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REGISTERED NO. PT.-40
3 ASADHA 1935 (S)
(No. PATNA 479) PATNA, MONDAY, 24TH JUNE 2013
BIHAR ELECTRICITY REGULATORY COMMISSION, PATNA
APPOINTMENT OF CONSULTANTS REGULATIONS, 2013
NOTIFICATION
The 24th June, 2013
No. BERC-Regl–1/05(Part)-05– In exercise of powers conferred under section
181 read with section 91 (4) of the Electricity Act, 2003 (Act 36 of 2003), and all other
powers enabling the Commission in this behalf and in supersession of the Regulations
issued under notification no. BERC-1/05-79 dated 15th October, 2005 published in
the Bihar Gazette Extraordinary on 22nd October, 2005, the Bihar Electricity
Regulatory Commission hereby makes the following regulations, namely :-
1. Short title, extent and commencement:
1. These regulations may be called the Bihar Electricity Regulatory Commission
(Appointment of Consultants) Regulations, 2013.
2. These Regulations extend to the whole of the State of Bihar.
3. These Regulations shall come into force on the date of their publication in the
Official Gazette.
2. Definitions: In these regulations, the word used shall have the following
meanings-
(a) "Act" shall mean the Electricity Act, 2003 (36 of 2003);
(b) “Bid” shall mean proposal for the appointment as consultant by the
Commission;
(c) “Chairman” shall mean the chairperson of the Commission;
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(d) "Commission" shall mean the Bihar Electricity Regulatory Commission;
(e) "Consultant" shall include any individual, firm, body, or association of
persons, not in the employment of the Commission, who or which
possesses or has access to any specialized knowledge, experience or skill
and who may be appointed as such to assist the Commission on any
matter required to be dealt with by the Commission under the Act;
(f) “Consultancy Evaluation Committee” hereinafter referred to as “CEC”
shall mean the Committee constituted under Regulation 6 (4) of the
Regulations.
(g) “Officer” shall mean an officer of the Commission;
(h) “Member” shall mean a member of the Bihar Electricity Regulatory
Commission;
(i) “Regulations” shall mean the Bihar Electricity Regulatory Commission
(Appointment of Consultants) Regulations, 2013;
(j) “Secretary” shall mean the Secretary of the Bihar Electricity Regulatory
Commission or any other officer of the Commission authorized by the
Chairman to discharge the responsibility of the Secretary in his /her
absence;
(2) Words and expressions used and not defined in these regulations, but
defined in the Act, shall have the same meaning as in the Act.
(3) Interpretation:
In case of any doubt regarding interpretation of these regulations or when
express provision has not been made in these regulations about a particular
matter, the interpretation of the Commission in those matters shall be final.
3. Scope of work:
(1) Consultants shall not normally be appointed for routine day-to-day work for
which in-house facility is available.
(2) Consultants may be engaged for any of the following purposes, namely:-
(a) Providing expert advice on specific issues of relevance and interest for the
Commission,
(b) conducting study of best practices, analyzing data developing benchmarks, or
any other similar purpose,
(c) performance of tasks requiring experience and qualifications which are either
not available within the Commission, or, in the opinion of the Commission,
the engagement of consultant shall be a more efficacious and efficient method
of completing the task in terms of quality, cost, time or for any other
consideration, and
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(d) assisting the Commission in performing their functions, if the Commission is
satisfied that there has been increase in quantum of work in the Commission
or regular posts could not be filled due to various constraints.
(3) Detailed terms of engagement including detailed scope of work shall be drawn
up in each case.
(4) The terms of engagement would specify the exact nature of the task to be
undertaken by the consultant, the time allowed for completion of each task
and the specific output that are to be provided by the consultant in relation to
each of the task.
4. Period of engagement:
Consultant shall be engaged for the minimum period. However, the period of
engagement may be extended for a period as considered necessary by the
Commission.
5. Categorization of consultants:
Consultants shall be categorized as :
(a) Institutional Consultants
(b) Individual Consultants
(c) Professional experts
(d) Staff Consultants
6. Institutional Consultants:
(1) Institutional consultant may be appointed where the Commission is satisfied
that there is a need for availing consultancy service which, in its opinion, may
be more appropriately provided by a firm or a company or an association or
body of persons.
(2) The Secretary shall prepare or cause to be prepared the terms of reference for
appointment of institutional consultant for any specific task indicating the
scope of the work and obtain approval of the Commission.
The terms of reference shall be prepared to specify the objectives, goal
and scope of assignment.
The terms of reference may also list the services and transfer of
knowledge, surveys necessary to carry out the assignment and the expected
outputs (reports, data, survey etc.) linked to each task.
The scope of the services described in the terms of reference shall be
compatible with the available budget.
(3) After approval of terms of reference by the Commission, the Secretary shall
cause the Request for Proposal to be issued inviting proposal from interested
consultants through publication of notice in at least one newspaper and also
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on Commission’s website giving, as far as possible, a notice of not less than
three weeks. Provided that in matter of urgency, the period of notice may be
reduced to less than three weeks, but not less than two weeks, as may be
decided with the approval of the Commission.
The request for proposal shall include the following :
(a) A letter of invitation stating the intention of the Commission to enter into
a contract for providing consultancy services, the details of the plan, the
date, time and address for submission of proposals.
(b) All informations regarding the evaluation process, the evaluation criteria
with their respective weights, the minimum pre-qualification score and
special qualifying clause, if any, necessary to enable to consultants to
prepare and submit responsive proposals.
(c) Terms of reference as per clause (2) of the regulation 6 above of the
regulation.
(d) Provided that the Commission may, where considered appropriate,
extend the time limit for submission of proposals.
(e) The Commission shall reserve the right to cancel the bid process without
assigning any reason thereof. The Commission shall also reserve the
right to reject any bid after assigning reasons thereof.
(f) Separate technical and financial proposals to be submitted in two
separate sealed envelopes superscribed as part I and part II respectively.
(g) The cost of RFP document and amount of earnest money as bid security
amount which the consultant shall submit alongwith the proposal in a
third separate sealed envelope clearly marked ‘Bid Security’. All three
sealed envelopes should be placed in one single sealed packet clearly
superscribed on top of the packet ‘Bid for Providing Consultancy
Services’.
(4) Evaluation of Proposals :
(i) The Commission shall constitute the CEC comprising the Secretary, an
Officer from finance, an Officer having knowledge in the area of work for
which the consultancy services are to be obtained and, if considered
necessary, an external expert, as may be nominated by the Chairman.
(ii) The CEC shall evaluate the bids through ‘Combined-Quality-Cum-Cost-
Based System’ based on predetermined-weightages allocated for each of
the parameters.
(iii) Provided that the CEC shall not proceed with evaluation of bids, unless
at least three bids have been received.
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(iv) Provided further that the condition of three bids may be relaxed with the
prior approval of the Commission in case adequate number of bids are
not received.
(v) Technical Evaluation :
(a) Evaluation of technical bids will be done by the CEC taking into account
the criteria fixed by the Commission. Each criterion shall be marked on a
scale of 1 to 100 and then the marks for each criterion shall be weighted
to arrive at weighted average technical scores. Weights in the following
ranges will be used by the technical committee with the approval of the
Commission to calculate the weighted average technical score for each
proposal.
Criterion Range of
weights
(i) Consultant’s Relevant experience for the assignment 20 to 30
(in terms of length of experience and no. of assignments
which shall be specified in the RFP)
(ii)Adequacy/quality of the proposed work plan and its 10 to 20
methodology proposed
(iii) Qualification, competence and experience in the 35 to 55
relevant field of the key personnel proposed for the
assignment.
General qualification- 16-25
Adequacy for assignment(no. of
relevant assignments handled) -17-25
Indian experience- 2-5
(iv) The extent of transfer of knowledge to staff of the 10 to 15
Commission
The weights approved by the Commission must total to 100
(b) Where the assignment depends critically on the performance of the key
staff, the proposal shall be evaluated on the qualifications of the
individual proposed to be appointed using the following criteria:-
(i) General qualification : General education and training, length of
experience, positions held, time with the consulting firm as staff,
experience in developing countries etc.
(ii) Adequacy for the assignment : Education, training, experience in
the specific sector, field, subject and relevance to the particular
assignment.
(iii) Indian experience : Knowledge of the administrative system,
organization and culture (in India).
(c) The Commission may decide the minimum qualifying marks to be
obtained in the technical evaluation.
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Provided that the minimum qualifying marks may not be less than
60.
(d) After the technical evaluation is completed, the Commission shall inform
those consultants who did not obtain the minimum qualifying marks in
technical evaluation or whose technical bids were considered non-
responsive to the terms of reference and their financial proposal will be
returned unopened after completing the selection process.
(5) Financial Evaluation :
(i) Those consultants who secure the minimum qualifying marks in the
technical evaluation shall be informed about the date and time of
opening of financial proposals giving time of not less than 7 days for the
consultant to be present at the opening, if they so desire.
(ii) The financial proposals of technically qualified consultants will be
opened by CEC in the presence of consultants or their representatives
who are present. The proposed prices shall be read aloud and recorded in
the proceedings.
(iii) The proposal with lowest quoted price will be given a financial score of
100 and other financial proposals shall be given financial scores that are
inversely proportional to their quoted prices.
e.g. Financial score of firm A = 100 X LP
(QP)A
Where LP = Lowest price and
(QP)A = Quoted price of firm A
(6) Evaluation of financial and technical scores :
(i) The total score shall be obtained by weighting the technical and financial
scores and adding them. The weight of the financial score shall be
specified by the Commission in each case taking into account the
requirement of the assignment considering the relative importance of
quality and price. The weight may not be more than 30% for the financial
score and not less than 70% for the technical score.
(7) Negotiation :
(i) The bidder scoring the highest combined score shall be invited for
negotiation. The aim is to reach an agreement on all points and finalize
the draft contract.
(ii) Negotiation will include discussion on the proposed methodology, work
plan, staffing activities chart, period to be spent in the field and in the
home office, staff and material logistics, and reporting as also the inputs
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required to ensure satisfactory implementation of the assignment, but
will not include negotiation on financial bid.
(iii) In the event of the successful consultants not responding to
negotiation/clarification as required for the finalization of the bid, the
Commission shall reserve the right to reject the proposal and forfeit the
security.
(iv) The Commission may require specific assurances from the consultant
that the key experts mentioned in the proposal will be actually available
for the assignment and no member of the team can be changed without
prior consent of the Commission and in case Commission is not satisfied
with the working of any member of the team he shall be replaced by the
consultancy firm with the approval of the Commission.
(8) Award of Contract :-
(i) The successful consultant shall be required to execute a Contract
Agreement within the time limit specified in RFP.
(ii) The institutional consultant shall be engaged after obtaining approval of
the Commission.
(iii) Failure on the part of successful consultant to execute Contract
Agreement within the time schedule as specified by the Commission may
lead to cancellation of the bid and forfeiture of bid security.
(9) Performance Security :- The successful bidder shall have to deposit
performance security in shape of irrevocable Bank Guarantee for 10% of the
total value of work valid for a period from the date of contract agreement till
six months after completion of the contract, after which it shall be released.
7. Individual Consultants:
(1) The Commission, on being satisfied that there is a need for availing
consultancy services which in its opinion can be more efficiently performed by
an individual, having qualification and experience considered essential for an
assignment, may decide to engage an individual consultant and direct the
Secretary to prepare the terms of reference indicating the scope of the work,
period of consultancy, the schedule of payments and the experience and
qualification required for obtaining consultancy services.
(2) Categorization of individual consultants-
(a) Individual consultants will be categorized into three groups based on
their experience-
Category Minimum professional experience
Advisors 25 years
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Sr. Consultants 20 years
Consultants 15 years
(b) The Commission may fix minimum qualifications for the consultant in
each case.
(c) The Commission may in appropriate cases, for reasons to be recorded in
writing, relax the qualification and experience keeping in view the overall
expertise of the person being considered for engagement as individual
consultant.
(3) The Secretary shall obtain approval of the Commission for the terms of
reference for engagement of individual consultant.
(4) The Secretary shall invite applications through publication of notice in at least
one newspaper and on the Commission’s website giving as far as possible, a
period of at least three weeks for submission of applications. Provided that in
matter of urgency, the period of notice may be reduced to less than three
weeks but not less than two weeks as may be decided with the approval of the
Commission.
(5) Individual consultant may be selected on the basis of their qualifications and
experience for the assignment. They may be selected on the basis of references
or through comparison of qualification among those expressing interest in the
assignment or may be approached directly by the Commission. Their
suitability shall be judged on the basis of academic background, experience
related to the assignment and appropriate knowledge of local conditions,
administrative system and government organization.
(6) The consultant shall work under the control and supervision of the
Commission.
(7) The Commission shall have the right to terminate, curtail or extend the term of
any consultant.
(8) The individual consultant shall be engaged after approval of the Commission.
(9) Fees and other charges :
(a) When individual consultant is required for a specific purpose, where the
experience, expertise, qualifications and credentials are of paramount
importance and the persons of requisite qualification and experience are
rarely available, the consultant shall be appointed on a consolidated
monthly fee to be decided by the Commission on merits of the individual
on a case to case basis.
Provided that the Commission may from time to time by an order
in writing direct revision of the rates of fee.
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Provided further that no other payment apart from the
consolidated fee will be paid except for the additional amount to cover
contingency which the Commission may allow subject to maximum of
10% of the fee payable to the consultant.
Provided also that the Commission may after consideration order
for providing conveyance to the consultant.
(b) The individual consultant may be appointed on daily basis in case the
Commission considers it appropriate and for which fee per man day shall
be decided by the Commission as considered on merit of the individual
on a case to case basis.
(c) Where the consultant has to incur expenditure on travel to and stay at a
place away from the headquarters, the Commission may reimburse daily
allowance and the cost of travel by an appropriate class, not lower than
that permitted for a group A Officer of the State Government. The
Commission may fix the amount permissible as daily allowance and
determine the reasonable limits within which actual expenses are to be
allowed, on a case to case basis.
(d) Individual consultants, who are appointed by the Commission under
these regulations for specific time periods on monthly basis, shall be
eligible to avail the holidays applicable to the employees of the
Commission. They shall also be eligible for one day casual leave in a
month subject to total casual leave of twelve days in a calendar year.
Casual leave, if not availed during any month, shall accumulate till the
end of the calendar year, provided that period of absence on
holidays/casual leave in a stretch shall not exceed 10 days. Any
absenteeism over and above the period approved by the Commission
shall be treated as leave on loss of emolument and deduction shall be
made on prorata basis in the monthly emolument.
8. Professional experts:
(1) The Commission, on being satisfied for the need, may decide to engage a
professional for advice on an issue of urgent nature.
(2) On the Commission so deciding, the Secretary shall formalize the proposal and
prepare a list of not less than two professionals having the requisite expertise
in the field, his willingness to accept consultancy work and the fee demanded
by each of them.
(3) The Commission may approve the name of the expert for engagement as
consultant on payment of such fee and on such other terms as may be
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considered appropriate which would be decided on case to case basis taking
into account nature, quality and quantum of work.
Provided that the fee so decided shall not exceed Rs. one lac for an
individual item of work.
9. Single Source Selection:
Single source selection shall be resorted only in exceptional cases by the
Commission where it is considered appropriate and presents a clear advantage
for the reason that the task represents a natural continuation of previous work
carried out by the consultant, or where an urgent selection is essential or for
small assignment where the fee payable does not exceed Rs. five lakhs or
where only one firm is qualified and has requisite experience for the
assignment.
10. Staff Consultants:
(1) The Commission, on being satisfied that there has been an increase in the
quantum of work of the Commission or there are constraints in filling regular
posts, may decide to engage staff consultant in expediency of work to assist the
Commission in discharge of its functions effectively and direct the secretary to
take further steps.
(2) The Secretary shall invite applications by publishing notice in at least one
newspaper and on the Commission’s website giving, as far possible, a period of
at least three weeks to interested and eligible persons for submitting
application.
(3) Before publishing the notice, the Secretary shall identify the qualification and
experience requirements keeping in view the relevant provisions of the
Commission’s Regulations governing the recruitment against regular post.
1 [ (4) The staff consultant may be categorized based on the qualification and length
of experience and offered consolidated fee ranging rupees thirty five thousand
only per month (for a fresh candidate) and rupees sixty thousand only per
month (for a candidate having very long experience and expertise). The fee
indicated in this clause shall be revised time to time depending upon the
consumer price index and increase in Dearness Allowance announced by the
State Government from time to time, as considered appropriate and
determined by the Commission.]
(5) The Commission shall constitute CEC comprising a senior Member of the
Commission, the Secretary, the senior most Officer of Finance and an Officer
having knowledge in the area of work for which the consultancy services are to
be obtained. The CEC shall interact with the candidates and recommend
1. Substituted clause "10(4)" by BERC (Appointment of Consultants) [1st Amendment]
Regulations, 2015 vide Bihar Gazette No. 1164 dated 8th October, 2015 (w.e.f.
08.10.2015)
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names of suitable persons for engagement as staff consultants and the fee to
be paid for approval of the chairman.
(6) The staff consultant shall normally not be engaged for a period more than two
years.
11. A consultant appointed by the Commission shall not utilize, publish, disclose,
or part with any information collected for the Commission and the consultant
shall be duty bound to hand over the entire record of the assignment to the
Commission at the expiry of the contract.
12. Power to relax:
The Commission may, for reasons to be recorded in writing, relax any of the
provisions of these Regulations.
13. Power to amend:
The Commission may at any time and on such terms as it may think fit,
amend any of the provisions of these Regulations for the purpose of meeting
the objectives for which these Regulations have been framed.
14. Power to remove difficulties:
If any difficulty arises in giving effect to any of the provisions of these
Regulations, the Commission may pass general or special order, not
inconsistent with the provisions of the Act, which appears to it to be necessary
or expedient for the purpose of removing the difficulties.
15. Repeal and saving:
(1) Save as otherwise provided in these Regulations the Bihar Electricity
Regulatory Commission (Appointment of Consultants), Regulations, 2005 shall
stand repealed from the date of coming into effect of these Regulations.
(2) Notwithstanding such repeal, anything done or purported to have been done
under the repealed regulations shall be deemed to have been done or
purported to have been done under these regulations.
16. Saving of inherent power of the Commission:
Nothing in these Regulations shall bar the Commission from adopting a
procedure which is at variance with any of the provisions of these Regulations,
if the commission, in view of the special circumstances of the matter or class of
matters and for reasons to be recorded in writing, deems it necessary or
expedient to depart from the procedure specified in these Regulations.
By the order of the Commission,
Ganesh Prasad,
Secretary.
