Bihar Renewable Energy Development Agency

(A Government Agency under Energy Department)

Expression of Interest (EOI)

For

Empanelment of Manufacturers of Luminary, Lithium Battery and Solar PV

module for setting up manufacturing unit /Assembly Unit/ Plant in the state
of Bihar.

EOI No: BREDA/EoI/MFG/MGSSLY/29/2022-23

Bihar Renewable Energy Development Agency

(A Govt. Agency under Energy Department)
2nd Floor, “Vidyut Bhawan” Building No- II, Bailey Road,
Patna– 800021, Bihar
Tel:0612-2505734 Fax: 0612-2505572
Toll Free: - 18003456204
Website: www.breda.bih.nic.in
 Bihar Renewable Energy Development Agency
(A Govt. Agency under Energy Department)
2nd Floor, “Vidyut Bhawan” Building No- II, Bailey Road,
Patna – 800021. Bihar
Tel: 0612-2505734 Fax: 0612-2505572, Toll Free No. - 18003456204
Website: www.breda.bih.nic.in Email: [email protected]
(Through e-procurement mode only- www.eproc2.bihar.gov.in)
EoI No: BREDA/EoI/MFG/MGSSLY/29/2022-23
Notice Inviting Tender of Expression of Interest (EoI) for Setting Up Manufacturing Unit/ Assembly
Unit/ Plant in the State of Bihar.

Panchayati Raj Department (PRD), Govt. of Bihar vide resolution Memo No- 5465 Dtd- 17-09-2021 had
nominated/ authorized “Bihar Renewable Energy Development Agency (BREDA, a Govt. agency under Energy
Department)” as PRD’s technical consultant agency for the project “Mukhyamantri Gramin Solar Street Light
Yojana” and accordingly BREDA has initiated this Expression of Interest (EoI) for the empanelment of
Manufacturers of Luminary, Battery and Solar PV module.

WHEREAS, Bihar Renewable Energy Development Agency, a Government Agency under Energy Department,
Government of Bihar (hereinafter called “BREDA”) invites Bids through Expression of Interest (EoI) from the
Bidders fulfilling the Minimum Eligibility Criteria specified hereunder for Expression of Interest (EOI) for
“Empanelment of Manufacturers of Luminary, Lithium Battery and Solar PV module for setting up
manufacturing unit /Assembly Unit/ Plant in the state of Bihar”. All the bidders who shall meet the minimum
eligibility criteria shall be granted provisional empanelment and shall later be eligible for receiving the preferential
procurement incentives.

The Bidder should meet the following Minimum Eligibility Criteria in order to be eligible for participating in this
EoI:

 Minimum Eligibility Criteria

S.N. Minimum Eligibility Criteria
The Bidder should be incorporated in India under Companies Act, 1956 or 2013/ and further amendment
(s)
Or
A Limited Liability Partnership Firm (LLP) registered under section 12 of Limited Liability Partnership
Act, 2008
1
Or
Partnership Firm, registered under section 59 of the Partnership Act, 1932
Or
A proprietorship firm
2. Bidder should have a valid Factory License as per Factory Act 1948.
Manufacturer Bidder should have at least annual manufacturing capacity of:
Solar PV module Lithium Batteries Luminaries
3 25 MW 50000 Nos. 50000 Nos.
(Certificate jointly signed by certified chartered accountant and director(s) of the company shall be
submitted by the firm)
Bidder should have Minimum Average Annual Turnover (MAAT) of:
Solar PV module Lithium Batteries Luminaries
4 20 Crore 10 Crore 10 Crore
(The bidder should submit Audited Financial Statement with Income Tax Return (ITR) for last 3 years
(i.e., FY-18-19, 19-20 and 20-21) to this effect).
Bidder(s) should have positive (+ve) Net worth at the close of the preceding Financial Year. (Auditor's
5
Certificate shall be submitted for the same).
6 Bidder should have valid GST registration certificate.
7 Bidder should have valid ISO 9001 certificate.
 Bidder should not have been Black Listed/ Debarred by any Government Department, Organization,
Agency, Authority or any Public Sector Undertaking (PSU). Undertaking owned by the Government
8 during the last three years as on the date for Bid submission. Undertaking regarding this on 100/- Non-
Judicial Stamp Paper duly notarized shall be submitted by the bidder at the time of bid submission.
Failing which the bid shall be liable to be rejected.
A Manufacturer, who is willing to setup a Manufacturing Unit/ Assembly Unit/ Plant within Six months
from date of provisional empanelment in the state of Bihar for SPV Module along with Luminary / Li-
Battery shall be eligible to participate, provided the firm fulfills all the above criteria. (An undertaking
is required from BOD/ Owner of the organization to setup Manufacturing Unit/ Factory in Bihar for a
capacity not less than 25 MW of SPV module per year along with 50000 nos. of luminary/ Li-Battery
9
and has to be submitted on a Rs. 100/-. non judicial stamp paper).

Failing to setup the unit within 6 months from the date of Provisional Empanelment the Manufacturer
may be delisted from the list of provisional manufacturers and BREDA shall initiate appropriate
action as deemed fit.
A Local Manufacturer of Bihar who has a Manufacturing Unit/ Assembly Unit/ Plant in the state of
Bihar for SPV Module 10 MW of SPV module per year along with Luminary / Li-Battery for a
capacity not less than 25000 nos. and valid GST of Bihar shall also be eligible to participate, provided
the firm fulfills all the criteria. The MAAT has to be fulfilled as detailed below:
10 Solar PV module Lithium Batteries Luminaries
10 Crore 5 Crore 5 Crore
(The bidder should submit Audited Financial Statement with Income Tax Return (ITR)for last 3 years
(i.e., FY-18-19, 19-20 and 20-21) to this effect).
Any entity willing to set up an automatic Manufacturing Unit/ Assembly Unit/ PLANT for the
production of either Module and Battery/ Luminary or all the Three components in the state of Bihar
for SPV Module for a capacity not less than 25 MW per year along with Luminary / Li-Battery for
a capacity not less than 50000 nos. of luminary/ Li-Battery and meeting eligibility criteria Sl. No. 1,
6, 7, 8, 9 and having Bihar Factory License, valid GST of Bihar shall also be eligible to participate,
11
provided the firm fulfills all the criteria. The entity has to submit relevant BIS License/ Certificate
within 60 days of shortlisting/ Provisional Empanelment.
Failing to setup the unit within 6 months from the date of provisional empanelment the
manufacturer may be delisted from the list of provisional manufacturers and BREDA shall initiate
appropriate action as deemed fit.

The following certificates should be mandatorily submitted for the respective categories of the application
by the manufacturers.
Solar Module Lithium Battery Luminary
 BIS 14286  BMS  LM 80
 IEC 61215  IS 16046-Part 2  LM 79-08
 IEC 61730-1 and IEC 61730-2  IS 16047 Part 3  IS 10322 Part 5 Sec 3
NOTE:
 Module Manufacturer should get empaneled in the ALMM List-I, being published by MNRE time to
time.

 Bid Information
Sl. No. Activity Duration
1. Online Download date of Tender documents Upto 04/08/2022 (12:00 Hrs) (www.eproc2.bihar.gov.in)
Cost of Bidding Document 1. Non-Refundable Cost of Bidding Document Fee of INR
(Submission of cost of bidding document is 29,500.00 including 18% GST to be paid through (Internet
mandatory for all bidders (No exemption for Payment Gateway (IPG), Challan).
2 MSME/ SSI / NSIC registered agency.) 2. E-tender Processing Charges of Rs. 590/- to be paid
through online mode i.e. internet payment gateway
(Debit/credit card, Net banking, NEFT, RTGS).
07/07/2022 at 11.00 Hrs. (Bihar Renewable Energy
3. Pre-Bid Conference Development Agency”, 2nd Floor, Vidyut Bhawan,
Building No.2, Bailey Road, Patna – 800021. Bihar, India.)
 4. Last Date/ Time for online submission/ 04/08/2022 up to 23:30 Hrs. (www.eproc2.bihar.gov.in)
uploading of offer/Bid
Last Date of Submission of Proof of Cost of 05/08/2022 at 14:00 Hrs (Bihar Renewable Energy
5. Bidding Document Fee, Earnest Money Deposit Development Agency”, 2nd Floor, Vidyut Bhawan,
(EMD) Fee and Tender Document in Hard Copy Building No.2, Bailey Road, Patna – 800021. Bihar, India.)
in Original.
6. Date & Time for Opening of Technical Bid 05/08/2022 at 15:30 Hrs. (www.eproc2.bihar.gov.in)
7. Validity of Bid 180 days from the date of opening of Technical Bid.
Earnest Money Deposit (EMD): - (Submission
of EMD of bidding document is mandatory for
8. all bidder (No exemption for MSME/ SSI /
NSIC registered agency). INR 10,00,000.00 (Ten Lakh only)
The submitted EMD would be returned on Earnest Money Deposit (EMD) to be paid through Internet
submission of Registration Fee (Non- Refundable) Payment Gateway (IPG).
and successful installation of all the necessary
equipments/ machinery required for the
production and equipment required for in-house
testing of their produced materials and finished
products.
Bid documents which include Eligibility criteria, “Technical Specifications”, various conditions of contract, formats,
etc. can be downloaded from website www.eproc2.bihar.gov.in. Any amendment (s) / corrigendum / clarifications
with respect to this Bid shall be uploaded on www.eproc2.bihar.gov.inwebsite only and shall be part of the Bid
Document.

The Bidder should regularly follow up for any Amendment / Corrigendum / Clarification on the above website.
1. Bidders are required to submit the documentary proof for the minimum eligibility criteria as mentioned
above.
2. Notwithstanding anything stated above, BREDA reserves the right to assess the capabilities and capacity of the
Bidder to perform the Contract, the circumstances warrant such assessment in the overall interest of BREDA.
3. All documents must be received by BREDA not later than the time and date stated in the Invitation for
Bid (IFB). Each Envelopes should be duly sealed, stamped and marked with EoI Number and should be
subscribed on the envelope as “Empanelment of Manufacturers of Luminary, Battery and Solar PV
module for setting up manufacturing unit /Assembly Unit/PLANT in the state of Bihar”.
4. All formats and relevant documents as required in the EOI shall be spiral bind and should be flagged
along with indexing and page number with proper seal & signature on each page. Details of flag should
be mentioned in the covering letter. Hardcopy of documents is for just cross verification of documents
uploaded on EPROC 2, but for evaluation, final will be the softcopy of uploaded documents on e-Proc-2
website.
5. For support related to e-tendering process, bidders may contact at following address “e- Procurement HELP
DESK, mjunction services limited RJ Complex, 2nd Floor, Canara Bank Campus, Khajpura, Ashiana Road, P.S.
- Shastri Nagar, Patna 800 014, Bihar, Contact No: 1800 572 6571”. Vendor may visit www.eproc2.bihar.gov.in.
6. Detailed NIT/EOI can be seen at website- www.eproc2.bihar.gov.in or www.breda.bih.nic.in
7. For participating in e-tendering process, the bidder shall have to get them registered to get used ID, Password
and digital signature. This will enable them to access the website https://eproc2.bihar.gov.in and
download/participate in e-tender. Those whose are not registered in e-tendering systems, they may contact “e-
Procurement HELP DESK, “Toll Free Number: 1800 572 6571, Email Id: [email protected],
Working Hours: 8AM to 7PM (All days in week except few selected state holidays), eProc 2.0 Help Desk
Address: mjunction services limited RJ Complex, 2nd Floor, Canara Bank Campus, Khajpura, Ashiana Road,
P.S. - Shastri Nagar, Patna 800 014, Bihar” for registration.
8. BREDA will not be responsible, in case of any delay, due to any reason whatsoever, in receipt of Bid Documents.
9. The BREDA reserves the right to reject any or all Bids or cancel/withdraw the EoI without assigning any reason
whatsoever and in such case, no Bidder/ intending Bidder shall have any claim arising out of such action.
10. BREDA intends to undertake a competitive bidding process in order to shortlist and qualify suitable Bidder,
who shall be eligible for evaluation of their proposal towards selection of the successful bidder in terms of the
EoI for award of the project.
11. Essential Requirement
 In the unlikely event of the server for www.eproc2.bihar.gov.in being down for more than two consecutive
hours (in the period from midnight to closing time for receipt of tenders) on the last date of receiving of bid,
the last date of the same shall be extended by concerned authority only to the next working day till the last
receiving time stipulated in the original EOI.
 The bidders are requested to check their file size of uploaded documents at the time of submission & they
should ensure that work file is uploaded. If they feel that the complete file is not uploaded then they should
click on cancel & update the same before submission. The bidders should satisfy themselves of download
ability/ visibility of the scanned & uploaded file by them.
 The bidders must use MS Office- 2003 version. File size should be less than 5MB and should be in M.S
word, M.S Excel, PDF and JPEG Formats.
 No claim shall be entertained on account of disruption of internet service being used by bidders. Bidders are
advised to upload their bids well in advance to avoid last hour’s technical snags.
 In exceptional circumstances, the competent authority, BREDA may solicit the Bidder’s consent to an
extension of the period of validity.
 Bids that are rejected during the bid opening process shall not be considered for further evaluation,
irrespective of the circumstances.
 The bidders shall submit their eligibility and qualification details, financial bid etc., in the online standard
formats given for respective tenders in e-Procurement website (www.eproc2.bihar.gov.in) at the respective
stage only.
 The bidders shall upload the scanned copies of all the relevant certificates, documents etc., in support of their
eligibility criteria and other certificate /documents in the e-Procurement website.
 The bidder shall sign on the all supporting statements, documents, certificates, uploaded on EPROC 2 by
him, owning responsibility for their correctness /authenticity.
 Corrigendum/ Addendum, if any, will be published on the website itself.
 EOI are to be submitted in hard copy along with required documents at the following address:
Bihar Renewable Energy Development Agency
(A Govt. Agency under Energy Department)
2nd Floor, Vidyut Bhawan, Building No.2, Bailey Road,
Patna – 800021. Bihar, India.
Tel: 0612-2505734 Fax: 0612-2505572 Toll Free No: 18003456204
Website: www.breda.bih.nic.in

Assistant Director,
BREDA, Patna
 DISCLAIMER

1. This EoI is not Transferrable.

2. Though adequate care has been taken while preparing the EoI document (inclusive of Formats and Annexure),
the Bidder shall satisfy themselves that the document is complete in all respects. Intimation of any discrepancy
shall be given to this office immediately. If no intimation is received from prospective Bidder on or before pre-
bid meeting date, it shall be considered that the EoI/ NIT document is complete in all respects and has been
received by the Bidder.
3. BREDA reserves the right to modify, amend or supplement EoI documents including all formats and annexure
at any time before Bid submission date. Interested Bidders are advised to follow and keep track of
www.eproc2.bihar.gov.in web-site for updated information. BREDA is not obligated to send/ communicate
separate notifications for such notices/ amendments/ clarification etc. in the print media or individually.
BREDA shall not be responsible and accountable for any consequences to any party.
4. While this EoI has been prepared in good faith, neither BREDA nor their employees or advisors make any
representation or warranty, expressed or implied, or accept any responsibility or liability, whatsoever, in
respect of any statement or omissions herein, or the accuracy, completeness or reliability of information and
shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness
of this EoI, even if any loss or damage is caused by any act or omission on their part.
5. The capitalized term or any other terms used in this tender document, unless as defined in EoI or repugnant to
the context, shall have the same meaning as assigned to them by the Electricity Act, 2003 or Company Act,
1956/2013, Income Tax Act, and the rules or regulations as per applicable Acts.
 INTERPRETATIONS
1. Words comprising the singular shall include the plural & vice versa

2. An applicable law shall be construed as reference to such applicable law including its amendments or re-
enactments from time to time.

3. A time of day shall save as otherwise provided in any agreement(s) or document(s) be construed as a
reference to Indian Standard Time.

4. Different parts of this contract are to be taken as mutually explanatory and supplementary to each other
and if there is any differentiation between or among the parts of this contract, they shall be interpreted in a
harmonious manner so as to give effect to each part.

5. The table of contents and any headings or sub headings in the contract has been inserted for case of
reference only & shall not affect the interpretation of the agreement to be signed between Manufacturer
and BREDA for compliance on fulfillment of terms & conditions of this EoI.
 SECTION - 1
INSTRUCTIONS TO BIDDERS (ITB)
1.1 Scope of Work
1.1.1 The Scope of work to setting up Manufacturing unit /Assembly Unit/ Plant in the state of Bihar for
any size of Luminary, Battery and Solar PV module but preferably meeting the material requirements of
Mukhyamantri Gramin Solar Street Light Yojana.

1.2 Cost of Bidding

1.2.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and BREDA
shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding
process.

1.3 Clarifications and Amendments

1.3.1 The interested bidders requiring any clarification of the Bidding Documents shall make a request to the
BREDA in writing provided that such request is received not later than Pre-bid date.
1.3.2 At any time prior to the deadline for submission of Bids, BREDA may amend the Bidding Document by
issuing amendment/ addendum/ corrigendum. Any amendment/ addendum/ corrigendum issued shall be
part of the Bidding Document and shall be communicated to all who have obtained the Bidding Document
from the BREDA.
1.3.3 Amendments/ addendum/ corrigendum to Bidding Documents issued by BREDA, if any, must be signed
and submitted along with the Bid and the Bid submitted by the Bidder shall take into account all such
amendments/ addendum/ corrigendum. If acceptance of the terms and conditions given in the Bidding
Documents/ amendment has any price implications, the same shall be included in the price part.
1.4 Language of Bid
1.4.1 The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and
BREDA, shall be written in English language. If the supporting documents and printed literature that are
part of the Bid are in another language, they should be accompanied by an accurate translation of the
relevant passages in English language in which case, for purposes of interpretation of the Bid, such
translation shall govern.

1.5 Bidding Process

1.5.1 Bid Formats
The Bid in response to this EOI shall be submitted by the Bidders in the manner of fulfill after Minimum
Eligibility Criteria. The Bid shall comprise of the following in hard copy:

(A) Envelope- I (Proof of Cost of Bidding Document Fee & Earnest Money Deposit (EMD))
i. Proof of Cost of Bidding Document fee @ Rs. 29,500/- (Including 18% GST) to be paid through
(Internet Payment Gateway (IPG), Challan).
ii. Earnest Money Deposit (EMD)INR 10,00,000/- (Ten Lakh only) to be paid through Internet Payment
Gateway (IPG).

Note: All formats and relevant documents as required in the EOI shall be spiral bind and should
be flagged along with indexing and page number with proper seal & signature on each
page. Details of flag should be mentioned in the covering letter

(B). Envelope- II Techno-Commercial Documents

i. Check List as per prescribed Format- 1.
ii. Covering Letter of bidders as per Format- 2
iii. Original Power of Attorney issued by the bidder in favor of the authorized person for signing the Bid,
in the form attached hereto as Format- 3.
 iv. Details for meeting Manufacturing Capacity criteria of Minimum Eligibility Criteria in the prescribed
Format- 4.
v. Details for meeting Minimum Average Annual Turnover (MAAT) criteria of Minimum Eligibility
Criteria in the prescribed Format- 5.
vi. Undertakings towards not being Black listed on 100/- Rs. Non-Judicial Stamp paper duly notarized as
per Format- 6.
vii. Draft Empanelment Agreement as per Format- 7.
viii. Certificates of incorporation/ Registration of bidders.
ix. Factory License of bidder as per Factory Act 1948
x. Audited Financial Statement for last 3 years (i.e., FY-18-19, 19-20 and 20-21).
xi. Signed and stamped Copy of PAN & GST registration certificate.
xii. Required Technical certificates mentioned in EoI.
xiii. Board resolution for Authorized signatory.
xiv. Signed and stamped Copy of EOI Documents including amendments, clarifications & supporting
documents by Authorized signatory on each page.

1.6 Period of Validity of Bids

1.2.1 Bids shall remain valid for a period of 180 days from the date of opening of Technical Bid. A Bid valid
for a shorter period shall be rejected by the BREDA as non-responsive.
1.2.2 In exceptional circumstances, validity of Bid may be extended on or before the date of expiry on mutual
consent of Bidder and BREDA for another six months. The consent and the responses shall be made in
writing. If a Bidder/ BREDA accepts to extend the validity of Bid, the validity of Earnest Money Deposit
(EMD) shall also be suitably extended. A Bidder may refuse the request to extend the validity of Bid
without forfeiting its Earnest Money Deposit (EMD). A Bidder accepting the request shall not be required
or permitted to modify its Bid.

1.7 Period of Validity of Empanelment

1.2.1 The Empanelment shall remain valid for a period of Two (02) Years from the date of signing of
Agreement to be signed between Successful Bidders and BREDA for compliance on fulfillment of terms
& conditions of this EoI.
1.2.2 In exceptional circumstances, validity of Empanelment Agreement to be signed between Successful
Bidders and BREDA for compliance on fulfillment of terms & conditions of this EoI may be extended
on or before the date of its expiry on mutual consent of Bidder and BREDA, for another One (01) Year.
The consent and the responses shall be made in writing. If a Successful Bidder/ BREDA accepts to extend
the validity of Empanelment Agreement, The Bidder may refuse the request to extend the validity of
agreement to be signed between Successful Bidders and BREDA for compliance on fulfillment of terms
& conditions of this EoI. The Bidder shall not be permitted to modifying the terms & conditions of this
EoI, on account of such extension.

1.8 Earnest Money Deposit (EMD)

1.2.1 The Bidder shall furnish, Earnest Money Deposit (EMD) in a separate sealed envelope-I in the amount
and currency as stipulated in the Invitation for Bid (IFB).
1.2.2 The Earnest Money Deposit (EMD) INR 10,00,000.00 (Ten Lakh only) to be paid through Internet
Payment Gateway (IPG).
1.2.3 Any Bid not accompanied by prescribed Earnest Money Deposit (EMD)shall be rejected by BREDA as
non-responsive.
1.2.4 The Earnest Money Deposit (EMD) of all the unsuccessful Bidders will be returned as promptly as
possible, but not later than thirty (30) days after the expiration of the Bid Validity Period. The Earnest
Money Deposit (EMD) of the Successful Bidder will be returned after signing of empanelment agreement.
1.2.5 The Earnest Money Deposit (EMD) may be forfeited.
(i) If the Bidder withdraws or varies its Bid during the period of Bid validity.
(ii) If the Bidder does not accept the arithmetical correction of its Bid.
 (iii) If the Bidder/its representative commits any fraud while competing for this empanelment.
(iv) In the case of a Successful Bidder, if the Bidder fails to setup factory within time frame and fulfill
the terms & conditions of this EoI.
(v) In the case of a Successful Bidder, if the Bidder fails to furnish the required Registration Fee (Non-
Refundable) within the specified time limit.
(vi) In the case of a Successful Bidder, if the Bidder fails to sign the Empanelment Agreement, to be
signed between Successful Bidders and BREDA for compliance on fulfillment of terms &
conditions of this EoI.
1.2.6 No interest will be paid for Earnest Money Deposit (EMD) by BREDA to the bidder.
1.9 Deviations to Technical Conditions
1.2.1 The Bidder is not permitted to take deviation to any of the Technical Conditions contained in Instructions
to Bidders, Bids Evaluation Procedure and General Conditions of Contract. In case the bidder deviates to
any of the conditions of the aforesaid Sections, its Bid will be considered as non- responsive. Any
deviation whatsoever shall be in line with existing government policy will be consider.

1.10 Signing, Sealing and Submission of Bids

1.2.1 Bid along with required documents with stamp & signed by authorized representative of the bidder must
be uploaded at e-proc2website www.eproc2.bihar.gov.in and must be submitted in hard copy at BREDA
office. However, bid document uploaded on the e-proc2 website www.eproc2.bihar.gov.inwill be
considered for the evaluation process.
1.2.2 In case a specified date for submission of Bid being declared a holiday for BREDA, the Bids will be
received up to the appointed time on the next working day. BREDA shall not consider any Bid that is
received after the deadline for the submission of Bids and the same shall be declared as received late,
rejected and returned unopened to the Bidder.
1.11 Bid Opening & Evaluation
1.2.1 Technical Bid Document Envelope of the Bidders shall be opened at BREDA office, in the presence
of Technical Committee Members and representative of bidders who wish to be present.
1.2.2 The technical bids shall be evaluated & compared by the BREDA which has been determined to
be substantially responsive in line with the requirements mentioned in the EOI.
1.2.3 It should be clearly noted that (Technical Bid).
1.2.4 The bidders whose technical bids are declared as technically qualified shall be informed
accordingly.

1.12 BREDA’s Right to Accept any Bid, and to Reject any or all Bids
1.2.1 BREDA reserves the right to accept or reject any Bid and to annul the Bidding process or reject all Bids
at any time, without thereby incurring any liability to Bidders. In case of annulment, Bid Securities shall
be returned to the Bidders.
1.13 Empanelment of Successful Bidder
1.2.1 BREDA shall Provisionally empanel the Successful Bidder whose qualify the technical bid. and after
setting of manufacturing unit/ Assembling Unit/ Plant within 06 month from the date of notification of
empanelment or start of production in Bihar whichever is earlier. The manufacturer will be empaneled as
manufacturer for supply of such manufactured product.

1.14 Signing of Empanelment Agreement (to be signed between Successful Bidders and BREDA for
compliance on fulfillment of terms & conditions of this EoI)
1.2.1 Within Seven (07) days after intimation by BREDA for the signing of Agreement for empanelment, the
Successful Bidder shall sign with date and stamp the Agreement with BREDA. The Agreement shall be
executed on at least 1000 INR Non- Judicial Stamp Paper purchased in BIHAR.
1.15 Registration Fee (Non- Refundable)
1.2.1 The Successful Bidder has to furnish the Registration Fee (Non- Refundable) prior to signing of
empanelment agreement:
a. INR 5,00,000.00 (Five Lakh) for Solar PV Module.
b. INR 3,00,000.00 (Three Lakh) for Lithium Battery.
c. INR 2,00,000.00 (Two Lakh) for Luminary.
NOTE: -
To be paid through (Demand Draft (DD) in favor of “Bihar Renewable Energy Development Agency" payable
at “Patna”.
 SECTION – 2

BIDS EVALUATION PROCEDURE

2.1 Evaluation of Bids

2.1.1 The BREDA may carry out a detailed evaluation in order to determine whether the technical aspects are
in accordance with the requirements set forth in the Technical Specification aspects are in conformity
with the Bidding Documents. In order to reach such a determination, the BREDA will examine and
compare the technical aspects of the Bids on the basis of the information supplied by the Bidders, taking
into account the following factors:
(a) Overall completeness and compliance with the Technical Specifications, suitability of the
facilities offered in relation to the environmental and climatic conditions prevailing at the site;
and quality, function and operation of any process control concept included in the Bid. The Bid
that does not meet acceptable standards of completeness, consistency and details will be rejected
for non-responsiveness
(b) Any other relevant factors, if any, that the BREDA deems necessary or prudent to take into
consideration.
(c) Compliance with the time schedule as specified in the Bidding Documents.

2.1.2 BREDA will examine the Bids to determine whether they are complete, whether required securities have
been furnished, whether the documents have been properly signed and whether the Bids are generally in
order.
2.1.3 Prior to the detailed evaluation, BREDA will determine whether each Bid is generally complete,
acceptable and is substantially responsive to the Bidding Documents. BREDA's determination of a Bid's
responsiveness is to be based on the contents of the Bid itself without recourse to extrinsic evidence. If a
Bid is not substantially responsive, it will be rejected by BREDA, and may not subsequently be made
responsive by the Bidder by correction of the nonconformity.
2.1.4 BREDA reserves the right to seek clarifications/ information/ document considered necessary during
examination/ evaluation of the Bids submitted and the same shall be furnished by the Bidder within the
date and time specified by BREDA. Any clarification submitted by a Bidder that is not in response to a
request by BREDA shall not be considered. BREDA request for clarification and the response shall be in
writing. If a Bidder does not provide clarifications of its Bid by the date and time set in BREDA’s request
for clarification, its Bid may be rejected.
 SECTION - 3

GENERAL CONDITIONS OF CONTRACT

3.1 Definitions
3.1.1 The following words and expressions shall have the meanings hereby assigned to them:
(a) “Bid” means the Bid or the proposal and the attachments thereto submitted by the Bidder in the form and
manner specified in the Bidding Documents
(b) “Bidder” means a person who submits its Bid in response to the Invitation for Bid (IFB) issued by
BREDA.
(c) "Chartered Accountant" shall mean a person practicing in India or a firm whereof all the partners
practicing in India as a Chartered Accountant(s) within the meaning of the Chartered Accountants Act,
1949;
(d) “Empanelment Agreement” means the Agreement signed between BREDA and Successful Bidders for
compliance on fulfillment of terms & conditions of this EoI.
(e) “Empanelment Agreement Documents” means the documents listed below (including any amendments
thereto):
(i) The Empanelment Agreement between BREDA and the Successful Bidders and the attachments
thereto;
(ii) EoI Document
(iii) Corrigendum to the EoI including any Clarifications issued by the BREDA in response to queries
raised by bidders during Pre-Bid.
(iv) Bid submitted by the Successful Bidder;
If there is an ambiguity or discrepancy or conflict within the Contract Documents, the priority of the
documents shall be in the order in which the Contract Documents are listed above. All documents forming
part of the contract documents are intended to be correlative, complementary and mutually explanatory.
The Contract shall be read as a whole.
(f) “Government” means Government of India and /or Bihar Government and includes its departments,
bodies, agencies, authorities etc.
(g) “NIT” means Notification Inviting Tender.
(h) “Party” means the BREDA or Executing Agency, as the context requires, and “Parties” means all of
them
(i) “Participants” means any Company, Limited Liability Partnership Firm (LLP), Partnership Firm,
Proprietorship Firm.
(j) “Successful Bidder” means whose Bid to perform the empanelment has been accepted by BREDA and
is named as Manufacturer in the Agreement to be signed between Manufacturer and BREDA for
compliance on fulfillment of terms & conditions of this EoI, and includes the legal successors or permitted
assigns of the Executing Agency.
(k) “Written” or “In Writing” means handwritten, typewritten, printed or electronically made, and resulting
in a permanent record

3.2 Amendment
3.2.1 No amendment or other variation of the Contract shall be effective unless it is in writing, is dated,
expressly refers to the Contract, and is signed by a duly authorized representative of each Party hereto.

3.3 Applicable Laws

3.3.1 The Contract shall be governed by and interpreted in accordance with the laws of India and its subsequent
amendment thereof.

3.4 Factory Inspection

3.4.1 After setup of Factory in Bihar, the Manufacturer will raise inspection call for factory inspection with
details and required valid certificates of installed equipment & factory. BREDA or its authorized
 representatives shall inspect the factory to ascertain the production/ manufacturing capacity of the factory.
After successful inspection empanelment agreement will be done.

3.5 Supply of Material

3.5.1 The empaneled manufacturer may supply the manufactured products in Bihar to the executing
agencies working under “Mukhyamantri Gramin Solar Street Light Yojana”.
3.5.2 The empaneled manufacturer shall later be eligible for receiving the preferential procurement
incentives.
3.5.3 The empaneled manufacturer may supply the manufactured product in Bihar for other projects
after taking necessary approval.

3.8 Guarantees
3.8.1 The Manufacturer shall give proper guarantee of the manufactured product in Bihar as per the
best industries practices.

3.9 Termination of Empanelment Agreement

3.9.1 BREDA reserves the right to terminate the Empanelment Agreement. The BREDA shall in such
an event give 15 (fifteen) day notice in writing to the Manufacturer of its decision to do so.

3.10 Arbitration and Jurisdiction

3.10.1 Any dispute between the BREDA and Manufacturer arising out of this empanelment will first be
resolved amicably between the Parties. In such cases where dispute is not resolved between the
Parties, then the Parties may mutually agree to appoint an arbitrator under the provisions of
Arbitration and Conciliation Act, 1996.
3.10.2 Any disputes arising shall be subject to the jurisdiction of the High Court of Patna only.

3.11 Debarred/ Blacklisted

BREDA shall carry out the performance review of manufacturers time to time. Following actions will
result in debarment/ blacklisting as the case may be and registration of such manufacturer shall be
revoked:
a) Non-Performance with regard to quality and supply schedule based on objective criteria.
b) Submission of fake/ forged test certificates/documents
c) Found engaging in corrupt or fraudulent practices.
d) Failure of materials supplied.
e) Non- Submission of required Registration Fee (Non-Refundable)
f) Attempt to bribe a BREDA official.
g) Established misbehavior and threatening officials of the BREDA.
h) Blacklisting by other state, central utilities or other government entities.
i) Black listing shall be for a period ranging from three to six years. Corrupt and fraudulent
practices shall attract harshest punishment.
 Format 1
FORMATS FOR SUBMITTING EOI& CHECK LIST

Sr. Particulars of Information/ Document Format Yes/No. PAGE

No. /Annexure NO.
Number
1 This check list Format 1
2 Covering letter Format 2
3 Letter of Authorization/ Power of Attorney Format 3
4 Average Annual Manufacturing Capacity Format 4
(CA certified)
5 Average Annual Turnover and Net Worth Format 5
(CA certified)
6 Undertaking towards not being Black-Listed Format 6
7 Draft Empanelment Agreement Format 7
Documents to be attached with the bid as annexure in the same order as mentioned below:
1. Business Profile of Bidder (Not more than Annexure 1
one page of A4 size)
2. Certificate of Incorporation / Registration of Annexure 2
Bidder
3 Memorandum and Articles of Association Annexure 3

4. Factory License of bidder as per Factory Act Annexure 4

1948
5. Attested copies of the valid Registration Annexure 5
Certificates of GST & PAN.
6. Attested copies of the valid ISO 9001 Annexure 6
Certificate.
7. Required Test certificates of Solar PV Annexure 7
module with Luminary or Solar PV module
with Lithium Battery mentioned in EoI.
8. Audited Financial Statement for last three (3) Annexure 8
financial years with Income Tax Return (ITR)
to this effect i.e. (2018-19, 2019-20 & 2020-
21).
9. Signed and stamped copy of the Bidding Annexure 9
Document including amendments/
clarifications, if any, issued by the BREDA.
 Format 2

Covering Letter
(On the Bidder’s Letter Head):

From:

(Full name and address of the Bidder)

To:

Director,
Bihar Renewable Energy Development Agency (BREDA),
(A Government Agency under Energy Department),
2nd Floor, “Vidyut Bhawan”,
Building No- II, Baily Road
Patna – 800001 (Bihar)

Sub: Empanelment of Manufacturers of Luminary, Battery and Solar PV module for setting up
manufacturing unit /Assembly Unit/ Plant in the state of Bihar.

EoI No: BREDA/EoI/MFG/MGSSLY/29/2022-23

Sir,

In response to your above referred EoI, we hereby submit our Bid for “Empanelment of Manufacturers of
Luminary, Battery and Solar PV module for setting up manufacturing unit /Assembly Unit/ Plant in the
state of Bihar” in compliance with terms & conditions of the Bidding Documents referred to therein. A copy of
the Bidding Document, duly signed on each page is also submitted as a proof of our acceptance of all specifications
as well as Terms and Conditions therein. We have submitted the documents as per Checklist along with requisite
amount of Bid Security (EMD) in the form of Bank Guarantee (BG) from a Nationalized/Scheduled Commercial
Bank.

Signature_____________________

Seal of Bidder Name _______________________

Designation ____________________

Date ________________________
 Format 3

Letter of Authorization/Board Resolution/ Power of Attorney

To:

Director,
Bihar Renewable Energy Development Agency (BREDA),
(A Government Agency under Energy Department),
2nd Floor, “Vidyut Bhawan”,
Building No- II, Baily Road
Patna – 800001 (Bihar)

EoI No: BREDA/EoI/MFG/MGSSLY/29/2022-23

Sir,

The Letter of Authorization/ Board Resolution/ Power of Attorney to sign the Bid & furnish
information/clarification, data and documents, execution of Agreement/ Contract Agreement/ Any document
related to the bid as requested by BREDA, on behalf of the Bidder is enclosed herewith:

Signature_____________________

Seal of Bidder Name _______________________

Designation ___________________

Date ________________________
 Format 4
(On the Letter Head of the Charted Accountant)

TO WHOM IT MAY CONCERN

It is hereby certified that the result of Manufacturing Capacity of

M/s________________________________________ Registered Office
address________________________________________________________________________ and Factory
Address___________________________________________________________________________________
during last three preceding years i.e. 2018-19, 2019-20 & 2020-21 is stated in the form given below:

Sl. No. Particulars 2018-19 2019-20 2020-21

The above manufacturing capacity has been compiled and verified from relevant records produced to us.

Compiled from the information & explanation given to us.

Chartered Accountant Name _______________________

Chartered Accountant Firm Name___________

Registration Number ________________

UDIN No.__________________________

Date______________________

Signature_____________________

Seal_______________________
 Format 5

(On the Letter Head of the Charted Accountant)

Annual Turnover and Net Worth

A. Average Annual Turnover*

Year Amount in INR

2018-19

2019-20

2020-21

Average Annual Turnover

B. Net Worth (2020-21) @

Chartered Accountant Name _______________________

Chartered Accountant Firm Name___________

Registration Number ________________

UDIN No.__________________________

Date______________________

Signature_____________________

Seal_______________________
 Format 6

UNDERTAKING TOWARDS NOT BEING BLACK-LISTED

(On Rs.100/- Non- Judicial Stamp paper duly Notarized)

I, ___________________________ Authorized Signatory of M/s _______________________ hereby

give undertaking that we, as a company are not black-listed by any Central/ State Government/ Semi-
Government Organization/ Public Sector Undertaking/ Private Institution in
India.
Further, if information furnished above stands false at any stage, we shall be completely liable for actions
taken by BREDA as per terms & conditions of the tender including disqualification and exclusion from
future contracts/assignments.

(Signature of Authorized Signatory)

Name:
Designation:
Seal:
 Format 7

Draft Empanelment Agreement

AGREEMENT

BETWEEN

Bihar Renewable Energy Development Agency “BREDA”

AND

Manufacturer of ________________

M/s _______________

______________________________
______________________________
Agreement No. - Date: -

AGREEMENT
This Agreement is made on this day ___ of _____ month of year 2022, between Bihar Renewable Energy
Development Agency (BREDA), registered under Societies Registration act 1860, having its office at 2nd Floor,
“Vidyut Bhawan-2”, Bailey Road, Patna – 800021 (Bihar) (hereinafter referred to as First Party, whose expression
shall, unless repugnant to the context or meaning thereof, include its successors, administrators and assignees) will
be the FIRST PARTY
AND

M/s _______________ having its registered office at Address: -

________________________________________________ hereinafter called the “Manufacturer” (which term
shall unless excluded or repugnant to the subject or context include its legal representatives, successors and
permitted assignees) will be the SECOND PARTY

WHEREAS, Panchayati Raj Department, Government of Bihar (GoB) vide Letter No- 7531 Dtd- 24-11-2020 &
Memo No- 1882 Dtd- 18-03-2021 as well as resolution as content under Memo No- 5465 Dtd- 17-09-2021 issued
under the signature of Principle Secretary, Panchayati Raj Department, GoB has nominated “Bihar Renewable Energy
Development Agency (BREDA)”, a Govt. agency under Energy Department, Govt. of Bihar as its technical consultant
agency for the project.

WHEREAS the SECOND PARTY agreed to manufacture and supply the _______________________ to be
supplied to the Executing Agency for the Installation & Commissioning along with Five (5) Years CMC
empanelled by FIRST PARTY for the project namely, “Mukhya Mantri Gramin Solar Street Light Yojana”.

1. DEFINITIONS:
a. “Agreement” shall mean this Agreement along with all Annexure.
b. “CMC” shall mean Comprehensive Maintenance Contract.
c. “Executing Agency” shall mean, for the purpose of this agreement, any company who shall be empaneled
by the First Party for the purpose of installation & 5 Years Maintenance Solar Street Light System under the
project Mukhya Mantri Gramin Solar Street Light Yojana.
d. “Effective Date” shall mean the date on which this Agreement is signed by both parties hereto.
e. “Product” shall mean minimum 20-Watt Luminaries. In case of any inevitable change made in the
aforesaid specification in future, the same will be communicated by notification/order issued for such
purpose by the FIRST PARTY, as the case may be.
f. “Project” shall mean “Mukhya Mantri Gramin Solar Street Light Yojana”
g. “State Government” shall mean the Government of Bihar.
h. “Technical Specification” shall mean specification of the product to be allowed under this Agreement, as
declared by FIRST PARTY and the SECOND PARTY shall give certification of product which ensures the
quality of product under said specification.
i. The words “include” and “including” are to be construed without limitation and shall be deemed to be
 followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases;

2. REGISTRATION FEE (NON-REFUNDABLE DEPOSIT)

The SECOND PARTY had deposited Registration Fee to the FIRST PARTY, as Non-Refundable Deposit
amounting to Rs. _____________/- for __________________________ in the form of Demand Draft from
Nationalized Bank/ Commercial Bank, an amount expressed in Indian Rupees in favor of “Bihar Renewable
Energy Development Agency" payable at “Patna”.

3. PERIOD OF AGREEMENT:
This Agreement shall come into force from the effective date and shall be valid for a period of two years thereof.
Performance of the SECOND PARTY shall be reviewed by the FIRST PARTY annually. Extension beyond
two years may be allowed by FIRST PARTY in case such requirement arises. If any performance parameter is
found to be affected by any Force Majeure event, the same shall be consider by the first Party.

4. QUALITY ASSURANCE
4.1 Quality of the product must be complied with the technical specification specified by FIRST PARTY.

4.2 The SECOND PARTY assures to supply the Executing Agency the _________________ which shall be as per
the technical specification specified by the FIRST PARTY.

4.3 The SECOND PARTY will provide certificate to the Executing Agency for quality assurance of the product including
the warranty agreement for 5 years from the date of supply with appropriate product specification, dimension and
Operation & Maintenance (O&M) manual of the product.

5. SUSPENSION OF AGREEMENT:
5.1 Notwithstanding other provisions of this Agreement, if SECOND PARTY does not provide the quality product
as specified by FIRST PARTY under the project, the agreement will remain suspended after a notice to the
SECOND PARTY till the SECOND PARTY provides the quality products as specified by FIRST PARTY
within the period stipulated by FIRST PARTY in this regard. However, the obligations of SECOND PARTY
under this Agreement shall fully remain in force.
5.2 In the event of suspension of such supplies, pursuant to this Clause, the FIRST PARTY shall have the right to
continue the suspension or debar/ blacklist or terminate the Agreement as required.

6. ARBITRATION AND JURISDICTION

6.1 In the event of any dispute or differences between the SECOND PARTY and FIRST PARTY, such dispute or
differences shall be resolved amicably by mutual consultation. If such resolution is not possible, then the
unresolved dispute or difference shall be referred to the sole arbitrator for arbitration as per the Arbitration &
Conciliation Act, 1996 and rules made there under from time to time. The venue of the arbitration proceeding
shall be in Patna, Bihar.
6.2 Any disputes arising shall be subject to the jurisdiction of the High Court of Patna.

7. REVOCATION/ DEBARMENT / BLACKLISTING/ TERMINATION OF AGREEMENT:

 FIRST PARTY shall carry out the performance review of SECOND PARTY time to time. Following actions
will result in revocation /debarment/ blacklisting/ termination of agreement as the case may be and registration
of such SECOND PARTY shall be revoked:
a) Non-adherence and non-compliance of the quality specifications based on objective criteria.
b) Non-supply of products of specified quality within stipulated time to the Executing Agency (as per
timeline defined in the Contract/ Agreement/ Work Order/ Purchase Order signed/ awarded between
Executing Agency and Manufacturer).
c) Non-adherence of guarantee terms of the products.
d) Submission of fake/ forged test certificates/documents
e) Found engaging in corrupt or fraudulent practices.
f) Blacklisting may be for the specified period commensurate with the misconduct.

8. TERMINATION OF AGREEMENT:
This Agreement may be terminated in the manner and subject to the conditions detailed herein below:
8.1 Automatically, in the event of the project is withdrawn or cancelled by the Government of Bihar in
such event the FIRST PARTY shall not in any way liable to pay any compensation or damages or any
amount whatsoever to the SECOND PARTY.
8.2 In case of any discrepancies of product quality is observed.
8.3 Misconduct or misbehavior by SECOND PARTY or their representative at any time.
8.4 By mutual consent of either party by providing prior written notice period (90 days), where any Party
is rendered wholly or partially unable to perform its obligations under thisAgreement because of a
Force Majeure Act, as described in Clause 13 below; and such inability to perform lasts for not less
than a total of 90 days in any continuous period of 180 days, In such event, the termination shall take
effect on expiry of the notice period of 90 days, and the Parties shall be absolved of all rights/ obligations
under this Agreement,save those that had already accrued as on the effective date of termination.
8.5 Termination of this Agreement shall be without prejudice to the accrued rights and obligations of
either Party as at immediately prior to the termination. On termination of the Agreement, State
Government shall be duly informed by the Party terminating the Agreement, of such termination.

9. LOCAL ESTABLISHMENT (To be complied within 06 months from effective date):

9.1 Second Party will provide LOCAL GSTN for billing & supply of the product in this Project.
9.2 Second Party will establish Local Office/ Assembly Unit/ Clearing and Forwarding Agent (CNF)/ Service
Center/ Manufacturing Unit in the state of Bihar within 06 months for supply & replacement and maintain
sufficient stock of the product.

10. MISCELLANEOUS:
10.1 FIRST PARTY, on its own discretion or any complaint received, reserves the right to inspect any
components/products used in installed solar street lights at any time without informing the concerned
SECOND PARTY. Such type of inspection may be carried out by FIRST PARTY or by a Third-Party
inspection agency authorized by either FIRST PARTY or Panchayati Raj Deptt., Govt. of Bihar. If during
 such inspection the performance of the system fails prescribed specifications as provided by system
executing agency then FIRST PARTY will send such assembly/products to designated NABL approved
Labs for ascertaining the cause of such lags in performance/failures on the cost of SECOND PARTY. In
such cases, all associated costs for carrying out such inspections/tests as mentioned above shall be borne
by the concerned SECOND PARTYs.
10.2 The SECOND PARTY will submit all the reports/ certificates/ affidavits and/ or information as requiredby
FIRST PARTY from time to time. Non-submission of the same within prescribed time may result into
suitable action including suspension of supply or termination of Agreement.
10.3 Amendment: This Agreement cannot be amended or modified except by prior written consent of the
Parties. However, if required, supplementary agreement will be executed for any modification.

10.4 Entirety: This Agreement and the Schedules, and such documents attached or referred hereto are
intended by the Parties as the final expression of their Agreement and are intended also as a complete
and exclusive statement of the terms of their Agreement. Allprior written or oral understandings, offers
or other communications of every kind pertaining to the matters contained in this Agreement are
hereby abrogated and withdrawn.
10.5 FIRST PARTY or his representative/s nominated for the purpose shall be authorized to act for and on
behalf of the FIRST PARTY. FIRST PARTY reserve the right to interpret any clause mentioned in this
agreement & FIRST PARTY decision will be final.
10.6 It shall be the responsibility of the Parties to ensure that any change in the address for service or in the
particulars of the designated representative and their offices is notified to the other Party.
10.7 All notices under this Agreement shall be made in writing and shall be in English language only.
Witness-1
(Bihar Renewable Energy Development
Agency)
(FIRST PARTY)
(Authorized Person Name)

(Company Seal)

Witness-2

(Manufacturer)
(SECOND PARTY)

(Authorized Person Name)

(Company Seal)