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RFP For Technology Consultant - APHSL - APHSL

The document is a request for proposal from Andhra Pradesh High-Grade Steels Limited for selecting a technology consultant to provide consultancy services to support setting up an integrated steel plant in Kadapa, India. It outlines the background of the project, instructions for bidders, evaluation criteria, and schedule of events for the bidding process. Bidders are required to submit a compliant technical and commercial proposal by the deadline and will be evaluated based on criteria such as relevant experience, proposed methodology, and financial quote. The consultant selected will be expected to assist APHSL in setting up the integrated steel plant.

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Sital Paul
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0% found this document useful (0 votes)
156 views48 pages

RFP For Technology Consultant - APHSL - APHSL

The document is a request for proposal from Andhra Pradesh High-Grade Steels Limited for selecting a technology consultant to provide consultancy services to support setting up an integrated steel plant in Kadapa, India. It outlines the background of the project, instructions for bidders, evaluation criteria, and schedule of events for the bidding process. Bidders are required to submit a compliant technical and commercial proposal by the deadline and will be evaluated based on criteria such as relevant experience, proposed methodology, and financial quote. The consultant selected will be expected to assist APHSL in setting up the integrated steel plant.

Uploaded by

Sital Paul
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

RFP for Technology Consultancy

Andhra Pradesh High-Grade Steels Limited


(APHSL)
(A Government of Andhra Pradesh Undertaking)

Request for Proposal


SELECTION OF TECHNOLOGY
CONSULTANT

for Providing
Technology Consultancy Services to support APHSL in
setting-up an Integrated Steel Plant at YSR Kadapa District,
A.P.

Ref No:
03/DIR/APHSL/Engg./Consultancy/2020-21
Dated 17.07.2020

Request for Proposal – Selection of Technology Consultant for providing support to APHSL
in setting-up Integrated Steel Plant in Kadapa, A.P. 1|Page
RFP for Technology Consultancy

DISCLAIMER

The information contained in this Request for Proposal document (“RFP”) or subsequently provided
to bidders, whether verbally or in documentary or any other form by or on behalf of APHSL or any of
its employees or Firms, is provided to Bidders 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 or an offer by APHSL 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 the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect
various assumptions and assessments arrived at by APHSL in relation to the Firm.
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 APHSL,
its employees or Firms to consider the objectives, technical expertise and particular needs of each party
who reads or uses this RFP. The assumptions, assessments, statements and information contained in
this RFP, 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 and information contained in this RFP and obtain
independent advice from appropriate sources.
Information provided in this RFP to the Bidders may be 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. APHSL accepts no responsibility for the accuracy or otherwise for any interpretation or opinion
on the law expressed herein.
APHSL, its employees and Firms make no representation or warranty and shall have no liability to
any person including any 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, reliability or completeness of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this RFP or arising
in anyway in this Selection Process.
APHSL also accepts no liability of any nature whether resulting from negligence or otherwise however
caused arising from reliance of any Bidder upon the statements contained in this RFP.
APHSL may in its absolute discretion, but without being under any obligation to do so, update, amend
or supplement the information, assessment or assumption contained in this RFP.

Request for Proposal – Selection of Technology Consultant for providing support to APHSL
in setting-up Integrated Steel Plant in Kadapa, A.P. 2|Page
RFP for Technology Consultancy

SCHEDULE OF EVENTS & BID DETAILS


RFP Reference 03/DIR/APHSL/Engg./Consultancy/2020‐21 Dated
17.07.2020
Brief Description of RFP RFP for Selection of Technology Consultant to provide
Technology consultancy services to support APHSL in
setting up an Integrated Steel Plant at Kadapa, A.P.
Date of commencement of issue of 18-Jul-2020 at 6:00 PM onwards.
RFP
Last date for receipt of RFP Queries/ 24-Jul-2020 are to be submitted as per the format in
reporting any error by e- mail Appendix-4
Pre-Bid Meeting No Pre-Bid Meeting. Clarification/ Responses shall be
uploaded on [Link]
Place of submission of Bids To be uploaded in official website of AP High-Grade
Steels limited at [Link]
Last date and time for submission Of 01-Aug-2020 @ 3:00 PM
Bidding Document ( Soft Copy in
APHSL Website )
Last date and time for submission Of 03-Aug-2020 @ 5:00 PM
Bidding Document ( Hard Copy)
Date and Time of opening of Techno- 01-Aug-2020 @ 4:00 PM
Commercial Bid
Date and Time of opening of Price Bid 10-Aug-2020 @ 3:00 PM
Contact Numbers/ e-mail Mr Balaram Bandi, Director-Projects,
Email id : [Link]@[Link]
Mob No: +91 99490 06631
Application Money Non-refundable Rs.10,000/- (Rupees Ten Thousand only
) in the form of electronic transfer to APHSL Bank
Account
A/c No:119311100002175
IFSC Code: ANDB0001193
Bank Name: ANDHRA BANK
Bank Details: TADIGADAPA BRANCH
Earnest Money Deposit (EMD) INR 1,00,000/- (INR One Lakh only) in the form of BG
in favor of Managing Director, AP High Grade Steels
Limited, Vijayawada valid for 180 days. Scanned copy
of EMD document should be uploaded on APHSL
website. The original EMD should be submitted to the
office of Director Projects, APHSL
Price Bid (For Selection of Bidder to The Price bids of only those bidders who qualify in the
provide Technology Consultancy for Techno-Commercial Evaluation will be opened.
APHSL)
Request for Proposal – Selection of Technology Consultant for providing support to APHSL
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RFP for Technology Consultancy

Table of Contents

Contents
DISCLAIMER..................................................................................................................................2
SCHEDULE OF EVENTS & BID DETAILS ...............................................................................3
1 Fact Sheet ..................................................................................................................................6
2 Background Information .........................................................................................................8
2.1 Basic Information ................................................................................................................8
2.2 Project Background .............................................................................................................8
2.3 Request for Proposal ...........................................................................................................9
2.4 Due diligence by bidders .....................................................................................................9
3 Instructions to the Bidders.......................................................................................................9
3.1 General ................................................................................................................................ 9
3.2 Compliant Proposals / Completeness of Response ............................................................. 9
3.3 Pre-Bid Meeting & Clarifications .....................................................................................10
3.4 Key Requirements of the Bid ............................................................................................ 11
3.5 Preparation and submission of Proposal ...........................................................................13
3.6 Deviations.......................................................................................................................... 13
3.7 Evaluation process.............................................................................................................13
3.8 Consortiums/ Sub-Contracting .......................................................................................... 15
3.9 Criteria for Evaluation .......................................................................................................15
3.10 Appointment of Consultant ............................................................................................... 20
3.11. Fraud and Corrupt Practices ................................................................................................ 22
3.12. Conflict of Interest ..............................................................................................................23
3.13. Scope of work......................................................................................................................25
3.14. Means of Execution .............................................................................................................30
3.15. Payment Schedule ...............................................................................................................30
Payment Terms & Conditions ......................................................................................................31
3.16 Support to be provided by APHSL ......................................................................................31
3.17 Change Request ....................................................................................................................32
3.18 Indemnity ............................................................................................................................. 32
3.19 Termination .......................................................................................................................... 32
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RFP for Technology Consultancy

3. 20 Intellectual Property Rights .................................................................................................32


3.21 Liquidated Damages .............................................................................................................32
Appendix I: Pre-Qualification & Techno-Commercial Bid Templates ................................ 34
FORM - I Technology Consultant firm Constitution & Key Personnel .............................. 35
FORM – II Steel Industry Specific Consultancy Experience .................................................36
FORM – III Experience in DPR/Project Feasibility Studies .................................................37
FORM – IV Personnel to be designated for assignment with APHSL ..................................38
FORM – V Financial Capacity of the Bidder ..........................................................................39
FORM – VI Particulars for Selection of Technology Consultant – Technical Bid ..............40
FORM – VII Undertaking by the Bidder ................................................................................42
Appendix II: Price –Bid Templates .......................................................................................... 43
FORM VIII - Particulars for Selection of Technology Consultant – Price Bid ...................44
Appendix III: Performance Bank Guarantee ..........................................................................45
Appendix- IV Format for submitting bidder’s Queries ......................................................... 47
Appendix V : EMD Bank Guarantee .......................................................................................48

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in setting-up Integrated Steel Plant in Kadapa, A.P. 5|Page
RFP for Technology Consultancy

1 Fact Sheet

Clause Reference Details


The method of selection is: Combined Quality cum Cost Based Selection
Section 3.9
(CQCCBS)
The Interested Technical Consultancy Firms have to pay the non-refundable
document Fee of Rs. 10,000/- (Rupees Ten Thousand Only) in the form of
Section 3.4.2 electronic transfer to APHSL Bank Account.
A/c No:119311100002175
IFSC Code: ANDB0001193
Bank Name: ANDHRA BANK
Bank Details: TADIGADAPA BRANCH
The transfer receipt to be enclosed along with the technical Bid envelope
INR 1,00,000/- (INR One Lakh only) in the form of BG in favor of Managing
Director, AP High Grade Steels Limited, Vijayawada valid for 180 days.
Section 3.4.3 Scanned copy of EMD document should be uploaded on APHSL website. The
original EMD should be submitted to the office of Director Projects, APHSL

Section 3.15 Payment schedule is milestone based


- The Nodal Agency/Department envisages any downstream work: No
Section 3.5.2 Proposals should be submitted in English
Section 3.9.3 (d) Taxes: The bid price should be inclusive of all applicable taxes excluding GST
as applicable
Section 3.7.2 Proposals must remain valid for 90 days after the submission due-date
Proposals shall be submitted online on APHSL website
[Link]
Section 3.4.4 • The bidders who are desirous of participating in the tender process shall
submit their techno-commercial proposal and price bids separately with
password protection as per the standard formats indicated in the document at
the Appendices I to V.
•The participating bidders are required to provide the passwords to Director -
Projects, APHSL by mail pertaining to techno-commercial bid before 4.00PM
on 01.08.2020 and price bid as and when informed by the APHSL for
opening of the techno-commercial and price bids separately.
•The bidders should sign, scan and upload the respective documents in
Techno- commercial bid documentation as detailed at Appendix I of the RFP
including EMD and Power of Attorney document. The bidders shall sign &
affix stamp on all the statements, documents, certificates uploaded by them,

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in setting-up Integrated Steel Plant in Kadapa, A.P. 6|Page
RFP for Technology Consultancy
owning responsibility for their correctness/ authenticity.
•The price-bid should be quoted online only in the Form VIII at Appendix 2
•In case of discrepancy between the uploaded softcopy Techno- commercial
Proposal and the hardcopy submitted the upload softcopy shall be given
precedence and will form the basis of evaluation and final selection
•Failure to furnish the documents, certificates, will be entitled for rejection of
the bid.
•APHSL shall not hold any responsibility on account of postal delay.
•Similarly, if any of the certificates/documents etc., furnished by the Bidder
are found to be false /fabricated/ bogus, the bidder will be disqualified,
blacklisted, action will be initiated as deemed fit and the Bid guarantee/EMD
will be forfeited.
•APHSL will not hold any risk and responsibility of regulating visibility of the
scanned & uploaded documents. The documents that are uploaded online on
•APHSL portal will only be considered for bid Evaluation.
•The proposal submission address for a hard copy submission is:
Mr Balaram bandi
Director – projects
AP High Grade Steels Limited
9th Floor, APIIC Towers,
Mangalagiri,
Guntur Dist., A.P
Email id : [Link]@[Link]
Mob No: +91 99490 06631
In view of Covid-19 travel restrictions, the bidders may note that the bidders
shall mandatorily submit their bids in the process as mentioned in 3.4.4.
However, care needs to be taken that the documents are clearly visible and
properly named. Also, efforts would be appreciated to submit the hard copy at
the address mentioned.
Section 3.6 Proposals must be submitted not later than the following date and time:
01-Aug-2020 @ 3:00 PM
Section 3.3 No Pre-Bid Meeting. All Queries shall be mailed before 24th July 2020 and the
responses shall be uploaded on [Link]

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RFP for Technology Consultancy

2 Background Information

2.1 Basic Information


a) Andhra Pradesh High-Grade Steels Limited (APHSL), a wholly owned company of
Government of Andhra Pradesh (GoAP) invites responses (“Proposals”) to this Request for
Proposals (“RFP”) from Technology Consultancy firms (“Bidders”) for the provision of
the Technology Consultancy services as described in Section 3.13 of this RFP, “Scope of
Work” (“the Services”).
b) Any contract that may result from this public procurement competition will be issued for a
term of six months from the date of Signing of the Agreement (“the Term”).
c) APHSL reserves the right to extend the Term for a period of up to one year (twelve months)
(including original contract period) with a maximum of five such extensions with the
same terms and conditions.
d) Proposals must be received not later than time, date and at venue mentioned in the Fact
Sheet. Proposals that are received after the deadline WILL NOT be considered in this
procurement process.

2.2 Project Background


a) The erstwhile state of Andhra Pradesh was reorganized into two successor states viz.
Andhra Pradesh and Telangana in 2014 as per the Andhra Pradesh Reorganization Act
2014. The establishment of Integrated Steel Plant (ISP) in YSR Kadapa district of the
successor state of Andhra Pradesh is one of the provisions pertaining to Infrastructure
mentioned under the thirteenth schedule of the said Act to promote industrial growth in
AP.
b) Andhra Pradesh High Grade Steels Limited (APHSL), a Special Purpose Vehicle, was
incorporated on November 21, 2019 as a wholly owned company of Government of AP
with a mandate to establish an integrated steel plant at YSR Kadapa District. Subsequently,
the Hon’ble Chief Minister of Andhra Pradesh laid the foundation stone for APHSL in
December, 2019 at Sunnapuraalla Palle village of YSR Kadapa District.
c) APHSL commits itself to the mandate given by the Government of AP to set-up a world-
class steel plant in Kadapa District and intends to achieve the best standards in the industry
by partnering with renowned steel makers/companies of the world to add value to the
project.
d) In this regard, APHSL initiated discussions with the prospective Joint Venture partners and
released a notice inviting Expression of Interest (EoI) from potential Joint Venture partners
and investors for setting up of Integrated Steel Plant at Kadapa, A.P.
e) In pursuance of the same, APHSL proposes to engage the services of a reputed Technology
Consultant to support APHSL at various steps including, but not limited to, engaging a JV
Request for Proposal – Selection of Technology Consultant for providing support to APHSL
in setting-up Integrated Steel Plant in Kadapa, A.P. 8|Page
RFP for Technology Consultancy
partner, finalizing the technology, preparing a Detailed Project Report (DPR) based on the
outcome of discussions with the JV partner which will be basis for preparing packages for
tendering and execution of the project by , Project Management Consultant, technical
inputs for all statutory clearances for the plant and any such relevant activity as mentioned
in the 3.13 SCOPE OF WORK clause and the deliverables shall be submitted to APHSL.

2.3 Request for Proposal


a) APHSL invites Proposals (the “Proposals”) for selection of technology consultancy
firm(“Consultant”) for providing consultancy services and advisory, including but not
limited to, participation of discussion with Prospective JV partners finalizing the
technology, preparing a Detailed Project Report (DPR), technical inputs for all statutory
clearances for the plant and any such relevant activity and advising APHSL on any
technical or techno-commercial aspects till the term of the contract.
b) APHSL would like to engage with one Consultant through a competitive bidding process.

2.4 Due diligence by bidders


a) Bidders are encouraged to inform themselves fully about the assignment and the local
conditions before submitting the Proposal by paying a visit to APHSL, sending written
queries to APHSL and utilising all publicly available information regarding APHSL.
b) The above stated methods to inform oneself is not mandatory but for the Bidder’s sake to
get a clear idea of the project before submission of Proposal.

3 Instructions to the Bidders

3.1 General
a) While every effort has been made to provide comprehensive and accurate background
information and requirements and specifications, Bidders must form their own conclusions
about the technical support and the consultancy services required by APHSL.
b) All information supplied by Bidders may be treated as binding on them, on successful
award of the assignment by APHSL on the basis of this RFP.
c) No commitment of any kind, contractual or otherwise shall exist unless and until a formal
written contract has been executed by or on behalf of APHSL. APHSL may cancel this
public procurement at any time prior to a formal written contract being executed by or on
behalf of APHSL.

3.2 Compliant Proposals / Completeness of Response


a) Bidders are advised to study all instructions, forms, requirements, appendices and other
information in the RFP documents carefully. Submission of the bid / proposal shall be
deemed to have been done after careful study and examination of the RFP document with
full understanding of its implications.
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RFP for Technology Consultancy
b) Failure to comply with the requirements of this paragraph may render the Proposal non-
compliant and the Proposal may be rejected. Bidders must:

i. Comply with all requirements as set out in this RFP.


ii. Submit the forms as specified in this RFP and respond to each element in the
order as set out in this RFP.
iii. Include all supporting documentations specified in this RFP.

3.3 Pre-Bid Meeting & Clarifications

3.3.1 Bidders Queries


a) APHSL shall hold No Pre-Bid Meeting. All Queries shall be mailed before 24.07.2020 and
the responses shall be uploaded on [Link].
b) The Bidders will have to ensure that their queries should be addressed to
Mr Balaram bandi
Director – projects
Email id : [Link]@[Link]
Mob No: +91 99490 06631
c) The queries should necessarily be submitted in the format given in Appendix – IV.
d) APHSL shall not be responsible for ensuring that the bidders’ queries have been received
by them. Any requests for clarifications after the indicated date and time may not be
entertained by the Nodal Agency.

3.3.2 Responses to Pre-Bid Queries and Issue of Corrigendum


a) The Nodal Officer notified by APHSL will endeavor to provide timely response to all
queries. However, APHSL makes no representation or warranty as to the completeness
or accuracy of any response made in good faith, nor does APHSL undertake to answer
all the queries that have been posed by the bidders.
b) All responses to Queries by bidders, issue of corrigendum and any such information
regarding this RFP shall be notified only on
[Link]
c) At any time prior to the last date for receipt of bids, APHSL may, for any reason, at its
own initiative can modify the RFP Document by a corrigendum.
d) Any such corrigendum shall be deemed to be incorporated in this RFP.
e) In order to provide prospective Bidders reasonable time for taking the corrigendum into
account, APHSL may, at its sole discretion, extend the last date for the receipt of
Proposals.

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3.4 Key Requirements of the Bid
3.4.1 Right to Terminate the Process
a) APHSL may terminate the RFP process at any time and without assigning any reason.
APHSL makes no commitments, express or implied, that this process will result in a
business transaction with anyone.
b) This RFP does not constitute an offer by APHSL. The bidder's participation in this
process may result in APHSL selecting the bidder to engage towards execution of the
contract.

3.4.2 RFP Document Fees


The Interested bidders have to pay the non-refundable document Fee of Rs. 10000/- (Rupees
Ten Thousand Only) in the form of electronic transfer to APHSL Bank Account.
A/c No:119311100002175
IFSC Code: ANDB0001193
Bank Name: ANDHRA BANK
Bank Details: TADIGADAPA BRANCH
The transfer receipt to be enclosed along with the Technical Bid envelope

3.4.3Earnest Money Deposit (EMD)


a) Bidders shall submit, along with their Bids, EMD of INR 1,00,000 (INR One Lakh only) in
the form of BG specified in Appendix V in favor of Managing Director, AP High Grade
Steels Limited, Vijayawada valid for 180 days. Scanned copy of EMD document should be
uploaded on APHSL website. The original EMD should be submitted to the office of Director
Projects, APHSL.
b) EMD of all unsuccessful bidders would be refunded by APHSL within thirty working days
of the bidder being notified as being unsuccessful. The EMD, for the amount mentioned
above, of successful bidder would be returned upon submission of Performance Bank
Guarantee as per the format provided in Appendix III.
c) The EMD amount is interest free and will be refundable to the unsuccessful bidders without
interest.
d) The bid / proposal submitted without EMD, as mentioned above, will be summarily rejected.
e) The EMD may be forfeited:
 If a bidder withdraws its bid during the period of bid validity.
 In case of a successful bidder, if the bidder fails to sign the contract in accordance
with this RFP.
 If any of the certificates/documents etc., furnished by the Bidder are found to be
false /fabricated/ bogus.

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3.4.4 Submission of Proposals
a) Proposals shall be submitted online on APHSL website
[Link]
b) The bidders who are desirous of participating in the tender process shall submit their
techno-commercial proposal and price bids separately with password protection as per the
standard formats indicated in the document at the Appendices I-V.
c) The participating bidders are required to provide the passwords to APHSL pertaining to
techno-commercial bid and price bid as and when informed by the APHSL for opening of
the techno-commercial and price bids separately.
d) The bidders should sign, scan and upload the respective documents in Techno-commercial
bid documentation as detailed at Appendix I of the RFP including EMD and Power of
Attorney document. The bidders shall sign & affix stamp on all the statements, documents,
certificates uploaded by them, owning responsibility for their correctness/ authenticity.
e) The hard copies of the Techno-Commercial proposal are to be submitted as per the date
mentioned in NIT.
f) The price bid should be quoted online only in the Form VIII at Appendix II.
g) In case of discrepancy between the uploaded softcopy Techno-commercial Proposal and
the hardcopy submitted (if it is submitted in addition to soft copy submission), the uploaded
softcopy shall be given precedence and will form the basis of evaluation and final selection
h) Failure to furnish the documents, certificates, will be entitled for rejection of the bid.
i) APHSL shall not hold any responsibility because of postal delay.
j) Similarly, if any of the certificates/documents etc., furnished by the Bidder are found to be
false /fabricated/ bogus, the bidder will be disqualified, blacklisted, action will be initiated
as deemed fit and the EMD will be forfeited.
k) APHSL will not hold any risk and responsibility of ensuring the visibility and legibility of
the scanned & uploaded documents. The documents that are uploaded online on APHSL
portal will only be considered for bid Evaluation.
l) The Response to Pre-Qualification criteria, Techno commercial Proposal, receipts of
Application Fee payment & EMD payment and all other required formats EXCLUDING
THE PRICE-BID should be enclosed in “Techno-Commercial Bid submission” file. The
Price bid shall be submitted in the “Price Bid Submission” file as per the procedure
mentioned above. Both the Techno-commercial bid file and the price bid file are to be
mandatorily password protected and the passwords shall be shared as and when APHSL
requests the bidder during the bid opening.
m) Please Note that Prices should not be indicated in any way in the Pre-Qualification and
Techno-Commercial Proposal documents but should only be indicated in the Price Bid. If
any indication of prices is given the bid will be summarily rejected.
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n) All the pages of the proposal must be sequentially numbered and must contain the list of
contents with page numbers.
o) All pages of the bid shall be initialed and stamped by the person or persons who is
authorized to sign the bid.

3.5 Preparation and submission of Proposal

3.5.1 Proposal Preparation Costs


a) The bidder shall be responsible for all costs incurred in connection with participation in
the RFP process, including, but not limited to, costs incurred in conduct of informative
and other diligence activities, participation in meetings/discussions/presentations,
preparation of proposal, in providing any additional information required by APHSL to
facilitate the evaluation process, and in negotiating a definitive contract or all such
activities related to the bid process.
b) APHSL will in no case be responsible or liable for those costs, regardless of the conduct
or outcome of the bidding process.
3.5.2 Language
a) The Proposal should be filled by the bidders in English language only. If any supporting
documents submitted are in any language other than English, translation of the same in
English language is to be duly attested by the Bidders. For purposes of interpretation of the
documents, the English translation shall govern.
3.5.3 Late Bids
a) Bids received after the due date and the specified time (including the extended period if
any) for any reason whatsoever, shall not be entertained and shall be returned unopened.
b) The bids submitted by telex/telegram/ fax or any other means other than those mentioned
in Section 3.4.4 shall not be considered. No correspondence will be entertained on this
matter.

3.6 Deviations
a) The bidder may provide deviations to the contents of the RFP document. It may be noted
that once the deviations are provided, the bidder would not be allowed that to withdraw the
deviation submitted.
b) The Proposal evaluation committee would evaluate and classify them as “material
deviation” or “non-material deviation “. In case of any material deviations, the Committee
would be entitled to reject the bid.

3.7 Evaluation process


a) APHSL will constitute a Proposal Evaluation Committee to evaluate the responses of the
bidders.
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b) The Proposal Evaluation Committee constituted by APHSL shall evaluate the responses to
the RFP and all supporting documents / documentary evidence. Inability to submit requisite
supporting documents / documentary evidence, may lead to rejection.
c) The decision of the Proposal Evaluation Committee in the evaluation of responses to the
RFP shall be final. No correspondence will be entertained outside the process of evaluation
with the Committee.
d) The Proposal Evaluation Committee may fix meetings with the Bidders to seek
clarifications on their proposals.
e) The Proposal Evaluation Committee reserves the right to reject any or all proposals on the
basis of any deviations.
f) Each of the responses shall be evaluated as per the criteria and requirements specified in
this RFP.

3.7.1 Tender Opening


a) The Proposals submitted up to 01.08.2020, 3:00 PM will be opened at 01.08.2020, 4:00
PM by Mr. Balaram Bandi, Director - Projects or any other officer authorized by APHSL,
in the presence of such of those Bidders or their representatives who may be present at the
time of opening.
b) ‘Proposal Opening’ means opening of the respective password protected proposal
files/documents sent by the bidders to the site portal.
c) The participating bidders are required to provide the passwords to Director - Projects,
APHSL by mail pertaining to techno-commercial bid before 4.00PM on 01.08.2020 and
price bid as and when informed by the APHSL for opening of the techno-commercial
and price bids separately.
d) Bid should consists of details of authorized person who will be communicating the
passwords and also for any communications.

3.7.2 Tender Validity


a) The offer submitted by the Bidders should be valid for minimum period of 90 days from
the date of submission of Tender.

3.7.3 Tender Evaluation


a) Initial Bid scrutiny will be held and incomplete details as given below will be treated as
non- responsive, if Proposals;
i. Are not submitted in formats as specified in the RFP document
ii. Received without the Letter of Authorization (Power of Attorney)
iii. Are found with suppression of details
iv. With incomplete information, subjective, conditional offers and partial offers submitted
v. Submitted without the documents requested in the checklist
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vi. Have non-compliance of any of the clauses stipulated in the RFP
vii. With lesser validity period
b) All responsive Bids will be considered for further processing as below.
i. APHSL will prepare a list of responsive bidders, who comply with all the Terms and
Conditions of the Tender.
ii. All eligible bids will be considered for further evaluation by a Committee according to
the Evaluation process defined in this RFP document. The decision of the Committee
will be final in this regard.

3.8 Consortiums/ Sub-Contracting


For the purposes of this RFP, consortiums are not allowed. The bidders also shall not sub-contract
part or whole of the work.

3.9 Criteria for Evaluation

3.9.1 Pre-Qualification Criteria

S.
Basic
No Specific Requirements Documents Required
Requirement
.
Copy of Certificate of
Appropriate The bidder should be a Consultancy firm Incorporation or other
1 entity registered in India equivalent document.
FORM I
Bidder should be an individual organization.
2 Consortiums Consortiums are not allowed to bid.
Should be Company registered under
Companies Act, 1956 or a partnership firm Copy of Certificate of
under India Partnership Act 1932 or Incorporation; and
3 Legal Entity registered under LLP Act, 2008 FORM I
Should have been operating for the preceding
ten years as on 1.1.2020.
The bidder should not have annual turnover of Extracts from the audited
less than Rs. 100 Crore, during at least 3 Balance sheet and Profit &
4 Turnover financial years in the preceding 5 years as on Loss; OR Certificate from the
01-04-2020. auditor FORM - V
The bidder should not have been blacklisted by
Government of India, PSUs any State
A self-certified letter –
5 Blacklisting Government in India or by any multilateral
FORM - VII
agency.

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3.9.2 Key Personnel


The Consultant’s team (the “Consultancy Team”) shall consist of the following key personnel
(the “Key Personnel”) who shall discharge their respective responsibilities to accomplish the
tasks mentioned in the TOR:
Conditions of Eligibility for Key Personnel:
Each of the Key Personnel must fulfill the Conditions of Eligibility as specified below:

Sl. Area Expertise Min. No. Marks


No of
Persons
1 Team Graduate Engineer with at least 15 years’ 1 10 marks for ≥15 years.
Leader experience in detailed design, engineering & 5 marks for ≥10 and ≤ 15
preparation of detailed project reports for an years.
Integrated Steel Plant. 0 marks for < 10 years
The team leader of the bidder’s deputed
for this assignment shall be on senior role
of the Organization of the bidder such as
a senior partner or equivalent (as on the
date of bid submission) and shall possess
at least 15 years of consultancy experience
in Steel Industry.

2 Iron Graduate Engineer experience in process 1 3 marks for ≥10 years.


Making technology, detailed engineering and 1.5 marks for ≥5 and ≤ 10
associated in preparation of engineering years.
reports, detailed feasibility reports, TEFRs in 0 marks for < 5 years
the Iron Making section including all the
supporting units of the Iron Making section of
an Integrated Steel Plant.
3 Steel Graduate Engineer experience in process 1 3 marks for ≥10 years.
Making technology, detailed engineering and 1.5 marks for ≥5 and ≤ 10
associated in preparation of engineering years.
reports, detailed feasibility reports, TEFRs in 0 marks for < 5 years
the Steel Making section including all the
supporting units of the Steel Making section of
an Integrated Steel Plant
4 Rolling Graduate Engineer experience in process 1 3 marks for ≥10 years.
Mills technology, detailed engineering and 1.5 marks for ≥5 and ≤ 10
associated in preparation of engineering years.
reports, detailed feasibility reports, TEFRs in 0 marks for < 5 years
the Rolling Mills (Both long and flat up to
finished product) section including all the
supporting units of the Rolling Mills section of
an Integrated Steel Plant

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5 Steel Graduate Engineer experience in process 1
plant technology, detailed engineering and 3 marks for ≥10 years.
utilities associated in preparation of engineering 1.5 marks for ≥5 and ≤ 10
reports, detailed feasibility reports, TEFRs in years.
the Utilities, energy sections including all the 0 marks for < 5 years
supporting units of an Integrated Steel Plant
6 Electrical Graduate Engineer experience in process 1
and technology, detailed engineering and
3 marks for ≥10 years.
Energy associated in preparation of engineering
1.5 marks for ≥5 and ≤ 10
reports, detailed feasibility reports, TEFRs in
years.
the electrical and energy sections including all
0 marks for < 5 years
the supporting units in an Integrated Steel
Plant

3.9.3 Technical Qualification Criteria


a) Bidders who meet the pre-qualifications/eligibility requirements under clause 3.9.1 would
be considered as qualified to move to the next stage of techno-commercial and price bid
evaluations.
b) Technical Evaluation Criteria

Sl. Criteria Max. Scoring Method Documents Required


No. Marks
1. Constitution of the 10 Partnership/ LLP - 7 marks FORM – I along with
Bidding Firm Private / Public Limited Registration Certificate,
Company - 10 marks Partnership Deed, Certificate
of Incorporation, Certificate
of Commencement of
Business in case of Public
Limited Company
2 Total Steel Industry 15 Overall consultancy FORM - II along with Work
Specific consultancy Experience in the past 10 Order from the client/ Work
experience in the past years specifically in Steel Certificate from the client/
10 years from 01-04- Industry Invoices raised attested by
2020 self or completion certificate
Marking from client or auditor
<1 Zero Marks certificate certifying receipt
of payment / Self-Affidavit
3 Marks for each from the Partner of the
assignment to the max of bidding Consultancy firm
15 marks (Scoring regarding what type of
applicable only if 1 study/assignment it is and its
assignment and above) impact to the client

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At least 40% of the valid
no. of assignments should
be primarily focussed on
Indian market.

3. Consultancy experience 20 Consultancy Experience in FORM - III along with Work


in preparation of DPR similar projects in the past Order from the client/ Work
for establishing 15 years Certificate from the client/
Integrated Steel Plant Invoices raised attested by
consisting of Iron Marking self or completion certificate
making, Steel making <1 Zero Marks from client or auditor
and finished product of certificate certifying receipt
Minimum 2 MTPA 4 Marks for each of payment / Self-Affidavit
capacity in the last assignment to the max of from the Partner of the
15years 20 marks (Scoring bidding Tech. consultancy
And /Or applicable only if 1 regarding what type of
Consultancy experience assignment and above) study/assignment it is and its
in preparation of DPR impact to the client
for capacity expansion At least 40% of the valid
project of Minimum 2 no. of assignments should
MTPA additional be primarily focussed on
capacity in Integrated Indian market
Steel plant in the last
10years

4 Team Capacity 25 Team profile and FORM – IV along with


weightage for the members Detailed Resume
of the profile as mentioned highlighting experience in
in 3.9.2 steel sector
5 Presentation on best 30 Qualitative judgement by Presentation Document in
case experience in the evaluation panel based the form of PDF with a
preparation of DPR with on the presentation given password to be submitted
respect to the actual by the Bidder’s team leader post the Presentation by the
execution of the Project on the day to be Bidder.
in terms of timelines, communicated to the
cost overruns, qualified bidders.
appropriateness of
technology, successful
commissioning and
ramp-ups

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c) Bidders, whose bids are responsive, based on minimum qualification criteria as in Pre-
Qualification Criteria and score at least 70 marks from the technical evaluation criteria (T)
would be considered technically qualified and shall be considered for Financial Evaluation.
d) The Technical Proposal will be analyzed and evaluated on the basis of the documents submitted
as proof against the criteria mentioned in ‘Technical Evaluation Criteria’
e) Relative Technical Score (Tn) for each bidder will be calculated as follows:
Tn =(T/Thigh)*100 (Adjusted to two decimal places)
Where Tn = Relative score obtained by the Bidder
T = Technical score obtained by the bidder
Thigh= Highest Technical score secured among the qualified bidders
3.9.4 Price-Bid Evaluation
a) The Price-Bid shall be submitted in the format given as FORM VIII in Annexure - II
b) The Price-Bids of technically qualified bidders will be opened on the prescribed date in the
presence of bidder representatives.
c) The commercial bid shall be submitted in the following manner:
Price Bid Quote – ‘S’- (Exclusive of GST, but inclusive of all other taxes, if any)
d) The bidder with lowest qualifying Commercial bid (L1) will be awarded 100% score
(amongst the bidders which get qualified on the basis of point 3.9.3 above). Financial
Scores for other than L1 bidders will be evaluated using the following formula:
Financial Score of a Bidder (Fn) =
{(Commercial Bid of L1/Commercial Bid of the Bidder) X 100}% (Adjusted to two
decimal places)
e) Only fixed price financial bids indicating total price for all the deliverables and services
specified in this bid document will be considered.
f) The bid price will include all taxes excluding GST and levies and shall be in Indian Rupees.
g) Any conditional bid would be rejected
h) Errors & Rectification: Arithmetical errors will be rectified on the following basis: “If there
is a discrepancy between the unit price and the total price that is obtained by multiplying
the unit price and quantity, the unit price shall prevail and the total price shall be corrected.
If there is a discrepancy between words and figures, the amount in words will prevail”.

3.9.5 Combined and Final Evaluation


a) Under the Combined Quality cum Cost Based Selection (CQCCBS) method, the technical
and financial scores secured by each bidder will be added using weightage of 80% and 20%
respectively to compute a Composite Bid Score.
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b) The bidder securing the highest Composite Bid Score (Bn) will be adjudicated as the
Successful Bidder for award of the Project. The overall score will be calculated (to two
decimal points) as follows: -
i. Bn = 0.80 * Tn + 0.20* Fn
ii. Where
iii. Bn = overall score of bidder
iv. Tn = Technical score of the bidder (out of maximum of 100 marks)
v. Fn = Normalized financial score of the bidder
c) In the event the bid composite bid scores are ‘tied’, the bidder securing the highest technical
score will be adjudicated as the Best Value Bidder for award of the Project.

3.10 Appointment of Consultant


3.10.1 Award Criteria
a) APHSL will award the Contract to the successful bidder as determined in Point 3.9.5
b) An official communication in the form of Letter of Award (LOA) will be sent to the
selected Consultancy firm either though post or electronically.
c) An acknowledgement for the same is necessary to indicate to APHSL from the Consultancy
firm that they’ve accepted the LOA and are willing to form a legal agreement.
d) The type of acknowledgement and any timelines regarding the same will be communicated
in the LOA.

3.10.2 Right to Accept Any Proposal and to Reject Any or All Proposal(s)

a) APHSL reserves the right to accept or reject any proposal, and to annul the tendering
process and reject all proposals at any time prior to award of contract, without thereby
incurring any liability to the affected bidder or bidders or any obligation to inform the
affected bidder or bidders of the grounds for APHSL action.

3.10.3 Notification of Award


a) Prior to the expiration of the validity period, APHSL will notify the successful bidder in
writing or by fax or email through a Letter of Award (LoA), that its proposal has been
accepted. In case the procurement process has not been completed within the stipulated
period, APHSL may like to request the bidders to extend the validity period of the bid.
b) The notification of award will constitute the formation of the contract. Upon the successful
bidder's furnishing of Performance Bank Guarantee, APHSL will notify each unsuccessful
bidder and return their EMD within 30 Days.

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3.10.4 Performance Guarantee

a) APHSL will require the selected bidder to provide a Performance Bank Guarantee, within
15 days from the Notification of award, for a value equivalent to 10% of the Price bid (’S’).
b) The Performance Guarantee shall be kept valid till completion of the project or for 12
months whichever is longer. The Performance Guarantee shall contain a claim period of
three months from the last date of validity.
c) The selected bidder shall be responsible for extending the validity date and claim period of
the Performance Guarantee as and when it is due on account of non-completion of the
project.
d) In case the selected bidder fails to submit performance guarantee within the time stipulated,
APHSL at its discretion may cancel the order placed on the selected bidder without giving
any notice.
e) APHSL shall invoke the performance guarantee in case the selected Vendor fails to
discharge their contractual obligations during the period or APHSL incurs any loss due to
Vendor’s negligence in carrying out the project implementation as per the agreed terms &
conditions.

3.10.5 Signing of Contract


a) Post submission of Performance Guarantee by the successful bidder, APHSL shall enter
into a contract with the successful bidder, incorporating all clauses, pre-bid clarifications
and other relevant details.
b) APHSL reserves the right to terminate the services of the Consultant at any stage of the
work for reasons of unsatisfactory performance during the term of the contract or for any
reasons not attributable to APHSL.
c) APHSL shall provide a notice of a minimum of 15 calendar days (in writing) for such
termination, clearly citing the reasons for the same. APHSL shall, however, make all
payments related to the milestones (as per schedule of payments specified herein), provided
such milestones have been met to the full satisfaction of APHSL.
d) APHSL will be the sole authority to determine whether the deliverables were achieved
satisfactorily.

3.10.6 Failure to Agree with the Terms and Conditions of the RFP
a) Failure of the successful bidder to agree with the Draft Legal Agreement and Terms &
Conditions of the RFP shall constitute sufficient grounds for the annulment of the award,
in which event APHSL may award the contract to the next best value bidder or call for new
proposals from the interested bidders. In such a case, APHSL shall invoke the EMD of the
most responsive bidder.

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b) APHSL under in its discretion could also annul the entire tendering process and would
invoke fresh tenders as it sees fit.

3.10.7 Substitution of the Team Leader


a) APHSL expects the team leader as proposed in the evaluation criteria to be available during
implementation of the Agreement.
b) Post signing of the Agreement, APHSL will not consider substitution of the team leader
except for reasons of any incapacity or due to health. Such substitution shall be subject to
equally or better qualified and experienced team leader being provided to the satisfaction
of APHSL.
c) Without prejudice to the foregoing, substitution of the team leader shall only be permitted
subject to reduction of payment equal to 10% (ten per cent) of the fee quoted by the
Selected Applicant for delivering the consulting services.

3.11. Fraud and Corrupt Practices


a) The Applicants/Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Selection Process. Notwithstanding
anything to the contrary contained in this RFP, APHSL shall reject a Proposal without
being liable in any manner whatsoever to the Applicant, if it determines that the Bidder
has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
“Prohibited Practices”) in the Selection Process. In such an event, APHSL shall, without
prejudice to its any other rights or remedies, forfeit and appropriate the EMD or PBG, as
the case may be, as mutually agreed genuine pre-estimated compensation and damages
payable to APHSL for, inter alia, time, cost and effort of APHSL, in regard to the RFP,
including consideration and evaluation of such Applicant’s Proposal.
b) Without prejudice to the rights of APHSL under Clause above and the rights and remedies
which APHSL may have under this RFP or the legal agreement with the successful bidder,
if an Applicant or its employee/s, as the case may be, is found by APHSL to have directly
or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during the Selection
Process, or after the issue of the Letter of Award or the execution of the Agreement, such
Applicant or firm shall not be eligible to participate in any tender or RFP issued by APHSL
during a period of 5 years from the date such Applicant or its employee/s, as the case may
be, is found by APHSL to have directly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.
c) For the purposes of this Section, the following terms shall have the meaning hereinafter
respectively assigned to them:

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i. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected with
the Selection Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly, any
official of APHSL who is or has been associated in any manner, directly or
indirectly with the overall Selection Process or has dealt with matters concerning
the Agreement or arising there from, before or after the execution thereof, at any
time prior to the expiry of one year from the date such official resigns or retires
from or otherwise ceases to be in the service of APHSL, shall be deemed to
constitute influencing the actions of a person connected with the Selection Process);
or (ii) save as provided herein, engaging in any manner whatsoever, whether during
the Selection Process or after the issue of the LOA or after the execution of the
Agreement, as the case maybe, any person in respect of any matter relating to the
Project or the Award or the Agreement, who at any time has been or is a legal,
financial or technical consultant/ adviser of APHSL in relation to any matter
concerning the Project;
ii. “fraudulent practice” means a misrepresentation or omission of facts or disclosure
of incomplete facts, in order to influence the Selection Process;
iii. “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any persons or property to influence any person’s
participation or action in the Selection Process;
iv. “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by APHSL with the objective of canvassing, lobbying
or in any manner influencing or attempting to influence the Selection Process; or
(ii) having a Conflict of Interest; and
v. “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating a
full and fair competition in the Selection Process.

3.12. Conflict of Interest


a) An Applicant shall not have a conflict of interest that may affect the Selection Process, or
the services provided by the Bidder to APHSL (the “Conflict of Interest”). Any Applicant
found to have a Conflict of Interest shall be disqualified. In the event of disqualification,
APHSL shall forfeit and appropriate the EMD, if available, as mutually agreed genuine
pre-estimated compensation and damages payable to APHSL for, inter alia, the time, cost
and effort of APHSL including consideration of such Applicant’s Proposal, without
prejudice to any other right or remedy that may be available to APHSL hereunder or
otherwise.
b) APHSL requires that the bidder provides professional, objective, and impartial advice and
at all times hold APHSL’s interests’ paramount, avoid conflicts with other assignments or
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its own interests, and act without any consideration for future work. The bidder shall not
accept or engage in any assignment that would be in conflict with its prior or current
obligations to other clients, or that may place it in a position of not being able to carry out
the assignment in the best interests of APHSL.
c) Without limiting the generality of the above, an Applicant shall be deemed to have a
Conflict of Interest affecting the Selection Process, if:
i. the Bidder, or Associates (or any constituent thereof) and any other Bidder, or
Associate (or any constituent thereof) have common controlling shareholders or
other ownership interest;
ii. such Bidder or its Associate receives or has received any direct or indirect subsidy
or grant from any other Bidder or its Associate; or
iii. such Bidder has a relationship with another Bidder, directly or through common
third parties, that puts them in a position to have access to each other’s’ information
about, or to influence the Proposal of either or each of the other Bidder; or
iv. the Bidder, or any associates of the bidder are advising any of the applicants or
members of the applicant consortia (or their related associate firms) on the present
proposals
v. there is a conflict among this and other assignments of the Bidder (including its
personnel and other members, if any) and any subsidiaries or entities controlled by
such Bidder or having common controlling shareholders. The duties of the bidder
will depend on the circumstances of each case. While providing services to APHSL
for this particular assignment, the bidder shall not take up any assignment that by
its nature will result in conflict with the present assignment; or
vi. A firm hired to provide consultancy services for the preparation or implementation
of a project, and its Members or Associates, will be disqualified from subsequently
providing goods or works or services related to the same project;
d) A Bidder eventually appointed to provide services for this Project shall be disqualified
from subsequently providing goods or services related to the same Project and any breach
of this obligation shall be construed as Conflict of Interest; provided that the restriction
herein shall not apply after a period of 12 months from the completion of this assignment;
provided further that this restriction shall not apply to consultancy services performed for
APHSL in continuation of this engagement or to any subsequent consultancy or advisory
services performed for APHSL where the conflict of interest situation does not arise.
e) In the event that the bidder, its Associates or affiliates are consultants or advisers to any of
the other Bidders (for transaction advisory or any other activity) for the Project, they shall
make a disclosure to APHSL as soon as any potential conflict comes to their notice but in
no case later than 7 (seven) days from the receipt of such proposals and any breach of this
obligation of disclosure shall be construed as Conflict of Interest. APHSL shall, upon being

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notified by the Consultant under this Clause, decide whether it wishes to terminate this
engagement or otherwise, and convey its decision to the bidder within a period not
exceeding 15 (fifteen) days.

3.13. Scope of work

It is to be noted that the guidelines given in the following clauses and the respective “Note” items
should be taken as mandatory and binding by the Bidders.

3.13.1 General Scope of the Technology Consultancy firm


a) While the list of activities that the selected Bidder would be involved in and the necessary
deliverables are stated at clause 3.13.2, the selected Consultant should also help/assist and
provide services or advisory in matters including but not limited to evaluation of various steel
making technologies, processes, procurement process and other techno-commercial aspects
of the project and the governing rules/regulations during the term of engagement.
b) The Consultant should host regular meetings involving the representative of APHSL and the
designated team of the consultant to update on status of the deliverables, any change in scope
as the APHSL might deem fit and other follow ups.
c) While the necessary information that might be required for the consultant shall be provided
by APHSL from time to time, it is the responsibility of the designated team of the consultant
to follow-up on obtaining the necessary information and initiate necessary correspondence
and ensure that delay in delivery does not happen.
d) If APHSL amends the scope of the engagement and communicates any deadlines,
requirements or other related guidelines, it is the responsibility of the consultancy to deploy
additional resources or any other means necessary to accommodate these amendments.
e) Over the Term of the engagement the consultancy firm would be required to work with other
consultants, advisory, legal firms or other stake holders, governmental or private
organizations as necessary.

3.13.2 List of activities

A. Provide services to assist the discussion with prospective JV partners


Note – APHSL is currently in discussion with various steel makers in order to forge a JV partnership.
APHSL has issued an invitation for EOI (Ref No: 10/APHSL/EOI/2020) for the same on 08/07/2020
1. Evaluation of the technical aspects of the proposals received in the EOIs from
prospective JV partners
i. Attend meeting with APHSL in discussions with the prospective JV partners
and provide advisory on the technical aspects
ii. Documentation of the discussions that happens in the meeting and assisting
APHSL in correspondence of the same
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iii. Advise APHSL on evaluating the content of discussion, including but not
limited to, the technology choice, capacity and product mix, raw material
procurement strategy and quality, auxiliary units required for plant
functioning, and possible synergies with the prospective JV partners
iv. Advise the APHSL team on possible negotiations and talking points over the
course of these discussions in the best interest of APHSL
v. Interaction with the specific teams of the prospective partners to work on the
details of the technical aspects of the plant/facility
2. Selection of the most suitable model in the interests of APHSL.
i. Additional recommendations based on evaluation of various models and
development of the most feasible and economically viable model
ii. Evaluation criteria for selecting the most suitable model for JV partnership
will be jointly decided by APHSL and the Consultant after due-diligence.
Note – In the above clauses “model” means the type of plant (capacity, processes, product mix, raw
material sourcing, sales and marketing channels, structure of the JV Partnership, financial details
of JV etc. and all relevant details) envisaged by the prospective partners and that are sent to APHSL
as an EOI in response to its invitation for EOI (Ref No: 10/APHSL/EOI/2020).
Level of interaction with the representative of a prospective JV partner or any dedicated team of the
same or with designated team of APHSL and the level of data sharing and other guidelines as
provided by APHSL should be followed by the consultant. Further, any addition/changes to any item
of the discussions can only happen by the communication between a representative of APHSL and
the prospective JV partners and not directly through the consultant.
Selection of JV partner and administration of the selection process
3. The Consultant shall provide all the necessary support with respect to the technology, any
such support required by APHSL during the preparation of RFP document inviting bids
from prospective JV partners. The support includes but not limited to drafting, vetting of
documents, consultations with various stakeholders including other consultants and any
such activity to ensure a successful Bid Documentation preparation. The bid
documentation includes and is not limited to the drafting/vetting of the technology aspects
of the following documents:
i. General Conditions of Contract
ii. Standard Contractual Clauses
iii. Conditions of the agreement specific to the JV partnership model
iv. Technical evaluation criteria
v. Financial Evaluation criteria
vi. Structure of the JV partnership
vii. Payment structure etc.

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4. The Consultant shall provide all the necessary support in evaluating and documentation of
the techno-commercial feasibility of the aspects including but not limited to the plant
capacity, technology route, plant configuration, phasing plan of the plant establishment,
implications of regulatory environments, cost implications, evaluating alternative
proposals and any other aspect that may arise during the evaluation of the Bid responses.

5. The Consultant shall provide all the necessary support with respect to technical aspects
during issue of Letter of Acceptance (LoA) to the successful bidder and further during the
documentation of the Contract between APHSL & the successful bidder in the RFP for JV
Partner engagement. The Consultant shall provide full support in all stages of the process
for engaging the JV partner, starting from evaluation of responses to the EoI responses till
completion of signing of the Contract between APHSL and the JV Partner including the
signing of the MoU or any other definitive agreement/document for partnership.

6. The Consultant shall provide assistance to APHSL in documentation, communication and


any other miscellaneous functions to enable the successful selection of a JV partner and
entering into a contract with the JV Partner.

B. Preparation of Detailed Project Report (DPR)


Note – After an agreement is reached between APHSL and the selected JV partner, aspects related to the
Plant including but not limited to capacity, product mix, steel making process, raw material linkages,
finished products marketing strategy, regulatory environment etc would be decided as part of the
discussions and those details will serve as the guideline to prepare a DPR.
1. The Consultant may be required to prepare the DPR in a two-step process as per the
requirement of APHSL.
2. In the first step, the Consultant may be required to submit a “Concept Document” with all
the relevant details required for obtaining various approvals from the Board/Government
of AP before commencing the procurement activity. To expedite the process of grounding
the project, this Concept Document shall be made such that the document is suitable of
obtaining any such permissions/approvals. Further steps in DPR shall be undertaken only
after receiving the approvals for the Concept Document by appropriate authorities or when
APHSL directs the Consultant to do so.
3. In the Second Step of DPR Preparation, the Consultant shall prepare the DPR with the
complete details covering all the aspects required for implementation of the project. The
document shall withstand any level of scrutiny which might be undertaken to ascertain the
quality of the DPR with respect to the level of detailing of various aspects, level of
engineering definition, suitability for initiating procurement process, level of contingency
and the accuracy range in various quantitative parameters including the cost estimates. To
summarize, the DPR shall form a ready-to-adopt document for undertaking the
procurement process. The DPR document should be based on finalized technology, route

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etc., with JV partner and also should be complete in all respects for next phase of expansion
and should contain information about future expansion plans.
4. The document shall cover all the aspects of the Steel Plant required to give a wholesome
understanding of the project to all the stakeholders.
5. The Consultant shall note that the preparation of DPR in Step 2 shall be coordinated with
the implementation plan proposed by the Project Management Consultant (PMC) and
approved by APHSL. The Consultant shall deliver required documentation for expediting
procurement process by prioritizing and sequencing the Chapters of the DPR in
consultation with the PMC. The Consultant shall extend his unconditional support in
ensuring the seamless and most efficient procurement process by duly cooperating with
PMC and APHSL throughout the preparation and approval process of the DPR.
6. The Consultant shall extend complete cooperation for any DPR vetting process/activity to
be done by the PMC or any agency as mandated by APHSL.
7. The Consultant shall extend complete support with respect to techno-commercial aspects
during the preparation of the tender documents for engineering/non-engineering works that
may arise during the project implementation.
8. The following is a brief list of major parameters or areas of focus that the DPR should
discuss about and APHSL has the right to ask the Consultant to include any other additional
areas of focus for analysis later or which may define the Steel Plant in a wholesome way.
The Consultant is encouraged to include other areas of focus as he sees fit.
i. Process outline and overall capacities of major facilities
ii. Details of required facilities (Raw Material Handling, Iron & Steel Making, Mills
& Auxiliary facilities/shops)
iii. Description of available technologies & rationale for selection of technology for
the facility
iv. Detailed process description
v. Input and output parameters
vi. Major facility related data:
1. Raw material requirement – volume and quantity
2. Production output – key process output and all by-products and effluents
3. Scope for by-product utilization
4. Expected working/maintenance days
5. Running/stand-by units
6. Energy/Power, water, gases and other utility requirement
7. Expected Cap-Ex
8. Operating Costs & other economic parameters
a. Cost of operations
b. Conversion costs
c. Realizations

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vii. Overall Gas and Energy Balance
viii. Major infrastructure and utilities requirement for the plant
1. The following key utilities must be analyzed
a. Compressed Air
b. All types of water (DM water, drinking water, raw water etc.)
c. Power
d. Gas Plants
e. Lubrication systems
2. The analysis should provide information on the following parameters:
a. Choice of supply (centralized/shop-wise etc.) and rational for the
same
b. Processes required to obtain the necessary utility
c. Plant-wide usage
d. Operating parameters like pressure, volume, temperature etc.
e. Expected installations and related capex
f. Reclamation units (for lubrication units)
ix. Detailed Engineering Drawings/Layout for all the facilities and major equipment
x. Waste & Pollution
1. Major effluent discharge – Type, volume for plant overall and major
facilities
2. Environmental Impact assessment
3. Scope of waste utilization for various pollutants, including but not limited
to:
a. BF Slag
b. Converter shop slag
c. Coke dust
d. Overall scrap and other solid waste from plant
e. Liquid waste – including chemicals and used water
xi. Waste handling systems to be employed and necessary facilities for the same
xii. Feasibility study for zero-discharge system (related capex, benefits and other
considerations)
Note – Recommendation of technology and processes should be such that all pollutants and discharges
satisfy government norms and other relevant international standards/guidelines
xiii. Shop-wise and overall plant organizational structure, including but not limited to:
1. Manning – Operational & Maintenance crew and other outsourcing
requirement per shop
2. Management hierarchy from the shop-floor wise to the top-management of
APHSL
3. Organizational structure of departments outside works (like marketing,
finance, HR etc.) have to be included

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C. End-to-end support for obtaining required Statutory Clearances
1. The consultant shall extend end-to-end support in obtaining all statutory clearances
required for establishing the Steel Plant at YSR Kadapa.
2. Any such clearances’ process where the technical inputs are required by an expert, the
Consultant shall provide the same without fail.
3.14. Means of Execution
a) The Consultant’s team for the engagement with APHSL shall consist of a Team Lead having the
experience and qualifications specified herein (the “Team Lead”) supporting staff, as may be
necessary. The Team Lead identified, and the details will be provided in the requisite forms in the
APPENDIX section.
b) The Consultant is required to provide dedicated Team Lead who is designated to matters regarding
APHSL who would be the signatory from the Consultant side in all correspondence and legal
documentation. For all activities or services required for APHSL, the required support in
manpower would be provided by the Consulting firm.
c) Team Lead– He/ She will lead, co-ordinate and supervise the Consultant’s team for execution of
deliverables in a timely manner as envisaged in this RFP. He/ She shall not delegate the
responsibilities except with the prior written approval of APHSL. He/ She will remain the
signatory for all key documentation done by the Consultant for APHSL. It is expected that this
Team Lead is a senior level professional (a Sr. partner level or equivalent) in the Consultancy firm.
d) Bidders must read carefully the minimum conditions of eligibility (the “Conditions of Eligibility”)
provided herein. Proposals of only those Bidders who satisfy the Conditions of Eligibility will be
considered for evaluation.
e) It is to be noted that, while the Consultant is to provide for the requisite resources and manpower
to provide the necessary services for APHSL, the above stated Team Lead would act as the point
of contact in discussing the status and any major changes in the scope of the RFP
f) It should be noted that the availability of key personnel would not be limited to the details
mentioned above.
3.15. Payment Schedule
a) The payment of the fee shall be paid as per the structure mentioned below:

S. No. Milestone for payment Billable Fee


(as % of
Contract
Value)
1 Approval of the JV partnership model including Techno-Commercial 10%
aspects of the model
2 Publishing the RFP for engaging a JV partner 10%
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3 Issue of LoA to the successful bidder in RFP for engaging a JV Partner 5%
4 Successful signing and execution of MoU/In-Principle agreement with the 5%
JV partner
5 Successful signing of the JV Partnership contract between APHSL and the 10%
JV partner
6 Submission of Concept Document for the DPR 10%
7 Approval of the Concept Document by the Government 10%
8 Submission of a comprehensive DPR 25%
9 Review and approval of the DPR 15%
b) The payment shall be made as per the payment schedule mentioned above and only for the
Milestones that have materialized. APHSL will decide whether a particular milestone is achieved
satisfactorily.
c) Any milestone, which may not be taken up in view of the necessity/change in plan of action of
APHSL will not be attracting any payment even if the said item is mentioned in the table above as
a Milestone.
d) Any change in milestone will be expressly informed by APHSL to the Consultant and the payment
agreed will only be based on the satisfactory achievement of the new milestone.
Payment Terms & Conditions
a) The bid price is inclusive of all applicable taxes excluding GST and including all out-of-
pocket expenses. The bidder is required to make a reasonable estimate of the same and
factor in the bid price. Any change in rates of taxation shall not be made good by APHSL
and will have to borne in full by the successful bidder.
b) The payment of fee for milestone deliverables will be made as per the payment schedule
in section 3.15
c) Out of pocket expenses for travel and stay outside base location of consultant may be
reimbursed by APHSL. Such travel and stay shall have a prior approval of APHSL.
Reimbursement will be done as per the AP Govt. rules in vogue.
d) The payment would be done within 45 working days from the date of achievement of each
milestone. The date of achievement of the milestone and method of payment will be
decided by APHSL. Further any extension in the time period to payment would be notified
to the Consultant.
3.16 Support to be provided by APHSL
The Nodal Agency/ Department will provide the following support, post the award of the contract
to the successful bidder:
1. Provide understanding of as-is status of the initiative.
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2. Provide all relevant background information and documentation.
3. Access to consultants who have been appointed by APHSL to provide overall support to
this initiative.
4. A Single Point of Contact from APHSL side
3.17 Change Request
The following would constitute a Change request
a) Any work which has not been specifically mentioned in the scope of work
b) Any changes in the deliverables post approval by the client
c) Bid Process Management in case of re-tendering is to be done for reasons for which the
consultants are not responsible
d) Any delay in the project timelines beyond the calendar time mentioned in the tender
document for which Bidder is not directly responsible
In such a case, the additional effort estimated by the bidder and its costs would be discussed and
finalized in discussions with the Bidder. The basis of this cost would be the commercial bid OR
the most relevant rate empanelment of the Consultant with any Central / State Government, as may
be determined to be fair by APHSL at such time.
3.18 Indemnity
a. The Tech. Consultant shall, subject to the provisions of the agreement, indemnify APHSL for any
direct loss or damage that is caused due to deficiency in Services or negligence.
3.19 Termination
a. APHSL will have the right to terminate the consultancy agreement at any point of time during the
tenure of consultancy work in case the work from the consultancy is not found satisfactory. The
consultancy agreement may be terminated by APHSL without giving any reasons or notice and no
claim of whatsoever nature lies against APHSL.
3. 20 Intellectual Property Rights
a) In the event of any claim asserted by a third party of infringement of trademark, trade names,
copy right, patent, intellectual property rights or industrial design rights arising from the use of
the products supplied by the CONSULTANT or any part thereof in India, the CONSULTANT
shall act expeditiously to extinguish such claim.
b) If the CONSULTANT fails to comply and APHSL is required to pay compensation to a third
party resulting from such infringement, the CONSULTANT shall be responsible for the
compensation including all expenses, court costs and lawyer fees. APHSL will give notice to the
CONSULTANT of such claim, if it is made, without delay.
3.21 Liquidated Damages
a) If the Respondent fails to deliver any or all of the Deliverables, Products and/or perform the

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Services within the time period(s) specified in the Contract, the Respondent shall pay to the
APHSL liquidated damages being one percent of the contract price for each week or part thereof
of the delay, until actual delivery or performance, for non-performance and/ or delayed
performance to a maximum of 5% of the total contract price.
b) This shall be without prejudice to the other right and remedies of the APHSL including claiming
actual damages from the Vendor. APHSL shall also be within its right to deduct the said amounts
from the Contract Price.

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RFP for Technology Consultancy

Appendix I: Pre-Qualification & Techno-Commercial Bid Templates


The bidders are expected to respond to the RFP using the forms given in this section and all
documents supporting Pre-Qualification / Technical Evaluation Criteria.
Pre-Qualification Bid & Technical Proposal shall comprise of following forms:

FORM - I TECHNOLOGY CONSULTANT FIRM CONSTITUTION & KEY PERSONNEL


FORM – II STEEL INDUSTRY SPECIFIC CONSULTANCY EXPERIENCE
FORM – III EXPERIENCE IN DPR/PROJECT FEASIBILITY STUDIES
FORM – IV PERSONNEL HANDLING THE ASSIGNMENT FOR APHSL
FORM – V FINANCIAL CAPACITY OF THE BIDDER
FORM – VI PARTICULARS FOR SELECTION OF TECHNOLOGY CONSULTANT – TECHNICAL
BID
FORM – VII UNDERTAKING BY THE BIDDER

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FORM - I Technology Consultant firm Constitution & Key Personnel

All the necessary attachments to prove the details given in the form needs to be attached herewith
Constitution of the Technology Consultant firm

Name of Bidder

Constitution
(Whether Proprietorship/ Partnership/
Public/ Private Limited Company)

Whether Registered in India (Yes/ No)

Date of incorporation
(Please attach a copy of Certificate of
incorporation of the company and
Commencement of Business in case of
Public
Limited Company)

Key Personnel of Bidder


Name of Bidder:
Name of Key Designation of Address Phone E-mail
Personnel Key Personnel

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FORM – II Steel Industry Specific Consultancy Experience


Name of the Bidder:

Note - Please fill the form in reverse chronological order of “Year of commissioning of study” column.
Please mark all the additional sheets used to fill up this annexure.
Title/Purpose of engagement could list the type of assignment namely cost reduction, capacity expansion,
revenue growth, diversification etc. and a brief write-up of the same. The form should be attached with a
signed affidavit as mentioned in the TECHNICAL EVALUATION CRITERIA guidelines.

Sl. No. Name of Title/Purpose of Year of Copy of order completion by


the Client engagement commissioning the client
of study

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FORM – III Experience in DPR/Project Feasibility Studies

Name of Bidder:
Note - Please fill the form in reverse chronological order of “Year of commissioning of study” column.
Please mark all the additional sheets used to fill up this annexure. Further a signed affidavit explaining
the details of each project should be attached as per guideline in the TECHNICAL EVALUATION
CRITERIA.

Title/Purpose of Study can be elaborated to convey the purpose of the study, industry, project details like
capacity process etc.
Sectors mentioned in the TECHNICAL EVALUATION CRITERIA guidelines can only be added.

Sector/ Name of Title/Purpose of Study Year of Copy of order completion by


Industry the Client commissioning the client
of study

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FORM – IV Personnel to be designated for assignment with APHSL

Name of Bidder:

Name of Key Designation of Address Phone E-mail


Personnel Key Personnel
designated for
the engagement
with APHSL

Please attach the CVs of the personnel deployed for this study.

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FORM – V Financial Capacity of the Bidder

Name of Bidder:

This annexure should be attached with the audited statements of the past three year’s income statement
of the Consultancy firm

[Link]. Financial Year Annual Revenue


(INR/USD in million)
1.
2.
3.
Certificate from the Auditor/ Chartered Accountant

Note: USD value to be calculated @Rs 75/USD

This is to certify that ....................(name of the Bidder) has received the payments shown above against
the respective years on account of professional fees.

(Signature, name and designation of the authorized signatory)


Date:
Name and seal of the audit firm

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FORM – VI Particulars for Selection of Technology Consultant – Technical Bid


(To be submitted by the Bidders on their letter-heads)

Dear Sir/ Madam,


We hereby offer to submit our request for Selection of Technology Consultant Bidder of APHSL, as per
Tender Notice no. Dt. for “Selection of Technology Consultant”.
We unconditionally agree to abide by the Terms & Conditions specified therein.
Accordingly, we enclose an Account Payee Demand Draft/ Pay order of Rs.1,00,000/-(Rupees One Lakh
only) towards Earnest Money Deposit (EMD), in favor Managing Director, AP High Grade Steels
Limited, Vijayawada valid for 180 days.
Our brief profile is as under:
Sl. Particulars Annexure No. & Attachment
No. Name
1 Name and contact details of Bidder
2 Legal status of agencies
(Proof to be attached)
3 Year of establishment/Incorporation
4 Name of Managing Director, Directors, top
management/ key personnel along
with designation.
5 The contact details of personnel proposed for
handling the project (separate sheet may be
enclosed with Bio-data and other details).
6 List of clients presently serving/ served. (A
comprehensive list of clients, including those
of Govt/PSU/BFSI segment/MNC/others)
7 PAN of the Bidder (Attach Copy)
8 GST no. (Attach Copy)
9 TAN No. (Attach Copy)
10 Banker’s Cheque/ DD details No-
Date-
Amt-
11 Proposed Team (Name and designation of the
team members)
12 Any other information that the Bidder would like If needed
to submit

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I/ we hereby certify that all the particulars given above are correct and true to the best of my/ our
knowledge.
I/ we certify that if appointed for carrying out survey, I /we shall appoint separate teams for any competing
clients who are in the same business as APHSL to avoid clash of interests and maintenance of
confidentiality. Such arrangement shall be scrupulously maintained and monitored.
In case at any stage, it is found that the information given by me/ us is false/ incorrect, APHSL shall have
the absolute right to take any action as deemed fit/ without any prior intimation to me/ us.

(Signature of the Authorized person)


Full name of the Authorized person:
Designation:

Seal of the firm and date

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FORM – VII Undertaking by the Bidder


(To be submitted on the bidder’s letterhead)
Date:

We _______________________(bidder name), hereby undertake that-


 As on date of submission of tender, we are not blacklisted by the Central Government/ Any of the
State Governments in India or any other Indian or global regulatory body.
 We also undertake that, we are not involved in any legal case such as Civil, Criminal, taxation etc.
that may affect the Solvency/ existence of our firm or in any other way that may affect capability
to provide/ continue the services to bank.
Dated this ....... day of…………….2020

Place:

(Signature)
(In the capacity of)
Duly authorized to sign the bid with seal for and on behalf of (Name and address of the Bidder)

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Appendix II: Price –Bid Templates

The bidders are expected to respond to the RFP using the forms given in this section for Price
Bid.

Form VIII: Price Bid Template

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FORM VIII - Particulars for Selection of Technology Consultant – Price Bid
(To be submitted by Bidder on their letter-heads)

Dear Sir/ Madam,


We hereby submit our Price Bid for Selection of Technology Consultant by APHSL of India as per
proposal reference no. ###### dated XX/XX/XXXX.. We unconditionally agree by the Terms &
Conditions specified therein.
Sr. No. Particulars Details/ Remarks/ Charges
1. Name and Contact Details of the
Bidder
2. The Contact Details of person
authorized
3. Price Bid for the assignment (Incl of INR
all Taxes/Duties applicable for the
bidder) Excluding GST

I/ we hereby certify that all the particulars given above are correct and true to the best of my/ our
knowledge.
I/ we certify that if selected, I /we shall appoint separate teams for any competing clients who are in the
same business as APHSL to avoid clash of interests and maintenance of confidentiality. Such arrangement
shall be scrupulously maintained and monitored.
In case at any stage, it is found that the information given by me/ us is false/ incorrect, APHSL shall have
the absolute right to take any action as deemed fit/ without any prior intimation to me/ us.
(Signature of the Authorized person) Full name of the Authorized person:
Designation:

Seal of the firm and date

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Appendix III: Performance Bank Guarantee

<Location, Date>
<Name>
<Designation>
<Address>
<Phone Nos.>
<Fax Nos.>
<email id>

Whereas, <<name of the supplier and address>> (hereinafter called “the applicant/supplier”) has
undertaken, in pursuance of contract no. <<insert contract no.>> dated. <<insert date>> to provide
consulting services for <<name of the assignment>> to <APHSL> (hereinafter called “the
beneficiary”)

And whereas it has been stipulated by in the said contract that the applicant/supplier shall furnish
you with a bank guarantee by a recognized bank for the sum specified therein as security for
compliance with its obligations in accordance with the contract;

And whereas we, <<Name of the Bank>> a banking company incorporated and having its head
/registered office at <<address of the registered office>> and having one of its office at <<address
of the local office>> have agreed to give the supplier such a bank guarantee.

Now, therefore, we hereby affirm that we are guarantors and responsible to you, on behalf of the
supplier, upto a total of Rs. <<Insert Value>> (Rupees <<insert value in words>> only) and we
undertake to pay you, upon your first written demand declaring the supplier to be in default under
the contract and without cavil or argument, any sum or sums within the limits of Rs. <<Insert
Value>> (Rupees <<insert value in words>> only) as aforesaid, without your needing to prove
or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the applicant/supplier before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract to
be performed there under or of any of the contract documents which may be made between you
and the applicant/supplier shall in any way release us from any liability under this guarantee and
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we hereby waive notice of any such change, addition or modification.

This Guarantee shall be valid until <<Insert Date>>.

Notwithstanding anything contained herein:

I. Our liability under this bank guarantee shall not exceed Rs <<Insert Value>> (Rupees
<<insert value in words>> only).
II. This bank guarantee shall be valid up to <<insert expiry date>>.
III. It is condition of our liability for payment of the guaranteed amount or any part thereof arising
under this bank guarantee that we receive a valid written claim or demand for payment under
this bank guarantee on or before <<insert expiry date>> failing which our liability under
the guarantee will automatically cease.

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Appendix- IV Format for submitting bidder’s Queries

Vendors have to provide their queries on eligibility criteria, scope of work, terms and conditions etc. in
the below format only. Vendors are requested to categorize their queries under appropriate headings.
Vendors are requested to provide a reference of the page number, state the clarification point and the
queries/suggestion/deviation that they propose as shown below:

Sl. Page No. Point/ Clarification Point as stated in Queries/ Suggestion/


No. Section RFP Deviation
1.
2.
3.
4.

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Appendix V : EMD Bank Guarantee

FORM OF BID SECURITY


(Demand Guarantee)

Beneficiary :
Invitation for Bids No :
Date :
BID GUARANTEE No. :
Guarantor :

We have been informed that (hereinafter called "the Applicant") has submitted
or will submit to the Beneficiary its bid (hereinafter called "the Bid") for the execution of under Invitation
for Bids No. (“the NIT no.”).

Furthermore, we understand that, according to the Beneficiary’s conditions, bids must be supported by a bid
guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum
or sums not exceeding in total an amount of
( ) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying or identifying the demand,
stating that either the Applicant:

(a) Has withdrawn its Bid during the period of bid validity set forth in the Applicant’s Letter of Bid (“the Bid
Validity Period”), or any extension thereto provided by the Applicant; or

(b) Having been notified of the acceptance of its Bid by the Beneficiary during the Bid Validity Period or any
extension thereto provided by the Applicant, (i) has failed to execute the contract agreement, or (ii) has
failed to furnish the performance security, in accordance with the Terms of Reference (“TOR”) OR
Conditions of the Contract of the Beneficiary’s bidding document.

This guarantee will expire: (a) if the Applicant is the successful bidder, upon our receipt of copies of the Contract
Agreement signed by the Applicant and the EMD issued to the Beneficiary in relation to such Contract
Agreement; or (b) if the Applicant is not the successful bidder, upon the earlier of (i) our receipt of a copy of the
Beneficiary’s notification to the Applicant of the results of the bidding process; or (ii) thirty days after the end
of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above
on or before that date.

[signature(s)]
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