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ENGINEERING, PROCUREMENT & CONSTRUCTION OF HYDROMECHANICAL WORKS FOR MIDDLE MODI HYDRO POWER PROJECT (15.1 MW) BID DOCUMENT VOLUME–1: BID REQUIREMENTS DECEMBER 2016

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Page 1: ENGINEERING, PROCUREMENT & CONSTRUCTION OF HYDROMECHANICAL ...himalhydro.com.np/downloads/HM_Tender_Docs/V1_Bid... · Engineering, Procurement & Construction of Hydromechanical Works

ENGINEERING, PROCUREMENT & CONSTRUCTION

OF

HYDROMECHANICAL WORKS

FOR

MIDDLE MODI HYDRO POWER PROJECT (15.1 MW)

BID DOCUMENT

VOLUME–1: BID REQUIREMENTS

DECEMBER 2016

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 2 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

MIDDLE MODI HYDROPOWER PROJECT (15.1 MW)

Contents of HM subcontract Bid Document

VOLUME DESCRIPTION OF DOCUMENT

VOLUME-1 BID REQUIREMENTS

Part-1 Preamble to Bid

Part-2 Bid Reference (BR)

Part-3 Invitation For Bids (IFB)

Part-4 Instruction To Bidders (ITB)

Part-5 Information for Bidders (INFB)

VOLUME-2 CONDITIONS OF CONTRACT

Part-1 General Conditions of Contract (GCC)

Part-2 Particular Conditions of Contract (PCC)

Part-3 Proforma for Forms of Contract (C-1 to C-6)

Volume-3 EMPLOYER’S REQUIREMENTS

Part-1 General Technical Specifications

Part-2 Particular Technical Specifications

Part-3 Tender Drawings

VOLUME-4 TECHNOECONOMIC DATA SUBMISSIONS

Part-1 Qualification Details of Bidder

Part-2 Bid submission Forms, B-1 to B-16

Part-3 BOQ for HM Works for Evaluation Purpose

Part-4 Contract Data dully Filled up

VOLUME-5 PRICE SCHEDULE & BOQ

Part-1 Preamble to Price Schedule

Part-2 Price Schedule

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 3 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

PART-1

PREAMBLE TO BID

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 4 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

PREAMBLE TO BID

Middle Modi Hydropower Limited (MMHPL) is developing the Middle Modi Hydropower

Project (MMHP) in Nepal. The Project is located at about 40 Km north-west of Pokhara

in Kaski and Parbat Districts, in the Gandaki and Dhaulagiri Zones of Western

Development Region. The Project lies in the Bhuktangle, Deupur and Salyanand Tilhar

VDCs of Parbat District and Lumle VDC of Kaski District. The headworks is located at

Birethanti village. At present there is about 1.5 Km long earthen road access to the

head works area from Nayapul bazaar which is the nearest point with all year road

access along the Pokhara –Baglung highway. The powerhouse lies opposite to the

Pokhara-Baglung highway, at the right bank of the Modi Khola.

The Project is a simple Run-of –River scheme that utilizes the flow in Modi Khola. Modi

Khola is one of the major tributaries of the Kaligandaki River of the Gandaki Basin.

The proposed Project has an installed capacity of 15.1 MW, design discharge of 25

cumec (Cum/sec) and net head of about 70 m. The proposed diversion weir across

Modi Khola will divert the water required for power generation into the side intake.

Excess water in the river will flow over the ungated weir. For silt flushing purpose, two

numbers of gate controlled sluices are provided in the weir.

The water drawn through the intake will pass through open desanding basins, where

the bigger sand particles will settle and the settled particles will be flushed back into

the river, through flushing ducts. Water coming out of the desanding basins will be

conveyed through an open duct leading to an underground tunnel (HRT), which will in

turn discharge the water into a forebay. Water from the forebay will be conveyed to

the powerhouse through a surface penstock, which will bifurcate into two pipes near

the powerhouse, for feeding into the two vertical axis Francis Turbines. Water from

the units will be discharged back into the river through a tail race duct.

MMHPL has awarded the entire works of the Middle Modi Hydropower Project to Himal

Hydro & General Construction Ltd. (HHGCL) through a single EPC Contract consisting

of “Design & Engineering, Procurement, Transportation, and Storage, Fabrication /

Erection/Construction, Testing and Commissioning of Civil, Hydromechanical and

Electromechanical works”.

HHGCL is now proposing to subcontract the Hydromechanical works in the above main

contract to a qualified Hydromechanical Contractor. For this subcontract for

hydromechanical works, HHGCL will act as the owner.

The set of documents presented below provide the contractual stipulations and

conditions for the execution of the Hydromechanical Works of the Project.

END OF PREAMBLE TO BID

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 5 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

PART-2

BID REFERENCE (BR)

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 6 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

BID REFERENCE (BR)

INTERNATIONAL COMPETITIVE BIDDING

Name of the Project Middle Modi Hydropower Project (15.1 MW)

Name of the Owner Himal Hydro & General Construction Limited

Address 2nd Floor, Steel Tower, Jawalakhel, Lalitpur,

Nepal

Telephone No. +977-1-5555977/5553477

FAX No. +977-1-5553478

E mail: [email protected]

Bid reference No. MMHEP/HM/Lot-2-2015

Name of the Package

Engineering, Procurement & Construction of

Hydromechanical works of Middle Modi

Hydropower Project

Period of sale of

bid documents

From: 4th Deceember 2016

To: 16th December 2016

Bid documents issued to ----

Bid documents issued on Date:---

Time:---

Last date and time for

receipt of bids

Date: 18th December 2016

Time: 13:00 PM

Time and date of opening of

bids.

Date: 18th December 2016

Time: 15:00 PM

Place of submission of bids

Steel Tower, Jawalakhel, Lalitpur, Nepal

Telephone no. +977-1-5000479/5000480

Fax No. +977-1-5000477

END OF BID REFERENCE

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 7 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

PART-3

INVITATION FOR BIDS (IFB)

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 8 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

Invitation for Bids for Hydromechanical Works of Middle Modi Hydroelectric Project (2 x 7.55 MW)

Date of First Publication: 4th December 2016 Himal Hydro & General Construction Ltd. (HHGCL) invites bids for the execution of hydromechanical works

of the Middle Modi Hydroelectric Project (2 x 7.55 MW), located at Parbat & Kaski District, Nepal on

EPC mode from Contractors having experience in the execution of hydromechanical works in

hydroelectric projects on EPC basis.

1. Interested eligible bidders may obtain further information from the office of Himal Hydro &

General Construction Ltd.

2. A complete set of Tender Documents in English may be purchased by interested eligible Bidders

from 4th December 2016 onward, till 16th December 2016 on the submission of a written

application to the address stated below and upon payment of a non-refundable fee of NRs.

15,000 (NRs Fifteen Thousand) deposited in the account No. 0010001014106 at Sanima Bank

Limited, Kumaripati Branch, Lalitpur or in the form of crossed demand draft drawn in favor

of Himal Hydro & General Construction Limited . The document will be handed over to the

representative of the Bidder upon production of the evidence of payment of the fee.

3. Bids must be delivered to the address below at or before 13.00 hours local time on 18th December 2016. All Bids must be accompanied by Earnest Money Deposit (EMD) of minimum amount as

given in the table below, in the form of demand draft or bank guarantee issued by a scheduled

bank in favour of HHCGL, valid for a minimum period of 180 days from the last date for

submission of bids.

S.

No.

Name of Works Earnest Money

Deposit (EMD)

1 Hydromechanical works for

Middle Modi Hydroelectric

Project

Tender No. MMHEP/HM/Lot-2-

2016

NRs 2.0 Million

5. Documents which are received late or without EMD will not be considered and will be returned

unopended. Bids will be opened in the presence of the Bidders’ representatives who choose to

attend at the address below at 15.00 hours local time on 18th December 2016. 6. If the last date for purchasing or submission falls on a government holiday then the next working

day shall be considered as the last day for submission.

7. It is recommended that eligible Bidders familiarize themselves with the local conditions by

visiting the project area. Costs incurred for preparation of bids and for visits are to be borne by

the Bidder.

8. HHGCL reserves the right to accept or reject any bid or cancel the tendering process at any time

before award without assigning any reason whatsoever.

Address of Employer:

Senior General ManagerHimal Hydro & General Construction Ltd.

2nd Floor, Steel Tower, Jawalakhel, Lalitpur, Nepal

Phone No. (ISD) 5555977/5553477, Fax 5553478Email:[email protected], Website:www.himalhydro.com.np

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 9 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

PART-4

INSTRUCTIONS TO BIDDERS (ITB)

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 10 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

INSTRUCTIONS TO BIDDERS (ITB)

Table of Contents

A. GENERAL ............................................................................................................ 12

1 Scope of Bid ................................................................................... 12

2 Source of Funds ............................................................................. 12

3 Eligibility criteria for Bidders.......................................................... 12

4 Qualification data of the Bidder(s) ................................................. 14

5 Disqualification/Ineligibility of Bidders.......................................... 16

6 One Bid per Bidder ......................................................................... 17

7 Cost of Bidding ............................................................................... 17

8 Site Visit......................................................................................... 17

B. BIDDING DOCUMENTS........................................................................................ 18

9 Content of Bidding Documents ....................................................... 18

10 Clarification of the Bidding Documents .......................................... 19

11 Amendment of Bidding Documents ................................................ 20

C. PREPARATION OF BIDS ...................................................................................... 20

12 Language of the Bid ....................................................................... 20

13 Documents comprising the Bid ....................................................... 20

14 Bid Prices ....................................................................................... 21

15 Currencies of Bid and Payment....................................................... 22

16 Bid Validity..................................................................................... 22

17 Earnest Money Deposit-EMD (Bid Security) .................................... 22

18 Alternative Proposals by Bidders.................................................... 23

19 Format and Signing of Bid .............................................................. 23

D. SUBMISSION OF BIDS ........................................................................................ 24

20 Sealing and Marking of Bids ........................................................... 24

21 Deadline for Submission of the Bids ............................................... 25

22 Late Bids ........................................................................................ 26

23 Modification and Withdrawal of Bids .............................................. 26

E. BID OPENING AND EVALUATION ........................................................................ 26

24 Bid Opening.................................................................................... 26

25 Clarification of Bids ........................................................................ 27

26 Examination of Bids and Determination of Responsiveness ........... 27

27 Correction of Errors........................................................................ 28

28 Evaluation and Comparison of Bids ................................................ 28

29 Employer’s Right To Accept Or Reject Bids..................................... 29

F. AWARD OF CONTRACT ........................................................................................ 29

30 Award Criteria ................................................................................ 29

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 11 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

31 Notification of Award ..................................................................... 29

32 Signing of Contract Agreement ...................................................... 29

33 Security Deposit (Performance Security & Retention Money)......... 30

34 Permanent Account Number (PAN) ................................................ 30

35 Advance Payments ......................................................................... 31

36 Corrupt or Fraudulent Practices ..................................................... 31

37 Conciliator ...................................................................................... 32

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Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 12 of 44

VOLUME-1: BID REQUIREMENTS DECEMBER 2016

INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL

1 Scope of Bid

1.1 The Himal Hydro & General Construction Limited (HHGCL), who is the single

EPC Contractor for the Civil, Hydromechanical and Electromechanical Works

of Middle Modi Hydropower Project, (Referred to as Employer or Owner in

these documents),wishes to subcontract the hydromechanical works and

hence invites bids for the “Engineering, Procurement and Construction of

Hydromechanical works for Middle Modi Hydropower Project (15.1 MW)”.

This subcontract package covers the Design & Engineering, procurement,

transportation, storage, fabrication/ erection/ construction, testing and

commissioning of Hydromechanical works (referred to as the “Works″ in

these documents). The scope of works covered in this package is elaborated

in clause 1 of Particular Conditions of Contract.

1.2 The most critical commitment of the successful bidder shall be to strictly

adhere to the “Time for Completion″ stipulated in Section 4, Contract data of

the bidding documents.

2 Source of Funds

The Employer will arrange for necessary funds for execution of the works.

3 Eligibility criteria for Bidders

3.1 The Invitation for Bids is open to all eligible bidders meeting the eligibility

criteria as defined in clause no. 3.4 below.

3.2 All bidders shall provide Qualification Information and Forms of Bid.

3.3 An enterprise / company may participate in the bidding process, only if they

are legally and financially autonomous, operate under commercial law and

are not a dependent agency of the Employer.

3.4 Eligibility Criteria

The minimum eligibility criteria shall be as under:

3.4.1 The Bidder(s) should be an incorporated legal entity.

3.4.2 In case of Joint Venture (JV)/Consortium, all partners shall be incorporated

legal entities, as an agency, company or society.

3.4.3 The Bidder/s should have experience, as sole contractor or partner of JV, for

executing Design & Engineering and supply, erection, testing and

commissioning Hydro mechanical works such as penstocks, vertical gates and

hoists along with associated control systems, and trash racks in at least two

water resources project (s) / hydro power project (s) during last 15 years,

with the minimum sizes of such works as indicated below. Details like

monetary value of Works, Clients/Employers, and proof of satisfactory

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VOLUME-1: BID REQUIREMENTS DECEMBER 2016

Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 13 of 44

completion of these works should be submitted for establishing eligibility.

(i) The bidder should have designed and executed minimum 2 numbers of

the following components.

a) Penstock of inner diameter not less than 2.5 m.

b) Vertical gate for opening size not less than 3 m x 3 m.

c) Rope drum hoist of lifting capacity not less than 25 tonnes.

(ii) Trash racks of minimum 5 m width

3.4.4 The value of at least one single contract executed by the Bidder, in last 15

years shall not be less than 80 Million Nepalese Rupees.

3.4.5 The Bidder should have completed such work/s in their own name or as a

member partner of a JV/Consortium or as approved Sub-Contractor.

3.4.6 The bidder/ each partner of JV who has executed the work as a member

partner of any Joint Venture/ Consortium can also participate provided:

a) The allocation of scope of work between the partners of the Joint

Venture/ Consortium is clearly defined and the bidder/ each partner of

JV’s scope of work and the break-up of quantities executed by them as

individual contribution in Joint Venture/ Consortium meet the

requirements.

b) In case the allocation of the scope of executed work between the

partners of the JV /Consortium is not clearly defined, then the work

experience of the JV/C can be claimed by the bidder/ each partner of

JV/C provided the bidder’s /each JV partner’s share in the aforesaid

works executed by Consortium was at least 35%.

3.4.7 The Bidder/s should also specify the year when such works were completed

including the monetary value, and while moderating the value, an escalation

factor of 5% per year shall be applied to arrive at the intrinsic present value

of work.

3.4.8 The Employer, reserves the right to make suitable enquiries regarding the

bona-fide of the Bidder(s) or JV Partner(s), as the case may be.

3.4.9 The Bidder(s) should have following minimum unutilized banking facilities

within one month prior to date of bid submission / opening;

a) Cash Credit Facility of about 50 million Nepalese Rupees (NR).

b) Bank Guarantee Limits of about 25 million Nepalese Rupees (NR).

c) Turnover of about 100 million Nepalese Rupees. For the purpose,

average annual construction turnover value for the preceding 5 years

shall be taken for evaluation. For conversion from foreign currency to

NR, the exchange rate as on the last day of the accounting year shall

be considered.

d) Net worth including share capital /reserves shall be positive for 3 out of

preceding 5 years.

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VOLUME-1: BID REQUIREMENTS DECEMBER 2016

Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 14 of 44

Letter of adequacy and commitment from their Bankers shall be submitted

along with his/their bids along with duly audited balance sheets for past 5

financial years.

3.4.10 The Bidder(s) shall submit an undertaking along with their bid that they have

bid capacity of not less than NR 100 Million based on formula given below.

Similar undertaking shall also be submitted before award of work in case

found successful.

Bid Capacity = A x N x K – B where

N = No. of years prescribed for completion of the subject contract

A = Maximum Value of Works executed in any one year during last 15 years

(at current price level)

B = Value at current price level, of existing commitments and ongoing

K = 2 (Two).

The Bidder shall submit documentary evidence in support of establishing A &

B, along with their Bid.

4 Qualification data of the Bidder(s)

The Bidder(s) shall submit following information with their Bid in forms

specified in qualification information & forms of bid of Biding Documents for

the purpose of assessment of their qualification.

4.1 Duly certified copies of original documents defining the constitution or legal

status, place of registration, and principal place of business along with power

of attorney in original of the signatory of the Bid to commit the Bidder. In

case of JVs, the constitution and the share of participation of all partners, JV

agreement, and above defined documents for all JV Partners.

4.2 Experience in works of a similar nature and size for each of the last fifteen

years, which the Bidder wishes to be considered for the purpose of

Qualification, and details of works under way or contractually committed; and

Name & Address of the clients/employers who may be contacted for further

information on those contracts.

4.3 Major items of construction equipment along with their deployment schedule

as per proposed construction methods and plan to carry out the Works under

the Contract, furnish details as stated below.

The Bidder/s should commit that construction equipment as per Form B-8,

would be mobilized at the site of work, in case of award of the work to

him/them.

The Construction equipment should be owned by the Bidder/s or a letter of

comfort from an Equipment Bank/Equipment Leasing Company should be

furnished with the Bid, confirming that in case of award of the work the

Equipment shall be made available or new equipment would be purchased &

delivered at site.

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VOLUME-1: BID REQUIREMENTS DECEMBER 2016

Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 15 of 44

4.4 Qualifications and experience of key site management and technical

personnel (along with alternative candidates) proposed to be deployed for the

Contract as per Form B-9.

The Bidder shall submit the structure of the project implementation team

along with the names and CVs of all these Key Personnel, in their bid. The

CV’s shall include position, professional qualifications, Job title, No. of Years

with the present employer/ his associated companies with details of technical

/ managerial experience relevant to the works covered under the proposed

Contract Package. Also number of expatriate personnel and local employees

for these positions should be furnished as Form B-9.

4.5 Reports on the financial performance of the Bidder, audited Balance Sheets &

profit and loss statements, auditor’s reports for the past five financial years

and other documents required, as laid in Form B-10.

4.6 Evidence of adequacy of working capital for this contract [Access to line(s) of

credit and availability of other financial resources].

4.7 Authority to seek references from the Bidder’s bankers.

4.8 Information regarding dispute resolution through any arbitration/litigation

cases, current or during the last five years, in which the Bidder is involved,

the various parties concerned, and disputed amount duly filled in Form B-11.

4.9 Wherever the bidder lacks in qualification, Proposals for subcontracting

permissible components of the Works (For each, the qualifications and

experience of the identified sub-contractor in the relevant field should be

annexed in duly filled in Form B-12.

4.10 The Bidder(s) should demonstrate, through documentary evidence, that they

are applying latest Project Planning Processes in their ongoing works and are

in possession of requisite monitoring tools and submit the proposed

methodology for each component/section of works and program of

construction, backed with equipment planning and deployment schedule,

duly supported with broad calculations and quality control procedures

proposed to be adopted, justifying the capability of execution and completion

of the works as per technical specifications within the stipulated Time for

Completion meeting the specified milestones.

4.11 All Undertakings and the letters of comfort from Bankers, Equipment Leasing

Cos. etc. as defined in the eligibility Criteria.

4.12 Duly completed following forms need to be submitted along with the bid,

besides documents stated above

Form No. Details

B1 Bid Submission Form

B2, B3 Power of Attorney

B4 Joint Venture Agreement, If Applicable

B5 Monetary Value of Works Performed

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VOLUME-1: BID REQUIREMENTS DECEMBER 2016

Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 16 of 44

B6 Qualification works in Last 15 Years

B7 Existing Commitment and Ongoing Works

B8 Equipment availability and proposal for deployment

B9 Professionals proposed to be deployed

B10 Financial Performance

B11 Arbitration/Litigation history

B12 Undertaking from subcontractors

B13 Bank guarantee for EMD

B14 Declaration of bidder

B15 Checklist of submissions

B16 Checklist of Qualification data

5 Disqualification/Ineligibility of Bidders

Even though the bidders meet the above qualifying criteria, they shall be

disqualified if they have:

a) Been involved in the Corrupt or Fraudulent or collusive or coercive

Practices as defined in clause ITB 36. and/or

b) Made misleading or false representation(s) in the forms, statements

and attachments submitted in proof of the qualification requirements;

and/or

c) Record of poor performance such as abandoning the works, serious

litigation history, or financial failures etc. (The basis of assessment of

suitability shall be decided by the Employer based on the parameters

laid down by him on these issues).

d) If the bidder /any member partner of the JV / Consortium shall not

have been declared ineligible for poor performance / failure issued by

any National Govt. / State Govt. / Govt. Department / PSU / World

Bank / Asian Development Bank. A declaration to this effect shall be

submitted by the bidder in Form B-14.

e) If the Bidder(s) is found to have conflict of interest. For clarification

purposes a conflict of interest is when bidders:

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VOLUME-1: BID REQUIREMENTS DECEMBER 2016

Himal Hydro & General Construction Limited

Engineering, Procurement & Construction of Hydromechanical Works

Middle Modi Hydropower Project (2 x 7.55 MW) Page 17 of 44

i) are associated with an agency or any of its affiliates which have

been engaged by the Employer to provide consulting services for

the preparation of the design, specifications, and other documents

to be used for the procurement of the goods/works under these

Bidding Documents;

ii) or submit more than one bid in this bidding process. However,

this does not limit the participation of subcontractors in more than

one bid.

f) If the bidder is found to have submitted more than one bid.

6 One Bid per Bidder

Each bidder (and the members of a JV/Consortium, as the case may be) shall

submit only one bid for one package. Any bidder (and the members of a

JV/Consortium) who submits or participates in more than one Bid except in

cases of alternatives that have been permitted or requested) will cause all

the proposals with that bidder’s participation to be disqualified. Sub-

contractors are allowed to participate in more than one bid but only in that

capacity.

7 Cost of Bidding

The bidder shall bear all direct or indirect costs associated with the

preparation and submission of his bid (including site visit and attending pre-

bid meetings, if any), and the Employer will in no case be responsible or

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

process.

8 Site Visit

8.1 The Bidder is advised to visit and examine the Site of Works and its

surroundings and obtain for itself, on his own responsibility, all information

that may be necessary for preparing the bid and entering into a Contract for

construction of the Works. The bidder shall assess and satisfy himself as to

the adequacy of the local conditions which have relevance to his work, such

as approach roads to the site, accommodation required during the Contract,

availability of labour, construction materials, details of taxes, royalties, duties

and levies as applicable and locally applicable laws and regulations governing

engagement of labour for employment and deployment at site and any other

information required. The costs of visiting the Site shall be at the Bidder’s

own expense.

8.2 The employer will arrange for the permission for the Bidder and any of his

personnel or agents to enter upon project premises and lands for the purpose

of such inspection, but only upon the express condition that the Bidder, his

personnel or agents, will release and indemnify the Employer and his

personnel and agents from and against all liability in respect thereof and will

be responsible for personal injury (whether fatal or otherwise), loss of or

damage to property and any other loss, damage, costs and expenses

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however caused, which, but for the exercise of such permission would not

have arisen.

8.3 Also, based upon site visit the Bidder shall submit, along with the bid,

appreciation of Project illustrating awareness and understanding of all

principal technical and logistics problems related to transportation and

installation of Construction Equipment, availability of land for Contractor’s

infrastructural works, methodology of construction etc.

8.4 The Employer shall facilitate the visit and bidder is required to furnish his

confirmation of site visit.

B. BIDDING DOCUMENTS

9 Content of Bidding Documents

9.1 The bidding documents will be issued in five volumes, with each volume

containing the details as indicated below.

Volume No.

Part No.

Details

1

BID REQUIREMENTS

1

Preamble to Bid

2

Bid Reference (BR)

3

Invitation for Bids (IFB)

4

Instruction to Bidders (ITB)

5

Information for Bidders (INFB)

2

CONDITIONS OF CONTRACT

1

General Conditions of contract

2

Particular Conditions of contract

5

Proforma for Forms of contract (C-1 to C-6)

3

EMPLOYER’S REQUIREMENTS FOR HM WORKS

1

General Technical Specifications for HM Works

2

Particular Technical Specifications for HM

Works

3

Tender Drawings for HM works

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4

TECHNOECONOMIC DATA SUBMISSIONS

1

Qualification details of bidder

2

Bid Submission Forms (B-1 to B-16)

3

BOQ of HM works for Evaluation Purpose

4

Contract Data duly filled up

5

PRICE SCHEDULE

1

Preamble to Price schedule

2

Price schedule for HM Works

9.2 Two sets of Bid documents marked ″Original″ and ″Bidder’s Copy″ are

issued, as follows.

a. Original- All five volumes.

b. Bidders copy- Volumes 4 and 5 only (Volumes 1 to 3, containing bid

requirements, contract conditions and employer’s requirements are

enclosed with Original only).

10 Clarification of the Bidding Documents

10.1 Bidder shall examine the Bidding Documents thoroughly in all respects and if

any conflict, discrepancy, error or omission is observed, bidder may request

clarification promptly by notifying the Employer in writing or by cable

(hereinafter “cable″ includes facsimile and e-mail) at the Employer’s address

indicated in Bid Reference (BR). The Employer will respond to any request for

clarification which he receives up to 15 days prior to the deadline for

submission of bids. Copies of the Employer’s response will be forwarded to all

purchasers of the bidding documents, including a description of the enquiry

but without identifying its source. Employer’s response may also be put on

his website.

Any failure by bidder to comply with the aforesaid requirement shall not

excuse the bid der, after subsequent award of contract, for performing the

work in accordance with the Contract.

10.2 Pre-bid meeting

10.2.1 The bidder or his official representative is invited to attend a pre-bid meeting

which will take place at HHGCL Office on 08th December 2015 at 10:00 hr.

Last date for receiving the pre-bid queries is 04th December 2015.

10.2.2 The purpose of the meeting will be to clarify issues and to answer questions

on any matter that may be raised till that stage.

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10.2.3 The bidder is requested to submit any questions in writing or by cable to

reach the Employer not later than one week before the meeting.

All questions raised during the Pre-Bid Meeting, for which the Bidders expect

clarifications from the Employer, shall be submitted by the bidder in writing

during the Pre-Bid Meeting.

10.2.4 Any modification of the bidding documents listed in Sub-Clause 9.1 which

may become necessary as a result of the pre-bid meeting shall be made by

the Employer exclusively through the issue of an Addendum/corrigendum

pursuant to Clause 11.

10.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification

of a bidder.

11 Amendment of Bidding Documents

11.1 Before the deadline for submission of bids, the Employer may modify the

bidding documents by issuing amendment(s) in the form of addendum/

corrigendum during the bid ding period.

11.2 Any addendum/corrigendum thus issued shall become part of the bidding

documents and shall be communicated in writing or by cable to all the

purchasers of the bidding documents and will be uploaded on website also.

Prospective bidders shall acknowledge receipt of each addendum by cable/in

writing to the Employer.

11.3 To give prospective bidders reasonable time in which to take an addendum

into account in preparing their bids, the Employer shall extend as necessary

the deadline for submission of bids, in accordance with Sub-Clause 21.2

below.

C. PREPARATION OF BIDS

12 Language of the Bid

All documents relating to the bid shall be in the English language.

13 Documents comprising the Bid

13.1 The bid submitted by the bidder shall comprise the following documents:

a) Duly filled in Bid submission form ″B-1″.

b) Earnest Money Deposit in a separate cover marked Earnest Money

Deposit.

c) Bidder‘s Address of communication

d) Telephone No(s): Office

e) Mobile No:

f) Facsimile (Fax) No:

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g) Electronic Mail Identification (E-mail ID):

h) Qualification information and documents

i) Drawings prepared by the Bidder (If any other than Tender Drawings

provided by the Employer)

j) BOQ.

k) Price schedule duly filled up.

l) Contract data duly filled with details

m) Any other information/documents required to be completed and

submitted by bidders in accordance with instructions as per ITB.

n) The documents/information as listed in Contract Data, Qualification

information, and in Bid submission forms B1 to B14, shall be duly filled-

in, signed, stamped and submitted without exception.

o) Checklist for Bid submission documents (Form B-15)

p) Checklist for Qualification data (Form B-16).

13.2 The following documents, which are not submitted with the bid, will be

deemed to be part of the bid.

Volume Particulars

1 IFB, ITB, INFB

2 Conditions of Contract (GCC & PCC)

3 Employer’s Requirements

13.3 The Bidder shall treat the Bid Documents and contents thereof as

confidential.

14 Bid Prices

14.1 The Contract shall be for the whole Works as described in sub Clause 1.1

based on the prices submitted by the bidder in the price schedule.

Bidders shall also include in his quoted prices the cost of enabling works/

facilities not specifically listed in the scope of work, but are required to

complete the scope of work.

14.2 The Bidder shall include in his quoted rates, compensation for all associated

works required to complete the intent of scope even if not specifically

mentioned.

14.3 All taxes, duties, levies, royalties etc. (including Service Tax) prevailing as of

one month prior to the submission of Price Bid shall be the responsibility of

the contractor and the rates quoted shall include the same.

14.4 The rates quoted by the Bidder will be firm and will not be subject to any

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adjustment for price escalation during the performance of the Contract in

accordance with Clause 4 of Particular Conditions of contract (PCC).

14.5 In the event that the Employer requests and the Bidder agrees to an

extension of the Bid Validity Period, the Contract Price, if the Bidder is

selected for award, shall be corrected as mutually agreed.

15 Currencies of Bid and Payment

15.1 The rates quoted by bidder shall be in Nepalese Rupees or in US Dollar/ Euro.

15.2 When the price is quoted in USD or in EURO, the bidder shall also mention

the exchange rate considered in his bid. The Employer will convert the

amounts in US Dollar or Euro, to Nepalese Rupee at the exchange rate

mentioned by different bidders and arrives at the quoted price in Nepalese

Rupees, which shall be used for purpose of evaluation as well as subsequent

payment purpose. It may be noted that even if quoted in other currencies

payment will be made in NR only as per the payment schedule indicated in

PCC.

16 Bid Validity

16.1 Bids shall remain valid for a period of one hundred and eighty (180) days

after the deadline date for bid submission specified in Clause 21 of ITB. A bid

valid for a shorter period shall be rejected by the Employer as non-

responsive.

16.2 In exceptional circumstances, prior to expiry of the original Bid Validity

period, the Employer may request that the bidders may extend the period of

validity for a specified additional period. The request and the bidders

‘responses shall be made in writing or by cable. A bidder may refuse the

request without forfeiting his earnest money. A bidder agreeing to the

request will not be required or permitted to modify his bid but will be

required to extend the validity of his bid security in compliance with Clause

17 of ITB in all respects.

17 Earnest Money Deposit-EMD (Bid Security)

17.1 The Bidder shall furnish, as part of his bid, a Bid Security.

In case of the bid submitted by Joint Venture / consortium (JV/C), the Lead

partner of the JV shall submit EMD favoring the Employer, and in case the

Employer so agrees, each partner of the JV/Consortium (JV/C) will submit

EMD in the proportion of their participation share. The EMD shall be valid for

the period stipulated in the Bid Document.

17.2 The Bid Security offered shall be in one of the following forms:

(a) A crossed Demand Draft / Pay Order in favour of Employer from any

Nationalized or Scheduled Bank.

(b) A bank guarantee issued by nationalized / scheduled bank or a Foreign

Bank which is counter guaranteed by a nationalized / schedule bank

and in the form B-13.

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Bank Guarantees for the EMD/ Bid Security shall be valid for 180 days from

the date of Opening of Bid. The EMD/Bid Security shall be made payable

without any condition/ demur to the Employer ’on Demand‘.

The bid security may be submitted in Nepalese Rupees or equivalent US

Dollars or Euro.

17.3 Any Bid not accompanied by an acceptable Bid Security will be rejected by

the Employer as non-responsive.

17.4 The bid securities of unsuccessful Bidders will be discharged / returned as

promptly as possible, but not later than 45 days after the expiration of the

period of bid validity or award of work covered under the contract Package

whichever is earlier.

17.5 No interest will be payable by the Employer on the said amount covered by

the EMD/Bid Security.

17.6 The EMD/ Bid Security shall be forfeited, if

(a) The Bidder modifies / withdraws the Bid after Bid opening and during

the period of Bid Validity

(b) The bidder has been found practicing corrupt or fraudulent or collusive

or coercive practices during bidding process; or

(c) The successful Bidder fails within the specified time limit to

i) Sign the Contract Agreement or

ii) Furnish the required Performance Security in Form B-3.

(d) The bidder does not accept correction of errors.

17.7 The Bid Security of the successful bidder will be discharged after he has

signed the Agreement and furnished the required Performance Security.

18 Alternative Proposals by Bidders

Bidders shall submit offers that comply with the requirements of the bidding

Documents. Alternatives will not be considered, unless specifically asked for

by the Employer.

19 Format and Signing of Bid

19.1 The Bidder shall fill-in documents marked ″Original″ comprising the bid as

described in Clause 13 of these ITB.

19.2 The Documents shall be typed or written in indelible ink and shall be signed

by a person or persons duly authorized to signing the bid documents on

behalf of the Bidder [refer Form B-2 prescribed in case of single bidder and

Form B-3 in case of bidding by a JV/Consortium] and JV agreement in Form

B-4 shall be duly signed by all the partners of JV/Consortium. All pages of the

bid shall be initialed by the person or persons duly authorized to sign the bid

on behalf of the bidder as stated above.

19.3 The Bid shall contain no alterations or additions, except those to comply with

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instructions issued by the Employer, or as necessary to correct errors made

by the bidder in which case such corrections shall be initialed by the person

or persons authorized to sign the bid.

D. SUBMISSION OF BIDS

20 Sealing and Marking of Bids

20.1 The bid shall be submitted in four sealed envelopes duly marked Envelope 1,

Envelope 2A, Envelope 2B and Envelope 3 with different envelopes containing

documents as stated below:

Envelope 1- Earnest Money Deposit

The Envelope-1 shall be named, marked and sealed as ″Earnest Money

Deposit″. This envelope shall contain the DD/ Pay order /Banker’s

cheque/Bank Guarantee for the amount specified.

Envelope 2A- Qualification Data

The Envelope-2A shall be named, marked and sealed as ″Bidders

Qualification″ and shall contain the following documents:-

Firm/JV registration documents, Experience details, Value of works executed,

financial capability, Equipment availability, Arbitration/Litigation history,

Existing commitments, and Professional manpower proposed to be used, Sub

contractors’ capability and under takings, Calculation of bid capacity etc.

Envelope 2B- Techno-Commercial Details

The Envelope-2B shall be named, marked and sealed as ″Techno-Commercial

Bid″. This Envelope shall contain the following documents:-.

Bid application form, Appreciation of site visit, Address of communication,

Power of Attorney, Authority to seek references from bankers, Structure

wise construction methodology proposed, Broad calculations justifying the

adequacy of construction equipment proposed, proposed quality control

measures, comfort letters from bankers and equipment leasing companies,

Additional drawings if any prepared by the bidders, BOQ indicating the

quantities considered for groups of items in the Price schedule, Contract data

duly filled in etc.

Envelope 3-Price bid

The Envelope-3 shall be named, marked and sealed as ″Price Bid″ containing

duly indicating the prices in figures and words in the prescribed format. If the

Bid is submit ted by JV/C, the percentage share of each partner of JV/C shall

be stated in the ″Price Bid″.

20.2 The envelopes shall have following information clearly written on outside of

the envelope, failing which the Employer will assume no responsibility for the

misplacement or premature opening of the bid envelopes.

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a) Be addressed to the Employer at the following address:

Himal Hydro & General Construction Limited,

Steel Tower, Jawalakhel,

Lalitpur, Nepal

b) And bear the following identification:

Bid for Hydromechanical works for Middle Modi Hydropower Project.

Bid Reference No. MMHEP/HM/Lot-2-2015

DO NOT OPEN BEFORE 18th December 2016, 15:00 hr

Name and address of the bidder.

c) Envelope 1 shall be super scribed on top as ″EARNEST MONEY

DEPOSIT″, Envelope 2A shall be super scribed on top as ″BIDDER’S

QUALIFICATION″, Envelope 2B shall be super scribed on top as

″TECHNO-COMMERCIAL BID″ and Envelope 3 shall be super scribed

on top as ″PRICE BID″ respectively.

20.3 The four envelopes as specified above shall be placed in another outer cover.

The outer cover shall be sealed, marked and super scribed as per clause 20.2

a and b. The bidder shall submit his bid in duplicate (marked original and

duplicate separately)

20.4 The bidder has the option of sending the Bid by registered post/courier or by

submitting the Bid in person, so as to reach by the date and time indicated in

the Invitation for Bids (IFB). Bids submitted by cable will not be accepted.

The bidder shall be responsible for timely delivery of Bids and Bids received

after the stipulated date and time will not be accepted.

21 Deadline for Submission of the Bids

21.1 Bids must reach the Employer at the address specified above not later than

18th Deember 2016 at 13:00 hr. In the event of the specified date for the

submission of bids being declared a holiday by the Employer, the Bids will be

received up to the appointed time on the next working day.

21.2 The Employer may extend the deadline for submission of bids by issuing an

amendment in accordance with Clause 11 (ITB), in which case all rights and

obligations of the Employer and the bidders previously subject to the original

deadline will then be subject to the new deadline. Amendment will be sent to

the bidders who have physically purchased the bid document and shall also

be posted on the website of the Employer and separate press notification

shall not be issued.

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22 Late Bids

Any Bid received by the Employer after the deadline prescribed in Clause 21

(ITB) will be returned unopened to the bidder.

23 Modification and Withdrawal of Bids

23.1 Bidders may modify or withdraw their bids by giving notice in writing before

the deadline prescribed in Clause 21 (ITB).

23.2 Each Bidder‘s modification or withdrawal notice shall be prepared, sealed,

marked, and delivered by him to the Employer in accordance with Clauses

19 & 20 (ITB), with the outer and inner envelopes additionally marked

MODIFICATION″ or ″WITHDRAWAL″ as appropriate.

23.3 No bid shall be modified after the deadline for submission of Bids.

23.4 Withdrawal or modification of a Bid between the deadline for submission of

bids and the expiration of the original period of bid validity in Clause 16.1

(ITB) above or as extended pursuant to Clause 16.2 (ITB) may result in the

forfeiture of the Earnest Money De posit pursuant to Clause 17 (ITB).

23.5 In case a bidder chooses to offer a rebate, then he may do so offering it on a

percentage basis applied to the lump sum price quoted.

E. BID OPENING AND EVALUATION

24 Bid Opening

24.1 On the due date and appointed time as specified in clause 21 (ITB), the

Employer will open envelope 1, 2A, and 2B of all bids received (except those

received late) including modifications made pursuant to clause 23 (ITB) in

presence of the Bidders or their representatives who choose to attend. In the

event of the specified date for Bid opening being declared a holiday by the

Employer, the bids will be opened at the specified time and location on the

next working day.

24.2 Envelopes marked ″WITHDRAWAL″ shall be opened and read out first. Bids

for which an acceptable notice of withdrawal has been submitted pursuant to

Clause 23 (ITB) shall not be opened. Unopened bids shall immediately be

returned to the respective Bidder.

24.3 All those Bidders, who have submitted Bids together with requisite EMD/Bid

Security, will be so informed then and there. If any Bid does not contain

EMD/Bid Security in the manner prescribed in the Bid documents, then that

Bid will be rejected and the Bidder informed accordingly and other sealed

envelope will be returned to him without opening.

24.4 The sealed Envelopes shall be opened in stages and in sequence as required

by the Employer for the eligible bidders for evaluation of bids and award of

Contract.

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24.5 The Price Bid contained in Envelope-3 shall be opened by the Employer on a

later date in the presence of the Bidders who may like to be present. The

time, date and venue for opening of the Price Bid shall be intimated to the

Bidders by fax, letter & notifying on Employer‘s Website in due course. The

Bidders ‘name, their Price Bids, the total amount of each Bid, any discounts,

and such other details as the Employer may consider appropriate, will be

announced by the Employer at the Price Bid opening. Any Bid Price, discount,

which is not read out and recorded at Price Bid opening, will not be taken into

account in Bid evaluation.

25 Clarification of Bids

25.1 To assist in the examination and comparison of Bids, the Employer may, at

his discretion, ask any Bidder for clarification of his Bid, The request for

clarification and the response shall be in writing or by cable, but no change in

the price or substance of the Bid shall be sought or offered or permitted

except as required to confirm the correction of arithmetic errors discovered

by the Employer in the evaluation of the Bids in-accordance with Clause 27

(ITB).

25.2 Subject to sub-clause 25.1 above, no Bidder shall contact the Employer on

any matter relating to his Bid from the time of the bid opening to the time

the contract is awarded. If the Bidder wishes to bring some information to

the notice of the Employer, he should do so in writing.

25.3 Any effort by the Bidder to influence the Employer‘s bid evaluation, bid

comparison or contract award decisions, may result in the rejection of his bid.

26 Examination of Bids and Determination of Responsiveness

26.1 Prior to detailed evaluation of Bids, the Employer will determine whether each

Bid;

(a) meets the eligibility criteria defined in ITB Clause 3 and;

(b) it has been properly signed by an authorized signatory (accredited

representative) holding Power of Attorney in his favour as defined in

ITB Clause 4.1;

(c) is accompanied by the required EMD/Bid Security and;

(d) is responsive to the requirements of the Bidding documents

26.2 A responsive Bid is the one which conforms to all the terms, conditions and

specification of the Bidding documents including time for completion, without

material deviation or reservation. A material deviation or reservation is the

one which

(a) affects in any substantial way the scope, quality or performance of the

Works;

(b) limits in any substantial way, the Employer’s rights or the Bidder’s

obligations under the Contract, or

(c) whose rectification would affect unfairly the competitive position of

other Bidders presenting responsive Bids.

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26.3 If a Bid is not substantially responsive, it will be rejected by the Employer,

and may not subsequently be made responsive by correction or withdrawal of

the non-conforming deviation or reservation.

26.4 The Employer may waive any minor non-conformity or irregularity in a bid

that does not constitute a material deviation and that does not prejudice or

affect relative ranking of any bidder.

27 Correction of Errors

27.1 Bids determined to be responsive will be checked by the Employer for any

arithmetic errors. Where there is a discrepancy between the rates in figures

and in words, the rate in words will govern;

27.2 The amount stated in the Bid will be corrected by the Employer in accordance

with the above procedure for the correction of errors and shall be considered

as binding upon the bidder. If the Bidder does not accept the corrected

amount, his Bid will be rejected, and the EMD/Security Deposit may be

forfeited in accordance with sub-clause 17.6(d) of ITB.

28 Evaluation and Comparison of Bids

28.1 The Employer will evaluate and compare only the Bids determined to be

responsive in accordance with clause 26 of ITB.

28.2 In evaluating the Bids, the Employer will determine for each Bid, the

evaluated Bid Price by adjusting the Bid Price as follows:

(a) Making any correction for errors pursuant to Clause 27

(b) Making appropriate adjustments to reflect discounts or other price

modifications offered in accordance with Sub Clause 14.2 and 23.2

(c) Converting the amount to a single currency in accordance with Clause

15.2;

28.3 If the Bid of the successful Bidder is seriously unbalanced i.e. extra ordinary

low / high priced in relation to the Employer‘s estimate of the cost of work,

the Employer may require the Bidder to produce detailed price basis for his

price assessment, to demonstrate the internal consistency of those prices

with the implementation/construction methodology and schedule proposed.

28.4 Requirement of submission of price analysis from the successful Bidder shall

be com plied with by him and submitted to the Employer‘s Representative or

his nominee within fifteen days from the date of such notice issued by the

Employer’s Representative or his nominee failing which his bid would be

treated as non-responsive.

28.5 After evaluation of price analysis, taking into consideration the schedule of

estimated payments, the Employer may require that the amount of the

Performance Security set forth in Clause 33 (ITB) be increased at the

expense of the bidder to a level sufficient to protect the Employer against

financial loss in the event of default of the successful bidder.

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29 Employer’s Right To Accept Or Reject Bids

Notwithstanding Clause 28 above, the Employer reserves the right to accept

or reject any Bid, and to annul the bidding process and reject all bids,

without assigning any reason, at any time prior to award of contract, without

thereby incurring any liability to the affected bidder or bidders or any

obligation to inform the affected bidder or bidders of the grounds for the

Employer‘s action.

F. AWARD OF CONTRACT

30 Award Criteria

30.1 After evaluating the bids, the Employer shall award the Contract to the

Bidder at his quoted price, including any discounts or corrections and whose

Bid has been determined to be responsive to the Bidding documents and who

has the lowest evaluated Bid Price which has been found, provided that such

Bidder has been determined to be (a) eligible in accordance to the provisions

of Clause 3 of ITB, and (b) qualified in accordance with the provisions of

Clause 4 of ITB.

30.2 The employer shall make all efforts to award the contract within the period of

Bid validity.

31 Notification of Award

31.1 The Notification of award of contract shall be according to the provisions of

this clause onwards.

31.2 The Bidder who’s Bid has been accepted will be notified of the award by the

Employer prior to expiration of the Bid validity period by cable/Fax and

confirmed by registered letter. This letter issued in Form C-1 (hereinafter and

in the Conditions of Contract called the ″Letter of Acceptance″) will state the

sum that the Employer will pay to the Contractor in consideration of the

execution, & completion of the Works by the Contractor as prescribed by the

Contract (hereinafter and in the Contract called the ″Contract Price″). The

successful bidder (hereinafter called the ’Contractor‘) shall acknowledge and

submit a signed copy to the Employer immediately on receipt of the ″Letter

of Acceptance″.

32 Signing of Contract Agreement

32.1 The Employer and the successful bidder shall enter into a Contract

Agreement (the Form of Agreement is placed at Form C-2) within 28 days

after the successful bidder (hereinafter called the Contractor) receives the

Letter of Acceptance, unless they agree otherwise, subject to furnishing the

performance security as laid down in ITB Clause-33 before signing the

Agreement with the Employer.

32.2 Upon issue of “Letter of Acceptance″ to the successful Bidder, the Employer

will promptly notify the other Bidders that their Bids have been unsuccessful

and release their Earnest Money Deposit/Bid Security.

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33 Security Deposit (Performance Security)

33.1 Security Deposit shall consist of Performance Security which is to be

submitted upon award of work.

33.2 Performance Security shall be 10 % of Contract Price and shall be submitted

as Bank Guarantee, or any other form of deposit stipulated by the Employer,

within 28 days of receipt of “Letter of Acceptance″. If the performance

security is provided by the successful Bidder in the form of a Bank

Guarantee, then (a) the performance bank guarantee expressed in Nepalese

rupees shall be issued by a Scheduled Bank or Foreign Bank notified as

Scheduled Bank and (b) The Bank Guarantees in currency other than NR

(Nepalese Rupee) shall be acceptable only if these are issued by an

International Bank of repute.

33.3 Failure of the successful bidder to comply with the above stated requirements

of ITB, clause 32 & 33 shall constitute a cause for annulment of the award,

forfeiture of the EMD/Bid Security, and any other such remedy the Employer

may take under the provisions of the contract.

33.4 Not Used.

33.5 The Contractor shall extend the validity of the Bank Guarantees issued

against security deposit, if so requested by the Employer due to delay in

operational acceptance of performance of the unit/works at least 1 month

before the expiry of the ″period of validity″ of each of the Bank Guarantee

thereof.

33.6 The security deposit shall be released on successful completion of Defect

Liability Period.

33.7 In case of JV/Consortium, all the partners shall have to submit the

performance security deposit individually, aggregating to the total sum of 5%

of Contract Price. The value of individual guarantees submitted shall

correspond to each partner’s share in the JV.

34 Permanent Account Number (PAN)

Within 28 days from the date of issue of the Letter of Acceptance, the

successful bidder shall furnish to the Employer his Permanent Account

Number (PAN no.) issued by the Income Tax Authorities or any other

equivalent relevant document as per the prevalent Income Tax rules of the

host country. No payment shall be made to the contractor unless he submits

his Permanent Account Number or any other equivalent appropriate

document.

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35 Advance Payments

The Employer may provide interest bearing Advance Payments against Bank

Guarantee of equal amount to the Contractor if stipulated in the Conditions of

Contract. The interest rate for such advances is as stated in the Contract

Data.

36 Corrupt or Fraudulent Practices

36.1 The Employer requires that Bidders/Suppliers/Contractors under this

contract, observe the highest standard of ethics during the procurement and

execution of this contract.

In pursuance of this policy, the Employer:

(a) Will reject a proposal for award of work if he determines that the Bidder

recommended for award has engaged in corrupt* or fraudulent** or

collusive*** or coercive**** practices in competing for the contract in

question.

(b) Will declare a Bidder ineligible, either indefinitely or for a stated period

of time, for award a contract/contracts or continuing with it after award

if he, at any time, determines that the Bidder has engaged in

“corrupt″ or “fraudulent″ or “collusive″ or “coercive″ practices in

competing for, or in executing, the contract.

* “corrupt practice″ means the offering, giving, receiving or soliciting of

anything of value to influence the action of any official in the

procurement process or in contract execution;

** “fraudulent practice″ means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of the Employer, and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid

prices at artificial non-competitive levels and to deprive the Employer

of the benefits of free and open competition;

*** “collusive practice″ means a scheme or arrangement between two

or more bidders, with or without the knowledge of the Employer,

designed to establish bid price at artificial, non-competitive levels;

**** “coercive practice″ means harming or threatening to harm,

directly or indirectly, any person or their property to influence their

participation in the tendering process or affect the execution of a

contract.

36.2 Furthermore, Bidders shall be aware of the provision regarding forfeiture of

Earnest Money Deposit stated in ITB Clause 17.6.

36.3 Bidders or each member partner of the Joint Venture / Consortium shall not

be involved/listed and/or charged for ″corrupt″ or ″fraudulent″ or ″collusive″

or ″coercive″ practices issued by Govt. of host country or any foreign govt. /

State Govt. / Government Depts. / PSUs / World Bank / Asian Development

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Bank or ineligibility thereof in accordance with ITB Clause 36.1. Bidders/each

member partner of JV shall submit a declaration in this regard in ’Form B-15’.

37 Conciliator

For this tender, provision of Conciliator is not proposed, unless specifically

agreed with the employer.

END OF ITB

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PART-5

INFORMATION FOR BIDDERS (INFB)

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INFORMATION FOR BIDDERS (INFB)

Table of Contents

1 INTROUCTION .................................................................................................... 35

1.1 General description of the project .................................................. 35

1.2 Land availability and temporary land acquisition ........................... 36

2 PROJECT COMPONENTS ...................................................................................... 37

2.1 DIVERSION WEIR........................................................................... 37

2.2 River diversion ............................................................................... 37

2.3 RIVER INTAKE AND FEEDER DUCT.................................................. 37

2.4 DESANDING CHAMBERS ................................................................. 37

2.5 HEAD RACE TUNNEL ....................................................................... 37

2.6 FOREBAY AND POWER INTAKE....................................................... 38

2.7 PENSTOCKS .................................................................................... 38

2.8 POWER HOUSE ............................................................................... 38

2.9 TAILRACE SYSTEM.......................................................................... 38

3 PRO BABLE RISKS ............................................................................................... 39

3.1 Meteorological variations ............................................................... 39

3.2 Seismological variation .................................................................. 39

3.3 Constraints in access to site ........................................................... 40

3.4 Political and social risks ................................................................. 40

3.5 Economical and legal variation ....................................................... 41

3.6 Acts of employer affecting works ................................................... 41

3.7 Acts of Contractor affecting works ................................................. 42

4 RISK REGISTER .................................................................................................. 44

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INFORMATION FOR BIDDERS (INFB)

1 INTROUCTION

Following information and data for site related characteristics & logistics

including geo-technical details are being furnished in respect of this project.

1.1 General description of the project

The construction site of Middle Modi Hydropower Project (MMHP) is

located in Kaski and Parbat Districts of Gandaki Zone in Western

Development Region of Nepal. The Project lies in the upper region of the

Lesser Himalayas. The Modi Khola is one of the major tributaries of the

Kaligandaki River of the Gandaki basin. The intake for MMHP is located at

Birethanti village which is about 40 km north-west of Pokhara and about

14 km north-east from Kusma, the district headquarter of the Parbat

District. At present, there is about 1.5 km long earthen road to access the

intake area of the project from Nayapul on Pokhara- Baglung Highway.

The earthen road is accessible throughout the year from Pokhara –

Baglung highway. The powerhouse is located opposite to the Pokhara –

Baglung high way on the right bank of the Modi Khola, just upstream of the

diversion weir of existing Modi Khola Hydroelectric Project that is being

operated by NEA.

The Contractor is solely responsible for all his access and transport needs

to the Site. This is a public road and the Employer will not be responsible

for the condition of the road including delays or additional costs due to

interruptions and closures of the road.

The Contractor shall abide by all limitations, laws and regulations relating to

the use of public transportation routes. The Contractor shall have collected

all necessary information and made his own assessment of the road and

bridge conditions and capacities and shall be responsible for any

rehabilitation or strengthening needed for his transport requirements

also on the public road between Birgunj/ Kathmandu to the Site. The

Contractor shall obtain the permissible load-bearing capacities of the

existing road / bridges along the public road network. The Contractor shall

be responsible for satisfying himself that any of his vehicles or equipment

which he intends to pass over any of the existing road/ bridges in the area

shall not damage or endanger the integrity or safety of the general public,

roadways, associated structures and other traffic. He shall make any

necessary repair or replacements as the case may be to any structure on

the route which is damaged by the Contractor as a result of his own

a c t i v i t i e s . Such repair or replacement shall be satisfactory to the

Engineer or the appropriate government authorities.

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In the event that the Contractor proposes to carry out any strengthening

or supporting works of any bridge or associated structure or roadway in

order to use of heavier or larger vehicle, for the purposes of executing

the Works under the Contract, the Contractor shall be responsible for

obtaining all necessary approvals and permissions as may be required from

the authorities concerned which own or are responsible for operation

of such bridges, structures or roadways. The Contractor shall submit to

the Engineer a copy of all such requests for permission within 3 days of

submission of the original request to the authority concerned, including all

supporting drawings, calculations and other information. The Contractor

shall submit to the Engineer a copy of approval or permission within 3

days after receiving it from concerned authorities.

1.2 Land availability and temporary land acquisition

The Employer will acquire all the lands necessary for the permanent and

temporary construction works. The Contractor shall, during the execution of

the works, have free use of working areas and access thereto in the

Employer's area of land, except where shown otherwise on the Drawings.

The Contractor will be permitted to construct temporary roadways, and

other temporary facilities such as accommodation for his work force, site

offices, water supply and sewerage system, and all other works necessary

as per the Contract within the area provided by the Employer. I f the

Contractor needs additional temporary land besides the temporary land

given by the Employer, the Contractor shall justify for it and take approval

from the Engineer.

The Contractor shall follow the following procedure while acquiring the land

and other private properties required for temporary works:

i) The Contractor shall make an assessment report on his needs in

terms of temporary land acquisition, possible impacts, households to be affected, and compensation arrangements before taking possession of or entering in to the assets and submit it to the Employer;

ii) The Engineer and the Employer together shall verify on the ground,

review and approve the Contractor’s request;

iii) After getting the approval from the Employer, the Contractor shall enter into an agreement with the owner of the land and provide a copy of the agreement to the Engineer before entering into the l a n d or occupying such property. All rentals, lease amount, compensation to loss of any crops, vegetation, trees etc. shall be paid by the Contractor at his own cost.

The Contractor shall not take the possession of any private land before the

approval of the Engineer and the Employer.

The Contractor shall make efficient plan for the land provided by the

Employer. Subject to the availability of limited open area at the site,

the Contractor might use land economically and temporary housing area

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may require to design and adjust accordingly because of the steep and

narrow topographical features the headworks site.

2 PROJECT COMPONENTS

2.1 DIVERSION WEIR

An ungated diversion weir with sluices for silt flushing is proposed across Modi

Khola for diverting the water to the intake.

Suitable arrangement shall be made in the weir body to pass the approved

minimum ecological discharge, under continuously varying reservoir level

between FRL and MDDL, with appropriate controlling system.

Suitable arrangement like construction of fish ladder shall also be made for

safe passage of fish through the body of the weir.

2.2 RIVER DIVERSION

The work includes construction of diversion canal; design, construction,

maintenance and restoration of upstream and downstream cofferdams for the

entire construction period

Diversion of Modi Khola has been envisaged in two stages. In first stage a

diversion channel is envisaged on the left bank of the Modi River along with a

coffer dam from Upstream to the Downstream of the headworks area. After

the completion of the construction of sluice, intake and part of weir on the

right bank of Modi River, the river will be diverted through the sluice with the

construction of adequate coffer dams to divert it.

2.3 RIVER INTAKE AND FEEDER DUCT

The water conductor system and powerhouse are proposed on the right bank

of Modi Khola. Intake structure is proposed at the entrance of the open

feeder duct, located just upstream of the weir. The invert of intake structure

is kept at 1012 m, (1.5 m above the invert of sluice, to prevent entry of

sediments and trash into the feeder duct, which will lead the water to the

desanding chambers. For the maintenance of water conductor system, service

gate is provided in the feeder duct.

2.4 DESANDING CHAMBERS

The feeder duct will be split into three ducts just before the desanding

chambers and the split ducts will lead water into the three desanding

chambers. The design discharge in each chamber will be about 9.583 cumec.

The purpose of providing desanding chambers is to remove suspended

sediments of 0.20 mm and above size from the water, before entering the link

duct leading water to the HRT which further leads to the forebay.

2.5 HEAD RACE TUNNEL

Water from both desanding chambers will enter the link ducts of V-size 4.2 m

x 4.2 m which will lead water to the common Head Race Tunnel of 4.2 m dia

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D-shaped tunnel of approximately 2793 m length. The design discharge of

HRT will be about 25cumec plus 10% for overloading.

2.6 FOREBAY AND POWER INTAKE

2.6.1 FOREBAY

HRT will carry water from link ducts to the Forebay. The forebay will carry out

the function of surge shaft to reduce the pressure surges created due to water

hammer and to limit their further transmission into HRT. The forebay shall

also supply water to turbines in case of sudden startup of a machine and the

capacity of forebay shall be designed considering this aspect. Overflow

arrangement shall be provided in the forebay for discharging excess water

into the river during upsurge as well as excess water collected during rains.

The contractor shall carry out the surge analysis in the penstock and the

design of forebay shall consider the effect of water level fluctuations due to

water hammer effect in the penstocks.

2.6.2 POWER INTAKE

At the mouth of the penstock, a power intake is provided, protected with trash

racks. This intake shall ensure turbulent free water supply to the penstocks.

2.7 PENSTOCKS

One number 3 m dia surface penstock of about 150 m length, bifurcated into

two unit penstocks of 2000 m dia (about 25 m each including transition) feed

the water from the forebay into the two units of the powerhouse. At the

mouth of the penstock, suitable trash rack shall be provided to prevent entry

of trash into the penstock. Though the trash racks are planned to be cleaned

manually, as another trash rack is already provided at the river intake, this

trash rack is planned to be designed with a net maximum velocity at MDDL of

1.5 m /sec, with 25 % of net opening of trash rack structure clogged. The net

flow area of the trash shall be calculated as the area of opening minus the

area occupied by the trash rack frame and bars within the opening.

The main and unit penstocks are made of steel liners supported on saddle

supports at intervals. Appropriate anchor blocks shall be provided at all bends

of penstocks. The purpose of the penstocks is to carry water from forebay to

the powerhouse to feed the turbines with water for power generation.

2.8 POWER HOUSE

A surface powerhouse is proposed on the right bank of Modi Khola. Two units

of horizontal axis Francis Turbines having an installed capacity of 7.55 MW

each is proposed.

2.9 TAILRACE SYSTEM

The two tail race ducts emanating from the draft tubes will be merged

together to form a common tail race duct, finally discharging back into the

river.

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3 PROBABLE RISKS

3.1 Meteorological variations

The main meteorological condition which may affect the work is rain falls of

higher density.

3.1.1 Occurrence of heavy rains during non-monsoon periods

Rains of small intensities of short durations may affect the work only

temporarily. However, if higher intensity rains occur, outdoor activities will be

hampered. The contractor shall include the costs to be incurred during rains of

intensities up to 30 mm/hr. intensity, during non-monsoon periods, in his

quoted price.

In case, the HM activities are affected due to occurrences of rain fall of

intensities more than 30 mm/hr, during non-monsoon periods, the additional

costs if any incurred to manage the outdoor works, shall be calculated by the

contractor as per the provisions of risk register and such amounts approved

by the Employer (less any compensations to be received from insurance

policies) will be equally shared between the Employer and the Contractor.

(Employer 50% and Contractor 50%).

3.1.2 Occurrence of very heavy rains including cloud bursts during monsoon

periods:

In monsoon seasons, during heavy rainfall periods, the outdoor construction

activities may be suspended. However, if very high intensity rain falls occur,

additional measures will have to be taken to protect the work areas and

already constructed structures. The contractor shall include the costs to be

incurred during rains of intensities up to 100 mm/hr. intensity, during

monsoon periods, in his quoted price.

In case, the HM activities are affected due to occurrences of rain fall of

intensities more than 100 mm/hr, during monsoon periods, the additional

costs if any incurred to manage the outdoor works, shall be calculated by the

contractor as per the provisions of risk register and such amounts approved

by the Employer (less any compensations to be received from insurance

policies) will be equally shared between the Employer and the Contractor.

(Employer 50% and Contractor 50%).

3.2 Seismological variation

The Contractor shall include in his price all rectification works required as a

result of occurrence of earthquakes with PGA up to 0.25 g (horizontal) and

0.17 g (Vertical), in his quoted price.

In case, of occurrence of earth quakes having PGA values higher than 0.25 g

(horizontal) and 0.17 g (vertical), the additional costs if any required due to

the increased earth quake intensity, shall be calculated by the contractor as

per the provisions of risk register and such amounts approved by the

Employer(less any compensations to be received from insurance policies) will

be entirely borne by the Employer (Employer 100%).

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3.3 Constraints in access to site

During the construction stage there is likelihood of obstructions in the

approach roads and highway, as a result of heavy traffic, landslides,

accidents, bad weather conditions, etc.

Impact of Such obstructions to approaches up to 3 days continuously shall be

considered in the bid by the contractor.

Extra costs required due to impact of disruptions to approaches exceeding 3

days, shall be calculated by the contractor as per the provisions of risk

register and such amounts approved by the Employer(less any compensations

to be received from insurance policies) will be equally shared between the

Employer and the Contractor (Employer 50% and Contractor 50%).

3.4 Political and social risks

3.4.1 War, hostilities, invasion, acts of foreign enemies, rebellion, revolution,

insurrection of military or usurped power, or Civil war.

Such occurrences will disrupt the work schedule and also may cause damages

to the already constructed works.

Extra cost required to restore the works including rectification of damages if

any shall be calculated by the contractor as per the provisions of risk register

and such amounts approved by the Employer(less any compensations to be

received from insurance policies) will be entirely borne by the Employer

(Employer 100%).

3.4.2 Contamination by radio activity from any nuclear fuel, or from any nuclear

waste, or radioactive materials, pressure waves caused by aircrafts or other

aerial devices travelling at sonic or supersonic speeds.

Such incidents will disrupt the work schedule and also may cause damages to

the already constructed works.

Extra cost required to restore the works including rectification of damages if

any shall be calculated by the contractor as per the provisions of risk register

and such amounts approved by the Employer(less any compensations to be

received from insurance policies) will be entirely borne by the Employer

(Employer 100%).

3.4.3 Damages due to any Political or Religious incidence.

Such occurrences will disrupt the work schedule and also may cause damages

to the already constructed works.

Extra cost required to restore the works including rectification of damages if

any shall be calculated by the contractor as per the provisions of risk register

and such amounts approved by the Employer(less any compensations to be

received from insurance policies) will be equally shared between the Employer

and the Contractor (Employer 50% and Contractor 50%).

3.4.4 Incidence due to local hindrance/instability

Such occurrences will disrupt the work schedule and also may cause damages

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to the already constructed works.

Extra cost required to restore the works including rectification of damages if

any shall be entirely borne by the Contractor (Contractor 100%).

3.4.5 Acts of terrorism, Riots or commotion or disorder, unless solely restricted to

employees of the contractor or his subcontractors and arising from the

conduct of the works.

Such occurrences will disrupt the work schedule and also may cause damages

to the already constructed works.

Extra cost required to restore the works including rectification of damages if

any shall be calculated by the contractor as per the provisions of risk register

and such amounts approved by the Employer(less any compensations to be

received from insurance policies) will be equally shared between the

Employer and the Contractor (Employer 50% and Contractor 50%).

3.5 Economical and legal variation

3.5.1 Fluctuation of prices of materials, labour, and equipment.

The cost increase due to escalation of prices of various materials, labour and

machinery shall be considered in the quoted price and no escalation will be

separately applicable.

Even in the case of abnormal variation in prices of any commodity, the entire

cost increase shall be borne entirely by the Contractor. (Contractor 100%).

3.5.2 Changes in administrative regulation /government policies /Law.

In the case of cost increase as a result of any modification or introduction of

new conditions by Government agencies, changes in any regulation,

government policy or law, subsequent to the submission of bids, the increase

in cost shall be calculated by the contractor as per the provisions of risk

register and such amounts approved by the Employer(less any compensations

to be received from insurance policies) will be entirely borne by the Employer

(Employer 100%).

3.6 Acts of employer affecting works

3.6.1 Modification in schedules of other contracts which will affect the works of the

HM contractor.

In unavoidable circumstances, the employer may accept the modifications in

the schedules of other contracts, which may affect the works of HM Package.

In such cases the schedule of the HM Contract also may have to be modified

to match with the revised schedule of other packages.

In case extra cost is to be incurred due to the above changes in schedule, the

same shall be calculated by the contractor as per the provisions of risk

register and such amounts approved by the Employer (less any

compensations to be received from insurance policies) will be entirely borne

by the Employer (Employer 100%).

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3.6.2 Suspension of works ordered by the employer, in excess of 15 days.

In certain site conditions, the employer may require suspension of works at

site.

The contractor shall include in his quoted price, the impact of suspensions

extending upto15 days.

In case the suspension periods exceeds 15 days, the cost increase if any due

to the impact of suspension in excess of 15 days shall be calculated by the

contractor as per the provisions of risk register and such amounts approved

by the Employer (less any compensations to be received from insurance

policies) will be entirely borne by the Employer (Employer 100%).

3.6.3 Additional tests for a work, ordered by the employer, which is then found to

have no defect.

Sometimes for additional clarification and confirmation purpose, the employer

may order the contractor to carry out certain extra tests.

However if such extra tests proves that the work carried out is meeting the

specification requirements, then the cost incurred for such additional tests will

be completely borne by the employer, in line with the provisions of risk

register.

3.6.4 Delay in handing over work fronts.

In case of delays in handing over work fronts at intermediate stages due to

delays in the activities of other related contractors, the cost increase as a

result of such delays in handing over of fronts, shall be calculated by the

contractor as per the provisions of risk register and such amounts approved

by the Employer will be entirely borne by the Employer (Employer 100%).

3.7 Acts of Contractor affecting works

3.7.1 Labour injuries and accidents.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.2 Improper interference with the connivance of the public

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.3 Damage caused by the transportation of goods

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

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3.7.4 Acts or defaults of subcontractors of HM contractor

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.5 Defects in materials, plant and workmanship

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.6 Lack of a competent project management team.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.7 Lack of forward planning and budgetary control.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.8 Casual attention towards critical targets of time, cost and quality.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.9 Delays in procurement of materials and construction equipment due to a

casual approach.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.10 Inadequate maintenance of construction equipment / inadequate workshop

facilities and shortage of spare parts for construction equipment.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.11 Non deployment of competent specialized sub-contractors

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.12 Shortage of tradesmen and supervisors.

As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

3.7.13 In-adequate quality control facilities and staff

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As the impact of this activity is solely attributable to the contractor, the cost

increase if any due to this shall be entirely borne by the Contractor

(Contractor 100%).

4 RISK REGISTER

A risk register shall be maintained at site, during execution, in which the

status of various parameters will be recorded daily or whenever the risk

events occur. The register shall be maintained at site jointly by the Employer

and the Contractor. These recordings duly countersigned by the authorized

representatives of both parties (Employer and Contractor) will form the basis

for computing compensation on account of the occurrence of these risk

events. The proforma of risk register is provided in Contract Form C-6.

END OF INFB