Bihar Electricity Regulatory Commission RFP for Consultancy Services
Bihar Electricity Regulatory Commission RFP for Consultancy Services
TENDER NOTICE
The RFP documents, eligibility criteria and other details are available for download on
Commission's website www.berc.co.inand may also be obtained from the office of the
Commission. The last date for submission of offer is 10.07.2024 at 3.30 P.M.
Sd/-
Secretary, BERC
BIHAR ELECTRICITY REGULATORY COMMISSION
Notice/Bid
3 Number Notice No.- 05, Dated: 07.06.2024
15 Presentation Tentatively within a week from date of opening of the technical part
of the tender. Date & Time will be intimated through e-mail
separately at least 2 (two) days in advance.
16 Financial Bid To be intimated to the eligible bidders through e-mail separately.
1. INTRODUCTION
2. SCOPE OF WORK
The scope of work is as detailed below but shall not be limited to:
2.1 Providing Support and assistance to the Commission on day-to-day basis on various
Regulatory issues (Technical/Commercial/Financial/ Legal matters etc.) related to
power sector as required from time to time. The work includes review of existing
Regulations for suitable amendments and / or repealing as per requirement,
Formulation of new Regulations, Guidelines etc. Compliance of various Rules,
Policies, Guidelines, directives of the competent authority in consonance with
Electricity Act, 2003, Conducting study of best practices, analyzing data,
developing benchmarks, and/or any other action required to assist the commission
in efficient and proper discharge of its functions, Regulatory issues, Capacity
buildings and any other matter as required by the commission, The duration of the
assignment will be 3 (three) years from the date of issue of Letter of Acceptance. However,
this may be extended for a further period of 2 (two) years as per the requirement of the
Commission on mutually agreed terms and conditions. In case the Commission intends to
extend the time period as per above, it shall communicate the same to the Consultant
before of expiry of the initial contract period of 3 (three) years.
2.2 Deliverables and timelines:
Scope of
Key Activities Schedule of completion
Work
Review of existing Regulations in
conformity with latest Rules,
Policies, Guidelines issued by the
competent authority in the light of
Electricity Act, 2003, for suitable
amendments and/or repealing as the
Within the contract period
case may be.
having individual
As mentioned
tasks/milestones as
in Clause 2 Assisting the Commission on various
decided by the
above Regulatory issues (Technical
commission from the start
/Commercial/Financial/ Legal
date of the contract.
matters etc. of power sector) related
to Tariffs, Power purchase,
Generation, Transmission,
Distribution, SLDC, Trading, Open
Access/GNA, Grid Code/Supply
Code, Standard of Performance
Scope of
Key Activities Schedule of completion
Work
(SOP), Renewable Energy etc.
5.1 Bidders are required to furnish all information and documents as specified in the
RfP in English language only.
5.2 Bid documents shall be neatly printed/ typed in three copies. Every page of the
bid document shall be signed by the authorized signatory with a seal. Additions,
alterations, and over-writings, if any, in the bid document or accompanying
documents must be initialed by the person(s) who signs the bid.
5.3 The bidder shall properly check the documents before submission to ensure that
all information / documents required are included. In this context a check list is
given at Annexure: T3. The bidder shall give a list of enclosures / documents
enclosed with the Bid.
5.4 The bidder shall be required to submit the details of all assignments / contracts as
required under para 3 (d) of the RfP along with documentary proof in support
thereof.
5.5 Bid shall be liable for rejection on the any of the following grounds:
5.5.1 incomplete Bid;
5.5.2 bid not meeting the technical / commercial conditions laid down in the RfP
documents;
5.5.3 terms and conditions / technical response / quoted price is vague and
ambiguous;
5.5.4 bid not accompanying Earnest Money Deposit (EMD) and payment against
cost of RfP and the required documents;
5.5.5 bid not valid for the specified period;
5.5.6 bidder should furnish only the relevant information /documents as required in
this RFP document in this regard and not unnecessary/irrelevant
information/ documents.
5.6 The Commission reserves the right to cancel the Bid process at any stage without
assigning any reason.
6.1 Bidders who require any clarifications on any point of the RFP documents may
participate through their authorized representative in the pre-bid meeting which
shall be conducted on 01.07.2024 at 11:00 A.M in the BERC office situated at
Vidyut Bhawan II, Nehru Path, Patna (Bihar).
The bidder who wishes to convey their query/suggestion(s) without
attending the pre-bid meeting may send their query/suggestion(s) through e-mail on
or before the date and time fixed for the Pre-Bid meeting. Any such
query/suggestion(s) received after the scheduled date and time of Pre-bid meeting
shall not be entertained.
The Commission on examining the suggestions/ queries raised in Pre-Bid meeting,
may respond by way of amending the RfP and /or issuing clarification on the points
raised. Such amendment / clarification will be duly notified on Commission’s
website and will also be sent to all such prospective bidders participated in Pre-Bid
meeting through email. Such amendment/clarifications will be treated as part of RfP
document.
6.2 At any time prior to last date of bid submission including any extended date of bid
submission, if any, the Commission, may add/delete/modify any portion of the RfP
document suo-motu by issuing amendment. Such amendment(s) shall be put on the
website of the Commission for information to all.
6.3 Amendment in the RfP document due the reasons mentioned under 6.1 and/or 6.2
above may result in extension in bid submission date which will be notified on
Commission‟s website separately. The amended RfP in such case shall be binding
on all bidders.
6.4 Although details included in RfP document have been compiled taking all
reasonable care, it is bidders' responsibility to satisfy themselves that the
information/documents submitted with the bid documents are adequate and that
there is no conflict between the bid documents and stipulations given in the RfP. In
case of any such conflict in any document after signing of agreement with
Commission, interpretation of BERC shall be final.
8 EARNEST MONEY:
8.1 The bidder shall furnish along with the bid, earnest money of Rs. 400,000/-
(Rupees Four lakh only) as Bid Security in the form of Demand Draft payable to
Bihar Electricity Regulatory Commission payable at Patna as referred in Clause
7.4.
8.2 Earnest money of unsuccessful Bidders shall be returned within 30 days of
finalization of Bid.
8.3 Earnest money of successful bidder shall be returned within one month of signing
of contract agreement.
8.4 Earnest money will be forfeited, if:
i) A Bidder withdraws his Bid during its validity period specified in the RfP.
ii) A successful Bidder fails to sign contract agreement within the date specified by
the BERC.
iii) A successful Bidder fails to furnish performance security as mentioned under
clause 20 hereinafter.
9 TECHNICAL BID:
12 PREPARATION COST:
The Bidder shall be responsible for all the costs associated with the preparation of the
bid and participation in discussions and negotiations.
13 DUE DATE:
13.1 The Bidder shall submit the Bid proposals latest by 10.07.2024 at 03:30 P.M at the
following address:
Secretary,
Bihar Electricity Regulatory Commission,
Ground Floor, Vidyut Bhawan-II,
NehruPath (Bailey Road), Patna 800 021.
Commission may at its discretion, may extend the last date and time for submission of
BID.
13.2 The Bidder has the option of sending Bid by registered post /courier or to
submit it in person. Bid submitted by telex /telegram/fax/other mode shall not be
considered under any circumstances. BERC takes no responsibility for any delay, loss
or non- receipt of bids sent by post/courier/or any other means.
13.3 Bids received after the due date and time shall not be considered.
15 EVALUATION CRITERIA:
15.1.1 Proposals will be evaluated based on the technical and financial bids. Technical bids
shall be evaluated first. Technical part will include presentation also. Bidders who
meet the minimum eligibility criteria as stipulated in the RFP shall be called for
presentation (part of technical evaluation). Date and time for presentation will be
intimated separately through e-mail at least two (2) days in advance.
15.1.2 The bids securing minimum qualifying score in the evaluation of technical bids,
shall be considered as responsive bids, and financial part of responsive bids only will
be opened.
15.1.3 Responsive Bids shall only be taken up for evaluation of financial bids.
Criterion Marks
(i) (Bidder’s Relevant experience for the assignment (in terms of
length of experience and no. of assignments)
25
(a) Length of experience- 10 marks
(b) No. of assignment- 15 marks
(ii) Adequacy/quality of the proposed work plan and its methodology
proposed (Bidders to give Power Point Presentation (PPT) for 10
evaluation).
(iii) Qualification, competence, and experience of the key personnel
proposed for the assignment in the relevant field.
General qualification - 25 marks
55
(iv) Adequacy for assignment (no. of relevant
assignments handled) - 25marks
(v) Indian experience - 5 marks
Total 100
The total score shall be determined by weighting the technical and financial scores
and adding them. The weight given to the technical and financial proposals shall be
in the ratio of 70:30.
i.e. Technical Proposal: 0.7
Financial Proposal: 0.3
The bidder obtaining maximum score as per the above evaluation criteria (L1) shall
be the successful bidder for further action as per terms of the RfP.
Note: If two or more than two bidders get equal highest combined score then the
successful bidder shall be decided through draw of lottery in presence of the bidder’s
authorized representative.
18 Negotiation:
18.1 The successful bidder shall be invited for negotiation. The aim is to reach an
agreement on all points and to finalize the draft contract agreement document.
18.2 Negotiation will include discussion on the proposed methodology, work plan,
staffing, activities chart, staff and material logistics, and reporting as also the inputs
required to ensure satisfactory implementation of the assignment, but will not
include negotiation on financial bid.
18.3 In the event of the successful bidder not responding to negotiation/clarification as
required for as mentioned in clause 18.2 above, the Commission shall reserve the
right to reject the proposal and forfeit the Earnest Money and assign the work to the
L2 bidder.
18.4 The Commission may require specific assurances from the bidder that the key
member mentioned in the proposal will be available for the assignment and no
member of the team will 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 bidder without delay, with the approval of the Commission.
19 Award of Contract: -
19.1 The successful bidder shall be required to execute a Contract Agreement as
mentioned in the RfP within the time limit specified therein.
19.2 Failure on the part of successful bidder to execute Contract Agreement within the
time schedule as specified in the RfP may lead to cancellation of the bid and
forfeiture of bid security (EMD) and other consequential action as mentioned under
para 18.3 hereinabove.
20 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 successful completion of the
contract, after which it shall be released. In the event of extension of
assignment/Contract, the Performance Bank Guarantee shall be suitably extended by
the Consultant. The Performance Bank Guarantee and/or the extended Bank
Guarantee shall be kept as security for performance of the contract/work and shall, if
need be, invoked for breach of any of the terms of the Agreement and/or for non-
performance by the Consultant.
21 Terms of Payment: -
The terms of payment shall be as under:
Payment for the period of engagement of consultancy services shall be made
proportionately on monthly basis within 30 days of submitting the bills, complete in
all respect subject to satisfactory performance as decided by the officer in charge of
the work. Further applicable deductions at source as per Income Tax, GST Act and
other statutory deductions shall be made from the amount payable to the consultant.
22 Confidentiality: -
The successful bidder shall maintain secrecy of all sources / information / data related
with the assignment. The successful bidder shall furnish bond of confidentiality of
data / information handed over to them or processed by them for undertaking the
consultancy job. The Consultant shall be duly bound to hand over the entire
record of assignment to the BERC before the expiry of the contract.
23 Miscellaneous: -
23.1 The successful bidder shall have to submit the required reports /papers/ studies in
hard copy as well as soft copy.
23.2 The persons deployed by the successful bidder shall be required to be available in the
office of the commission on all working days during the entire period of contract. The
Commission may provide space in the Commission office for working of the
Consultant without any logistical support, which shall be arranged by the successful
bidder on its own cost and risk.
23.3 From the time of opening of Bid and till its finalization, no correspondence of any
type shall be entertained, unless called for by the BERC. Any type of uncalled
clarifications on prices and/or rebates shall not be accepted. Unilateral
correspondence/ clarification/rebate/additions/ canvassing etc. from bidder side may
lead to cancellation of bid.
23.4 In the event of failure of consultant to successfully execute the work under contract
agreement within the specified time schedule, BERC may consider getting the work
done at the risk and cost of the consultant and may also impose penalty as the
Commission may deem fit in the matter.
24 Penalty
24.1 In case of failure to complete any of the tasks listed in the RfP or failure to
complete the assignment in time to the satisfaction of the Commission or for not
making available the services of any individual professional committed by the
Consultant and /or any contravention of the covenants of the Contract, an amount
proportionate to the incomplete work and /or an amount as determined by the
Commission for delay in completion of the assignment, or such contravention shall
either be recovered from the payable professional fee or by invoking Bank
Guarantee or both.
24.2 Non-compliance of Para 18.4 of RfP shall also attract following penalty:
▪ If the team member who is supposed to be available before the Commission for the
completion of scope of work is not available then a suitable proportionate amount
would be deducted from the monthly bills of the firm.
▪ If suitable replacement of team member is not made available by Consultancy Firm
with prior approval of the Commission, then suitable deduction from the monthly
bill(s) of the firm shall be made for the period of such occurrence.
25 Any dispute in connection with the bid is subject to Patna jurisdiction only.
***********
ANNEXURE: T1
Format of Curriculum Vitae
(CV) for Key Professional Staff
(who would be working on the
proposed assignment) along
with relevant experience as per
clause 3 of RfP
(Provide separate sheet for each Staff/ Resource personal along with documentary support)
2. Name
3.Date of birth and nationality
*4. Designation in the bidding firm
*Specify nature of employment with bidder firm (permanent
payroll of bidder/ on contract /any other mode of
engagement)
5.Years of working with bidding firm
6.Details of task assigned in the bidding firm
7. Academic qualifications from Graduation onwards
(a) Degree (with specialization if any)
(b) Institute/college and University/Board
(c) Year of passing
(d) Membership in professional societies
8.Overall experience of providing consultancy in
regulatory matters to
CERC/SERC/JERC/MoP/MNRE/CEA
9. Details of relevant professional experience as per < Works undertaken that illustrate capability
clause 3 to handle the task assigned. Use up to one
(a) Title and description of assignment page for objective, scope of work and outcome
(b) Name, address and contract number of the client of each assignment >
(c) Contract value of assignment (in Indian Rs.)
(d) Duration of assignment (Start date
andcompletion date)
(e) Position held in the assignment
Certification:
I, the undersigned, certify that, to the best of my knowledge this biodata correctly describes myself,
my qualifications and my experience.
Date:
Signature:
Name and
Designation of
Signatory:
Name of the
Firm:
Address:
ANNEXURE: T2
I. FIRM’SGENERALINFORMATION
II. FIRM’SASSIGNMENTS
(Format for relevant assignment(s) carried out in last seven years as per
clause 3(d) that best illustrate experience/qualifications) (Provide
separate sheet for each assignment along with documentary support
including copy of work order/contract, completion certificate etc.)
1.Titleanddescriptionof assignment
2.Name, address and contact number
ofthe client
3.Contract value of assignment (in
IndianRs.)
4.Duration of assignment (Start date
andcompletion date)
5. Key professional staff including
senior staff (as Project Director/
Coordinator, Team Leader)
involvedin the assignment (attach
profiles) along with their duration
of assignment
6.Any other relevant information
Date: Signature:
CHECK LIST
This check list is only to assist the bidder in preparing the bid document and covers only
certain important items required for evaluation of proposal and is not exhaustive. It is the
responsibility of the bidder to ensure submission of all necessary data / information as
called for in the RFP document. Please attach index, flag, give clear reference for the
supporting documents and all information sought in RFP to locate easily.
(Authorized Signatory)
(Name & Title of Signatory)
Name and Address of the Firm
with seal
ANNEXURE: T4
No. Date:
To
The Secretary
Bihar Electricity Regulatory Commission,
Vidyut Bhawan - II
Nehru Path (Bailey Road), Patna - 800 021
Sir,
Sub: For providing consultancy services to BERC for assisting the commission
on day-to-day basis in the activities as mentioned in the scope of work of
the tender xxxx.
1.0 With reference to the Bid documents we, the undersigned, having examined the
Bid Documents (insert numbers.............), including Addenda (Nos………), hereby
offer to provide the consultancy services for providing services to BERC.
3.0 We are also submitting our proposal, which includes the "Technical Bid" and the
"Financial Bid" in separate sealed envelopes. Authorized signatory has signed each
page of the proposal.
4.0 We certify that during this assignment we shall not take up any assignment with
the power utilities of Bihar regulated by the Commission, namely BSP(H)CL,
BSPGCL, BSPTCL, BGCL, SLDC, NBPDCL and SBPDCL or with any other
organizations working with which would constitute conflict of interest.
5.0 We understand that you are not bound to accept any bid, you may receive.
6.0 We, hereby, declare: -
(i) that only the persons or firms interested in this proposal as Principals are
named here and that no persons or firms other than those mentioned herein
have any interest in this proposal or in the contract to be entered into, if the
award is made on us;
(ii) that this proposal is made without any connection with any other person,
firm or party;
(iii) that submitting this proposal is in all respects for and in good faith, without
collusion or fraud.
Thanking you,
(Authorized Signatory)
(Name & Title of Signatory)
Name and Address of the Firm with
seal
(Bidders may note that no prescribed proforma has been enclosed for Power of Attorney and Bidders may
use their own proforma for furnishing the required information with the Bid.)
ANNEXURE: F1
No. Date:
To,
Secretary
Bihar Electricity Regulatory Commission
Vidyut Bhawan - II
Nehru Path (Bailey Road),
Patna – 800 021
Sir,
We, the undersigned, offer our financial proposal to provide the consultancy
services as per tender No… dt………... in accordance with your Bid Documents
(RFP) and our Technical Proposal. Our attached Financial Proposal is
(i) Rs. ..............................for the scope of services as mentioned in tender no. xxxxx
Sr.
Resource Rate/Person Month (INR/Month)
No.
1 Resource 1
2 Resource 2
3 Resource 3
5 .. ..
4 TOTAL
The indicated amount is firm and is inclusive of our professional fee, profits and all
applicable taxes and levies. No price variation and extra payment will be claimed in
excess of this amount.
Our Financial Proposal shall be binding upon us up to expiration of the validity period of
the proposal. Each page of the proposal has been signed by the authorized signatory.
We understand you are not bound to accept any proposal that you receive.
(Authorized Signatory)
(Name & Title of Signatory)
Name and Address of the Firm with seal
ANNEXURE: F2
SUMMARY OF COSTS
Sr.
Costs Amount (s) Rs.
No.
1 Total cost (including manpower cost)
(i)
2
(ii)
(iii)
(Authorized Signatory)
(Name & Title of Signatory)
Name and Address of the Firm
with seal
Annexure-I
For information to the bidders
-------------------------------------------------------------------------------------------------------------
Criteria for Evaluation of Technical Bids invited for providing consultancy
services to BERC
Technical Evaluation
Para 15.2.2of RFP:- Evaluation of technical bids will be done by the CEC considering
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. Marks as under will be used by the CEC to calculate the weighted
average technical score for each proposal.
Sr No Criteria Marks
(i) Bidders relevant experience for the assignment (In terms of length 25
of experience and no. of assignment)
(a) Length of experience – 10 marks
(b) No. of assignments – 15 marks
(ii) Adequacy/quality of the proposed work plan and its methodology 10
proposed (Bidders to give Power Point Presentation (PPT) in this
regard)
(iii) Qualification, competence and experience in the relevant field of
the key personnel proposed for the assignment (Total marks 55
distributed below)
(a) General qualification 25
(b) Adequacy for assignment (no of assignments handled) 25
(c) Indian experience 05
(iv) The extent of transfer of knowledge to staff of the commission 10
Total full marks 100
The Evaluation Committee will evaluate the bids in respect of each
criterion mentioned above as detailed below:-
The bids of eligible firms received in response to the Request for Proposal (RFP)
for the Bidder's relevant experience for the assignment in respect of each bidder
will be analyzed on the basis of the evaluation criteria and the method stated
above including the allocation of marks relevant to the assignment.
15.2.2 (ii) The Adequacy / Quality of the Proposed Work Plan and its
As per the method fixed in the RFP the above 10 marks shall be spread to 100
(Hundred) marks for the purpose of marking as detailed below in table and then
the marks allotted would be reduced to weighted average of 10 marks
The Committee will evaluate the approach/work plan and methodology proposed
during presentation and accordingly will award the marks as mentioned above.
15.2.2 (iii), Qualification, competence and experience in the relevant field of the personnel proposed for the assignment,
Adequacy of Assignment, Indian experience Full Marks-55
15.2.2 (iv),
15.2.2 (v)
As per clause 15.2.2 (iii), 15.2.2 (iv),15.2.2 (v) of the RFP document fifty-five (55) marks is assigned for "Qualification
competence and experience in the relevant field of the personnel proposed for the assignment." The above fifty-five(55)
marks shall be spread to hundred (100) for purpose of marking as detailed below and then reduced to weighted average of
55 marks.
The 25 marks assigned to general qualification is spread to 45 marks as below for allotting marks:
Marks
C. Time with consulting firm as regular staff in relevant field assigned-
5
(a) 3Year 3
(b) 4-5 Years 4
(c) More than 5 Years 5
(ii)Adequacy for assignment:
The 25 marks assigned to adequacy of assignment is spread to 45 marks as below for al lotting marks.
No. of assignment Assignment related to formulation of Regulations Full marks
started and completed and/or regulatory work on behalf of CERC/
during FY 2017-18 to SERC /JERC/MoP/MNRE/FOR/CEA
2023-24
Under these criteria for allocation of marks to the different bidders, relevant qualification and experience of their personnel
will be considered for evaluation and based on above, evaluation of respective bidders will be done.
15.2.2 (vi)Marks allotted in the extent of transfer of knowledge to staff of the Commission
As per clause 15.2.2(vi) of the RFP evaluation of bids for the extent of transfer of knowledge to staff of the Commission is to be done for
a score of 10 marks. As per the method fixed in the RFP the above 10 marks shall be spread to 100 for the purpose of marking as
detailed below in table and then the marks allotted would be reduced to weighted average of 10 marks.
Marks Allotted to
Sr No Criterion of Para 16.5 of RFP Full Marks Total Total Total Total
marks marks marks marks
obtained obtained obtained obtained
by Bidder by Bidder by Bidder by Bidder
1 2 3 4
(i) Bidders relevant experience for the assignment (In terms of 25
length of experience and no. of assignment)
(a) Length of experience – 10 marks
(b) No. of assignments – 15 marks
(ii) Adequacy/quality of the proposed work plan and its methodology 10
proposed (Bidders to give Power Point Presentation (PPT) in this
regard)
(iii) Qualification, competence and experience in the relevant field of
the key personnel proposed for the assignment (Total marks 55
distributed below)
(a) General qualification 25
(b) Adequacy for assignment (no of assignments handled) 25
(c ) Indian experience 05
(iv) The extent of transfer of knowledge to staff of the commission 10
Total Marks 100
Status on the basis of marks obtained in technical bids
Bihar Electricity Regulatory Commission
Reference 15.5 of RFP
Comparative Statement of Manpower details based on information submitted by the bidders in Annexure T1 of RFP.
Name of Bidders
No. of No. of Assignment Indian
Time with Assignment related to other experience
consulting related to regulatory work (No. of
Sl. Name and Length of firm as preparation of year)
Particulars
No. educational Experience staff in regulations
qualifications (No. of year) relevant beside other
field (No. of regulatory
year) work.
1 Resource 1
2 Resource 2
3 Resource 3