and reduction in the auxiliary consumption provides substantial additional revenue.

The main objectives of undertaking the feasibility study are as follows:

i) Conduct condition assessment and identify areas of weakness and deficiencies in CHP

plant equipment comprising Conveyor belts, Conveyor structures, Conveyor members,

Crushers, Wagon Tipplers, Wagon marshalling equipments, Apron feeder, RBCR, DRCR,

Stacker reclaimer, Wobbler feeder, Various chutes, Transfer points, Tunnels, Coal

bunkers along with Civil structures, Electrical and Control equipment, related auxiliary

equipment etc.

ii) Conduct energy audit & illumination survey of the CHP plant system and auxiliaries for the

unit, analyze the results of energy audit, identify the causes of decrease in efficiency, availability

and output with respect to design values and identify the plant components for renewal,

replacement or repair.

32

iii.) Based on site inspections, results of energy audit and discussions with plant operating and

maintenance personnel, recommend short term, medium term and long term R&M measures for

increasing the useful life, efficiency and output of the selected unit.

iv.) Assess the economic situation of the owner utility Maharashtra State Power Generation

Company Limited (MSPGCL), review balance sheets, profit and loss accounts etc and comment

on the financial impact of the R&M project on the financial situation of power plant.

1.1. Project Executing Agency:-

The Project Executing Agency (PEA) will nominate a contact person who will closely co-operate

with the Consultant and will co-ordinate the works on a management level.

2.1 General scope of Work:-

1. To undertake Energy Audits for baseline assessments.

2. Review of previous studies carried out on the unit, RLA of necessary

components and condition assessment of the unit.

3. To assess the feasibility of up-rating the unit and provide feedback, on

successfully up rated units.

4. To address generic problems of the plant.

5. To make market survey for latest technologies available for Thermal Power

Plants, feasibility of incorporating, with the advantages and cost benefit

analysis studies for efficient, reliable, economical and safe performance of the CHP

plant.

6. To prepare detailed Scope of Works with cost estimate and to assess cost

effectiveness of alternative rehabilitation options.

7. Assist the owner in proposalizing & participating the pre bid meetings, technical bid

opening, and preparing replies to the clarifications of the technical bids.

8. Evaluation of technical bids, post bid meeting/s, clarifications and preparing revised

technical specifications if required, and price bid submission and opening.

9. Review of Cost Benefit analysis based on actual quoted cost.

2.2 Feasibility Study

The scope of services of the Consultant comprises but is not limited to:

Critical review and update of the existing Rapid Assessment Reports, Mapping Reports

(see Annexes) and other documentation concerning the operation history and technical

condition of the plants.

The Consultant is required to study the plant in details, e.g. working, specifications,

capacities, limitations, special problems etc and should have detailed discussions with plant

operating and maintenance staff along with the middle and top management and understand

their problems and views regarding the plant renovation. The aim should be to optimize all

the technical and commercial aspects and decide a specific conceptual line of action for the

scope to be finalized for the LE works.

Identification of weak spots in the balance of plant, suggest measures and give advice for

remedial actions by the Owners.

Identification of rehabilitation measures which have the potential to increase the efficiency

and or the output of the CHP plants. The identified measures shall be classified with regard

to efficiency increase potential vs. economical impact.

Regarding the replacement/retrofit options it becomes necessary to probe the availability of

the energy efficient and cost effective solutions in today's market so as to explore all

possible alternatives of the solutions. As such the Consultant is required to make a market

survey along with the cost estimates for the recent technological availabilities.

Identification of suited Indian and international contractors.

The Consultant shall prepare a project time schedule as bar chart table, showing the major

steps of the execution (preparation of specifications, proposaling and contract negotiations,

33

manufacturing and transport, erection and commissioning, performance tests). Special

attention shall be paid to the integration of the measures identified into the plant specific

available time frames for shut-downs.

The Consultant shall elaborate a suited project organization at the utilities for the execution

of the R&M measures foreseen and shall opine on the qualification of the power plants

management and personnel with regard to carrying out the project. If required the

Consultant shall propose suited measures to support the power plants personnel during the

execution of the program measures.

The Consultant shall review the coal supply condition for the plants from coal unloading to

measurement of coal quantity in bunkers and coal feed to mills.

The Consultant shall propose accompanying measures suited or necessary to secure the

sustainability of the efficiency and/or output improvement achieved by the R&M measures.

The Consultant shall describe potential project risks, opine on their likelihood and describe

mitigation measures.

The Consultant shall propose quantifiable indicators and benchmarks suited to measure the

success of the R&M works including performance data to be achieved, guarantees for

individual measures and overall performance.

The Consultant shall provide a cost break down for the measures identified at the power

plants with regard to foreign currency cost, local cost, financing cost, interest during

construction, taxes, duties, consulting services, contingency. The contribution of the power

plants shall be clearly stated.

The Consultant shall report on the economic situation of the owners of the power plants for

the years 2010/2011, 2011/2012, 2012/2013 under consideration of balance sheets, profit

and loss calculations and ownership structure. The Consultant shall demonstrate the impact

of the project on the financial situation of the power plant. The Consultant shall elaborate a cash flow analysis for the project.

1

The Consultant shall elaborate a medium term financial planning for the power plants.'

The Consultant shall present the FIRR and the EIRR of the project.

The Consultant shall report on the situation and perspectives of the electricity sector in the

different states where the power plants are located (incl. tariff structure, competitive

situation, regional economic development).

The Consultants shall outline the expected position in the merit-order and resulting dispatch

(full load operating hours) dispatch after rehabilitation.

The Consultant shall propose suitable contract models for implementation (lot wise versus

general contracting) in order to achieve guaranteed performances.

The Consultant shall propose Terms of reference for Consultant services during

implementation considering the specific aspects of the individual plants and give an

estimate regarding scope and duration of the required services.

The Consultant will submit a detailed root cause analysis in respect of deficiency/flaws in various

systems and will identify the options for R&M with benefits. The Consultant will perform cost

benefit analysis for each identified option. The consultant will develop a matrix comparing

different options with impact on parameters such as energy efficiency, PLF, life of the plant and

fixed costs and variable costs including revenue constraints because Of regulatory aspects. Based

on the analysis, the Consultant will recommend technical and economic goals of efficiency,

availability, and power output recover, and scope of R&M by the following sequence:

a) Assess the cost-effectiveness of the identified options, by estimating the net present value

(NPV), rate of return (IRR), payback period and cost-benefit ratio.

b) Identify all elements of an environmental control program at the unit and assess their urgency

(reschedule defined by environmental standards)

c) Prioritize elements of the rehabilitation and environmental control program based on:

Cost-effectiveness

34

Timing of environmental requirements (local regulations and World Bank guidelines)

based on the above prioritization, arrive at a definite set of scope of works optimized for

the techno-commercial benefits to fit the availability of the funds for the plant, to extended

the life of the plant and improve its performance.

2.5 Reporting /All reports to be submitted in triplicate.

The Consultant shall provide the following reports independently

Preliminary survey report.

RLA study report

Energy audit report.

Report of tentative scope for different alternative based on feasibility study, market survey

plant visit etc along with cost estimation ,including corresponding cost benefit analysis ,

including review report of cost benefit analysis after price bid opening.

Report of finalized scope after discussion with the client.

Draft proposal specifications for CHP R&M.

35




Lump Sum

Section 6

1. Standars Safety terms & conditions.

2. Formats.

3. Standard terms & conditions.

4. Contract for consultancy services.


LIMITED.


36

Advance Payment Guarantee

Address of guarantor bank:

…………………………………………………………………

………………………………………………………………….

…………………………………………………………………..

Address of beneficiary (contracting agency):

………………………………………………………………….

…………………………………………………………………..

…………………………………………………………………..

On ........................................... you concluded with (name and full address)

...........................................................................

……………………………………………………………………………………………………

………………………………………… (“Contractor”) a Contract for

................................................................... (project, subject of Contract) for the sum of

..............................................

According to the provisions of the Contract the Contractor receives an advance payment in the

amount of ............................ equalling ................................................... percent of the contract

price.

We, the undersigned.............................................................................................................. (bank),

waiving all objections and defences under the aforementioned Contract, hereby irrevocably and

independently guarantee to pay on your first written demand any amount advanced to the

Contractor up to a total of .......................... (in words: .............................................................)

against your written declaration that the Contractor has failed to perform as stipulated in the

aforementioned Contract.

This Guarantee shall enter into force as soon as the advance payment has been credited to the

account of the Contractor.

This Guarantee shall be automatically reduced pro rata in accordance with the payments

performed.

In the event of any claim under this Guarantee, payment shall be effected to the account of

.................................................... (Purchaser, project-executing agency). MAHAGENCO, Koradi

Thermal Power Station, Koradi – 441111. State Bank of India, (03904)Koradi Branch, Account

No. _________________________.

This guarantee shall expire not later than .......................... by which date we must have received

any claims by letter or coded telecommunication

It is understood that you will return this Guarantee to us upon expiry thereof or after settlement

of the total amount to be claimed hereunder.

............................................. ...............................................................

Place, date Guarantor

37

Security deposit (Retention Guarantee)

Address of guarantor bank:

…………………………………………………………………

………………………………………………………………….

…………………………………………………………………..

Address of beneficiary (contracting agency):

………………………………………………………………….

…………………………………………………………………..

…………………………………………………………………..

On ........................................... you concluded with the firm (name and full address)

.............................................………………………………………………………………………

…………………………................................... ("Contractor") a Contract for

........................................................... ................................... (project, object of the Contract) at a

price of ..........................................................................

Pursuant to the provisions of the Contract the Contractor shall receive the amount of

..................................., which corresponds to .......................... % of the contract value, as a final

payment.

We, the undersigned ....................................................... (bank), waiving all objections and

defences under the fore mentioned contract, herewith irrevocably and independently guarantee to

pay on your first written demand an amount of up to ......................................................

(in words: ......................................................), against your written declaration that the

Contractor has not duly performed his obligations under the aforementioned Contract.

In the event of any claim under this guarantee, we shall make all payments to the account of the

........................... (Employer/Project-Executing Agency/Buyer). MAHAGENCO, Kradi Thermal

Power Station,. State Bank of India, (03904) Koradi branch, Account No. _______________.

This guarantee shall expire not later than .......................... by which date we must have received

any claims by letter or coded telecommunication

You will return this Guarantee to us upon expiry or after settlement of the total amount to be

claimed hereunder.

........................................... ................................................................

Place, date Guarantor

38

Declaration to observe the highest standard of ethics during execution of the contract.

Applicants shall be aware that any fraudulent or corrupt activities disqualify them immediately from

participation in the selection process and will be subject to further legal investigation. The said

declaration shall be submitted and duly signed according to the following form:

Declaration

We underscore the importance of a free, fair and competitive procurement process that precludes

fraudulent use. In this respect we have neither offered nor granted, directly or indirectly, any inadmissible

advantages to any public servants or other persons in connection with our bid, nor will we offer or grant

any such incentives or conditions in the present procurement process or, in the event that we are awarded

the contract, in the subsequent execution of the contract.

We also underscore the importance of adhering to minimum social standards ("Core Labour Standards")

in the implementation of the project. We undertake to comply with the Core Labour Standards ratified by

India.

We will inform our staff about their respective obligations and about their obligation to fulfill this

declaration of undertaking and to obey the laws of India.

(Place) ......................................, this ................ day of ..........

Name of company (or lead company on behalf of associated companies for associations)....

Signature(s)

39

Maharashtra State Power Generation Co Ltd

SAFETY TERMS & CONDITIONS Annexure -IV

1. Compensation: Safety of your workers and staff is your sole responsibility & you will arrange to pay full

compensation to your workers/staff. In case of accident to any of them and in any circumstances MSPGCL will not

be responsible for and liable to pay any compensation as per WORKMENS COMPENSATION ACT.

2. Competency / Excellence: Contractor should deploy competent workers for the particular job and he should

utilize authorized his workers for carrying the electrical works such as welding, grinding and other works carried out

by electrical equipments. Contractor should submit the list of his workers deployed for the job and list of workers

who are authorized for carrying electrical works to the concerned section head for verification of competency of

their workers, before starting the work as per the rules 1951.

3. Electrical Safety:

3.1. Every portable electrical tool should be used with three pin plugs and three wire systems to avoid electric shock

while at work proper earthling should be checked both at supply end and at tool end before commencement of work.

3.2. Three wire sockets and properly insulated portable electrical boards with fuses & with earth leakage circuit

breaker are to be used by contractor. On/Off switch should be connected in the live wire and no it in neutral wire.

3.3. Color coding of three wire system should be below. Red: Live, Grey / Black: Neutral, Green: Earth.

3.4. Only 24 volt hand lamps to be used at confined spaces lying at turbine, boiler, coal mills, grills, structures, coal

handling plant, Conveyor belts etc

4. Fire Safety:

4.1. The contractor should keep ready two buckets of water while carrying out welding work. One bucket is to be

used for quenching fire if occurs. Last bit of electrode should be dropped in the second bucket with water to ensure

that red-hot electrode does not cause any fire.

4.2. Contractor should ensure provision of Cover/curtain in the hazardous area, so that hot petals of metal (molten

metal) do not cause any fire. This is particularly necessary while carrying out welding /gas cutting at high elevation

on grills, in coal handling plants etc.

4.3. Single piece cable (without joints) should be used during welding work to avoid the fire through cable joint.

5. Medical:

5.1. In case of injury of person, arrangement for shifting of the injured person for medical treatment is to be made

immediately by the contractor.

5.2. The contractor should keep "First aid box" ready at site.

6. Penalty: If any of our officer, supervisor finds that, you & your employees are not following the safety rules and

regulation including use of personnel protective equipments at site; he is authorized to stop your work immediately.

Incase of violation of safety rules, you shall be liable to pay penalty up to Rs. 1000.00 for first violation and up to

Rs.3000.00 for second violations. For the third violation of rules the order may be terminated or you may be

declared debarred for the further contract up to period of one year. For violation of fire safety the contract will be

terminated immediately and the contractor will not be considered for further contract.

7. Safety Appliances / Equipments : Contractor shall provides required safety appliances / equipments to their

workers like safety shoes, helmet, goggles, welding screen, safety belts, hand-gloves etc. depending upon the

working condition and nature of the work in hand. You shall arrange the appliances / equipments at your own cost.

8. Scrap Removal: All type of scraps to be removed immediately from the work spot for maintaining cleanliness.

9. Supervisors: Adequate Nos. of supervisors to be appointed by the contractor to ensure all safety provisions and

use of personnel protective equipments by contractor workers.

10.Testing of T & P / Equipment: Contractor should maintain history register of their lifting tools and

tackles, such as chain pulleys blocks, slings, terror etc. and these are to be tested by competent persons

authorized by Director of Industrial Safety & Health Mumbai, as per Maharashtra Factory Rule (96).

Copy of the test certificate should be submitted to Safety Officer.

40

Contract for consultancy services

Contents

Article 1 General Provisions

Article 2 Parts of the Contract

Article 3 Obligations of the Consultant

Article 4 Obligations of the Employer

Article 5 Remuneration, Terms and Method of Payment

Article 6 Liability of the Consultant

Article 7 Insurance

Article 8 Force Major

Article 9 Special Provisions

41

WHEREAS

The Employer desires consulting services to be rendered for the @ -------------- , and the

Consultant has submitted on @ ------------- a technical and a financial bid for these services,

NOW THEREFORE

The parties to this Contract hereby agree on the following:

Article 1

General Provisions

1.1 Governing Law

@This Contract shall be governed by the law of Republic of India.

1.2 Assignment

The Consultant shall not have the right to assign or transfer any rights or obligations

arising from this Contract in full or in part without the prior consent of the Employer.

The Employer's consent shall not be required for the assignment of any amounts due or

which shall become due under this Contract.

1.3 Assistance

The Consultant may receive assistance from other consultants or experts, provided the

Employer has given prior written approval.

1.4 Sub-Contracts

The Consultant may conclude sub-contracts with duly qualified specialists or firms only

upon prior written approval by the Employer. The Consultant shall, in any case, assume

the liability for the services rendered by the Sub-contractor.

1.5 Modifications and Amendments

Should circumstances arise that require modifications of, or amendments to, this

Contract, these shall be agreed upon by the parties in writing.

1.6 Entry into Force

This Contract enters into force upon signing by both parties. All conditions precedent

for disbursement pursuant to the agreement referred to in Article 5.3 hereof have been

fulfilled.

1.7 Commencement of Services

The Consultant shall start performing the services within @ --------------- weeks after the

Consultants has been informed on the entry into force of this agreement by the

Employer.

1.8 Measurements and Standards

Drawings, plans and calculations shall be based on the metric system. DIN or equivalent

standards shall be applied.

1.9 Partial Invalidity

The invalidity of any provision of this Contract shall not affect the validity of the

remaining provisions.

Any gap resulting in consequence shall be filled by a provision consistent with the

purpose of this Contract.

42

Article 2

Parts of this Contract

The following documents shall form, be read and construed as integral parts of this Contract:

1. Terms of Reference

2. Services Offered including the Declaration of Undertaking

3. Time Schedule/Work Programme

4. Staffing Schedule

5. Statement of Costs

6. Advance Payment Guarantee is applicable

7. Retention Guarantee is applicable

Article 3

Obligations of the Consultant

3.1 Standard of Services

The Consultant shall in all professional matters provide the services to the Employer to

the best of his knowledge and belief. The Consultant shall exercise all skill, reasonable

care and diligence in the discharge of his duties under this Contract. He shall carry out

the services in conformity with common professional practices and in accordance with

current scientific and internationally accepted engineering standards.

3.1 Time Schedule, Penalties

The total contract period for the Consultant's services shall be @ ____consecutive

months from the date of commencement of the services.

Any modification of the above-mentioned time schedule due to a substantiated request

by either party shall be mutually agreed upon in writing.

If the Consultant fails to perform in due time any of the services under this Contract for

reasons he must warrant, the Employer shall be authorised to inflict a penalty of 0.5% of

the Contract Sum for every week of delay which, however, may not exceed 8% of the

Contract Sum. Beyond such penalty, the Employer may not raise any further claims

arising from the delay in the performance of the services.

3.2 Independence of the Consultant

The Consultant shall declare with binding effect that neither the Consultant nor any

enterprise associated with the Consultant shall bid for the project as manufacturer,

supplier, or building contractor. Any violation of this stipulation may lead to the

immediate cancellation of the Consulting Contract and require the reimbursement of any

and all costs incurred by the Employer until such violation and compensation for any and

all losses and damages incurred by the Employer as a consequence of such cancellation.

Article 4 4.1 Tax Exemption

The Consultant and his foreign staff shall be exempted (subject to submission of

documentary evidence) from all taxes, duties, levies and other charges required by law

in the country of the Employer in connection with

- Payments to the Consultant or to his foreign staff in connection with the

performance of the services;

43

- Services performed by the Consultant or his staff in connection with the

fulfilment of their tasks;

- Equipment, materials, and supplies necessary for the performance of the

services, including motor vehicles and personal belongings of the foreign staff

that are brought into the country of the Employer and shipped out after

completion of the services or that have been destroyed in the course of the

performance of the services.

If law prohibits the execution of the above provision, the Employer shall refund to the

Consultant all amounts paid for this purpose.

4.2 Approval

The Employer shall make his decisions on all drawings, reports, studies and the

replacement of the Consultant's staff members as soon as possible but not later than @

___ weeks after presentation to avoid delaying the work of the Consultant.

The Employer shall give the approval required for the final payment pursuant to

Article 5.2 after completion of the contract services duly performed by the Consultant

but not later than @ ___ weeks after the completion of said services.

In the event that this approval is withheld without reason prior to the expiry of the above

deadline, it shall be deemed to have been given if the Employer has again failed to give

this approval without stating any reason even after expiry of an additional respite of at

least @ ___ weeks to be given by the Consultant in writing subsequently to the above

deadline.

Article 5

Remuneration, Terms and Method of Payment

5.1 Remuneration

For the services to be rendered by the Consultant under this Contract the Employer shall

pay the sum of

@ in @

and the sum of

@ in @

("Contract Value").

These sums are composed of

fixed fee: @ in @

and @ in @

Ancillary expenses

(lump sum):

@ in @

and @ in @

A detailed cost breakdown is given in FORM FIN-2, which constitutes an integral

part of this Contract.

44

Article 6

Liability of the Consultant 6.1 The Consultant shall perform the services for which he was contracted in full, in due

time and in agreement with acknowledged quality standards. In this regard the

Consultant shall be liable for any and all breaches of contract for which he is

accountable.

6.2 The liability of the Consultant for negligence shall be limited to the Contract Sum. This

shall not affect the liability for premeditation and gross negligence.

6.3 The liability of the Consultant shall terminate upon the final acceptance of the

Consultant's services by the Employer but not later than the expiry of the warranty

period(s) for supplies and services provided under the Project.

6.4 Liability for consequential damage is excluded.

Article 7

Insurance

At the least the following insurance shall be taken out for the period of the Contract:

a) Professional liability insurance

b) Personal liability insurance

c) Equipment insurance covering loss of or physical damage to all equipment

acquired/used within the context of the project

d) Motor vehicle third party liability insurance and motor vehicle comprehensive insurance

for the vehicles acquired in connection with the project

The insurance @ ---------------------- shall be taken out by the Consultant at his expense, and the

insurance @ ------------------------shall be taken out by the project-executing agency at its

expense.

Article 8

Force Major

8.1 In the event of force major - unforeseeable events beyond the control of the parties to

the Contract, which prevent either party from meeting its obligations under this Contract

- the contractual obligations as far as affected by such event shall be suspended for as

long as the impossibility of performance due to this situation continues provided that the

other party is notified within two weeks after the occurrence of the force major.

In the event of force major, the Consultant shall be entitled to a prolongation of the

Contract equal to the delay caused by such force major.

8.2 The Consultant shall receive compensation for any loss or damage resulting from force

major. The extent of compensation shall be negotiated between the parties to the

Contract. The failure to agree on compensation shall be treated as a dispute.

8.3 If the force majeure lasts for more than 90 days, either party to the Contract may

terminate this Contract within 30 days by giving written notice.

45

Article 9

Special Provisions

9.1 Conduct

During the period of this Contract the Consultant and his foreign staff shall not interfere

in the political or religious affairs in or concerning @ .

9.2 Confidential Treatment

All documents, reports, cost estimates, technical data and information shall be treated

confidentially and must not be made available to any third party without the written

approval of the other party.

9.3 Notices

All notices to the Employer & the Consultant shall be directed to the following

addresses:

For the Employer: @

For the Consultant: @

9.4 Copyright

The copyright for all studies, reports, designs and related documents furnished by the

Consultant shall be owned by the Consultant.

The Employer is entitled to dispose freely of this material for all project-related

purposes.

9.5 Ownership of Documents and Equipment

All studies, reports and related data and documents such as maps, diagrams, plans,

statistics and supporting material made available to the Employer, as well as any

software procured under the consulting assignment shall pass into the Employer's

ownership.

Equipment purchased for the performance of the Consultant's services and paid fully by

the Employer shall be handed over to the Employer after completion of the services.

9.6 Reimbursements

All reimbursements, insurance payments, guarantee payments or other payments, if any,

shall be made for the account of the Employer MAHAGENCO, Koradi Thermal Power

Station, State Bank of India branch, Account No. -----------------------. If such payments

are made in local currency, they shall be made to a special account of the Employer in @

, which may be drawn on only with employer approval.