REQUEST FOR PROPOSAL FOR APPOINTMENT OF RENEWABLE ENERGY

CONSULTANT FOR CARRYING OUT PEER REVEW OF EXISTING DPR,

PREPARATION OF REVISED DETAILED PROJECT REPORT, BID PROCESS
MANAGEMENT, CARBON CREDIT TRADING & PROJECT MANAGEMENT
CONSULTANCY WORK FOR THE PROPOSED SOLAR ENERGY PROJECTS
ALONG THE HINDU HRUDAYSAMRAT BALASAHEB
THACKERAY MAHARASHTRA SAMRUDDHI MAHAMARG

MAHASAMRUDDHI RENEWABLE ENERGY LIMITED

(An SPV of Maharashtra State Road Development Corporation Ltd.)
(GOVERNMENT OF MAHARASHTRA UNDERTAKING)

March 2024
 TABLE OF CONTENTS
Section/ Clause Particulars Page nos.
Appendix no.
I Notice Inviting Tender (NIT) 5
Instructions to Bidder for E-Tendering 6
Disclaimer 10
II Information to Bidders 13
III Instructions to Bidders 17
A General
1. General Terms of Bidding 17
2. Cost of Bidding 18
3. Site visit and verification of information and local 19
conditions and regulatory framework
4 Pre-Bid Conference 20
5. Verification and Disqualification 21
6 Notification 22
7 Disqualification 22
B Documents 22
8 Contents of RFP 22
C Preparation and submission of Bids 24
9 Format and Signing of Bid 24
10 Sealing, Marking and e-tendering of Bids 24
11 Financial Bid 25
12 Bid Due Date 25
13 Late Bids 26
14 Modifications/ Substitution/ Withdrawal of Bids 26
15 Rejection of Bids 26
16 Validity of Bids 27
17 Confidentiality 27
18 Correspondence with the Bidder 27
D Bid Security & Performance Security 27
19 Bid Security 27
20 Performance Security 28
IV Eligibility and Qualification Criteria 30
1. General Eligibility requirement of the bidders 30
2 Technical qualifying criteria 31
3 Financial qualifying criteria 31
4 Joint Venture 32
5 Submission in support of Financial qualifying 33
criteria:
6 Other instructions for submission of documents in 33
support of Eligibility and Qualification criteria
V EVALUATION OF BIDS 35
1. Opening Evaluation and Comparison of Financial 35
Bids
 2 Tests of responsiveness 35
3 Rejection of Bids
4. Evaluation Criteria 36
5 Financial Criteria 37
6 Techno Evaluation Criteria 38
7 Contacts during Bid Evaluation 40
VI Scope of Work 41
VII Deliverables and Payment Schedule 50
1. Deliverables 50
2. Schedule of Deliverables and payments 51
3. Payment and Invoices 52

VIII General Conditions of Contract – Consulting 54

Services
1. Definitions 54
2. Interpretation 55
3. Obligations of the Consultant 56
4 Representations and Warranties of the Consultant 57
5 Inspection and Audit by MREL/MSRDC 58
6 Consultant’s Liability and Indemnity 59
7 Insurance 59
8 Intellectual Property Rights 60
9 Confidential Information 61
10 Corrupt & Fraudulent practices 62
11 Socially Responsible and Environmentally Safe 63
Practice
12 Force Majeure 63
13 Termination and Termination procedure 64
14 Foreclosure 65
15 Relationship of the Parties 65
16 Equipment 65
17 Stamp duty and Registration 66
18 Limitation of Liability 66
19 Dispute Settlement 66
20 Applicable Law 66
21 Liquidated Damages 66
22 Risk Purchase 67
23 Mode of Execution 67
24 Units & Standards / Codes / Regulation 67
25 Program of Work 67
26 Taxes and Duties 67
27 Labour Engagement 68
28 Miscellaneous 68
VIII Formats
Appendix I Technical Bid-Covering Letter 71
Form 1 Particulars of Bidder 75
Form 2 Financial Capacity of Bidder 76
 Form 3 Particulars of Key Personnel 78
Form 4 Experience of Bidder 79
Form 5 Eligible Assignments of Bidder 80
Form 6 Curriculum Vitae of Key Personnel 81
Form 7 Details of Qualified Technical Staff (proposed to 82
be associated for project) along with Curriculum
Vitae
Appendix II Draft Agreement 83
Appendix Power of Attorney for signing the bid 86
III
Appendix Financial Proposal - Covering Letter 90
IV
Appendix V Format for Joint Bidding Agreement for Joint 91
Venture
Appendix Format for Power of Attorney for Lead Member 95
VI of Joint Venture
Appendix Format of Bank Guarantee for Bid Security 98
VII
Appendix Format of Bank Guarantee for Performance 100
VIII Security
 SECTION - I

NOTICE INVITING TENDER (NIT)

“Request for Proposal for Appointment of Renewable Energy Consultant for carrying out
Feasibility study, preparation of Revised Detailed Project Report, Bid Process
Management, Carbon Credit Trading & Project Management Consultancy work for the
proposed Solar Energy Projects along the Hindu Hrudaysamrat Balasaheb Thackeray
Maharashtra Samruddhi Mahamarg (HHBTMSM or Samruddhi Mahamarg)”

1.1 Maharashtra State Road Development Corporation (MSRDC) through its Special Purpose
Vehicle Mahasamruddhi Renewable Energy Ltd invites interested parties to participate in
this Request for Proposal (this “RFP or the “Tender Document” or the “Tender”) for
Appointment of Renewable Energy Consultant for Feasibility study, Detailed Project
Report, Bid Process Management, Carbon Credit Trading & Project Management
Consultancy work for the proposed Solar Energy Projects along the Hindu
Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg “Project”).

1.2 A two envelop bidding process will be undertaken for selection of a Consultant,
i.e. technical and financial bid.

1.3 It may be noted that bidding shall be through E-procurement and bids shall be submitted
only through E-tendering portal. In this regard, please refer to “Instructions to Bidder for e-
tendering” more specifically mentioned in this RFP document.

1.4 The complete RFP document may be viewed/ downloaded from e-tendering portal
[Link] Please note that the MREL/MSRDC reserves the right to accept
or reject all or any of the bids without assigning any reason whatsoever.
 INSTRUCTIONS TO BIDDER FOR e-TENDERING

TENDERING PROCEDURE:-
1.1 Blank Tender Forms
Tender Forms can be seen, downloaded from the e-Tendering Portal
[Link]
1.1.1 The tender must be prepared & submitted online on e-Tendering Portal by the
bidder, based on the clarification, additional facility offered (if any) by the
Department, and this tender shall be unconditional. Conditional tenders shall be
summarily REJECTED.

For further information related to how to participate in e-Tendering, please read

“1.2: Guidelines to Bidders on the operations of Electronic Tendering System of
Maharashtra State Road Development Corporation” carefully.

1.1.2 All bidders are cautioned that tenders containing any deviation from the RFP terms
and conditions, specifications or other requirements and conditional tenders will be
treated as non-responsive. The bidders should clearly mention in forwarding letter
that its/their bid does not contain any conditions, deviations from terms and
conditions stipulated in the tender.

1.1.3. For any assistance, clarification related to Tender, please contact Executive
Engineer, MREL/MSRDC, Bandra, Mumbai. E-mail: - cgmenv@[Link]

1.1.4 For any assistance on the use of Electronic Tendering System, the Users may call
the below numbers:
Landline No. – 0120 - 4200462, 0120 - 4001002, 0120 – 6277787.
Email : support-eproc@[Link]; ksthakur@[Link]
1.2 Guidelines to Bidders on the operations of Electronic Tendering System are
available on [Link]

A. Pre-requisites to participate in the Tenders processed by MREL/MSRDC:

1. Enrolment and Empanelment of contractors /consultants on Electronic Tendering
System:
The contractors/consultants interested in participating in the Tenders of
MREL/MSRDC using the Electronic Tendering System shall be required to enroll on the
Electronic Tendering System to create User ID and password.

After submission of application for enrolment on the System, the application information
shall be verified by the Authorized Representative of the Service Provider. If the
information is found to be complete, the enrolment submitted by the Vendor shall be
approved.

The Bidders may obtain the necessary information on the process of enrolment and
empanelment either from Helpdesk Support Team or may visit the information published
under the link Enroll under the section E-Tendering Bidders Manual Kit for Bidders on
the Home Page of the Electronic Tendering System.
2. Obtaining a Digital Certificate:
The Bid Data that is prepared online is required to be encrypted and the Bid Data is
required to be signed electronically using a Digital Certificate (Class – II or Class – III).
This is required to maintain the security of the Bid Data and also to establish the identity
of the Contractor / Consultants transacting on the System.

The Digital Certificates are issued by an approved Certifying Agency authorized by the
Controller of Certifying Authorities of Government of India through their Authorized
Representatives upon receipt of documents required to obtain a Digital Certificate.

Bid data / information for a particular Tender may be submitted only using the Digital
Certificate encryption which is used to encrypt the data / information and signing which
is used to sign the data / information Submission stage. In case during the process of
preparing and submitting a Bid for a particular Tender, the Contractor/Consultants loses
his/her Digital Signature Certificate (i.e. due to virus attack, hardware problem, operating
system problem); he / she may not be able to submit the Bid online. Hence, the Users are
advised to store his / her Digital Certificate securely and if possible, keep a backup at safe
place under adequate security to be used in case of need.

In case of online tendering, if the Digital Certificate issued to an Authorized User of a

Partnership Firm is used for signing and submitting a bid, it will be considered equivalent
to a no objection certificate / power of attorney to that User to submit the bid on behalf of
the Partnership Firm. The Partnership Firm has to authorize a specific individual via an
authorization certificate signed by a partner of the firm (and in case the applicant is a
partner, another partner in the same form is required to authorize) to use the digital
certificate as per Indian Information Technology Act, 2000.

Unless the Digital Certificate is revoked, it will be assumed to represent adequate

Authority of the Authority User to bid on behalf of the Firm for the Tenders processed on
the Electronic Tender Management System of Government of Maharashtra as per
Information Technology Act, 2000. The Digital Signature of this Authorized User will be
binding on the Firm. It shall be the responsibility of Partners of the Firm to inform the
Certifying Authority or Sub Certifying Authority, if the Authorized User changes, and
apply for a fresh Digital Signature Certificate. The procedure for application of a Digital
Signature Certificate will remain the same for the new Authorised User.

The same procedure holds true for the Authorized Users in a Private / Public Limited
Company. In this case, the Authorisation Certificate will have to be signed by the
Director of the Company or the Reporting Authority of the Applicant.

For information on the process of application for obtaining Digital Certificate, the bidders
may visit the section Digital Certificate on the Home Page of the Electronic Tendering
System.

3. Recommended Hardware and Internet Connectivity:

To operate on the Electronic Tendering System, the Bidders are recommended to use
Computer System with at least 1 GB of RAM and broadband connectivity with minimum
512 kbps bandwidth.
 4. Set up of Computer System for executing the operations on the Electronic
Tendering System:
To operate on the Electronic Tendering System of Government of Maharashtra, the
Computer System of the Bidder is required be set up as per the instructions on the e-
tendering website. The Bidders are required to install JRE 7 and above version and DSC
Drivers.

B. Steps to be followed by Contractors/consultants to participate in the e-Tenders

processed by MREL/MSRDC
1. Preparation of online Briefcase:
All Bidders enrolled on the Electronic Tendering System of Government of Maharashtra
are provided with dedicated briefcase facility to store documents / files in digital format.
The Bidders can use the online briefcase to store their scanned copies of frequently used
documents / files to be submitted as a part of their bid response. The Bidders are advised
to store the relevant documents in the briefcase before starting the Bid Submission stage.

In case, the Bidders have multiple documents under the same type (e.g. multiple Work
Completion Certificates) as mentioned above, the Bidders advised to either create a single
pdf file of all the documents of same type or compress the documents in a single
compressed file in .rar formats and upload the same.

It is mandatory to upload the documents using the briefcase facility. Therefore, the
Bidders are advised to keep the documents ready in the briefcase to ensure timely bid
preparation.

Note: Uploading of documents in the briefcase does not mean that the documents are
available to MREL/MSRDC at the time of Tender Opening stage unless the documents
are specifically attached to the bid during the online Bid Submission stage.

2. Online viewing of Detailed Notice Inviting Tenders:

The Bidders can view the Detailed Tender Notice along with the Time Schedule (Key
Dates) for all the Live Tenders released by MSRDC/MREL on the home page of
MSRDC e- Tendering Portal on [Link] under the section Recent
Online Tender.

3. Download of Tender Documents:

The RFP Documents are available on [Link] for free downloading.

4. Online Bid Preparation and Submission of Bid Hash (Seal) of Bids:

Submission of Bids will be preceded by online bid preparation and submission of the
digitally signed Bid (Seals) within the Tender Time Schedule (Key Dates) published in
the Detailed Notice Inviting Tender and Corrigenda / Addenda if any. The Bid Data is to
be prepared in the formats along with necessary fees through online payment gateway as
stipulated in the RFP document, provided by the Tendering Authority of
MREL/MSRDC.

In the uploadable document type of formats, the Bidders are required to select the
relevant .rar document already uploaded in the briefcase.
 Bidders are required to quote their rates in Online Form given (if any- for RFP stage) in
e-Tender. If Rates are quoted anywhere else other than online form entire bid is liable for
Rejection.

NOTE: -
a. The Bidders upload a single .rar folder document against each up loadable option.
b. The bidder should fill up online form with appropriate data & encrypt the same
using public key of Bidder’s DSC to save.

In case, bidder wish to update or modify data filled in Online Form, bidders are
required to Decrypt the data using Private Key of Bidder’s DSC. After decryption,
e-Tendering system shall allow bidder to update or modify data filled in an online
form. It is must for bidder to Encrypt & Save updated & modified data to update
Online Form. If Bidder failed to save data in an online form after updating or
modification, Sole responsibility will be on Bidder. In such instances, e-
Tendering system will consider earlier saved data in an Online Form.

c. The bid values are digitally signed using valid Class – II or Class – III Digital
Certificate issued by any Certifying Authority. The Bidders are required to obtain
Digital Certificate in advance.

5. Close for Bidding:

After the expiry of the cut – off time of Bid Submission stage to be completed by the
Bidders has lapsed, the Tender will be closed by the Tender Authority.

6. Tender Schedule (Key Dates):

The bidders are strictly advised to follow the Dates and Times allocated to each stage
under as indicated in the Time Schedule in the Detailed Tender Notice for the Tender. All
the online activities are time tracked and the Electronic Tendering System enforces time-
locks that ensure that no activity or transaction can take place outside the Start and End
Dates and Time of the stage as defined in the Tender Schedule. At the sole discretion of
the Tender Authority, the time schedule of the Tender stages may be extended.
 DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form by or
on behalf of the Mahasamruddhi Renewable Energy Limited (hereinafter referred to as
“MREL or the Authority”) or any of its employees or advisors, is provided to Bidder(s) on the
terms and conditions set out in this RFP and such other terms and conditions subject to which
such information is provided.

This RFP is not an Agreement and is neither an offer nor invitation by the Authority to
the prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions, assessments
and statements do not purport to contain all the information that each Bidder may require. This
RFP may not be appropriate for all persons, and it is not possible for the Authority, its employees
or advisors to consider the investment objectives, financial situation and particular needs of each
party who reads or uses this RFP. The assumptions, assessments, statements and information
contained in the Bidding Documents, may not be complete, accurate, adequate or correct. Each
Bidder should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments,
statements and information contained in this RFP and obtain independent advice from
appropriate sources

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way for participation in
this BID Stage.

The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained
in this RFP. The Authority may in its absolute discretion, but without being under any obligation
to do so, update, amend or supplement the information, assessment or assumptions contained in
this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder for the Project and the Authority reserves the right to reject all or
any of the Bidders or BIDs without assigning any reason whatsoever.
 MREL also accepts no liability of any nature whether resulting from negligence or
otherwise, any cost arising from reliance upon the statements contained in this RFP.

The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its BID. All such costs and
expenses will remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the BID, regardless of the conduct or outcome of the Bidding
Process.

The issue of this RFP does not imply that MREL is bound to select a Bidder or to appoint
the Successful Bidder, for the Project and MREL reserves the right to reject all or any of the Bids
or Bid without assigning any reason whatsoever.

Place: Mumbai Date:

 SECTION II
Information to Bidders
1. Introduction:
1.1 About MREL/MSRDC

Maharashtra State Road Development Corporation Ltd. is a corporation

established and fully owned by the Government of Maharashtra through a
resolution on 9th July, 1996 and has been incorporated as a limited company
under the Companies Act 1956 on 2nd August 1996. MSRDC mainly deals with
the properties and assets comprising movables and immovable including land,
road projects, flyover projects, toll collection rights and works under construction
which vested with the State Government and were under the control of the Public
Works Department. These have been subsequently transferred to MSRDC.

MSRDC has a distinguished track record in spearheading landmark infrastructure

projects in Maharashtra, including the Mumbai–Pune Expressway and the Bandra
Worli Sea Link. Aligned with this legacy, MSRDC has successfully planned and
executed the Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg, a thread weaving Maharashtra's destiny, covering 701 km between
Nagpur and Mumbai.

Maharashtra State Road Development Corporation (MSRDC) through its Special

Purpose Vehicle, Mahasamruddhi Renewable Energy Limited (hereinafter referred to as
the MREL or the Authority), envisages the execution of Green Energy by way of
implementing Solar PV Power Plants at interchanges along the Hindu Hrudaysamrat
Balasaheb Thackeray Maharashtra Samruddhi Mahamarg (HHBTMSM). This would not
only be a leap towards the use of Green Energy for MREL/MSRDC but also be means of
self-reliant and Economical Energy which would capitalize the abundance of Solar
Energy.

The State of Maharashtra is endowed with a vast potential of renewable energy.

MREL/MSRDC is taking all necessary steps to exploit the renewable energy
resources for the maximum benefit and support GoI in reaching target of Net Zero by
2070. MREL/MSRDC is therefore planning to develop Wind/Solar/Hybrid Projects along
the HHBTMSM in the State of Maharashtra In this context, MREL/MSRDC is desirous
of engaging Firm for carrying out Feasibility study, Preparation of Detailed Project
Report, Bid Process Management, Carbon Credit Trading and Project Management
Consultancy Service of Wind/Solar/Hybrid Projects along with Hindu Hrudaysamrat
Balasaheb Thackeray Maharashtra Samruddhi Mahamarg in the State of Maharashtra.

The Selected Bidder (the “Consultant”) shall be responsible for carrying out peer review
of Detailed Project Report(DPR) available with the Authority, preparation of revised
Detailed Project Report(DPR) taking into consideration changes in technology landscape,
commercial and national/state level policies, carrying out bid process management for
appointment of EPC contractors for the solar power projects to be executed on the basis
of the revised DPR prepared by the Consultant, carbon credit trading & Project
Management Consultancy(PMC) work for the proposed solar energy projects along the
Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg under and in accordance with the terms and conditions set out herein.
1.2 The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner, the scope of services and
obligations of the Consultant set forth in the Agreement or the Authority’s rights to
amend, alter, change, supplement or clarify the scope of work, the work to be awarded
pursuant to this RFP or the terms thereof or herein contained. Consequently, any
omissions, conflicts or contradictions in the Bidding Documents including this RFP are to
be noted, interpreted and applied appropriately to give effect to this intent, and no claims
on that account shall be entertained by the Authority

1.3 The Authority shall receive Bids pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents provided by the Authority pursuant to this RFP
(collectively the "Bidding Documents"), and all Bids shall be prepared and submitted in
accordance with such terms on or before the bid due date for submission of Bids (the
“Bid Due Date”).

1.4 MREL/MSRDC reserves the right to cancel/withdraw this tender process without
assigning any reason and shall bear no liability whatsoever consequent upon such a
decision.

1.5 Brief description of Bidding Process

1.5.1 The Authority has adopted a two-envelope bidding process for selection of the Consultant
for award of the work. The first envelop (the "technical qualification stage") of the
process involves qualification of the bidder on the basis of the technical qualification
criteria in accordance with the provisions of this RFP. At the end of the technical
Qualification Stage, the technically qualified bidders will be eligible for the second stage
i.e. opening of financial bids.

1.5.2 Bidders are advised that the selection of Agency shall be on the Quality cum Cost Basis
Selection (80:20 weightage) basis by the Authority. The details of the Selection Process
are specified in this RFP. Bidders shall be deemed to have understood and agreed that no
explanation or justification for any aspect of the Selection Process shall be given and that
the Authority’s decisions are without any right of appeal whatsoever.

1.5.3 Proposals shall be evaluated on Quality cum Cost Basis Selection i.e. 80% weightage to
Technical Proposal on Quality Based Selection and 20% weightage to Financial bid.
MREL/MSRDC shall evaluate the financial bid of those firms who shall be declared
technically qualified by qualifying marks of not less than 70 as enumerated in Evaluation
Table. The Quality and Cost basis Selection (hereinafter called QCBS) Method shall be
followed for selection of the bidder.

1.5.4 The Bidding Documents include the draft Agreement which is enclosed herein as
Appendix II. The aforesaid documents and any addenda, corrigendum, errata, Common
Set of Deviations (CSD), Common Set of Clarifications (CSC) issued subsequent to this
RFP Document, will be deemed to form part of the Bidding Documents.

1.5.5 Bidders are required to deposit, along with its Bid, a bid security of Rs. 3,00,000/-
 (Rupees Three Lakh only) (the "Bid Security") in the form of Bank Guarantee drawn
in favour of Mahasamruddhi Renewable Energy Ltd. payable at Mumbai in accordance
with the provisions of this RFP. The bid security shall carry no interest. The Bid
Security shall be refundable not later than 120 (One Hundred and Twenty) days from the
Bid Due Date, except in the case of the Selected Bidder whose Bid Security shall be
retained till it has provided a Performance Security under the Agreement. The Bid shall
be summarily rejected if it is not accompanied by the Bid Security.

1.5.6 During the Bid Stage, Bidders are advised to examine the work in greater detail, and to
carry out, at their cost, such studies as may be required for submitting their respective
Bids for award of the contract including implementation of the Project.

1.5.7 The total time allowed for completion of works under the Agreement (the “Consultancy
Period”) shall 12 months for Peer review, revised DPR, bid process Management and 7
years from the award of contract to the EPC contractor, for Project Management
Consultancy. .

1.5.8 Further, other details of the process to be followed at the Bid Stage and the terms thereof
are spelt out in this RFP.

1.5.9 Any queries or request for additional information concerning this RFP shall be submitted
by e-mail to the officer designated in Clause 10.2 Section III below with identification/
title: "Queries / Request for Additional Information: RFP for Appointment of Renewable
Energy Consultant for Feasibility Study, Detailed Project Report, Bid Process
Management, Carbon Credit Trading & Project Management Consultancy work for the
proposed solar energy projects along the Hindu Hrudaysamrat Balasaheb
Thackeray Maharashtra Samruddhi Mahamarg”.
Bidder shall submit all pre-bid queries in the following format in Excel only with the
subject capturing the name of the RFP.

Sr. RFP Volume, Original Content in the

Clarification sought
No. Section RFP

1.6 Schedule of Bidding Process

Sr.
Event Description Date
No.
1. Issue of Request for Proposal 11.03.2024 at 1100 Hrs IST
2. Last date of sale of RFP Document 10.04.2024 at 1100 Hrs IST
3. Bid Due Date 10.04.2024 at 1100 Hrs IST
4. Opening of Technical Bids 11.04.2024 at 1500 Hrs IST
5. Pre bid meeting 27.03.2024 at 1200 Hrs IST
5. Letter of Acceptance (LOA) Within 30 days of Bid Due
Date
Sr.
Event Description Date
No.
6. Validity of Bid 180 days of Bid Due Date
7 Submission of Performance Security Within 15 days from issue of
(PS) and Additional Performance Letter of Acceptance
Security (APS), if any
8. Signing of Agreement Within 30 days from issue of
Letter of Acceptance
 SECTION-III
INSTRUCTIONS TO BIDDERS
A. GENERAL
1. General terms of Bidding
1.1. No Bidder shall submit more than one Bid. A Bidder bidding individually or as a member
of a Joint Venture shall not be entitled to submit another bid either individually or as a
member of any Joint Venture, as the case may be.

1.2. Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided, however, that any
conditions or obligations imposed on the Bidder hereunder shall continue to have effect in
addition to its obligations under the Agreement. Further, the statements and explanations
contained in this RFP are intended to provide a better understanding to the Bidder about
the subject matter of this RFP and should not be construed or interpreted as limiting in any
way or manner the scope of services and obligations of the Contractor set forth in the
Agreement or the Authority’s rights to amend, alter, change, supplement or clarify the
scope of work, the work to be awarded pursuant to this RFP or the terms thereof or herein
contained. Consequently, any omissions, conflicts or contradictions in the Bidding
Documents including this RFP are to be noted, interpreted and applied appropriately to
give effect to this intent, and no claims on that account shall be entertained by the
Authority.

1.3. The financial Bid shall be submitted in the format exactly as per Appendix IV signed by
the Bidder’s authorized signatory. In the event of any difference between figures and
words, the amount indicated in words shall be taken into account.

1.4. The Bidder shall deposit a Bid Security of Rs. 3,00,000/- (Rupees Three Lakh only) in
the form of bank guarantee drawn in favour of Mahasamruddhi Renewable Energy Ltd.
payable at Mumbai. The Bank Guarantee shall be valid during the entire bid validity period
and thereafter it shall be valid for a further period of 120 days. The bidders shall also
submit copy of online receipt towards payment of cost of Bid document of Rs. 25,000/-
(Rupees Twenty Five Thousand only) + GST and tender processing fee of Rs. 25,000/-
(Rupees Twenty Five Thousand Only) + GST if applicable through SBI payment
gateway which can be accessed through [Link]

1.5. The Bid shall be summarily rejected if it is not accompanied by the Bid Security. The Bid
Security shall be refundable no later than 180 (One Hundred and Twenty) days from the
Bid Due Date except in the case of the Selected Bidder whose Bid Security shall be
retained till it has provided a Performance Security.

1.6. The Bidder shall submit a Power of Attorney as per the format at Appendix-III, authorizing
the signatory of the Bid to commit on behalf of the Bidder (Freshly Executed).

1.7. In case the Bidder is a Joint Venture, the members thereof shall furnish a Power of
Attorney in favour of the Lead Member in the format at Appendix-VI (Newly Executed).

1.8. In case the Bidder is a Joint Venture, the members thereof shall furnish a Joint Bidding
Agreement in the format at Appendix-V (Newly Executed).
1.9. Non-compliance with any condition or qualification or any other stipulation mentioned in
the Bid shall render the Bid liable for rejection as non-responsive Bid.

1.10. The Bid and all communications in relation to or concerning the Bidding Documents and
the Bid shall be in English language.

1.11. The documents including this RFP and all attached documents, provided by the Authority
are and shall remain to be the property of the Authority and are transmitted to the Bidders
solely for the purpose of preparation and the submission of its Bids in accordance herewith.
Bidders are to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Bid. The provisions of this
Clause 1.11 shall also apply mutatis mutandis to Bids and all other documents submitted
by the Bidders, and the Authority will not return to the Bidders any Bid, document or any
information provided along therewith.

1.12. This RFP is not transferable.

1.13. Bidder/any member of a JV who has/have been terminated/blacklisted by MSRDC or any

of its subsidiary for non-performance/breach of contract, such bidder/JV shall not be
entitled to participate in this tender process and if a bid is submitted the same will not be
processed further and will be out rightly rejected by MREL/MSRDC without assigning any
reason.

1.14. Bidder /any member of a JV who has/have been debarred/blacklisted/defaulted by any

Government department/agency, Public Sector Undertaking (PSU), institution/
autonomous organizations in the past, such bidder/JV shall not be entitled to participate
in this tender process and if a bid is submitted the same will not be processed
further and will be out rightly rejected by MREL/MSRDC without assigning any
reason.

1.15. The Bidder/all members of JV shall provide details of all their on-going projects along with
updated stage of litigation, if so, against the Authority / Governments along with the
technical bid.

1.16. The Bidder/ all members of JV may also provide details of updated on-going process of
blacklisting if so, under any contract with Authority / Government.

1.17. The Authority reserves the right to reject an otherwise eligible bidder on the basis of the
information provided under clause 1.13, 1.14 and 1.15. The decision of the Authority in
this case shall be final.

1.18. The Bidder must apply its own care and conduct its own investigation and analysis
regarding any information contained in the RFP document and the meaning and impact of
that information.

1.19. Each Bidder acknowledges and accepts that the MREL/MSRDC may, in its sole and
absolute discretion, apply whatever criteria it deems appropriate in the selection of
Consultant, not limited to those selection criteria set out in this RFP document. The
 issuance of RFP document is merely an invitation to offer responses to this RFP and must
not be construed as any agreement or contract or arrangement nor would it construe as any
investigation or review carried out by a Bidder. The Bidder unconditionally acknowledges
by submitting its response to this RFP document that it has not relied on any idea,
information, statement, representation, or warranty given in this RFP document.

1.20. A Bidder will, by responding to the MREL’s/MSRDC’s RFP document, be deemed to have
accepted the terms as stated in this RFP document.

1.21. Change of composition of Joint Venture – No change of composition of the Joint venture
will be allowed during the entire period of contract.

1.22. Change of ownership – No change of ownership will be allowed during the entire period of
contract.

2. Cost of Bidding
The Bidders shall be responsible for all of the costs associated with the preparation of their
Bids including cost of site visits, surveys etc., and their participation in the Bidding
Process. The Authority will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the Bidding Process.

3. Site visit and verification of information and local conditions and regulatory
framework

3.1 Bidders are encouraged to submit their respective Bids after visiting the Project site and
ascertaining for themselves the site conditions, location, surroundings, climate, availability
of power, water & other utilities, access to site, weather data, applicable laws and
regulations, and any other matter considered relevant by them.
3.2 The volume and quantity of work indicated in schedule of works may vary. The Bidders
are advised to inspect the site of work and its environments and be well acquainted with the
actual working and other prevailing conditions, position of material and labour. The Bidder
should be specially note that it is Bidder responsibility to provide any items which is not
specifically mentioned in the specifications and scope, but which is necessary to complete
the work and Bidder shall make his own arrangements for the transport of personnel and
equipment to the site and for the stay and boarding facilities of their team during the work.
No extra claim will be entertained at post bidding stage.
3.3 It shall be imperative for each Bidder to fully inform itself of all local conditions, laws and
factors which may have any effect on the execution of the Contract as described in the
Bidding Documents. The Authority shall not entertain any request for clarification from the
Bidder regarding such local conditions.
3.4 It is the responsibility of the Bidder that such factors have properly been investigated and
considered while submitting the Bid proposals and that no claim whatsoever including
those for financial adjustment to the Contract awarded under the RFP document shall be
entertained by the Authority and that neither any change in the time schedule of the
Contract nor any financial adjustments arising thereof shall be permitted by the Authority.
3.5 It shall be deemed that by submitting a Bid, the Bidder has:
(a) made a complete and careful examination of the Bidding Documents;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided in the
 Bidding Documents or furnished by or on behalf of the Authority relating to any of
the matters referred to in Clause 3.1 to 3.3 above. No claim shall be admissible at
any stage on this account.
(d) satisfied itself about all matters, things and information including matters referred to
in Clause 3.1 to 3.3 hereinabove necessary and required for submitting an informed
Bid, execution of the Project in accordance with the Bidding Documents and
performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters
referred to in Clause 3.1 to 3.3 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the Agreement by the
Consultant;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms hereof.

3.6 The Authority shall not be liable for any omission, mistake or error in respect of any of the
above or on account of any matter or thing arising out of or concerning or relating to RFP,
the Bidding Documents or the Bidding Process, including any error or mistake therein or in
any information or data given by the Authority.

4. Pre-Bid Conference
4.1 Pre-bid conference of the Bidders will be convened at the designated date, time
and place. A maximum of two representatives of prospective Bidders shall be allowed to
participate on production of authority letter from the Bidder.

4.2 The Bidders shall submit their queries on or before 1100 hrs on 26.03.2024 via email on
cgmenv@[Link] and eamsrdc@[Link] .

4.3 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The Authority
shall endeavor to provide clarifications and such further information as it may, in its sole
discretion, consider appropriate for facilitating a fair, transparent and competitive
Bidding Process.

5. Verification and Disqualification

5.1. The Authority reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP or the Bidding Documents and the Bidder
shall, when so required by the Authority, make available all such information, evidence
and documents as may be necessary for such verification. Any such verification, or lack of
such verification, by the Authority shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of the Authority thereunder.

5.2. The Authority reserves the right to reject any Bid and forfeit the Bid Security if:
a) at any time, a material misrepresentation is made or uncovered, or
b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid.

Such misrepresentation/ improper/ incomplete response shall lead to the disqualification

 of the Bidder/rejection of bid. If such disqualification/ rejection occurs after the Bids
have been opened and the lowest Bidder gets disqualified/ rejected, then the Authority
reserves the right to annual the Bidding Process and invite fresh bids.

5.3. In case it is found during the evaluation or at any time before signing of the Agreement or
after its execution, that one or more of the qualification criteria have not been met by the
Bidder, or the Bidder has made material misrepresentation or has given any materially
incorrect or false information, the Bidder shall be disqualified forthwith if not yet
appointed as the consultant either by issue of the LOA or entering into of the Agreement,
and if the Selected Bidder has already been issued the LOA or has entered into the
Agreement, as the case may be, the same shall, notwithstanding anything to the contrary
contained therein or in this RFP, be liable to be terminated, by a communication in writing
by the Authority to the Selected Bidder or the Consultant, as the case may be, without the
Authority being liable in any manner whatsoever to the Selected Bidder or the Consultant.
In such an event, the Authority shall be entitled to forfeit and appropriate the Bid Security
or Performance Security, if any, as the case may be, as damages, without prejudice to any
other right or remedy that may be available to the Authority under the Bidding Documents
and/ or the Agreement, or otherwise.

6. Notification - The MREL/MSRDC will notify all the Bidders through online notification
post completion of the RFP Evaluation on the outcome of the process. The
MREL/MSRDC is not obliged to provide any reasons for any such acceptance or rejection.

7. Disqualification - Any form of canvassing/lobbying/influence will result in

disqualification of the Bidder at the sole discretion of the MREL/MSRDC.

B. DOCUMENTS

8. Contents of the RFP

8.1. This RFP comprises the Disclaimer set-forth hereinabove, the contents as listed below, and
will additionally include any Addenda, Common set of Deviation, Common Set of
Clarification, Errata, etc issued in accordance with clause 4 above.
Section I General
Section II Information to Bidders
Section III Instructions to Bidders
Section IV Eligibility and Qualification Criteria
Section V Evaluation of Bids
Section VI Scope of Work
Section VII Delivery and Payment Schedule
Section VIII General Conditions of Contract – Consulting Services
Section VIII Formats
Appendix I Technical bid - Covering Letter
Appendix II Draft Agreement
Appendix III Power of Attorney for signing the bid
Appendix IV Financial Proposal Covering Letter
Appendix V Format for Joint Bidding Agreement for Joint Venture
Appendix VI Format for Power of Attorney for Lead Member of Joint
Venture
Appendix VII Format of Bank Guarantee for Bid Security
 Appendix VIII Format of Bank Guarantee for Performance Security

The draft Agreement provided by the Authority as part of the Bid Documents shall be
deemed to be part of this RFP.

8.2. Clarifications
8.2.1 Bidders requiring any clarification on the RFP may notify the Authority in writing or by
e-mail in accordance with Clause 4 of Section III. The queries must be sent on or before
the date mentioned in the Schedule of Bidding Process specified in Clause 1.6 Section II.
The Authority shall endeavour to respond to the queries within the period specified
therein, but no later than 15 (fifteen) days prior to the Bid Due Date. The responses will
be uploaded/published on the e-procurement portal.

8.2.2 The Authority shall endeavour to respond to the questions raised or clarifications sought
by the Bidders. However, the Authority reserves the right not to respond to any question
or provide any clarification, in its sole discretion, and nothing in this Clause shall be
taken or read as compelling or requiring the Authority to respond to any question or to
provide any clarification nor shall it be treated as adverse inference.

8.2.3 The Authority may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Bidders. All clarifications and interpretations issued by the Authority
shall be deemed to be part of the Bidding Documents. Verbal clarifications and
information given by Authority or its employees or representatives shall not in any way
or manner be binding on the Authority.

8.3. Amendment of RFP

8.3.1. At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its
own initiative or in response to clarifications requested by a Bidder, modify the RFP by
the issuance of Addenda, common set of deviation, common set of clarifications, errata,
etc.

8.3.2. Any Addendum, CSD, CSC, errata, etc issued hereunder will be in writing and will be
uploaded/published on the e-procurement portal.
8.3.3. In order to afford the Bidders a reasonable time for taking the Addendum, CSD, CSC,
errata, etc into account, or for any other reason, the Authority may, in its sole discretion,
extend the Bid Due Date.
C. PREPARATION AND SUBMISSION OF BIDS
9. Format and Signing of Bid
9.1. The Bidder shall provide all the information sought under this RFP. The Authority will
evaluate only those Bids that are received online in the required formats and complete in
all respects.

9.2. The Bid shall be typed or written in indelible ink and signed by the authorised signatory of
the Bidder who shall also initial each page, in blue ink. All the alterations, omissions,
additions or any other amendments made to the Bid shall be initialed by the person(s)
signing the Bid.

10. Sealing, Marking and e-tendering of Bids

10.1. The Bidder shall submit the technical Bid online along with other supporting scanned
documents as mentioned below:
(a) Technical Bid in the format specified at Appendix-I along with enclosures therein
(b) Power of Attorney for signing the Bid as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the format
at Appendix-VI;
(d) Joint Bidding Agreement as per the format at Appendix-V;
(e) Proof of tender document fees paid online of Rs 25,000 (Twenty Five Thousand
Only)
(f) Proof of tender processing fees paid online of Rs 25,000 (Twenty Five Thousand
Only)
(g) Bid Security in the form of Bank Guarantee of Rs. 3,00,000/- (Rupees Three Lakh
only) as per format at Appendix VII.

10.2. The documents supporting the technical Bid shall be submitted physically in a separate
envelope marked as “TECHNICAL BID”. The documents shall include:

(a) Bid in the format specified at Appendix-I along with all the annexures therein;
(b) Original Power of Attorney for signing the Bid as per the format at Appendix-III; if
applicable, the Original Power of Attorney for Lead Member of Joint Venture as per
the format at Appendix VI; if applicable, the Original Joint Bidding Agreement as
per format at Appendix – V
(c) Original Bank guarantee towards Bid Security of Rs. 3,00,000/- (Rupees Three
Lakh only) as per format at Appendix VII
(d) Proof of tender document fees paid online of Rs 25,000 (Twenty Five Thousand
Only)
(e) Proof of tender processing fees paid online of Rs 25,000 (Twenty Five Thousand
Only)

10.2.1. The documents specified in Clause 10.2 shall be placed in an envelope, which
shall be sealed. The envelopes shall clearly bear the identification “RFP for
appointment of Renewable Energy Consultant for carrying out
peer review of existing DPR, Preparation of revised Detailed
Project Report, Bid Process Management, Carbon Credit Trading
& Project Management Consultancy Work for The Proposed
Solar Energy Projects along the Hindu Hrudaysamrat Balasaheb
 Thackeray Maharashtra Samruddhi Mahamarg (HHBTMSM)” and
shall clearly indicate the name and address of the Bidder. In addition, the Bid Due
Date should be indicated on the right-hand top corner of the envelope.

10.2.2. The envelope shall be addressed to:

Chief General Manager (Environment Dept.),
Mahasamruddhi Renewable Energy Ltd an SPV of MSRDC Ltd
Bandra Worli (Rajeev Gandhi) Sea Link Project Office,
Opp. Bandra Reclamation Bus Depot, K.C. Marg.
Bandra (W). Mumbai - 400 050, Maharashtra State, INDIA
email: cgmenv@[Link]

10.2.3. If the envelope is not sealed and marked as instructed above, the Authority assumes
no responsibility for the misplacement or premature opening of the contents of the
Bid submitted and consequent losses, if any that may be suffered by the Bidder.

10.2.4. Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be rejected summarily.

11. The Financial Bid

11.1 The financial Bid shall be submitted online only in the format as Appendix IV provided by
the Authority in this RFP and shall consist of a price [in Indian Rupees] to be quoted by the
Bidder to undertake the Project in accordance with this RFP and the provisions of the
Agreement.

11.2 The Bidders shall quote the offer in Financial Proposal in Indian National Rupee only and
shall remain firm during the entire period of consultancy contract.

11.3 The price quoted shall be inclusive of applicable taxes except GST. No out of pocket
expenses shall be borne by the MREL/MSRDC. The Financial Proposal shall not include
any conditions attached to it. Any such conditional Financial Proposal shall be liable for
rejection. Payment will be made after deducting tax deductible at source as per applicable
tax laws.

11.4 The selected Consultant will be associated with the MREL/MSRDC for a period of 8 years
(extendable if need be at the discretion of MREL/MSRDC). The pro rata rates for the
extended period shall be decided by MREL/MSRDC. The decision of Managing Director
in that regard shall be final and binding on the Consultant.

11.5 The opening of Bids and acceptance thereof shall be substantially in accordance with this
RFP.

11.6 The proposed Agreement shall be deemed to be part of the Bid.

12. Bid Due Date

12.1 BID comprising the documents listed at clause 10.1 and 10.3 of the RFP shall be submitted
online through e-procurement website [Link] on or before 1100 hrs
IST on 10.04.2024. Documents listed at clause 10.2 of the RFP shall be physically
 submitted on or before 1200 hrs. IST on 10.04.2024

12.2 The Authority may, in its sole discretion, extend the Bid Due Date by issuing an
Addendum in accordance with Clause 6.3 uniformly for all Bidders.

13. Late Bids

Bids/ Enclosures of the BID received physically by the Authority after the specified time
on the Bid Due Date shall not be eligible for consideration and shall be summarily rejected.

14. Modifications/ Substitution/ Withdrawal of Bids

14.1 The Bidder may modify, substitute or withdraw its e- bid after submission prior to the Bid
Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after the
Bid Due Date & Time.

14.2 For modification of e-bid, bidder has to detach its old bid from e-tendering portal and
upload / resubmit digitally signed modified bid. For withdrawal of bid, bidder has to click
on withdrawal icon at e-tendering portal and can withdraw its e-bid. Before withdrawal of
a bid, it may specifically be noted that after withdrawal of a bid for any reason, bidder
cannot re-submit e-bid again.

14.3 Any alteration/modification in the Bid or additional information supplied subsequent to the
Bid Due Date, unless the same has been expressly sought for by the Authority, shall be
disregarded.

15. Rejection of Bids

15.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to reject
any Bid and to annul the Bidding Process and reject all Bids at any time without any
liability or any obligation for such acceptance, rejection or annulment, and without
assigning any reasons therefor. In the event that the Authority rejects or annuls all the Bids,
it may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.

15.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability, and to reject any Bid without assigning any reasons.

16. Validity of Bids

The Bids shall be valid for a period of not less than 180 (one hundred and eighty) days
from the Bid Due Date. The validity of Bids may be extended by the Authority if deemed
fit.

17. Confidentiality
Information relating to the examination, clarification, evaluation and recommendation for
the Bidders shall not be disclosed to any person who is not officially concerned with the
process or is not a retained professional advisor advising the Authority in relation to, or
matters arising out of, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of the Bid, in confidence and will require all those who have
access to such material to treat the same in confidence. The Authority may not divulge any
 such information unless it is directed to do so by any statutory entity that has the power
under law to require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/ or the Authority or as may be required by law or in connection with
any legal process.

18. Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any Bid.

D. BID SECURITY & PERFORMANCE SECURITY

19. Bid Security

19.1 The Bidder shall furnish as part of its Bid, an interest free bid security of Rs. 3,00,000/-
(Rupees Three Lakh only) (the "Bid Security") in the form of a Bank Guarantee in
favour of Mahasamruddhi Renewable Energy Ltd. payable at Mumbai issued by
Nationalized Bank or State Bank of India or bank promoted by All India Financial
Institution including HDFC, from any branch in Mumbai or encashable at Mumbai in the
format prescribed as Appendix VII. The bid security shall be kept valid for a period of
120 days from the expiry of the 180 days from bid due date. The bid security shall carry
no interest. The Bid Security shall be refundable not later than 180 (One Hundred and
Twenty) days from the Bid Due Date, except in the case of the Selected Bidder whose Bid
Security shall be retained till it has provided a Performance Security under the Agreement.
The Bid shall be summarily rejected if it is not accompanied by the Bid Security.

19.2 If the bidder withdraws or modifies its bid during the period of validity i.e. not less than
180 (one hundred eighty) days from the bid due date or if the bidder is awarded the
contract and fails to sign the contract or to submit the performance security in the
prescribed period from the date of issue of LOA as the case may be, the bidder will be
suspended from participation in the tendering process for the works of MREL/MSRDC
and/or any of its subsidiary/SPVs and works under other State sponsored schemes, for a
period of one year from the bid due date of this work.

19.3 Any Bid not accompanied by the Bid Security shall be summarily rejected by the Authority
as non-responsive.

19.4 The Selected Bidder’s Bid Security will be returned, without any interest, upon the bidder
furnishing the Performance Security and signing the Contract Agreement in accordance
with the provisions hereof. The Authority may, at the Selected Bidder’s option, adjust the
amount of Bid Security against the amount of Performance Security to be provided by it in
accordance with the provisions of the Agreement.

19.5 The Bid Security shall be forfeited and appropriated by the Authority as Damages payable
to the Authority without prejudice to any other right or remedy that may be available to the
Authority under the bidding documents and / or under the Agreement, or otherwise, under
the following conditions:
(a) If a Bidder withdraws its Bid during the period of Bid validity as specified in this
RFP and as extended by the Authority;
(b) If a Bidder submits a non-responsive Bid as defined in Section V clause 2.1;
 (c) In the case of Selected Bidder, if it fails within the specified time limit –
(i) to furnish the Performance Security within the period prescribed therefor in the
LOA; or
(ii) to sign the Agreement; or

20. Performance Security

20.1 Within 15 (fifteen) days of receipt of the Letter of Acceptance (LOA), the Successful
Bidder shall furnish to the Authority a Performance Security for an amount equal to 10%
of the total contract price or Rs. 30,00,000/- (Rupees thirty Lakh only) whichever is more
in the form of Bank Guarantee issued by Nationalized Bank or State Bank of India or bank
promoted by All India Financial Institution including HDFC, from any branch in Mumbai
or encashable at Mumbai in the format prescribed as Appendix VIII. The Performance
Security shall carry no interest.

20.2 The Bank Guarantee shall be valid upto 180 (One Hundred and Eighty) days after
completion of the work as per scope of work to the satisfaction of MREL/MSRDC. Until
such time the Performance Security is submitted by the Successful Bidder pursuant hereto
and the same comes into effect, the Bid Security shall remain in force and effect, and upon
such submission of the Performance Security, the Authority shall release the Bid Security
to the Successful Bidder.

20.3 In the event of failure of the Successful Bidder to provide the Performance Security in
accordance with these provisions and within the time specified therein or such extended
period as may be provided by the Authority, the Authority shall encash the Bid Security
and appropriate the proceeds thereof as Damages.

20.4 The MREL/MSRDC reserves the right to appropriate at its discretion the performance
security in full or in part to fulfil any claim or dues of MREL/MSRDC against the
successful bidder/consultant.

20.5 The performance security shall be refunded to the consultant within a period of 180 from
the expiry of the consultancy period upon full and satisfactory compliance by the
Consultant with all the obligations and requirements under the agreement, provided there is
no claim of MREL/MSRDC or any of its subsidiaries against the Consultant and after a
specific written request is received from the Consultant

20.6 The MREL/MSRDC shall be at liberty without any further consent from the Consultant
than the consent which is implied by the execution of the agreement to use/realise the said
performance security or any part thereof towards the fulfilment of payments and
satisfaction of any and every sum which may be due by the Consultant to the
MREL/MSRDC or any local/competent authorities and the Consultant shall within 15 days
of the date of demand by the MREL/MSRDC deposit with the MREL/MSRDC a fresh
demand draft to make good the original amount of Performance Security failing which the
Consultant shall be liable to pay interest thereon @ 18% p.a. from the date of demand till
actual payment (both days inclusive).

20.7 In the event of performance security being found insufficient or the same has been wholly
forfeited, the balance or the total sum recoverable as the case may be shall be deducted
from any sum due to the Consultant or which at any time thereafter may become due to the
Consultant under this or any other tender/contract with the MSRDC or any of its
subsidiaries including any EMD/Bid Security paid by the Bidder for any other
tender/contract. Should that sum also not be sufficient to cover the full amount recoverable,
the Consultant shall forthwith pay to the MREL/MSRDC on demand the remaining balance
dues Upon the full and satisfactory compliance by the Consultant with all obligations and
requirements under this contract, the performance security or such part thereof as shall not
be liable to be forfeited or appropriated as aforesaid shall be refunded to the Consultant.
 SECTION- IV
Eligibility and Qualification Criteria
Bidders must read carefully the Conditions of Eligibility (the Conditions of Eligibility”)
provided herein. Proposals of only those Bidders who satisfy the Conditions of Eligibility shall
be considered for evaluation.

1. General Eligibility requirement of the bidders:

1.1 The bidder may be an entity/Proprietorship/JV, where the term entity for the purpose of
this clause shall mean and refer to corporate entities incorporated under the Companies
Act, 1956/2013, the Partnership Act, 1932, the Limited Liability Partnership Act, 2008,
etc.

1.2 Bidder/members of a JV shall be established and registered entity as per

applicable laws at least 5 years prior to the date of publishing this RFP. The
relevant document in support thereof must be submitted by the Bidder.

1.3 The Bidder/each member of a JV must not be debarred/blacklisted/defaulted by any

Government department/agency, Public Sector Undertaking (PSU), institution/
autonomous organizations in the past.

1.4 The Bidder/each member of JV shall not be involved in any major litigation
that may have an impact of affecting or compromising the delivery of services
as required under the contract, and shall submit a self-declaration in this
regard.

1.5 A Bidder/each member of JV who have been terminated/blacklisted by MSRDC

or any of its subsidiary for non-performance/breach of contract, shall not be
entitled to participate in this tender process and if a bid is submitted the same will
not be processed further and will be summarily rejected by MREL/MSRDC
without assigning any reason.

1.6 The Bidder/JV members shall have necessary registration with GST, Udyog
Aadhar and the same shall be submitted while submitting the bid.
The Bidders shall submit along with its technical bid, the documents confirming to the
general, technical and financial eligibility criteria as more specifically mentioned in this RFP.
2. Qualifying Requirements of the Bidder’s:
2.1 Technical qualification Criteria:

i. The Bidder/ JV shall have substantial experience in identifying and executing

projects in Renewable Energy sector. The Bidder/JV shall have experience of
preparation of Detailed Project Reports of cumulative capacity of 200 MW Solar
Energy Projects. Out of the said 200 at least 1 (one) Detailed Project Report shall be
of minimum 100 MW Renewable Energy Power project with newest & innovative
concept (Floating Solar, Wind Solar Hybrid, etc.).
ii. The Bidder/Joint Venture shall have at least one Technical expert having experience
of working on international Renewable Energy projects with Development Banks
such as with ADB/ European Union.
iii. The Bidder/Joint Venture shall have successfully completed at least one bid process
 management for selection of EPC/developer of at least 50 MW capacity Solar Energy
projects for government/ Private Sector in last five years.
iv. The Bidder/Joint venture shall have experience for working with JICA/World
Bank/ADB for infrastructure/Carbon Credit projects in last 5 (five) years.
v. The Bidder/Joint venture shall have experience of preparing carbon footprint
calculations report for infrastructure projects in last 5 (five) years.
vi. The Bidder/Joint venture shall have experience of working with Interstate Renewable
Energy Council (IREC) and Global Carbon Council (GCC) in carbon trading in last 5
years.
vii. The Bidder/ Joint Venture shall have detailed experience of availing carbon credit
and implementation of the same for any infrastructure project in last 5 years.
viii. The firm/companies/Joint venture should have minimum 5 years’ experience of
preparation of EIA of large infrastructural projects.
ix. The Bidder/JV shall have on its payroll at least two electrical Engineers
possessing Graduation degree in electrical engineering and having
minimum 5 years’ experience in the field of solar power projects. The
updated CVs of the electrical engineers must be submitted along with the
technical bid.
x. The Bidder shall have empanelled or shall have on its pay roll at least one
qualified Financial Expert (Chartered accountant/MBA finance/Post
Graduate Diploma – Project Appraisal ) having at least 5 years’
experience in the relevant field. The details of the same shall be submitted
along with the technical bid.
Documents in support of technical qualification criteria i.e. work order and/or
completion certificates etc. issued by the client must be submitted (in case of a
govt. body, a certificate issued by an officer not below the rank of an Executive
Engineer shall be submitted and in case of private entity the certificate shall be
issued not below the rank of the Project Head).
2.2 Financial Criteria: The bidder shall satisfy the following financial qualification criteria:

(i) Average annual turnover of the Bidder shall not be less than Rs. 1,50,00,000/-
(Rupees One Crore Fifty Lakh only) during preceding three financial years.
(ii) Net Worth of the bidder as on the last day of preceding financial year shall not be less
than Rs. 75,00,000/- (Rupees Seventy Five Lakh only).
2.3 Joint Venture: In case the bid is submitted by a Joint venture (JV) of two or more
companies as partners, they must meet the following requirements:

(i) There can be a maximum of 03 (Three) partners/members in a JV. The Lead partner
of the JV shall meet individually not less than 50% of minimum Financial qualifying
Criteria mentioned in clause 2.2 above. However, all the JV/Consortium partners
must meet collectively 100% Financial Eligibility Conditions prescribed in the said
clause.

(ii) All the partners of the JV must meet collectively 100% of Technical Criteria
prescribed in clause 2.1 above and each of JV members shall have to meet at least
one of the conditions of technical eligibility in its individual capacity.

(iii) The Lead Partner of the JV shall have at least 50% share in the JV.
 (iv) The net worth of each Partner of JV/Consortium shall be positive.

(v) A Joint Venture (JV) may or may not be incorporated as a Registered Company.

(vi) A Joint Venture (JV), if incorporated as a Registered Company, is required to submit

Bid Security and Performance Security in the name of Joint Venture only. In case a
Consortium or a JV has not formed a Registered Company, the Bid Security and
Performance Security shall be submitted in the name of Lead Partner only.

(vii) Joint Venture agreement shall specify the detailed scope of work to be executed by
each partner of JV and shall clearly mention that all partners shall be jointly and
severally be liable to the Authority for execution of work as per the scope of work.

(viii) The Joint Venture shall nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the partners of the Joint Venture
during the bidding process and, in the event the Joint Venture is awarded the
Contract, during contract execution.

(ix) The Authority (MREL) may assess the capacity and capability of the bidder, to
ascertain that the bidder can successfully execute the scope of work covered under
the RFP within the stipulated completion period. This assessment shall inter-alia
include (i) document verification, (ii) bidder’s work/details of works executed, works
in hand, anticipated in future, (iii) past experience and performance, (iv) customer
feedback, etc

(x) For avoidance of doubt it is further clarified that the Joint Venture must collectively
satisfy the above qualification criteria i.e. JV shall cumulatively/collectively fulfil
100% requirement of eligibility, technical as well as financial.

2.4 Submission in support of Financial qualifying criteria:

(i) The Technical Bid must be accompanied by the Audited Annual Reports of the
Bidder (of each Member in case of a Joint Venture) for the last 3 (three) financial
years, preceding the year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and therefore
the Bidder cannot make it available, the Bidder shall give an undertaking to this
effect and the statutory auditor shall certify the same. In such a case, the Bidder
shall provide the Audited Annual Reports for 3 (three) years preceding the year for
which the Audited Annual Report is not being provided.
(iii) The Bidder must establish the minimum Net Worth and annual turnover specified in
2.2 above, and provide details along with its bid.

2.5 Other instructions for submission of documents in support of Eligibility and

Qualification criteria:

i. The project of which experience is claimed by Bidder/JV Member shall have been
carried out by the bidder/JV member as a Consultant and not as a Sub-consultant.
ii. The Bidder shall ensure that all the information, facts & figures, data provided in
the bid are accurate and correct. MREL/MSRDC reserves the right to confirm /
verify any data or information through their own sources. The Bidder shall furnish
 documentary evidence by way of copies of Contract./ Purchase Order, CV/Resume
of Team Members or any other equivalent document, Audited Balance Sheet and
Profit & Loss Account etc., along with the Bid to establish experience / track record
and financial capabilities meeting Bid Evaluation Criteria.
iii. While evaluating the Bids, MREL/MSRDC shall also take into account past
experience of work execution by Bidder for MSRDC or other reputed consultants
while carrying out overall due diligence of the proposal and evaluating Bidder in
totality to take final call on his selection. MSRDC‟s decision regarding the same
shall be final & binding to the bidder.
iv. MREL/MSRDC also reserves right to reject or disqualify any bidder at any stage
considering its overall performance in past project (s) executed for MSRDC or any
of its subsidiary/SPVs based on reasonable grounds/ reasons for such
rejection/disqualification. MREL/MSRDC shall be under no obligation to inform
the affected Applicants of the rejection and / or ground for rejection.
v. The Bidder shall meet all the above eligibility criteria as on the bid due date. The
bids of only those bidders, who meet the Eligibility Criteria, will be considered for
further evaluation.
vi. Notwithstanding anything stated above MREL/MSRDC reserves the right to verify
all statements/information submitted to confirm the Bidders’ claim on experience and
to assess the Bidders’ capability and capacity to perform the contract should the
circumstances warrant such an assessment in the overall interest of the project.
MREL/MSRDC will do performance evaluation and necessary due diligence of the
Bidders based on feedback including Owner/user feedback, site visits of completed
Projects & ongoing Projects to ascertain capacity and capability of the Bidder.
MREL/MSRDC’s decision in this regard shall be final and binding to the Bidder
without any demur.
vii. Further, notwithstanding the above, MREL/MSRDC reserves the right to accept or
reject any BID and to annul the process of submission of BID and reject all or any
BID, at any time without assigning any reason thereof. MREL/MSRC shall not in
any way be responsible or liable for any loss, damage or inconvenience caused to
the Bidders on account of the rejection of bids. MREL/MSRDC shall be under no
obligation to inform the respective bidder(s) of the rejection and / or ground for
rejection.
 Section V
EVALUATION OF BIDS

1. Opening Evaluation and Comparison of Financial Bids

1.1 The Authority shall open the technical Bids received physically & online at the time &
date as specified in the bidding schedule, at the place specified in Clause 10.2 Section
III and in the presence of the Bidders who choose to attend and shall mark their
attendance in an attendance sheet duly signed by all present.

1.2 Only those physically received Envelopes shall be considered, whose E-bids have
been received under e- procurement.

1.3 To facilitate evaluation of Bids, the Authority may, at its sole discretion, seek
clarifications in writing from any Bidder regarding its Bid.

2. Tests of responsiveness
2.1 Prior to evaluation of Bids, the Authority shall determine whether each Bid is
responsive to the requirements of this RFP. A Bid shall be considered responsive only
if:

(a) Technical BID is received online as per the format at Appendix-I;

(b) The Technical Bid is received physically and online by the Bid Due Date
including any extension thereof pursuant to Clause 10.2 Section III

(c) it is signed, sealed and marked as stipulated in clauses 10 Section III;

(d) it is accompanied by the Bid Security as specified in Clause 19, Section III;

(e) it is accompanied by the Power of Attorney authorizing to submit bid on behalf

of the Bidder/JV, Joint Bidding Agreement, if applicable;

(f) it contains all the information (complete in all respects) as requested in this
RFP and/or Bidding Documents (in formats same as those specified);

(g) it does not contain any condition or qualification; and

(h) it is not non-responsive in terms hereof.

(i) All documents required for checking the “Test of Responsiveness” shall be
submitted in hard copy format. These documents shall be evaluated strictly on
hard copy submission. These documents shall also be submitted online with the
Financial Bid as a scanned/softcopy.

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 2.2 Financial bid in the prescribed format (Appendix IV) shall be submitted ONLINE
ONLY. Hard copy submission stating financial bid (in words or figures) anywhere
shall be rejected summarily.

3. The Authority shall reject any Bid which is non-responsive and no request for
alteration, modification, substitution or withdrawal shall be entertained by the
Authority in respect of such Bid.

4. Evaluation Criteria

i. The evaluation of Technical bid will be taken up only if the Bidder satisfies the test of
responsiveness.

The submitted bids shall be evaluated by evaluation team or committee designated by

MREL/MSRDC. The Technical proposals of the Bidders shall be evaluated based on
the following parameters on a scale of 100 Marks. The Bidders will be awarded marks
for each of the qualification parameters on the following criteria:

Sr. Max
Criteria
No. Points

Technical Criteria
The Bidder/JV shall have experience of preparation of Detailed
Project Reports of cumulative capacity of 200 MW Solar Energy
A Projects. Out of the said 200 at least 1 (one) Detailed Project 20
Report shall be of minimum 100 MW Renewable Energy Power
project.
Assignment >= 500 MW 20

Assignment = 200 to 400 MW 15

Assignment = 200 MW 10
The Bidder/Joint Venture shall have at least one Technical expert
having experience of working on international Renewable Energy
B 5
projects with Development Banks such as with ADB/ European
Union.
The Bidder/Joint Venture shall have successfully completed at
least one bid process management for selection of EPC/developer
C 5
of at least 50 MW capacity Solar Energy projects for government/
Private Sector in last five years.
The Bidder/Joint venture shall have experience for working with
D JICA/World Bank/ADB for infrastructure/Carbon Credit projects 5
in last 5 (five) years.
E The Bidder/Joint venture shall have in last five years 10

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 Prepared carbon footprint calculations report for infrastructure
E1 5
projects

E2 Worked in carbon trading with IREC/GCC 5

The firm/companies/Joint venture should have minimum 5 years’

F 5
experience of preparation of EIA of large infrastructural projects.
The Bidder/JV shall have on its payroll at least two
electrical Engineers possessing Graduation degree in
G 5
electrical engineering and having minimum 5 years’
experience in the field of solar power projects.
The Bidder shall have empanelled or shall have on its
pay roll at least one qualified Financial Expert
H (Chartered accountant/MBA finance/Post Graduate 5
Diploma – Project Appraisal) having at least 5 years’
experience in the relevant field.
Financial Criteria

I Average annual Turnover of Bidder/JV during preceding three 10

financial years
I1 Turnover > Rs. 2.00 Cr. 10

I2 Turnover <= Rs 1.50 Cr. – Rs. 2.0 Cr. 8

I3 Turnover = Rs. 1.50 Cr 5

J Net Worth of Bidder/JV in the preceding Financial Years 10

J1 Networth >= Rs1.00 Cr. – Rs. 1.50 Cr. 10

J2 Networth >= Rs. 75 Lakh – Rs. 1.00 Cr. 8

J3 Networth = Rs. 75 Lakh 5

Preparation of work plan, Methodology and Approach plan

K 20
for the project.

Note:
 Based on the above evaluation, the bidders scoring minimum 70 Marks in the
technical and financial evaluation shall only be considered for opening of their
Financial Bids.

 80% completed Consultancy work (Financial) shall also be considered as completed

work for evaluation.

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  Work completion Certificate issued by competent authority / CA (Bidder's chartered
accountant's certificate) related to completion of the project shall be considered.

ii. Financial Bid

The Financial Bids of only the technically qualified bidders shall be opened for further
consideration. Consideration will be given to the quote offered by the Bidder to
undertake the scope as mentioned. The lowest Financial Quote (L1) will be given a
Financial Score of 100 points. The financial scores of other Bidders will be computed
score relative to the score of L1, which will be;

Financial Score = 100 x PL/ P

Where PL = Lowest Price; offered by L1;
P = Price of the proposal being considered.

iii. Evaluation Committee: - The Committee constituted by MSRDC for evaluation of

Technical/Financial Proposals submitted by the Bidder will evaluate the technical and
financial proposals. The proposals shall be evaluated on quality cum cost basis
selection i.e. 80% weightage to technical proposal on quality based selection and 20%
weightage to financial bid. The committee will evaluate the financial bids of those
bidders who shall be declared technically qualified by qualifying marks of not less
than 80 as enumerated in evaluation table in clause 4 above.
Technical Envelope shall be firstly opened to verify the payment of tender fee
and Bid Security and document in support of technical and financial eligibility as
prescribed herein.
On the basis of the information supplied by the bidders as stated in the RFP
document their competency shall be assessed by the committee and thereafter taking
into consideration their competency and minimum score of 80% to be achieved by the
bidder, the committee will recommend the opening of the opening of the financial
envelop being financial proposal of the technically qualified bidder. After opening of
financial envelop the combined evaluation of technical proposal and financial proposal
shall be assessed by the committee.

iv. Techno evaluation criteria

This will be a techno commercial evaluation and accordingly the Technical evaluation
will have 80% weightage and Financial/Commercial evaluation shall have 20%
weightage. These weightages shall be taken into consideration for arriving at the
Successful Bidder. The evaluation methodologies vis-a-vis the weightages are as
under:

Score will be calculated for all technically qualified Bidders using the following
formula:

S = (T/T High x 80 + (C Low/C x 20) Where:

S= Score of the Bidder
T= Technical score of the Bidder

T High = Highest Technical score among the Bidders

C = Quote as submitted by the Bidder (please refer to Appendix IV)

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 C Low = Lowest Quote of C among the Bidders

The Bidder securing the highest score becomes the successful Bidder
For example – There are three Bidders A, B and C.

Technical score will be arrived at treating the marks of the Bidder scoring the highest
marks (A) in Technical evaluation as 100. Technical score for other Bidders (B, C,
etc.) will be computed using the formula Marks of B/ Marks of highest scorer A*100.

Similarly Commercial Score of all technically cleared Bidders will be arrived at taking
the cost quoted by L1 Bidder i.e., the lowest quote from all technically qualified
Bidder (say C) as 100. Marks for other Bidders will be calculated using the formula
Commercial Score = Cost of L1 Bidder / Cost quoted by Bidder * 100.

A “Combined score” will be arrived at, taking into account both marks scored through
Technical Proposal evaluation and the nominal commercial quotes with a weightage of
80% for the Technical Proposal and 20% for the Financial Proposal as described
below:

The combined score is arrived at by adding Technical Score and Commercial Score.
The successful Bidder will be the one who has highest Combined Score.

Sr Bidder Technical Financial Technical Commercial Combined

no. evaluation quote in score score score (out
marks (T) (Rs) (C) of 100)
95/95*80 = 60/71*20 = 80.0+16.9 =
1 A 95 71 80.0 16.9 96.9
85/95*80 = 60/65*20 = 71.6+18.5 =
2 B 85 65 71.6 18.5 90.1
90/95*80 = 60/60*20 = 75.8+20.0 =
3 C 90 60 75.8 20.0 95.8

In the above example Bidder A with highest score becomes the successful
Bidder.
v. In the event that two or more Bidders secure the same marks, the Authority shall
identify the Selected Bidder by draw of lots, which shall be conducted, with prior
notice, in the presence of the Tie Bidders who choose to attend.
vi. In the event that the Lowest Bidder is not selected for any reason, the Authority shall
annul the Bidding Process and invite fresh bids.

Approach and Methodology - All Bidders shall be required to submit approach and
methodology for implementation of consultancy assignment as per scope of work.

5. Notification of award - After selection, a Letter of Acceptance (the “LOA”) shall be

issued, by the Authority to the Selected Bidder. After the LOA as aforesaid the
Authority shall cause the bidder to submit/deposit the performance security within the
period prescribed in Clause 19 Section III and to execute the Agreement. The Selected
Bidder shall not be entitled to seek any deviation, modification or amendment in the
Agreement.

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6. Contacts during Bid Evaluation: Bids shall be deemed to be under consideration
immediately after they are opened and until such time the Authority makes official
intimation of award/ rejection to the Bidders. While the Bids are under consideration,
Bidders and/ or their representatives or other interested parties are advised to refrain,
save and except as required under the Bidding Documents, from contacting by any
means, the Authority and/ or their employees/ representatives on matters related to the
Bids under consideration. Failure on the part of the Bidders to observe/comply with
the above condition, will entitle the Authority to reject the bid of such bidder without
assigning any reasons and without incurring any liability of whatsoever nature against
such bidder.

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 SECTION VI
SCOPE OF WORK

1. Brief Information:
Maharashtra State Road Development Corporation (MSRDC) through its
Special Purpose Vehicle, Mahasamruddhi Renewable Energy Limited (hereinafter
referred to as the MREL or the Authority), has undertaken the execution of Green
Energy by way of implementing Solar PV Power Plants at interchanges along the Hindu
Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg (HHBTMSM).
This would not only be a leap towards the use of Green Energy for MREL/MSRDC but
also be means of self-reliant and Economical Energy which would capitalize the
abundance of Solar Energy.

MSRDC/MREL now wishes to explore the available unused spaces along

the HHBTMSM for different modes of Renewable Energy Equipment for power
generation with optimum use of space having maximum efficiency and higher
utilization of land and i nnovative concept for use of Renewable Energy.

The Selected Bidder (the “Consultant”) shall be responsible for carrying out
peer review of existing DPR and submission of revised DPR, carrying out bid process
management for appointment of EPC contractor/s for the solar power project/s to be
executed on the basis of the revised DPR prepared by the Consultant, carbon credit
trading & Project Management Consultancy work for the proposed solar energy projects
along the Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra
Samruddhi Mahamarg under and in accordance with the terms and conditions set out
herein.
2. Detailed scope of work:
2.1 Peer Review of DPR available with Authority:
The Selected Consultant/Firm shall conduct peer review of already
prepared DPR. Detailed review of the project report made available by
MREL/MSRDC, comments/suggestions in respect of the said report.
Consultants to ensure that the entire project/s is/are technically sound
including newest technology and innovative ideas in Renewable Energy
and efficiency of the Solar PV Module, inverters, cabling, evacuation of
power to grid, etc. Complete project/s shall be commercially viable.
The Selected Consultant/Firm shall submit a revised detailed project report
including but not limited to the following:
a. Site visit and Land Survey
b. Site assessment to evaluate factors such as solar irradiance, land
availability, topography, soil conditions, and environmental impact.
c. Coordination with stakeholders (MREL, MSRDC and other entities).
d. Utilization of various unused spaces along the Samruddhi
Mahamarg for installation of Renewable Energy Equipment.
e. Prepare a proposed Layout, Profile Plans, Broad construction methods,
value added techniques in renewable energy.
f. To design and recommend latest techniques/ technology to maximize the
production.
g. Area requirement, energy generation, use of energy etc.
h. Project Cost Analysis
i. Prepare detailed cost estimates for the entire project, including

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 equipment procurement, installation, civil works, permits, and other
associated costs.
j. Evaluate available financing options with regards to state/central
policies, incentives, and subsidies, etc. to optimize project economics.
k. Evaluate and assistance for international funding, if any, for proposed
solar project;
l. Design the layout of the solar plants, including positioning of solar
panels, inverters, and other necessary equipment, ensuring optimal
energy generation.
m. Cost of Renewable Power Generation and derive levelized tariff.
n. Develop financial models to analyze project economics and determine the
payback period, assisting in decision-making and investment planning.
o. Explore and suggest Innovative and newest methods for procuring
Renewable Energy Equipment and identification of potential customers
for sale of power in case required.
p. Identify and list all necessary approvals and permits required for project
execution, ensuring compliance with regulatory requirements.
q. Compare power generation and cost between solar PV and other
conventional energy sources, highlighting the benefits of renewable
energy adoption.
r. Determine the required capacity of solar PV and other renewable energy
systems to meet project objectives and energy demand.
s. Estimate the timeframe required for project implementation, considering
various phases from planning to commissioning.
t. To review the local policies, state policies and central policies and
procedure in DPR
u. Modes for sale of power generated and potential power purchase
v. Cost of annual maintenance of the project/s.

2.2 Carbon Credit & Financing:

2.2.1 Scope of work: MREL/MSRDC will be working on various carbon foot print saving
projects which would come alive from time to time in the contract period of 8 years.
Considering the same the consultant shall carry out following activities for generating
and trading of the carbon credits
a. Baseline Study
b. Evaluation of carbon footprint analysis.
c. Preparation of Project Design Document (PDD)
d. Seeking requisite approval, assist in arranging a stake holder Consultation as
required in eligible GHG mitigation program.
e. Project pre-verification and preparation of monitoring data sheet
f. Monitoring and Verification protocol
g. Preparation of monitoring report and assistance during every verification cycle
h. Assistance during registration of the project in eligible GHG mitigation program
i. Assistance during Validation of the project
j. Auditing the evaluated carbon credit points by authorised agency.
k. Preparation of information memorandum with respect to carbon credit and
finance
l. Searching financial agencies for trading of carbon credits.
m. Support MREL/MSRDC end to end for realization of payments from verified

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 carbon credits to MREL/MSRDC account.
n. Consultant shall submit six monthly reports to MREL/MSRDC, the
inception report shall be submitted within 2 months from the date of
issue of work order. Subsequent 6 monthly reports shall be submitted
within 2 weeks of completion of the six months for which the report is
submitted. The six monthly reports shall include but not limited to the
following:
i Update/Follow up on the carbon foot print Calculations/Registration/ Trade
in last 6 months
ii Update on registration of project with I –REC/GCC/ Any similar mechanism
registry.
iii Payment received from I-REC/GCC/ Any similar mechanism registry.
iv The consultant would submit 15 six monthly reports having documentation,
register the project for IREC/GCC /any similar mechanism for obtaining
carbon credits in a period of 8 Years .
2.2.2 Other important points regarding Carbon Credit:
i. MREL/MSRDC would be working on various carbon foot print saving
projects which would come alive from time to time in the contract period of 8
years.
ii. The consultant shall complete the documentation, register the project for
IREC/GCC/ any similar mechanism for obtaining carbon credits in every six
months in the contract period of 8 years.

iii. The entire fees quoted by the consultant would be divided into 16 parts i.e.
every six months of 8 years.

iv. The Scope of Work of Consultant consists of Carbon Credits Trading from
inception till revenue realization to MREL/MSRDC. All end-to-end details of
Carbon Credits Trading shall be shared with MREL/MSRDC.

v. The Consultant shall register & generate carbon credits related to the projects
being surveyed and validated by the Consultant with due approval from
MREL/MSRDC on the details of the validated projects. The carbon credits
shall be generated in the name of MREL/MSRDC.

vi. In case of increase in ground Mounted solar capacity during initial 2 Years of
Agreement Tenure from the initial declared capacity, it shall be the
responsibility of the Consultant to validate and generate the Carbon Credits
of the additional capacity. All other Terms and Conditions will be applicable
accordingly.

vii. Any increase in capacity which may be included in the Contract Tenure shall
be decided mutually between MREL/MSRDC & Consultant.

viii. Upon successful generation/issuance of Carbon Credits, Consultant shall

present a detailed proposal for trading of Carbon Credit to MREL/MSRDC.

ix. The consultant shall ensure that after trading of carbon credits is executed

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 and revenue is realized in MREL/MSRDC Account within 7 working days of
signing of Carbon Credit Purchase Agreement.

x. If any circular/order is issued by Government of India or any other competent

authority in this regard debarring trading of Carbon Credits then the Contract
shall stand Null & Void.

2.3 Bid Process Management –

a) Prepare Request for Proposal (RFP) document including but not limited to technical
specifications, bidder’s technical and financial eligibility criteria, bids evaluation
methodology, taxes, special and general conditions of contract, performance
guarantee parameters of plant, payment milestones, penalties, etc. based on best
industry practice.
b) The RFP document shall also include a draft contract/concession agreement and its
relevant components in line with standard industry practices and internal guidelines
of MREL/MSRDC and overseeing the entire process of contract signing with
successful bidder/s.
c) The Selected Consultant shall attend site visits along with Prospective bidders, as
and when required.
d) The Selected Consultant shall assist MREL/MSRDC in conducting pre-bid meeting
and drafting replies/clarifications/modifications, Common Set of Deviations,
common set of clarifications, etc. if required.
e) Evaluation of technical and financial bids as per prescribed eligibility criteria and
recommending the successful bidder based on the techno-commercial parameters.
f) Assist MREL/MSRDC till signing of the Concession Agreement/s with the
Successful Bidder/s.
g) In case of retendering, the entire Bid process management shall be repeated
and no extra cost will be paid to the Selected Consultant for the same.

2.4 Project Management Consultancy:

a) MREL/MSRDC is in the process of appointing EPC contractor Design,
Engineering, Supply, Construction, Erection, Testing &
commissioning & Comprehensive O & M of 5 MW (AC) Ground
Mounted Solar Pv Power Plant at Village Bhilkheda, Taluka-Karanja
Lad, Dist-Washim (Interchange no. 8) & 4 MW at Village Faijpur,
Taluka- Mehekar, Dist. Buldhana (Interchange no. 11) along
Samruddhi Mahamarg. The Consultant shall be responsible for the Project
management consultancy of the said two solar power projects during the
constructions as well as Operation and Management stages of the said project.
b) The Consultant will be responsible for Project management consultancy of the
projects selected through competitive bidding as per DPR submitted by the
consultant and accepted by MREL/MSRDC for a period of 8 years from the date of
issue of Work order herein.

2.4.1 Scope of Work for Project Management Consultancy Services: Consultant will
be responsible for monitoring progress of project awarded to EPC Contractor up to
the Commissioning of the project.
1. Review engineering services - submission from the EPC contractor

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 i. Design Review
a) Review of the Contractor’s basic and detailed design engineering and
drawings and other relevant technical documentation concerning major
systems, equipment, materials and works.
b) Code requirements (International Electro technical Commission (IEC) and
other codes which are mentioned the RFP document with Bid Specification.
c) Statutory requirements (necessary legal permits, approvals etc obtained by
the EPC Contractor
d) Interface requirements (Remote monitoring system like SCADA for data
access etc.)
e) Operability and Maintainability (adequacy of design and layout of the plant
to meet to ease the O&M requirements of the plant like equipment
accessibility, cleaning and removal provisions etc.)
f) Adequacy of Design to meet Functional and Guaranteed parameters
g) Evacuation infrastructure & compatibility of system for evacuation of
power to the grid.
h) Any other review as per requirement of project and as per the instructions
of the MREL/MSRDC
ii. Technical Assistance for checking compliance of design, components
characteristics, test procedures applied etc. with international standards
including review of project execution planning of EPC contractor.
a. Review, comment and make recommendations for further steps on permits
and licenses (status, constraints, etc.).
b. Review, comment and make recommendations for further steps on time
schedule and payment milestones.
c. Review, evaluate, comment and make recommendations for further steps on
project management/risk management.
iii. Review of Quality Assurance plans
a. Assist MREL/MSRDC in approval of Supplier/Sub-contractor proposed by
the EPC Contractor
b. Assist MREL/MSRDC in approvals as per the RFP document with Bid
Specifications.
c. Review and assist in finalization of the ‘Contractor/ Sub-contractor/Supplier’
quality plans including customer hold points for inspection.

iv. Factory Inspection of Key Equipment: Review and finalization of Shop and
Site performance test procedures for major equipment and systems as per
written instructions from MREL/MSRDC without financial implications to
MREL/MSRDC.

v. Site Visit to MREL/MSRDC personnel: The Consultant shall arrange for a site
visit of 5 days to 3 – 5 personnel of MREL/MSRDC to a plant successfully
completed and operationalized by the consultant outside India as and when
requested by the Authority. The cost if any to be incurred for such site visit shall
be solely borne by the Consultant. No extra cost on such account will be paid by
MREL/MSRDC.
vi The consultant shall provide, One Diploma Electrical Engineer, for two project
site for monitoring the performance of project work. The Engineer shall be
appointed once the appointed date of EPC contractor is finalized.

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vi. Construction Management Services The services under Construction
Management shall include the following:
i. Attend the project co-ordination meeting conducted by MREL/MSRDC
with vendors / Contractor as per the MREL/MSRDC requirements.
ii. Review of schedules and its latest status provided by the Contractor(s)
iii. Establish project co-ordination and communication procedures, procedures
for documents submission with various vendor(s) / Supplier(s)
iv. Review the EPC Contractor plans for site management and monitor his
staffing plan for efficient use of supervisory personnel, labour and materials
and equipment on site.
v. Assist in certification of Contractor’s project milestones
vi. Provide the MREL/MSRDC with recommendations regarding the
imposition of liquidated damages should this become necessary as a result
of EPC Contract delays and/or performance deficiencies.
vii. Assist MREL/MSRDC in resolving of claims & disputes, if any with the
EPC Contractor and also assist in resolving design related, site related and
contractual issues.
viii. Preparation of Monthly MIS reports for progress monitoring, budgeted
progress Vs. actual indicating slippages, deviations and suggesting remedial
measures.
ix. Coordination of project design engineering, procurement, erection and
commissioning.
x. Assist MREL/MSRDC in reviewing the EPC contractors’ performance and
implementation of the project. This shall include:
a) Periodical construction monitoring services during project execution in
compliance with the technical design, the contracted specifications /
requirements and the project schedule.
b) Carry out monthly site inspections and elaborate a comprehensive
report (also including Photo- documentation of covered or buried parts)
to be provided in a completed manner no more than 5 working days
after the respective site inspection.
c) Mechanical Completion: Consultant will review the check-lists
prepared by EPC as per relevant acceptable international standards and
based on these check-lists the mechanical completion of the facilities
shall be reviewed for their conformity to relevant standards and safety
aspects, covering following plant components:
- Solar modules
- Junction and combiner boxes
- Mounting systems
- Inverters and inverter stations
- Communication system
- String monitoring system
- Energy meters
- SCADA/monitoring system
- Fences and security system
- Transformers
- Interfacing substation
- Cabling (laying and adequate fixing)
- Earthing system

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 - Electric safety devices
- Meteorological station
Consultant will review the reports of the site and laboratory testing of the
solar modules as per contractual requirements, various mandatory tests:
d. Review of EPC contractors’ progress report
e. Monthly progress report- Team Leader of the Consultant shall visit the
periodically date during the entire period of contract. The Team Leader
shall monitor the site for services like review of project work e.g.
construction, erection, testing and commissioning of equipment and
facilities by the Contractor to ensure compliance to quality, safety and
performance requirements. Accordingly the consultant shall submit
monthly progress report before 10th of each month during the
construction phase of the EPC contract.
xi. Together or subsequent to Mechanical Completion, performance tests are
expected to be performed in order to verify if the installation reaches the
expected yield levels at given irradiation conditions.
a. During the testing and completion phase of the project, the PMC will
assist MREL/MSRDC in the completion of the following tasks:
- Review of information and reports on commissioning and review of
trial operation
- Monitoring of the performance and reliability tests.
- Review of performance test results

b. Confirmation of Final Acceptance

- Assess the protocols of mechanical completion and provisional
acceptance
- Visit the plant and comment on the status of the installation
- Assess the actual performance in comparison with the stipulations of
the EPC contracts
- Review and comment on the final as-built documentation from the
contractor.

xii. Submission of Work Completion Report: Submit Work Completion

Report to the MREL/MSRDC when the Project achieves Mechanical
Completion, Provisional Acceptance, Substantial Completion, and Final
Acceptance and that the plant has been fully accepted and has entered
commercial operation.
vii. Operation and maintenance stage: The Operation and management
stage shall include:

1. Analysis of Operational Results: During the commercial operation of the

Project the Consultant shall review the performance of the Plant as well as the
EPC Contractor and report the results to MREL/MSRDC as follows:
a) During the 1st year of commissioning the Consultant shall submit
quarterly report and from 2nd year onwards till the completion of 7th year
from Commissioning of plant the consultant shall submit 6 monthly
performance report.
The analysis shall include but not be limited to:
- The daily irradiation data over the reported period,
- The daily output of the solar generator,

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- The fed-in energy into the grid,
- The performance ratio,
- The performance data in relation to the performance warranty,
- Review of the plant logbook for the reported period.
- Observance and investigation into any irregular behaviour of the
solar generator, as well as recommendation of measures that require
to be taken
- A list of all damages and/or defects occurred during the reported
period.

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 SECTION VII
DELIVERABLES & PAYMENT SCHEDULE
1. Deliverables:
1.1 The expected outputs of this project are as follows:
(i) Peer Review Report.
(ii) A final Detailed Project Report including financial analysis
(iii) A draft RFP document (Draft Tender Papers) with all relevant formats
(iv) Conduct of tender process till signing of concession agreement with
contractor for execution of renewable energy project/s as per accepted report
of the Consultant.
(v) Project Management Consultancy during construction as well as O & M
phases.
1.2 The final DPR comprising above deliverables must be compiled in a single report in
Word format and PDF format (with relevant annexures), shall be submitted in both
electronic and hard copy form to the Chief General Manager (Envt), MSRDC Ltd.

1.3 All financial models must be in Excel format, and must clearly set out all assumptions;
sensitivity analyses carried out; and model outputs. The financial models must be
sufficiently adaptable for use by others at later stages.

1.4 The Detailed project report must be presented with a thorough executive summary and
must be accompanied by a PowerPoint presentation that encapsulates all the key features
of the study.

1.5 All reports must be in English, in accordance with MREL/MSRDC formatting

requirements (as the case may be) and must be submitted in hard and soft copy formats
along with complete sets of raw data, research materials, etc.
2. Schedule of Deliverables and payments: The total Consultancy Fee (contract value)
excluding GST applicable shall be paid in the following manner and on completion of
following stages as per proposed time line.
2.1 Deliverables:

Deliverable From the date of issue of letter of Intent in favour of

the Firm
Peer Review Report Within 2 weeks issue of work order
Draft Revised DPR Within 6 weeks from date of acceptance of peer review
report
Final Revised DPR Within 2 weeks from acceptance of Draft DPR By MSRDC

Preparation of RFP Within 3 weeks of Acceptance of Final DPR

document
Bid Evaluation within 2 weeks opening of technical bid

Construction Management Within one year from date of issue of LOA to successful
Bidder

Operation and Till 7 years from date of commissioning of the project

Maintenance Monitoring

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2.2 Schedule of Payments: (a=70%of total tender value)
a. DPR, Bid Process Management and Project Management Consultancy:

Sr. Description RE
No. Consultant
1 Acceptance of Peer review report for the Project. 10%

2 Acceptance of revised DPR 18%

3 Bid Process management, marking of land for particular 17%
tender and required statutory clearances to start the work
- To be released proportionate to the capacity of solar
power project awarded.
4 Selection of Project equipment, approval of various 10%
schemes from concern authority of MREL/MSRDC,
testing of equipment as per ISI standards at work site in
the presence of MREL/MSRDC Personnel and
clearance for dispatch of the material and receipt of
material at site - To be released proportionate to the
capacity of solar power project awarded
5 Successful completion of construction phase of project 20%

6 Signing PPA with Customers and Connectivity to 10%

MSEB/ Concern Consumer as per PPA agreement
7 Monitoring day to day maintenance, follow up 15%
preventive maintenance schedule of various equipment,
Monitoring the performance utilization factor till 7 year
O & M period (to be paid on quarterly basis).

b. Carbon Credit Consultancy- ( b= 30 % of total tender value)

Sr Description Payment
no proposed
1 Inception report 10%
2 After submission of Complete documentation for 25%
registration of Carbon Credit
3 15 six monthly report to be paid at 4.34% for each 65%
report.

Note: The time lines prescribed above are to be followed scrupulously by the
Consultant. In case of delay beyond the prescribed period due to reasons attributable to
the Consultant shall entitle MREL/MSRDC to impose penalty of 1% of the amount
payable for the delayed activity under the respective activity. The fine may be

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 increased by 0.5% for every week’s delay which may extend to maximum of 5% of
the fees payable for the said activity. For delay beyond this period will constrain
MREL/MSRDC to terminate the Consultancy contract at the risk and cost of the
Consultant.

3. PAYMENT AND INVOICES

3.1 Total cumulative payments by MREL/MSRDC under this Contract shall not exceed
the total consultancy fees quoted by the Selected bidder and accepted by
MREL/MSRDC, which shall cover any and all fees, costs and expenses in performing
the Services including, without limitation, all salaries, consulting fees, allowances,
value added taxes, other taxes, insurance, social charges, contributions, administrative
expenses and overheads that the Selected Consultant is obligated to pay, and the
Selected Consultant shall not be entitled to any additional amounts from
MREL/MSRDC for any reason whatsoever.
3.2 All invoices to be submitted by the Selected Consultant under this Contract shall be
submitted electronically to cgmenv@[Link]. and physically to Chief General
Manager (Envt), MSRDC Ltd., Bandra Reclamation, K C Marg, Bandra West,
Mumbai – 400050.
3.3 Payment will be made by MREL/MSRDC within 30 days upon receipt of an invoice
prepared and submitted in accordance with this Clause subject to prior written
confirmation of MREL/MSRDC of satisfactory completion of the output(s),
deliverable(s) or Services to which the invoice relates. If the Services have been
delivered in part only, is not in accordance with the specifications of the scope of work
or if they are otherwise not found to be satisfactory by MREL/MSRDC, payment may
be reduced accordingly, taking into account all relevant considerations.
3.4 MREL/MSRDC may withhold payment in respect of any invoice in the event that, in
the opinion of MREL/MSRDC, the Selected Consultant is in breach of any material
term of this Contract, or if the Selected Consultant has not provided sufficient
information required in the invoice. Any amount that MREL/MSRDC has paid in
excess of the amount payable in accordance with the provisions of this Contract shall
be reimbursed by the Selected Consultant to MREL/MSRDC within thirty (30) days
after receipt by the Selected Consultant of notice thereof.
3.5 The Selected Consultant shall have sole responsibility for (i) the payment of all taxes,
including any indirect taxes and value-added taxes (VAT) arising out of or in
connection with the performance of the Services, whether paid as part of the Contract
Amount or not, and (ii) the filing of any required tax returns or other information
related thereto with the relevant tax authorities. If any tax must be paid by
MREL/MSRDC on account of any payment hereunder, the amount of any such tax
shall be deducted from the amount payable by MREL/MSRDC to the Selected
Consultant, and the Consultant shall be notified of the same
3.6 A final invoice shall be identified as such and shall not be issued until all the Selected
Consultant’s obligations for performing the Services have been satisfactorily fulfilled.
The final invoice must be submitted within one month of the completion of the
Services or the Service end date.

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 SECTION VIII
GENERAL CONDITIONS OF CONTRACT – CONSULTING SERVICES

1. Definitions: The following words and expressions shall have the meanings hereby
assignedto them:
1.1 “Adjudicator” means the person, who shall be an engineer or a firm of engineers who
is appointed by the Authority to act as the adjudicator to make a decision or to settle
any dispute or difference between the Authority and the Consultant referred to it by
the parties pursuant to the contract executed between the Authority and the Consultant
hereof.
1.2 “Applicable Law” means any statute, law, regulation, ordinance, notification, rule,
regulation, judgment, order, decree, bye-law, approval, directive, guideline, policy,
requirement or other governmental restriction or any similar form of decision of, or
determination by, or any interpretation or administration having the force of law in the
Republic of India and the State Government, by any Government Authority or
instrumentality thereof, whether in effect as of the dateof this Contract or thereafter.
1.3 “Authority” shall mean and include Mahasamruddhi Renewable Energy Limited
and/or Maharashtra State Road Development Corporation Ltd (MSRDC)
1.4 “Authorised officer” means the Officer of MREL/MSRDC appointed by the
Authority and in charge of the Solar Power works and named to perform the duties
delegated by the Authority in this regard.
1.5 “Bid” shall mean the bid submitted by the Bidder in response to this RFP/Tender
Document” issued by the Authority.
1.6 “Bidder” shall mean Bidding entity or a Joint Venture submitting the Bid pursuant
this RFP. Any reference to the Bidder includes Bidding entity / Joint Venture
including its successors, executors and permitted assigns, etc..
1.7 “Completion” means that the entire works have been completed as per the Scope of
work specified herein.
1.8 “Consultant” shall mean Successful Bidder/Agency/Firm appointed to carry our work
as per scope of worked defined in this RFP and any amendment thereof mutually
agreed by both parties.
1.9 “Contractor” means the person(s) whose bid to perform the Contract has been
accepted by the Company and is named as such the Contract Agreement and includes
the legal successors or permitted assigns of the Contractor.
1.10 “Consultant’s Equipment” means all plant, facilities, equipment, machinery, tools,
apparatus, appliances or things of every kind required in or for execution of work that
are to be provided by the Consultant.
1.11 “Chartered Accountant” shall mean a person practicing in India or a firm whereof all
the partners practicing in India as Chartered Accountant(s) within the meaning of the
Chartered Accountants Act, 1949.
1.12 “Day” means calendar day of the Gregorian calendar.
1.13 “DPR” Means Detailed Project Report
1.14 “Effective Date” for this Contract shall mean the date of issuance of commencement
order/work order by the Authority.
1.15 “GCC” means the General Conditions of Contract hereof
1.16 “Government Authority” means Government of India, any state government or any
governmental department, commission, board, body, bureau, agency, authority,
undertaking, court or other judicial or administrative body or any sub- division or
instrumentality thereof, central, state, or local, having jurisdiction over the Consultant,

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 the Facility, or the performance of all or any of the services, obligations or covenants
of the Consultant under or pursuant to this Contract or any portion thereof.
1.17 “Month” means calendar month of the Gregorian calendar.
1.18 “PFR” means Pre-feasibility Report
1.19 “Project” shall mean and include all the works to be carried out by the Consultant as
per scope of work prescribed in this RFP
1.20 “Prudent Utility Practices” means those practices, methods, techniques and
standards, that are generally accepted for use in Preparation of Detailed Project Report
taking into account conditions in India.
1.21 “RFP document” shall mean the bidding document issued by the Authority including
all attachments therein.
1.22 “Site” means the land and other places upon which the works are to be carried out, and
such other land or places as may be specified in the Contract as forming part of the
Site.
1.23 “Subcontractor/vendors” shall mean and include any person to whom execution of
any part of the work, is sub-contracted by the Consultant upon approval of the
Authority, and includes its legal successors or permitted assigns.
1.24 “Successful Bidder” means the bidder who has been awarded the Contract and
described as Consultant for the “Project”.
1.25 “Time for Completion” shall be the date on or before which the complete work as per
RfP with final report shall be submitted by the Consultant to the satisfaction of the
Authority and such date is specified in NIT.

2. Interpretations
i. Singular and Plural: The singular shall include the plural and the plural the
singular, except where the context otherwise requires.
ii. Headings: The headings and marginal notes in the General Conditions of
Contract are included for ease of reference and shall neither constitute a part of
the Contract nor affect its interpretation.
iii. Persons: Words importing persons or parties shall include firms, corporations
and government entities.
iv. Men: The word “Men‟ in this RFP shall mean all genders i.e. male, female and
others.
v. Independent Consultant: Subject to the provisions of the Contract, the
Consultant shall be solely responsible for the manner in which the Contract is
performed.
1. All employees, representatives or Subcontractors engaged by the Consultant
in connection with the performance of the Contract shall be under the
complete control of the Consultant and shall not be deemed to be employees
of the Company and nothing contained in the Contract or in any
subcontract awarded by the Consultant shall be construed to create any
contractual relationship between any such employees, representatives or
Subcontractors and the Company.

2. Not in any case the sub-contractor shall claim or shall put any binding to the Company
and the sub-contractor must be handled by the Consultant and the Company shall not
be responsible for any claims at any time by the Consultant in relation to the sub-
contractor.

3. OBLIGATIONS OF THE CONSULTANT

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3.1 The Consultant shall ensure that all of its experts, personnel, employees, directors,
officers, subcontractors, agents, servants, representatives and other persons deriving
authority from the Consultant (collectively hereinafter referred to as the “Consultant’s
Associates”) are (i) medically fit to perform the Services and (ii) adequately covered
by appropriate insurance policies for any service-related illness, injury, death or
disability. The Consultant acknowledges that MREL/MSRDC shall have no
responsibility whatsoever for such coverage or for any medical expenses that the
Consultant or any of the Consultant’s Associates may incur.

3.2 The Consultant undertakes and declares that neither itself nor any of the Consultant’s
Associates has any public or private interest, direct or indirect, nor shall acquire directly
or indirectly any such interest which does or may conflict in any manner with the
performance of the Consultant’s obligations under this Contract. The Consultant shall
disclose and shall cause each of the Consultant’s Associates to disclose any situation
of actual or potential conflict that impacts its or their capacity to serve the best interest
of MREL/MSRDC, or that may reasonably be perceived as having this effect. The
Consultant shall excuse or else disqualify itself from any business or other arrangement
which conflicts with the Consultant’s performance under this Contract.

3.3 Except as otherwise agreed by MREL/MSRDC in writing, during the term of this
Contract the Consultant and any entity in which the Consultant has a professional
participation or interest shall be disqualified from supplying any goods, performing any
work or service related to or resulting from the Services.

3.4 The Consultant shall seek and obtain all necessary approvals/permits and other
governmental authorizations as shall be required for carrying out the Services and for
performing its obligations under this Contract.

3.5 The Consultant and the Consultant’s Associates when performing the Services at
MREL/MSRDC premises must abide by MREL’s /MSRDC’s safety and security
policies and protocols.
3.6 The Consultant guarantees full compliance by each of the Consultant’s Associates
with the terms of this Contract.

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4. REPRESENTATIONS AND WARRANTIES OF THE CONSULTANT

The Consultant makes the following material representations to MREL/MSRDC and

acknowledges that MREL/MSRDC has reasonably relied on each of these
representations in entering into this Contract:

(a) The Consultant represents and warrants that it shall be fully responsible as
primary obligor to MREL/MSRDC regarding the manner and standard of
performance of the Services.

(b) The Consultant shall not use any confidential or proprietary information or trade
secrets of any other person or entity in the performance of the Services.

(c) The Consultant has not granted any rights or licenses to any intellectual property
or technology that would conflict with MREL/MSRDC’s rights or the
Consultant’s obligations under this Contract.

(d) The Consultant has the right to disclose and use all ideas, processes, techniques,
properties and other information, if any, that it will disclose or has disclosed to
MREL/MSRDC or will use in the performance of the Services, without any
liability to any third party.

(e) The Consultant shall not infringe upon any copyright, patent, trade secret or other
property right of any third party in the performance of the Services and shall not
disclose or otherwise make available to MREL/MSRDC in any manner
confidential information received by it from third parties if doing so would violate
its obligations to any third party and indemnifies MREL/MSRDC against third
party claims of infringementof copyright, patent, trademark or other rights arising
from use of goods/design or any part thereof.

(f) All information contained in the Consultant's bid which MREL/MSRDC accepted
for the provision of the Services are true, accurate and not misleading, unless
otherwise specifically disclosed by the Consultant in writing and acknowledged
and accepted by MREL/MSRDC before executing this Contract;

(g) To the best of the Consultant's knowledge and belief, no claim is being asserted
and no litigation, arbitration or administrative proceeding is presently in progress,
pending or being threatened against the Consultant or any of its assets that could
materially and adversely affect the Consultant's ability to deliver the Services
under this Contract.

(h) The Consultant has not filed nor is it facing proceedings for winding up its
business or for dissolution, insolvency, bankruptcy, or the appointment of a
receiver, liquidator, administrator or similar officer in relation to any of the
Consultant’s assets or revenue. The Consultant expressly warrants its financial
viability and shall permit MREL/MSRDC to inspect the Consultant’s accounts,
financial statements and other records relevant to the performance of the
Consultant under the Contract, or otherwise have these accounts and records
audited externally, as MREL/MSRDC may deem necessary.

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 (i) The Consultant represents and warrants that the Consultant and any of the its
Associates are not (A) under debarment or sanctions by MREL/MSRDC, (B)
debarred/blacklisted/defaulted by any Government department/agency, Public
Sector Undertaking (PSU), institution/ autonomous organizations in the past, (C )
not be involved in any major litigation that may have an impact of
affecting or compromising the delivery of services as required under
the contract

5. INSPECTION AND AUDIT BY MSRDC

(a) For the purpose of this Clause, “Records” means books, documents, accounting
records, files, reports, supporting documentation (such as receipts, vouchers,
ticket stubs, boarding cards or other evidence) and any other records which may
have bearing on matters associated with the performance of this Contract and
expenditures incurred under this Contract, regardless of the type and regardless of
whether such items are in written form, in the form of computer data, or in any
other form.

(b) The Consultant shall keep and maintain accurate and complete Records relating to
the performance of this Contract and expenditures incurred by the Consultant
under this Contract, including all Records required in accordance with sound and
commonly accepted accounting procedures and practices. The Consultant shall
maintain such Records for a period of at least five years after term of this Contract
ends.

(c) The Consultant shall permit MREL/MSRDC and its designated representative(s),
upon reasonable notice, during the term of this Contract and for three five
thereafter, to inspect the Consultant’s Records and make copies thereof and to
have them audited by auditors appointed by MREL/MSRDC.

(d) If an inspection or audit determines that MREL/MSRDC has overpaid the

Consultant, MREL/MSRDC, in addition to any other rights it may have as a
matter of law, shall have the right to: (a) deduct the amount of such overpayment
from any payments due or that may become due to the Consultant under this
Contract or under any other contract with MREL/MSRDC or any of its subsidiary
companies, etc.; and/or (b) demand that the Consultant reimburse MREL/MSRDC
the amount of any such overpayment.

(e) The Consultant shall ensure that MREL/MSRDC has the same right to inspect and
audit Records of the Consultant’s Associates as provided in this Clause.

(f) The provisions set out in this Clause shall survive the expiration or termination of
this Contract.

6. CONSULTANT’S LIABILITY AND INDEMNITY

(a) The Consultant shall indemnify and defend MREL/MSRDC and its directors,
officers, employees, agents, successors and assignees against any and all claims,
demands, actions, damages, costs (including reasonable attorney fees), expenses,

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 obligations, penalties, liabilities, proceedings and losses arising out of or in
connection with:

i. any act or omission, whether negligent, tortuous or otherwise, of the

Consultant or any Consultant’s Associate relating to or arising from the
provision of the Services or the matters contemplated in this Contract;

ii. any breach by the Consultant or any Consultant’s Associate of any of the
Consultant's obligations under this Contract;

iii. any death or injury to a person resulting from the Consultant's or a

Consultant’s Associate’s negligence or recklessness;

iv. any infringement or alleged infringement by the Consultant or any

Consultant’s Associate of any patent, copyright, registered design, trade
mark, trade secrets or any other intellectual property rights of any third party;
or

v. any failure of the Consultant or any Consultant’s Associate to comply with

any applicable law, rule or regulation.

(b) The provisions set out in this Clause shall survive the expiration or termination of
this Contract.

7. INSURANCE
(a) The Consultant shall take out and maintain, or cause each Consultant’s
Associate to take out and maintain, at its (or the Consultant’s Associate’s) own
expense such insurances as may be required by law in the country of
incorporation of the Consultant and/or the laws of the country of assignment
and, in addition, such following minimum coverages, or such other coverage as
may be agreed by the Parties in writing:
i. professional liability insurance of Rs. 3,00,00,000/- (Rupees Three Crore
only) per claim;
ii. motor vehicle insurance in respect of motor vehicles used by the
Consultant or any of the Consultant’s Associates in in accordance with
local standards;
iii. workers’ compensation and employer’s liability insurance (or their
equivalents) in respect of any of the Consultant’s Associates in accordance
with the applicable law, as well as, with respect to any of the Consultant’s
Associates, any life, health, accident, travel or other insurance as may be
appropriate; and
iv. insurance against all risks in respect of the property and any equipment
used for the performance of the Services

(b) All policies must be currently in force on the date the Consultant commences
performance of the Services. All policies must be written through a reputable
insurance company acceptable to MREL/MSRDC.

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 (c) At MREL/MSRDC’s request, the Consultant shall promptly provide evidence to
MREL/MSRDC showing that the insurance referred above has been issued and
maintained and that the current premium has been paid.

8. INTELLECTUAL PROPERTY RIGHTS

(a) The Consultant acknowledges and agrees that all writings, reports, products,
processes, inventions, models, ideas, know-how, documents and other materials
and work products, whether or not patentable, or subject to copyright or
trademark or trade secret protection, conceived, developed, produced or
deliverable by the Consultant, whether alone or jointly with others, in connection
with or pursuant to the Services (the “Work Products”) are the sole and
exclusive property of MREL/MSRDC. MREL/MSRDC is entitled to all
intellectual property and other proprietary rights, including, but not limited to,
patents, copyrights and trademarks, with regard to all Work Products (i) which
the Consultant or any Consultant’s Associate has developed for MREL/MSRDC
under this Contract and (ii) which bear a direct relation to or are produced or
prepared or collected in consequence of, or during the course of, the
performance of this Contract. The Consultant acknowledges and agrees that all
such Work Products constitute works made for hire for MREL/MSRDC. In the
event that it should be determined that any such Work Product does not
constitute a work made for hire, the Consultant does hereby assign and transfer
to MREL/MSRDC, the Consultant’s entire right, title and interest in and to the
intellectual property rights and all other rights, however acquired, that the
Consultant may have in the Work Product. The Consultant shall promptly and
fully disclose to MREL/MSRDC all Work Products. Upon completion of the
Services or at the request of MREL/MSRDC, whichever is earlier, such Work
Products shall be returned to MREL/MSRDC.

(b) The Consultant has obtained from each Consultant’s Associates (including its
employees and contract personnel) written assurances to these terms with regard
to intellectual property rights in Work Products. The Consultant warrants that it
has the right to assign Work Products to MREL/MSRDC free of any proprietary
rights of any other party or any other encumbrance whatsoever.

(c) If, in the production of any Work Product, the Consultant incorporates elements
from existing programs, whether prepackaged, off-the-shelf, proprietary or
otherwise, the Consultant is responsible for obtaining at its own expense any and
all releases and non-exclusive and irrevocable licenses necessary for
MREL/MSRDC to utilize the Work Product.

(d) To the extent that any such intellectual property or other proprietary rights in the
Work Products consist of any intellectual property or other proprietary rights of
the Consultant that (a) pre-existed the performance by the Consultant of its
obligations under this Contract, or (b) the Consultant may develop or acquire, or
may have developed or acquired, independently of the performance of its
obligations under this Contract, MREL/MSRDC shall not claim any ownership
interest thereto and the Consultant hereby grants to MREL/MSRDC a perpetual,
royalty-free and irrevocable license to use such Consultant intellectual property
and other proprietary rights for the purposes of and in accordance with the
requirements of this Contract.

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 (e) The Consultant agrees to execute such documents and take such other actions as
MREL/MSRDC may reasonably request to evidence, perfect or effect the
transfer, recordation or protection of any or all Work Products in compliance
with applicable law and this Contract; provided, that the Consultant shall not be
required to pay any costs, fees or expenses incurred in taking the necessary steps
to secure MREL/MSRDC proprietary and intellectual property rights.

(f) The provisions set out in this shall survive the expiration or termination of this
Contract.

9. CONFIDENTIAL INFORMATION
(a) The Consultant shall not at any time without written authorization from
MREL/MSRDC, communicate to any person or entity any Confidential
Information disclosed to it for the purpose of performing the Services or
obtained by it in the course of performing the Services, or make any public
statements concerning this Contract. All Confidential Information shall be treated
as confidential by the Consultant and the Consultant’s Associates and shall remain
the property of MREL/MSRDC. The Consultant and the Consultant’s Associates
shall not be entitled to use or copy such Confidential Information for any purpose
not related to this Contract. For purposes hereof, “Confidential Information”
refers to all documents, statistics, reports, drawings, data or other information
whether in written, oral or other form provided or made available to the Consultant,
or created, obtained, compiled or prepared by the Consultant in respect of, in
connection with or by virtue of this Contract.

(b) The Consultant shall exercise sufficient control over any Confidential
Information in order to preserve the confidential nature thereof, and to safeguard
the Confidential Information from theft and/or access by unauthorised personnel
and third parties and to ensure that Confidential Information is not used in an
unauthorised manner.

(c) The obligations of the Consultant under Clause will not be deemed to have been
breached to the extent that Confidential Information

(i) is disclosed by the Consultant to the Consultant's Associates solely in order to

comply with obligations, or exercise rights under this Contract; or
(ii) is in the public domain other than due to a breach of Clause 9 (a).

Where the Consultant discloses Confidential Information to another person

pursuant to clause (i) above, the Consultant will
(i) notify the receiving person that the information is Confidential Information and
(ii) not to provide the Confidential Information unless the receiving person agrees
to comply with the terms and conditions set forth in Clause 9(a).

In every instance, the Consultant shall notify MREL/MSRDC

(i) of such disclosure to the Consultant’s Associates prior to making such
disclosure, and
(ii) promptly of any breach of its confidentiality obligations when it has learnt of
such a breach.

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 (d) The Consultant shall not publish or cause or permit to be published, without the
prior written approval of MREL/MSRDC, the existence of this Contract nor any
conclusions or recommendations nor part thereof formulated in the course of or
as a result of the performance of the Services.

(e) The provisions set out in this Clause shall survive the expiration or termination
of this Contract.

10. CORRUPT AND FRAUDULENT PRACTICE

(a) MREL/MSRDC implements a policy of zero tolerance on fraud and corrupt
practices. MREL/MSRDC requires that all suppliers, service providers,
consultants, contractors, sub-contractors, and any personnel thereof, observe the
highest standards of ethics during the procurement process and execution of
procurement contracts. In pursuance of this policy, the Consultant and any of the
Consultant’s Associates are strictly prohibited from engaging in any corrupt,
fraudulent, coercive or collusive practice (“Prohibited Practices”) in connection
with this Contract. The Consultant shall promptly notify MREL/MSRDC if it
obtains any information regarding suspected Prohibited Practices in connection
with this Contract.

(b) The Consultant shall

(i) fully cooperate in good faith with MREL/MSRDC if investigation into an
alleged Prohibited Practice carried out in connection with this Contract;

(ii) promptly furnish to MREL/MSRDC such information as MREL/MSRDC

reasonably requests; and

(iii) permit MREL/MSRDC and/or its representative to have access to the books
and account and records as may be relevant for such investigation.

Provisions to this effect shall also be included in any subcontract to be awarded

by the Consultant.

(c) The Consultant represents and warrants that no employee or personnel of

MREL/MSRDC involved in the award of this Contract, has received, or will
receive, directly or indirectly, any benefit or advantage from the Consultant, or
any of the Consultant’s Associates, resulting from the award of this Contract or its
performance.

(d) If the Consultant or any of the Consultant’s Associates is found to have engaged
in any corrupt, fraudulent, coercive or collusive practice in connection with this
Contract, MREL/MSRDC may, in its sole discretion, do any or a combination of
the following: (i) declare void or terminate this Contract without liability for
payment of the contract amount or any part thereof; (ii) declare the Consultant
ineligible to contract with MREL/MSRDC or any of its subsidiaries etc. or to
enter into contracts financed by MSRDC; and (iii) pursue legal proceedings
against the Consultant.

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 (e) The Consultant shall use reasonable efforts to ensure that funds paid to the
Supplier by MREL/MSRDC (and to any of the Consultant’s Associates by the
Consultant) are not used to finance, support or conduct terrorism or money-
laundering activities.

11. SOCIALLY RESPONSIBLE AND ENVIRONMENTALLY SAFE PRACTICE:

The Consultant shall use its best efforts in good faith to refrain from any act or
omission that would be environmentally harmful during the performance of the
Services, and shall use its best efforts to ensure that no act, result or occurrence related
to, arising out of or in connection with the Services or this Contract, is
environmentally harmful.

12. FORCE MAJEURE

(a) For purposes of this Contract, "Force Majeure" means, with respect to a Party, any
event or circumstance which
(i) wholly or partially delays or prevents such Party from performing any of its
obligations under this Contract,
(ii) is unforeseeable and unavoidable,
(iii) is beyond the reasonable control of such Party and
(iv) occurs without the fault or negligence of such Party.

(b) The Party affected by such Force Majeure event shall give prompt written notice
to the other Party of the nature and probable duration of such Force Majeure
event, and of the extent of its effects on such Party's performance of its
obligations hereunder.

(c) During the continuance of a Force Majeure, the obligations of the affected party
shall be suspended to the extent necessitated by such Force Majeure.

(d) In the event of Force Majeure which delays performance of this Contract or any
part thereof by more than thirty (30) calendar days, either Party shall have the
right, by notice to the other Party, to terminate this Contract.

13. TERMINATION AND TERMINATION PROCEDURES

(a) MREL/MSRDC may terminate this Contract at any time without advance notice in
the event the Consultant engages in misconduct. For purposes hereof, “misconduct”
means conduct that is unlawful or improper, and that MREL/MSRDC determines in
its sole discretion that the misconduct may reflect seriously and adversely on
MREL/MSRDC.

(b) MREL/MSRDC may, upon giving not less than fifteen (15) calendar days' notice in
writing to the Consultant, terminate this Contract if MREL/MSRDC determines that
the Consultant has failed to perform satisfactorily the Services or to otherwise
comply with any of its obligations under this Contract.

(c) MREL/MSRDC may, at its option and in its sole discretion, terminate this
Contract when it is in the interest of or the convenience of MREL/MSRDC to do
so, including, without limitation, curtailment or termination of funding applicable
to this Contract, provided that MREL/MSRDC shall give not less than fifteen (15)
calendar days advance written notice to the Consultant.

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 (d) The Consultant may terminate this Contract if MREL/MSRDC has, within a period
of sixty (60) days after the due date, failed to pay any amount due to it in respect of
which no dispute has arisen.

(e) MREL/MSRDC and the Consultant may terminate this Contract by mutual
agreement in writing.

(f) Upon notice of termination of this Contract, the Consultant shall: (i) take immediate
steps to end the performance of the Services in a prompt and orderly manner,
mitigating any losses and keeping further expenditures to a minimum; and (ii)
promptly, and in any event, not more than fifteen (15) calendar days from the date of
termination, return all MREL/MSRDC equipment and all Work Products in
whatever state of completeness or incompleteness they may be on the date of
termination.

(g) If this Contract is terminated under this Clause, or Clause 12 above,

MREL/MSRDC shall be liable only for payment, in accordance with the payment
provisions of this Contract, for the part of the Services actually performed and
expenses reasonably incurred prior to the effective date of termination.

14. FORECLOSURE:
(a) MREL/MSRDC may, by not less than fifteen (15) days written notice of
foreclosure (the expiry of the notice period whereof being the date of termination)
to the Consultant, without assigning any reason whatsoever at any stage of the
contract, terminate/foreclose the contract.
(b) Upon termination of this contract, the consultant shall take necessary steps to
bring the work to a close in a prompt and orderly manner and shall hand over all
the documents/reports to MREL/MSRDC.
(c) The Consultant shall be duly paid for the works carried out and services rendered
till the date of termination. No compensation / claims shall be payable on account
of such termination.

15. RELATIONSHIP OF THE PARTIES: Nothing contained in this Contract shall be

construed as establishing or creating any relationship other than that of independent
contract between MREL/MSRDC on the one part and the Consultant and the
Consultant’s Associates on the other part. The Consultant shall have the legal status of
an independent contractor vis-à-vis MREL/MSRDC, and the Contract shall not create,
nor be deemed to create, the relationship of employer and employee or principal and
agent between MREL/MSRDC and the Consultant and/or Consultant’s Associates.
Accordingly, the Consultant hereby acknowledges that (i) neither the Consultant nor
any of the Consultant’s Associates shall have any authority to commit MREL/MSRDC
in any way whatsoever and (ii) MREL/MSRDC shall accept no liability in contract or
in tort or any responsibility for the acts, omissions, errors or negligence of the
Consultant or any Consultant’s Associates.

16. EQUIPMENT

(a) Except as expressly provided in this Contract, the Consultant shall be responsible
at its own cost for providing all the necessary personnel, equipment, material and

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 supplies and for making all arrangements necessary for the performance of the
Services under this Contract.

(b) Title to any equipment and supplies that may be furnished by MREL/MSRDC to
the Consultant shall rest with MREL/MSRDC and any such equipment must be
returned to MREL/MSRDC at the conclusion of this Contract or when no longer
needed by the Consultant, whichever is earlier. Such equipment, when returned to
MREL/MSRDC, must be in the same condition as when delivered to the
Consultant, normal wear and tear excepted. The Consultant shall be liable to
compensate MREL/MSRDC for equipment determined to be damaged or
degraded beyond normal wear and tear.
(c) The Consultant shall provide technically suitable tools and tackles, equipment,
Machineries, Software ( like PVsyst, Helioscope, AutoCAD) etc. conforming to
relevant BIS safety and technical standards for proper execution of work. The
Authority, in no way, shall be responsible for supply of any tools and tackles,
equipment, machineries etc. for execution of the work.

17. STAMP DUTY AND REGISTRATION: All cost, charges and expenses including
stamp duty and registration charges shall be borne and paid by the Consultant.

18. LIMITATION OF LIABILITY -The selected Bidder’s aggregate liability, in

connection with obligations undertaken as a part of this Project, whether arising under
this project regardless of the form or nature of the action giving rise to such liability
(whether in contract, tort or otherwise), shall be limited to the total contract value.

19. DISPUTE SETTLEMENT

(a) The MREL/MSRDC and the Consultant shall make every effort to resolve
amicably, by direct informal negotiation between the MREL/MSRDC and the
Consultant, any disagreement or dispute arising between them under or in
connection with the contract.
(b) If the MREL/MSRDC’s officer-in-charge/ co-ordinator and the Consultant’s
project convenor are unable to resolve the dispute after thirty days from the
commencement of such informal negotiations, the dispute shall be referred by
the Consultant to the Vice Chairman and Managing Director of MSRDC.
(c) The decision of Vice Chairman and Managing Director of MSRDC shall be final
and binding on the Consultant which shall be arrived at by the VC & MD after
giving an opportunity of being heard to the parties to the dispute.

20. APPLICABLE LAW: This Contract shall be governed and construed and enforced in
accordance with the laws of India applicable to the contracts made and to be
performed therein, and both Parties shall agree that in respect of any dispute arising
upon, over or in respect of any of the terms of this Agreement, only the courts in
Mumbai shall have exclusive jurisdiction to try and adjudicate such disputes to the
exclusion of all other courts.

21. LIQUIDATED DAMAGES: Time is of the essence in relation the provision of the
Services. The time lines prescribed in clause 2 of Section VI are to be followed
scrupulously by the Consultant. In case of delay beyond the prescribed period due to
reasons attributable to the Consultant shall entitle MREL/MSRDC to impose penalty
of 1% of the amount payable for the delayed activity under the respective activity. The

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 fine may be increased by 0.5% for every week’s delay which may extend to maximum
of 5% of the fees payable for the said activity. For delay beyond this period will
constrain MREL/MSRDC to terminate the Consultancy contract at the risk and cost of
the Consultant.

22. RISK PURCHASE: If the Consultant fails, on issue of the work order or
commencement order, to take up the work within a reasonable period or leave the
work on Site after partial execution of the work, MREL/MSRDC shall be at liberty to
get the work done through other agency at the Consultant’s own risk and additional
cost, if any. If the situation, so warrants, to compel MREL/MSRDC to terminate the
contract of the Consultant, it shall be liable to compensate the loss or damage, which
MREL/MSRDC may sustain due to reasons of failure on Consultant’s part to execute
the work in time and as per the scope.

23. MODE OF EXECUTION: All the work shall be executed strictly in conformity with
the provisions of the Contract conditions, specifications and instructions by the
Authorised officer/Engineer-in-Charge whether mentioned in the contract or not. The
Consultant shall be responsible for ensuring that works are executed in the most
substantial, proper and workman like manner using the quality materials/equipment
and labour throughout the job/assignment completion in strict accordance with the
specifications and relevant IS standards and to the entire satisfaction of the Authority.

24. UNITS & STANDARDS/CODES/REGULATION: The International System of

Units (SI) shall be used for carrying out the services mentioned in the specification.
Indian Standards, Codes and Regulations, wherever applicable shall be adopted and
adhered to by the Consultant. In case of such Indian Standards/Codes/Regulations
being not available in particular areas, applicable and acceptable international
standards shall be followed. The Consultant shall also comply with any
changes/modifications in the Standards while undertaking the above studies and
preparation of various reports.

25. PROGRAMME OF WORK: The Consultant shall submit the program of work
within 07 days from the date of receipt of commencement order/work order. The
program shall include a Bar Chart indicating therein the starting date and completion
date of each of the major items of work.

26. TAXES AND DUTIES:

i. Statutory variations in the tax shall be permitted as under:
A. Statutory variations during original contractual completion period :
 If any increase takes place in taxes and duties due to statutory variation,
then MREL/MSRDC will admit the same on production of documentary
evidence.
 If any decrease takes place in taxes and duties due to statutory variation,
the same shall be passed on to MREL/MSRDC or MREL/MSRDC shall
consider the decreased rate of taxes and duties while making the payment.
B. Statutory variations beyond original contractual completion period:
(i) If reasons for extension of contractual completion period is
attributable solely to MSRDC, the provisions of (A) above shall
apply.
(ii) If reasons for extension of contractual completion period is

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 attributable to the Consultant, then:
(a) If any increase takes place in taxes and duties due to statutory
variation, then MREL/MSRDC will not admit the same;
however MREL/MSRDC will admit the taxes and duties at
the rate prevailing during payment of last invoice raised
during original contract completion period.
(b) If any decrease takes place in taxes and duties due to
statutory variation, the same shall be passed on to
MREL/MSRDC or MREL/MSRDC will consider the
decreased rate of taxes and duties while making the payment.

(iii) Variation on account of exchange rate will not be

payable.

27. LABOUR ENGAGEMENT: The Consultant shall comply with various applicable
labour laws like the Factories Act,1948, Minimum Wages Act, 1948, Employee’s
State Insurance Act, 1948, Payment of Wages Act, 1936, the Workman’s
Compensation Act, 1952, Employees Provident Fund Act, 1952 Contractor labour
(Regulation & Abolition) Act,1970 and all other statutory requirements as amended
from time to time to the entire satisfaction of Central/State Govt. Authorities, and he
shall have to make good loss, if any, suffered by MREL/MSRDC on account of
default in this regard by the Consultant.

28. MISCELLANEOUS
(a) Assignments: The Consultant shall not assign, subcontract or otherwise transfer or
make any disposition of any rights or delegate any obligation under this Contract, in
whole or in part, without the prior written approval of MREL/MSRDC.
Notwithstanding any such approval given by MREL/MSRDC, the Consultant
hereby guarantees full compliance by each of the Consultant’s Associates with the
terms of this Contract and the prompt performance by each of them of the
subcontracted parts of the Services. The Consultant further represents and warrants
that it shall be fully responsible as primary obligor to MREL/MSRDC regarding the
manner and standard of performance of the Services.

(b)Amendments and Waivers: No modification, alteration or amendment to this

Contract may be made unless such modification, alteration or amendment is set
forth in writing signed by both Parties. No course of dealing, course of performance
or failure of either party to strictly enforce any provision of this Contract is to be
construed as a waiver thereof.

(c) Entire Agreement: This Contract, including all attachments and annexures hereto,
constitutes the sole and entire agreement of the Parties relating to the subject matter
hereof and supersedes any negotiations or prior agreements, whether oral or in
writing, with regard to the subject matter hereof.

(d)Severability: The invalidity, unenforceability or illegality of any provision (or part

of a provision) of this Contract shall in no way affect the validity, enforceability or
legality of the other provisions.

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(e) Counterparts: This Contract may be executed in one or more counterparts, each of
which is deemed an original, but all of which together will constitute one and the
same instrument.

(f) Survival of Clause: In addition to those specified in the relevant provisions, all
terms and provisions of this Contract, including any annexures, which by their
nature are intended to survive any termination or expiration of this Contract, shall
so survive.

(g)Exclusion of Third Party Rights: This Contract does not and is not intended to
confer any rights or remedies upon any person other than the Parties hereto.

(h)Cumulative Remedies: All rights and remedies of MREL/MSRDC under this

Contract are cumulative and not exclusive of any other rights or remedies that may
be available to MREL/MSRDC by law, equity or otherwise.

(i) Language: This Contract is in the English language only, which language shall be
controlling in all respects, and all versions hereof in any other language will be for
convenience only. All communications, notices, documents and reports to be made
or given under this Contract will be in the English language.

(j) Publicity- Any publicity by the selected Consultant in which the name of the
MREL/MSRDC is to be used shall be done only with the explicit written
permission of the MREL/MSRDC.

(k)Solicitation of Employees - The selected Consultant during the term of the contract
shall not without the express written consent of the MREL/MSRDC, directly or
indirectly recruit, hire, appoint or engage or attempt to recruit, hire, appoint or
engage or discuss employment with or otherwise utilize the services of any person
who has been an employee of MREL/MSRDC in rendering services in relation to
the contract.
(l) Compliance with Laws - The selected Consultant shall undertake to observe, adhere
to, abide by, comply with and notify the MSRDC about all the prevailing laws in
force or as are or as made applicable in future, pertaining to or applicable to them,
their business, their employees or their obligations towards them and all purposes
of this RFP and shall indemnify, keep indemnified, hold harmless, defend and
protect the MSRDC and its employees/ officers/ staff/ personnel/ representatives/
agents from any failure or omission on its part to do so and against all claims or
demands of liability and all consequences that may occur or arise for any default or
failure on its part to conform or comply with the above and all other statutory
obligations arising there from. Compliance with all applicable laws shall be limited
to laws which are directly/ indirectly affecting MSRDC’s business due to the
services provided as part of this RFP. However statutory compliance for providing
the service mentioned in the RFP needs to be carried out by the selected Consultant.
The selected Consultant shall promptly and timely obtain all such consents,
permissions, approvals, licenses, etc., as may be necessary or required for any of
the purposes of this project or for the conduct of their own business under any
applicable Law, the Government Regulation/Guidelines and shall keep the same
valid and in force during the term of the project, and in the event of any failure or
omission to do so, shall indemnify, keep indemnified, hold harmless, defend,

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protect and fully compensate the MSRDC and its employees/ officers/ staff/
personnel/ representatives/agents from and against all claims or demands of liability
and all consequences that may occur or arise for any default or failure on its part to
conform or comply with the above and all other statutory obligations arising there
from and the MSRDC will give notice of any such claim or demand of liability
within reasonable time to the selected Consultant.
The selected Consultant is not absolved from its responsibility of complying with
the statutory obligations as specified above. Indemnity shall exclude indirect,
consequential and incidental damages.

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 Section IX
Formats
Appendix I

Technical Bid-Covering Letter

Dated:

To,
The Director,
Mahasamruddhi Renewable Engery Limited,
Bandra Worli Sea Link Project Office,
Bandra Reclamation, Bandra West- Mumbai- 400050
Tel: 022 26517910/966/301
Email: cgmenv@[Link]

Subject: Request for Proposal for appointment of Renewable Energy Consultant for
carrying out Feasibility Study, preparation of Detailed Project Report, Bid Process
Management, Carbon Credit Trading & Project Management Consultancy Work
for the proposed Solar Energy Projects along the Hindu Hrudaysamrat
Balasaheb Thackeray Maharashtra Samruddhi Mahamarg

Dear Sir/ Madam,

We refer to the NIT issued in [Tender Reference No.] dated ___________, 2024, and the
Request for Proposal document available at [Link] for carrying out
Feasibility Study, preparation of Detailed Project Report, Bid Process Management Carbon
Credit Trading & Project Management Consultancy work for the proposed Solar Energy
Projects along The Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg (HHBTMSM)

We confirm that we understand the terms and conditions applicable to the submission of
the RFP. We confirm and undertake that the information provided by us in this RFP and
supporting documents are true, correct, complete, and accurate. We confirm that we fulfil
each of the ‘eligibility criteria’ mentioned in the invitation for the RFP. Having examined
the Bidding Documents and having understood their contents, I/We hereby submit my/our
Bid for the aforesaid Project. The Bid is unconditional and unqualified.

I/ We acknowledge that the Authority will be relying on the information provided in the
Bid and the documents accompanying the Bid for selection of the Consultant for the
aforesaid Project, and we certify that all information provided herein is true and correct;
nothing has been omitted which renders such information misleading; and all documents
accompanying the Bid are true copies of their respective originals.

I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Bid.

I/ We acknowledge the right of the Authority to reject our Bid without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our
right to challenge the same on any account whatsoever.

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 I/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid for the
Project, without incurring any liability to the Bidders, in accordance with Clause 15.1
Section III of the RFP document.

I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents,
including any Addendum/corrigendum/clarification issued by the Authority;
and
(b) I/We do not have any conflict of interest in accordance with provisions of the
RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, in respect of any tender or request for proposal
issued by or any Agreement entered into with the Authority or any other
public sector enterprise or any government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that no person acting
for us or on our behalf has engaged or will engage in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice;
I/ We declare that we/any Member of the Joint Venture or our/Joint Venture member,
are not a Member of any other Joint Venture submitting Bid for the Project.
I/ We certify that in regard to matters other than security and integrity of the country,
we/ any Member of the Joint Venture or any of our Joint venture member have not been
convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority
which could cast a doubt on our ability to undertake the Project or which relates to a grave
offence that outrages the moral sense of the community.
I/ We further certify that in regard to matters relating to security and integrity of the
country, we/any Member of the Joint Venture or any of our their Joint venture members
have not been charge-sheeted by any agency of the Government or convicted by a Court of
Law.
I/ We further certify that no investigation by a regulatory authority is pending against
me/us or against my partner/s or our CEO or any of our directors/ managers/ employees.

I/We believe that we/our Joint Venture satisfy(s) the Technical Capacity, Net Worth
criteria and meet(s) the requirements as specified in this RFP document.

I/ We hereby irrevocably waive any right or remedy which I/we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by the
Authority in connection with the selection of the Bidder, or in connection with the Bidding
Process itself, in respect of the above-mentioned Project and the terms and implementation
thereof.

I/ We acknowledge and agree that if any change in control of any member of Joint
Venture whose Technical Capacity and/ or Financial Capacity was taken into consideration
for the purposes of qualification under and in accordance with the RFP, occurs after signing
of the Agreement, it would, notwithstanding anything to the contrary contained in the
Agreement, be deemed a breach thereof, and the Agreement shall be liable to be terminated
without the Authority being liable to us in any manner whatsoever.

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 In the event of my/ our being declared as the Selected Bidder, I/we agree to
submit/deposit the performance security and enter into an Agreement in accordance with the
draft provided in the RFP document in the period prescribed in the RFP document. We agree
not to seek any changes in the aforesaid draft and agree to abide by the same.

I/ We have studied all the Bidding Documents carefully and also surveyed the project
highway and the surrounding. We understand that except to the extent as expressly set-forth
in the Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out of or
relating to the Bidding Process including the award of contract.

I/ We offer a Bid Security of Rs. 3,00,000/- (Rupees Three Lakh only) in the form of
Bank Guarantee drawn in favour of the Mahasamruddhi Renewable Energy Ltd. issue by
_________- Bank valid upto ________in accordance with the RFP Document. I/We
understand and agree the Bid Security shall not carry any interest and I/We further agree to
extend the validity of the Bid Security is so requested by the Authority.

The documents accompanying the general, technical and financial qualifying criteria, as
specified in Section IV Clause 1, 2 and 3 of the RFP, have been submitted as technical
envelope.

I/ We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the Project
/ Contract is not awarded to me/us or our Bid is not opened or rejected.

We, the Joint Venture agree and undertake to be jointly and severally liable for all the
obligations under the Contract Agreement that may be executed between us and the
Authority.

I/ We agree and undertake to abide by all the terms and conditions of the RFP document.

I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the Bid Due
Date specified in the RFP.

I/We agree, acknowledge and declare that:

1. The person signing this RFP and other supporting documents is an authorized
signatory who is supported by necessary power of attorney/board resolutions/
authorization letter of the Bidder (as enclosed);
2. I/We are not ineligible under the provisions of Section 29A of the Insolvency &
Bankruptcy Code, 2016 to participate in the process relating to the Potential
Transaction(s);
3. I/We are not involved in any major litigation that may have an impact of affecting or
compromising the delivery of services as required under the contract.
4. I/We are not be debarred/blacklisted/defaulted by any Government
department/agency, Public Sector Undertaking (PSU), institution/ autonomous
organizations in the past.
5. I/We have visited the Project site/s and ascertaining for myself/ourselves the site
conditions, location, surroundings, climate, availability of power, water & other
utilities, access to site, weather data, applicable laws and regulations, and any other

Page 68 of 95
 matter considered relevant for execution of work as per the terms and conditions of
this RFP.

Yours faithfully,

Date: (Signature, name and designation of the Bidder/Authorised signatory)

Place: Name and seal of Bidder
Enclosures:
1. Form 1 - Particulars of the Bidder/JV members
2. Form 2 – Financial Capacity of the Bidder/JV members
3. Form 3- Particulars of Key personnel
4. Form-4- Experience of Bidder/JV members
5. Form-5- Eligible Assignments of Bidder/JV members
6. Form-6- Curriculum Vitae (CV) of Key Personnel
7. Details of Qualified Technical Staff (proposed to be associated for project) along
with Curriculum Vitae

Page 69 of 95
 FORM-1
PARTICULARS OF THE BIDDER

1.1 Title of Bidder:

1.2 Title of Project:

1.3 State the following:

Name of Bidder:
Legal status (e.g. proprietor/ company/partnership/LLP etc.):
Country of incorporation:
Registered address:
Year of Incorporation:
Year of commencement of business:
Principal place of business:
Brief description of the Bidder including details of its main lines of business:
Name, designation, address and phone numbers of authorised signatory of the
Bidder:
Name:
Designation:
Company:
Address:
Phone No.:
E-mail address
1.4 For the Bidder, state the following information:
i. Has the Bidder been ineligible under the provisions of Section 29A of the
Insolvency & Bankruptcy Code, 2016 to participate in the process relating
to the Potential Transaction(s);
Yes/No:
ii. Has the bidder been involved in any major litigation that may have an
impact of affecting or compromising the delivery of services as required
under the contract.
Yes/No:
iii. Has the bidder been debarred/blacklisted/defaulted by any Government
department/agency, Public Sector Undertaking (PSU), institution/
autonomous organizations in the past
Yes/No:
Note: If answer to any of the questions at (i) to (iii) is yes, the Bidder is not
eligible for this consultancy assignment

(Signature, name and designation of the authorised signatory)

For and on behalf of ………………..______________

Note: In case of Joint Venture, each member shall submit information as per format

Page 70 of 95
 FORM-2
FINANCIAL CAPACITY OF THE BIDDER

To,
Managing Director
Mahasamruddhi Renewable Energy Ltd.
Rajiv Gandhi Sea Link Project Office,
Bandra Reclamation, Bandra West, Mumbai - 400 050

Sub: Summary of Financial Statement

Ref: Request for Proposal for Appointment of Renewable Energy Consultant for carrying
out Feasibility Study, preparation of Detailed Project Report, Bid Process
Management, Carbon Credit Trading & Project Management Consultancy Work for
the proposed Solar Energy Projects along t he Hindu Hrudaysamrat
Balasaheb Thackeray Maharashtra Samruddhi Mahamarg

Dear Sir,
This is to certify that.............. [Insert name of Bidder/JV member] (The “Bidder”)
having its Registered Office at.............. [Insert Registered Address of the Bidder/JV member]
with PAN No.............[Insert PAN No. of the Bidder/JV member] is in the business of.............
[Insert briefly the nature of the business], has recorded the following turnovers and net
worth:

For
Financial Year Turnover (in INR) Net worth ( in INR) official use
Audited Statement
attached
2018-19 Yes/ No
2019-20 Yes/ No
2020-21 Yes/ No
2021-22 Yes/ No
2022-23 Yes/ No

All figures indicated herein are arrived from the Audit Reports of the Bidder/Jv
member duly submitted with the Income Tax Department

Yours Sincerely

(name and official seal of the Audit

Firm/Chartered Accountant)

 In case the Bidder does not have a statutory auditor, it shall provide the certificate
from its chartered accountant that ordinarily audits the annual accounts of the Bidder.
 In case of Joint Venture, each member shall submit information as per format

Page 71 of 95
 FORM-3
PARTICULARS OF KEY PERSONNEL

Sr. Designation of Name Educational Length of Employed No. of

No. Key personnel Qualificatio Professional Since Eligible
n Experience Assignment
s
1 2 3 4 5 6 7

(Signature, name and designation of the authorised signatory)

For and on behalf of ………………..______________

Page 72 of 95
 FORM-4
EXPERIENCE OF BIDDER

[Link] Name of the Project Name of the Estimated/ actual

Client cost of Project (in
INR)
1 2 3 4

 The Bidder should provide details of only those projects that have been undertaken
by it under its own name (Name as submitted in the Bid Document) and same shall
be supported by certificate issued by competent authority as prescribed in the RFP
document.
 The names and chronology of assignments included here should conform to the
project-wise details submitted in Form-6.

Note: In case of Joint Venture, each member shall submit information as per format

Page 73 of 95
 FORM-5
ELIGIBLE ASSIGNMENTS OF BIDDER

Name of the Bidder

Name of the Project
Capacity of the project (MW)
Period of assignment
Description of services performed by the
Bidder firm:
Name of client and Address:
(Indicate whether public or private entity)
Name, telephone no. and email id of client’s
representative:
Estimated capital cost of Project (in INR):
Payment received by the Bidder (in INR ):
Start date and finish date of the services
(month/ year):
Brief description of the Project:

Notes:
1. Use separate sheet for each Eligible Project.
2. The Bidder may attach separate sheets to provide brief particulars of other relevant
experience of the Bidder.

Note: In case of Joint Venture, each member shall submit information as per format

Page 74 of 95
 FORM-6
CURRICULUM VITAE (CV) OF KEY PERSONNEL

1. Proposed Position:
2. Name of Personnel:
3. Date of Birth:
4. Nationality:
5. Educational Qualifications:
6. Employment Record:(Starting with present position, list in reverse order every
employment held.)
7. List of projects on which the Personnel has worked
Name of project:
Description of responsibilities:

8. Details of the current assignment and the time duration for which services are required
for the current assignment
9. Certification:
i. I am willing to work on the Project and I will be available for entire duration of
the Project assignment as required.
ii. I, the undersigned, certify that to the best of my knowledge and belief, this CV
correctly describes me, my qualifications and my experience.

(Signature and name of the Key Personnel)

Place.........................................

(Signature and name of the authorised signatory of the Bidder)

Notes:
1. Use separate form for each Key Personnel
2. The names and chronology of assignments included here should conform to the project-
wise details submitted in Form-4.
3. Each page of the CV shall be signed in ink and dated by both the Personnel concerned and
by the Authorised Representative of the Bidder along with the seal of the Bidder.
Photocopies will not be considered for evaluation.

Page 75 of 95
 Form 7
Details of Qualified Technical Staff (proposed to be associated for project) along with
Curriculum Vitae
Sr. Educational Position in Years of
No. Name Qualification the Firm Relevant Expertise
Experience
1
2
3
4
5
6

Format of Curriculum Vitae (to be provided by all the Team Members including Team
Leader)
1. Name of Staff: _______________
2. Proposed Position: ______________
3. Employer: ____________________
4. Date of Birth:_____________________ Nationality:______________
5. Education:
School, college and/or Degree/certificate or other Year Obtained
University Attended specialized education
obtained

6. Countries of Work Experience: ____________

7. Languages: ________________
8. Employment Record:__________________
9. Work Undertaken that Best Illustrates Capability to Handle the Tasks defined
in the scope of work:
Name of assignment or project: _________ Year:___ Location:________________
Client:_______________ Main project features: __________________
Positions held: _________ Activities performed:__________________

Note: Kindly submit copies of CV and appropriate certifications with this sheet.
Additional sheets may be used to provide accurate information.

APPENDIX II
DRAFT AGREEMENT

Project Title: Request for Proposal for Appointment of Renewable Energy Consultant for
carrying out Feasibility Study, preparation of Detailed Project Report, Bid
Process Management, Carbon Credit Trading & Project Management
Consultancy Work for the proposed Solar Energy Projects along t he

Page 76 of 95
 Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra
Samruddhi Mahamarg

This Consulting Services Contract (this “Contract”) is executed on _____day of _____

2024

Between

Maharasamruddhi Renewable Energy Limited a company incorporated and registered under

the Companies Act, 2013 and an SPV of Maharashtra State Road Development Corporation
Ltd. (a fully owned government company and registered under the provision of the
Companies Act, 1956) having its registered office Rajiv Gandhi Sea Link Project Office, K
C Marg, Bandra Reclamation, Bandra West Mumbai – 400 050 (hereinafter referred to as
“MREL/MSRDC or the Authority”)

And

_____________ a ___________ having office at

________________________________(hereinafter referred to as the “Consultant”)

WHEREAS MREL/MSRDC desired to appoint a Consultant for carrying out Feasibility

Study, Preparation of Detailed Project Report, Bid Process Management, Carbon Credit
Trading & Project Management Consultancy Work for the proposed Solar Energy Projects
along t he Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra
Samruddhi Mahamarg

AND WHEREAS the Consultant submitted its proposal to MREL/MSRDC pursuant to the
tender notice dated ____________ and showed its willingness to perform the consulting
services:

AND WHEREAS, the proposal of the Consultant being the successful and lowest for a sum
of Rs. ____________inclusive of all taxes except GST, was accepted by MREL/MSRDC
vide a Letter of Acceptance dated ______________.

AND WHEREAS the consultant, pursuant to the issuance of LOA has also submitted a
performance security in the form of bank guarantee drawn in favour of Mahasamruddhi
Renewable Energy Limited for a sum of Rs. ___________(Rupees ________only) dated
_______ valid upto _________payable at Mumbai

AND WHEREAS in compliance with the LOA the parties hereto desire to record the terms
agreed upon between the parties.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of the RFP.
2. The following documents shall be deemed to form and be read and construed as part of
the Agreement, namely:

Documents Part-I

Page 77 of 95
 a) The Letter of Acceptance
b) The RFP document;
c) The Appendices, namely:
Appendix I ______________
Appendix II _______________
Appendix III ____________
Appendix IV _____________
Appendix V _____________
Appendix VI _____________
Appendix VII _____________
Appendix VIII _____________

Documents Part-II

a. Letter of Invitation/Notice inviting Consultancy

b. Correspondence during negotiation

3. In consideration of the payments to be made by the Authority to the Consultant as

hereinafter mentioned the Consultant hereby agreed with the Authority to perform the
Services in conformity with the provisions of the RFP/this Agreement.

4. The Authority hereby agrees to pay the Consultant in consideration of the performance
of the Services such amounts as may become payable under the provisions of this
Agreement at the times and in the manner prescribed by the Agreement.

5. Notices
(a) Any notice or request under this Contract shall be in writing and shall be deemed
to be duly given or made when it has been delivered by hand, mail or e-mail by
either Party to the other at the address below or such other address as either
Party may notify to the other Party, to the attention of the persons specified
below:

For MSRDC: Attention: Jt. Managing Director

Address: Rajeev Gandhi Sea Link Project
office, K C Marg, Bandra
Reclamation, Bandra (W.), Mumbai-
400050
E-mail: jmd3@[Link]

For the Consultant: Attention: ___________

Address __________
E-mail: _______________

(b) For the purpose of coordination of the performance of the Services under this
Contract, the project managers of the Parties shall be:

For MREL: Attention: Shri. Narendra Toke

E-mail: cgmenv@[Link]

For the Consultant: Attention: _____________

Page 78 of 95
 E-mail: ________________

6. Effective Date and Expiry

This Contract shall become effective on the date of this agreement and shall expire on
_____________, unless terminated earlier in accordance with Clause ____of Section
_____.

IN WITNESS WHEREOF, the Parties have caused this Consulting Services Contract to be
duly executed by their duly authorized representatives on the respective dates specified
below.

Signed and Delivered by

__________________, )
the Jt Managing Director for and on behalf of)
Mahasamruddhi Renewable Energy Ltd )

In the presence of: )

1)_______________________ )

Address__________________ )

2)_______________________ )
Address__________________ )

Signed and Delivered by

_______________, the ______________ )
for and on behalf of )
_______________________ )

In the presence of: )

1)_________________ )
Address___________________ )
2)_______________________ )
Address__________________ )

Page 79 of 95
 APPENDIX - III
POWER OF ATTORNEY
Know all men by these presents, we, ......................................... (name of Bidder and address of
the registered office) do hereby constitute, nominate, appoint and authorise Mr /
Ms........................................ son/daughter/wife and presently residing at
........................................, who is presently employed with us and holding the position of
.................... as our true and lawful attorney (hereinafter referred to as the “Authorised
Representative”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our Proposal for Request
for Proposal (RFP) for Appointment of Renewable Energy Consultant for carrying out
Feasibility Study, preparation of Detailed Project Report, Bid Process Management,
Carbon Credit Trading & Project Management Consultancy Work for the proposed Solar
Energy Projects along t he Hindu Hrudaysamrat Balasaheb Thackeray
Maharashtra Samruddhi Mahamarg invited by Mahasamruddhi Renewable Energy
Limited (“the Authority”) including but not limited to signing and submission of all applications,
proposals and other documents and writings, participating in meetings and other conferences and
providing information/ responses to the Authority, representing us in all matters before the
Authority, signing and execution of all contracts and undertakings consequent to acceptance of
our proposal and generally dealing with the Authority in all matters in connection with or
relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till
the entering into of the Agreement with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or
caused to be done by our said Authorised Representative pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said
Authorised Representative in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us.

IN WITNESS WHEREOF WE, .................... THE ABOVE-NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS .................... DAY OF ....................,
2024

For .......................................

(Signature, name, designation and address)

Witnesses:
1.
2.

Accepted
........................................
(Signature, name, designation and address of the Attorney)
Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required the same should be under common seal affixed in accordance with the required
procedure. The Power of Attorney should be executed on a non-judicial stamp paper of Rs. 100
(One Hundred) and duly notarised by a notary public.
Wherever required, the Bidder should submit for verification the extract of the charter
documents and other documents such as a resolution/power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is
being issued.
 APPENDIX IV
FINANCIAL PROPOSAL
COVERING LETTER
(On Bidder’s letter head)

(Date and Reference)

To,
Managing Director,
Mahasamruddhi Renewable Energy Ltd
Mumbai.

Sub: Request for Proposal for Appointment of Renewable Energy Consultant for carrying out
Feasibility Study, preparation of Detailed Project Report, Bid Process Management,
Carbon Credit Trading & Project Management Consultancy Work for the proposed Solar
Energy Projects along t he Hindu Hrudaysamrat Balasaheb Thackeray
Maharashtra Samruddhi Mahamarg

Dear Sir,

I/We, _____________ (Bidder’s name) herewith enclose the Financial Proposal for selection of
my/our firm as Consultant for above subject work.

I/We agree that this offer shall remain valid for a period of 180 (one hundred eighty) days from
the bid due date or such further period as may be mutually agreed upon.

I/We shall be bound by the communication of acceptance of offer, in case of acceptance by the
Authority within the aforesaid time.

In the event of my/our offer being accepted by the Authority, I/We agree to duly furnish the
Performance Security to the Authority and execute the agreement within the period prescribed in
the RFP document.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

Encl.: Financial Proposal Summary of Costs

Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.
 APPENDIX V

FINANCIAL PROPOSAL
SUMMARY OF COSTS

Part A - Schedule for RE Consultancy

Sr. Rate GST Total

No. Description of Item Unit (in Rs.) (inRs.) Amount
(In Rs)
1. Preparation of Peer review study, Lump
Detailed Project Report, Bid Sum
Process Management, & Project
Management Consultancy work,
etc.
Total

Part B - Schedule for Carbon Credit Consultancy

Sr. Rate GST Total

No. Description of Item Unit (in Rs.) (inRs.) Amount
(In Rs)
1. Consultancy work for the Carbon Lump
Credit Calculations, analysis and Sum
trading
Total

Note:
1. Price bid shall be strictly filled online only.
2. The financial evaluation shall be based on the above Financial Proposal.
3. No escalation on any account will be payable on the above amounts.
4. All other charges not shown here and all insurance premiums are considered included in the
man day rate/ overhead/ miscellaneous expenses
5. The Financial Proposal shall take into account all expenses and tax liabilities. For the
avoidance of doubt, it is clarified that all taxes shall be deemed to be included in the costs
(except GST. GST will be paid as per prevailing rates.) shown under different items of the
Financial Proposal. Further, all payments shall be subject to deduction of taxes at source as
per Applicable Laws.
 APPENDIX VI
Format for Joint Bidding Agreement for Joint Venture
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of …………
20…
AMONGST
1. {………… Limited, and having its registered office at …………} (hereinafter referred to
as the “First Part” which expression shall, unless repugnant to the context include its successors
and permitted assigns)
AND
2. {………… Limited, having its registered office at …………} and (hereinafter referred to
as the “Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
3. {………… Limited, and having its registered office at …………} (hereinafter referred to
as the “Third Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
The above-mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) Mahasamruddhi Renewable Energy Ltd (SPV of Maharashtra State Road Development
Corporation Ltd.) represented by its Managing Director and having its principal offices at
Gajiv Gandhi Sea Link Project Office, Bandra Reclamation, Bandra West, Mumbai-
400050 (hereinafter referred to as the “Authority” which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and
assigns) has invited bids (the Bids”) by its Request for Proposal No. ………… dated
…………(the “RFP”) for Appointment of Renewable Energy Consultant for carrying out
Feasibility Study, preparation of Detailed Project Report, Bid Process Management,
Carbon Credit Trading & Project Management Consultancy Work for the proposed Solar
Energy Projects along t he Hindu Hrudaysamrat Balasaheb Thackeray
Maharashtra Samruddhi Mahamarg (the “Project”)”.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint Venture
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Joint Venture
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalized terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the RFP.
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”) for
the purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this Joint
Venture and not individually and/ or through any other Joint Venture constituted for this
Project, either directly or indirectly.
3. Covenants
 The Parties hereby undertake that in the event the Joint Venture is declared the selected
Bidder and awarded the Project, it shall enter into a consultancy Contract with the
Authority for performing all its obligations as the Contractor in terms of the RFP for the
Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall
have the power of attorney from all Parties for conducting all business for and on
behalf of the Joint Venture during the Bidding Process and for performing all its
obligations as the Contractor in terms of the RFP for the Project;
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint Venture.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the RFP and the
consultancy Contract, till such time as the completion of the Project is achieved under
and in accordance with the Contract.
6. Share of work in the Project
The Parties agree that the proportion of share of each member of the Joint Venture in the
execution of the project shall be as follows:
First Party:
Second Party:
Third Party:
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing and in good standing under the laws
of its incorporation and has all requisite power and authority to enter into this
Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has
been authorised by all necessary and appropriate corporate or governmental action
and a copy of the extract of the charter documents and board resolution/ power of
attorney in favour of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the Joint Venture
Member is annexed to this Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to
it;
(iii) violate the memorandum and articles of association, by-laws or other
applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other
governmental authorisation, approval, judgement, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party is a party or by which such Party or any of its properties or assets are
bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
 aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;
(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge, threatened
to which it or any of its Affiliates is a party that presently affects or which would
have a material adverse effect on the financial condition or prospects or business
of such Party in the fulfillment of its obligations under this Agreement.

8. Termination
This Agreement shall be effective from the date hereof and shall continue in full force
and effect until Project completion is achieved under and in accordance with the
consultancy Contract, in case the Project is awarded to the Joint Venture. However, in
case the Joint Venture is either not pre-qualified for the Project or does not get selected
for award of the Project, the Agreement will stand terminated in case the Applicant is not
pre-qualified.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of India.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN
SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of: 1.
2.
1………………. 2.............................
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of
the Joint Venture Member.
Note: Original copy to be submitted in physical submission.
 Appendix VII
Format for Power of Attorney for Lead Member of Joint Venture
(To be executed on Stamp paper of appropriate value)

WHEREAS the ***** (“the Authority”) has invited bids from interested bidder for
Appointment of Renewable Energy Consultant for carrying out Feasibility Study, preparation of
Detailed Project Report, Bid Process Management, Carbon Credit Trading & Project
Management Consultancy Work for the proposed Solar Energy Projects a long t he Hindu
Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg (the
“Project”).

WHEREAS, …………………….., …………………….., …………………….. and

…………………….. (collectively the “Joint Venture”) being Members of the Joint Venture are
interested in bidding for the Project in accordance with the terms and conditions of the Request
for Proposal (RFP) and other bid documents including agreement in respect of the Project, and

WHEREAS, it is necessary for the Members of the Joint Venture to designate one of them as the
Lead Member with all necessary power and authority to do for and on behalf of the Joint
Venture, all acts, deeds and things as may be necessary in connection with the Joint Venture’s
bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …………………….. having our registered office at …………………….., M/s.

…………………….. having our registered office at …………………….., M/s.
…………………….. having our registered office at …………………….., and
…………………….. having our registered office at …………………….., (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate,
constitute, appoint and authorize M/S …………………….. having its registered office at
…………………….., being one of the Members of the Joint Venture, as the Lead Member and
true and lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”). We
hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business
for and on behalf of the Joint Venture and any one of us during the bidding process and, in the
event the Joint Venture is awarded the contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the Joint Venture, all or any of such acts, deeds or
things as are necessary or required or incidental to the submission of its bid for the Project,
including but not limited to signing and submission of all applications, bids and other documents
and writings, participate in pre bid and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to acceptance
of the bid of the Joint Venture and generally to represent the Joint Venture in all its dealings with
the Authority, and/ or any other Government Agency or any person, in all matters in connection
with or relating to or arising out of the Joint Venture’s bid for the in all respect Project and/ or
upon award thereof till the consultancy Contract is entered into with the Authority & completed.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us/ Joint Venture.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For ……………………..
(Signature)
……………………..
(Name & Title)

For ……………………..
(Signature)
……………………..
(Name & Title)

For ……………………..
(Signature)
……………………..
(Name & Title)

(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:
1.
2.

Notes:
■ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
■ Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
■ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.
■ Original copy to be submitted in the physical submission
 Appendix VIII

FORMAT OF BANK GUARANTEE FOR BID SECURITY

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to the
place of execution.)

Ref.____________ Bank Guarantee No._____________

Date:_____________

In consideration of the ___________[Insert name of the Bidder] (hereinafter referred to as

'Bidder') submitting the response to NIT inter alia for ___________(name of project) in response
to the Tender No.____________ dated ____ issued by the Mahasamruddhi Renewable Energy
Ltd (hereinafter referred to as the MREL) and considering such response to the NIT of
………[insert the name of the Bidder] as per the terms of the NIT, the _______________ [insert
name & address of bank] hereby agrees unequivocally, irrevocably and unconditionally and
without any demur, reservation, recourse, contest or protest and without referring to the
__________(name of the Bidder) to pay to the MREL at Mumbai forthwith on demand in
writing from MREL or any Officer authorized by it in this behalf, any amount upto and not
exceeding Rupees _______Insert amount]only, on behalf of M/s. _______________________
[Insert name of the Bidder] .

This guarantee shall be valid and binding on this Bank upto and including ___________[insert
date of validity in accordance with RFP] and shall not be terminable by notice or any change in
the constitution of the Bank or the term of contract or by any other reasons whatsoever and our
liability hereunder shall not be impaired or discharged by any extension of time or variations or
alternations made, given, or agreed with or without our knowledge or consent, by or between
parties to the respective agreement.

Our liability under this Guarantee is restricted to Rs. ___________ (Rs.

________________________ only). Our Guarantee shall be irrevocable and shall remain in
force until ________________ [insert date of validity in accordance with RFP] or such extended
period upon written request of the beneficiary as may be mutually agreed between the MREL
and the Bidder. MREL shall be entitled to invoke this Guarantee till ________[Insert date which
is 120 days after the date in the preceding sentence].

The Guarantor Bank hereby agrees and acknowledges that the MREL shall have a right to invoke
this BANK GUARANTEE in part or in full, as it may deem fit.

The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the
written demand by MREL, made in any format, raised at the above-mentioned address of the
Guarantor Bank, in order to make the said payment to MREL.

The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by ____________ [Insert name of the Bidder]
and/or any other person.
Guarantor Bank shall not require MREL to justify the invocation of this BANK GUARANTEE,
nor shall the Guarantor Bank have any recourse against MREL in respect of any payment made
hereunder.

This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Mumbai shall have exclusive jurisdiction.

The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against the
Guarantor Bank in the manner provided herein.

This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly
MREL shall not be obliged before enforcing this BANK GUARANTEE to take any action in any
court or arbitral proceedings against the Bidder, to make any claim against or any demand on the
Bidder or to give any notice to the Bidder or to enforce any security held by MREL or to
exercise, levy or enforce any distress, diligence or other process against the Bidder.

We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only if
MREL serves upon us a written claim or demand.

We the Bank, further undertake not to revoke this bank guarantee during its currency except with
the previous express consent of the MREL in writing.

The bank declared that it has the power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorized and has full power to execute this
Guarantee for and on behalf of the Bank.

Notwithstanding anything contained herein above,

 Our liability under this bank guarantee shall not exceed Rs. ___________
 This bank guarantee shall be valid upto _________(insert date which is 180 days after
the last date of submission)
 We are liable to pay the guarantee only and only if you serve upon us a written claim or
demand on or before _________(date of expiry of guarantee which shall be date which is
120 days after the date mentioned in point above)

Signature ____________________

Name___________________

Power of Attorney No._______________

For______[Insert Name of the Bank]__
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
Bank Contact Details & E Mail ID is to be provided
 Appendix IX

FORMAT OF BANK GUARANTEE FOR PERFORMANCE SECURITY

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to the
place of execution.)
To,
The Managing Director,
Mahasamruddhi Renewable Energy Ltd,
Opp. Bandra Reclamation Bus Depot,
Near Lilawati Hospital, K.C. Marg,
Bandra (West) Mumbai – 400050
WHEREAS:
(A) ___________________ [name and address of Consultant] (hereinafter called the
“Consultant”) and has submitted bid for Request for Proposal for Appointment of
Renewable Energy Consultant for carrying out Feasibility Study, preparation of Detailed
Project Report, Bid Process Management, Carbon Credit Trading & Project Management
Consultancy Work for the proposed Solar Energy Projects along t he Hindu
Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg
invited by [name and address of the Authority], (hereafter called the “Authority”)
(B) The said Consultant being the successful bidder has been issued Letter of
Acceptance dated _______ by the Authority.
(C) The Letter of acceptance requires the Consultant to furnish a performance
Security for due and faithful performance of its obligations, under and in accordance with
the Request for Proposal, during the contract Period in a sum of Rs.____________ Cr.
(Rupees ______________ Crore) (the “Guarantee Amount”).
(D) We, _____________ through our branch at ____________ (the “Bank”) have
agreed to furnish this bank guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follow:
1 The Bank hereby unconditionally and irrevocably guarantee the due and faithful
performance of the Consultant’s obligations during the entire contract Period under and
in accordance with the contract, and agrees and undertakes to pay to the Authority, upon
its mere first written demand, and without any demur, reservation, recourse, contest or
protest, and without any reference to the Consultant, such sum or sums up to an
aggregate sum of the Guarantee Amount as the Authority shall claim, without the
Authority being required to prove or to show grounds or reasons for its demand and /or
for the sum specified therein.
2 A letter from the Authority, under the hand of an officer not below the rank of Chief
General Engineer in the Mahasamruddhi Renewable Energy Ltd or Maharashtra State
Road Development Corporation Ltd, that the Consultant has committed default in the
due and faithful performance of all or any of its obligations under and in accordance
with the Agreement shall be conclusive, final and binding on the Bank. The Bank
further agrees that the Authority shall be the sole judge as to whether the Consultant is
in default in due and faithful performance of its obligations during and under the
Agreement and its decision that the Consultant is in default shall be final and binding on
the Bank, notwithstanding any differences between the Authority and the Consultant, or
 any dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Consultant for any reason whatsoever.
3 In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Consultant
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligations of the Bank
under this Guarantee.
4 It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Consultant before presenting to the Bank its demand under this
Guarantee.
5 The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the
Agreement or to extend the time or period for the compliance with, fulfillment and/or
performance of all or any of the obligations of the Consultant contained in the Agreement
or to postpone for any time, and from time to time, any of the rights and powers
exerciseable by the Authority against the Consultant, and either to enforce or forbear
from enforcing any of the terms and conditions contained in the Agreement and/or the
securities availbale to the Authority, and the Bank shalll not be released from its liability
and obligation under these presents by any exercise by the Authority of the liberty with
reference to the matters aforesaid or by reason of time being given to the Consultant or
any other forbearance, indulgence, act or omission on the part of the Authority or of any
other matter or thing whatsover which under any law relating to sureties and guarantors
would but fot this provision have the effect of releasing the Bank from its liability and
obligation under the Guarantee and the Bank hereby waives all of its rights under any
such law.
6 This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the
Agreement or for the fulfillment, compliance and /or performance of all or any of the
obligations of the Consultant under the Agreement.
7 Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this gurantee will remain in force
for the period specificed in paragraph 8 below and unless a demand or claim in writing is
made by the Authority on the Bank under this Guarantee all rights of the Authority under
this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities
hereunder.
8 The Guarantee shall come into force and effect on ________. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.
9 The Bank undertakes not to revoke this Gurantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it has
the power to issue this Guarantee and the undersigned has full powers to do do on behalf
of the Bank.
10 Any notice by way of request, demand or otherwise hereunder may be sent by email or
post addressed to the Bank at its above referred branch email address or postal address as
the case may be, which shall be deemed to have been duly authorised to receive such
notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to
have been given at the time when it ought to have been delivered in due course of post
and in proving such notice, when given by post, it shall be sufficient to prove that the
 envelope containing in the notice was posted and a certificate signed by an officer of the
Authoirty that the envelope was so posted shall be conclusive.
11 This Gurantee shall come into force with immediate effect and shall remain in force and
effect for up to the date specified in paragraph 8 above or untill it is released earlier by
the Authority pursuant to the provisions of the Agreement.
Signed and sealed this _______ day if ______ 20 _____ at ______ SIGNED, SEALED
AND DELIVERED
For and on behalf of the Bank by: (Signatue)
(Name) (Designation) (Code Number) (Address)
Notes:
(i) The bank guarantee should contain the name, designation and code number of the
officer(s) signing the guarantee.
(ii) The address, telephone number, email id and other details of the head office of the
Bank as well as of issuing branch should be mentioned on the covering letter of
issuing branch.