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PUNE MUNICIPAL CORPORATION. SHIVAJINAGAR, PUNE-411005. TEL.: 020 25501000, FAX: (020)25501203.

Website: www.punecorporation.org

ELECTRICAL DEPARTMENT

TENDER DOCUMENT

Design, Build, Finance, Operate, Maintain & Transfer the

Project of Implementation of high impact street light by

installing Energy Efficient Dimmable LED Street lights

along with per pole basis SCADA system.

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Name of the work: -

Design, Build, Finance, Operate, Maintain & Transfer the Project

of Implementation of high impact street light by installing Energy

Efficient Dimmable LED Street lights along with per pole basis

SCADA system.

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DISCLAIMER

The information contained in this document (“Tender”) whether subsequently provided to

the bidders, (“Bidder/s”) verbally or in documentary form by or on behalf of Pune Municipal

Corporation (henceforth referred to as “PMC” in this document) or any of its employees or advisors,

is provided to Bidders on the terms and conditions set out in this Tender document and any other

terms and conditions subject to which such information is provided.

This Tender document is not a contract and is not an offer or invitation to any party. The

purpose of this Tender document is to provide the Bidders or any other person with information to

assist the formulation of their financial offers (“Bid”). This Tender document includes statements,

which reflect various assumptions and assessments arrived at by PMC in relation to the proposed

project. This Tender document does not purport to contain all the information each Bidder may

require. This Tender document may not be appropriate for all persons, and it is not possible for the

Commissioner, PMC and their employees or advisors to consider the investment objectives, financial

situation and particular needs of each Bidder. The assumptions, assessments, statements and

information contained in the Bid documents, may not be complete, accurate, adequate or correct.

Each recipient must conduct its own analysis of the information contained in this Tender document

or to correct any inaccuracies therein that may appear in this Tender document and is advised to

carry out its own investigation into the proposed project of implementation of high impact street light

by installing energy efficiency dimmable LED street lights in Pune (“the Project”), the legislative

and regulatory regimes which applies thereto and by and all matters pertinent to the proposed Project

and to seek its own professional advice on the legal, financial, regulatory and taxation consequences

of entering into any contract or arrangement relating to the Project.

Information provided in this Tender document to the Bidder is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not intended to be

an exhaustive account of statutory requirements and should not be regarded as a complete or

authoritative statement of law. PMC accepts no responsibility for the accuracy or otherwise for any

interpretation of opinion on law expressed herein.

PMC and their employees and advisors make no representation or warranty and shall incur no

liability to any person, including the Bidder under law, statute, rules or regulations or tort, the

principles of restitution or unjust enrichment or otherwise for any loss, cost, expense or damage,

accuracy, reliability or completeness of the Tender document, which may arise from or be incurred

or suffered in connection with anything contained in this Tender document, any matter deemed to

form part of this Tender document, the award of the Project, the information and any other

information supplied by or on behalf of Commissioner PMC or their employees, any consultants or

otherwise arising in any way from the selection process for the Project.

PMC also accepts no liability of any nature whether resulting from negligence or otherwise

howsoever caused arising from reliance of any Bidder upon the statements contained in this Tender

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document.

PMC may in its absolute discretion, but without being under any obligation to do so, can

amend or supplement the information in this Tender document. The information that PMC is in a

position to furnish is limited to this Tender document, along with any amendments/ clarifications

thereon.

The issue of this Tender document does not imply that PMC is bound to select a Bidder or to

appoint the Selected Bidder (as defined hereinafter) or Developer (as defined hereinafter), as the case

may be, for the Project and PMC reserves the right to reject all or any of the Bidders or Bids without

assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage, delivery fees,

expenses associated with any demonstrations or presentations which may be required by PMC or any

other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain

with the Bidder and PMC shall not be liable in any manner whatsoever for the same or for any other

costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of

the conduct or outcome of the bidding process.

This Tender document and the information contained herein are confidential and for use only

by the person to whom it is issued. It may not be copied or distributed by the recipient to third parties

(other than in confidence to the recipient’s professional advisor). In the event that the recipient does

not continue with the involvement in the Project in accordance with the Tender document, the

information contained in the Tender document shall not be divulged to any other party. The

information contained in the Tender document must be kept confidential.

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Contents of Tender Document

Sl.No. CONTENTS PAGES

1 Invitation of Bid 6

2 Information to Bidder and General terms of the Bid 8

3 General Terms and conditions of Contract 28

4 Technical Specification 38

5 List of Appendices/Annexures 51

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PUNE MUNICIPAL CORPORATION NOTICE INVITING TENDER

COMPETITIVE BIDDING THROUGH e-Procurement

Adv. No. Date.

The Pune Municipal Corporation invites Tender (Two Bids i.e Technical &Financial Bid) in conformity

with the detailed tender notice to be eventually drawn up into a contract for the execution of work as

detailed in table below from intending Bidders

SR no

Tender no

Name of the work Estimate Amt

Earnest Money Deposit

Tender set price

Period Of Contract

1 2 3 4 5 6 7

1

Design, Build, Finance, Operate, Maintain & Transfer the Project of Implementation of high impact street light by installing Energy Efficiency Dimmable LED Street lights along with per pole basis SCADA system.

B-2 INR

70,00,000/- 12 Years

1. LED Fixtures to be installed- 70,000 nos. approx. (as per design submitted by the selected Bidder (“Selected Bidder”) and approved and accepted by PMC subject to Lux Level achievement as per PMC requirements mentioned in the Tender document).

2. The Selected Bidder should carry out a survey for replacing old fixtures by dimmable LED street

lights on existing PMC poles with his own cost and submit the same to PMC and also install per pole

SCADA.

3. The Selected Bidder should make total investment for the implementation of the entire Project on DBFOMT basis for installed dimmable LED lighting system for a period of 12 (Twelve Years) from the date of completion of installations (“Contract Period”).

4. Eligibilty Criteria: As given in the detailed Tender Document available on PMC E-tender site. 5. Bid documents consisting of specifications, the schedule of quantities and the terms and conditions of

contract and other necessary documents can be seen in the PMC web site i.e.,

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(pmctenders.abcprocure.com) 6. Bid must be accompanied by submission of Earnest Money Deposit (“EMD”) online in the PMC

account and cost of document specified for the work in the table Col.5 and 6 above, pledged in favour of Commissioner, PMC. These will have to be in any one of the forms (FDR/DD drawn on any Nationalised Bank for 180 (One Hundred and Eighty ) days as specified in the Bidding documents along with scanned copy of valid EPF,VAT,PAN CARD, VALID ELECTRICAL CONTRACTOR LICENSE, affidavit and certifying declaration statement in the Form as mentioned in the last page of DNIT otherwise, the Bid will be outrightly rejected by PMC.

7. The Bidder must possess compatible Digital Signature Certificate (DSC). Only online tenders submitted

shall be considered.

8. Pre-Bid meeting will be arranged on 16/03/2016 at 11am in Wadke hall, third floor, PMC main Building, Shivaji nagar, Pune

9. Unless extended by PMC, the Bid shall be submitted on “Bid Due Date”, in the manner and form as detailed in this Tender document. Bids submitted by either facsimile transmission or telex will not be acceptable.

10. After submission of the Tender, the original FDR/DD and samples of all proposed Dimmable LED

Street Light fixtures should be submitted in the office of the undersigned before the date and time of

opening of Bid, during office hours on working days, failing which the Bid will be rejected. The

financial bids of the technically qualified Bidders shall be opened on the due date of opening by the

opening officers using their DSC. The date and time of opening will be intimated to the responsive

Bidders after technical evaluation, tests, trials and satisfactory results as per the PMC requirements. 11. Security deposit of Rs.3,50,00,000/- (Rupees Three Crores and Fifty Lakhs only) (“Security Deposit”)

shall be deposited by the Selected Bidder. This Security Deposit shall be released only after satisfactory

completion of the Contract Period and handing over the same to PMC. EMD of Rs. 70 lakhs (Rupees

seventy lakhs only) submitted by the Selected Bidder will get converted into Security Deposit.

Remaining Security Deposit will be deducted from subsequent 4 RA bills. 12. Other details can be seen in the Bid documents.

13. The Commissioner, PMC reserves the right to change any terms and conditions for benefit of PMC. 14. The Commissioner, PMC reserves the right to reject any or all the Bids without assigning any reason

thereof. ----sd-----

Superintending Engineer (Electrical) Pune Municipal Corporation

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SECTION II

INFORMATION TO BIDDERS AND GENERAL TERMS AND CONDITIONS OF THE BID

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1. GENERAL INSTRUCTIONS AND SCOPE OF WORK: 1.1 Information to Bidder and General Instructions:

(a) The existing streetlights/floodlights shall be replaced with suitable wattage for guaranteed Lux Levels

as mentioned in Appendix X Part A of the Tender document by Dimmable LED streetlights/floodlights

in line with the tender specifications as per PMC instructions and specifications.

The Bidders shall establish their necessary technical competence to conduct in house quality assurance

and testing of LED products. They should submit details of test which can be conducted in their in-

house lab. The Bidders should have NABL/UL accredited lab certification for Electrical, Optical &

Electronics parameters.

(b) The Selected Bidder shall have maintenance responsibility of all the installed fixtures above the supply

junction box on the pole. The responsibility of the proper power supply till the junction box shall be in

the scope of PMC’s obligation.

(c) The Selected Bidder will have to keep streetlights functioning during his Contract Period. In case any

street light is defective, the Bidder will have to replace/repair the same within 48 (forty eight) working

hours, except for the reasons beyond the control of the Selected Bidder which shall be brought to notice

of Engineer-In-Charge.

(d) Lighting Design: The Bidders to submit lighting design with the proposed Dimmable LED luminaries

installation parameters provided in the table (Appendix X).

(e) Field Verification of Lighting level: Bidders to confirm equivalent Dimmable LED street lights

wattage and system lumen output to replace existing luminaries. The Bidders shall submit 10 (ten) pcs

samples of each wattage of the proposed luminaries along with the documents. The samples from the

Bidders will be installed on selected roads on poles and lighting levels will be measured using standard

method as suggested by PMC to calculate average lighting level and uniformity of lighting. After

measuring the Lux Level/ uniformity at site by Engineer in Charge, the successful Bidder who achieved

Lux Level as per the parameters specified in the Tender document will be considered for further

evaluation.

(f) Evaluation of Sample Fittings for Energy Saving:

The samples submitted will be tested for system wattage by PMC. Also, the equivalent

SON/MH/T5/Induction Lamp luminaries samples replaced from the installation will be tested for

system wattage. The reduction in wattage will be established by difference between these two energy

consumption wattage values. This will be compared with the proposed energy saving chart submitted

by the Bidder.

(g) Bidder shall bear all costs associated with the preparation and delivery of its Bid, and PMC will in no

case shall be responsible or liable for these costs.

(h) The Bid should be submitted by the Bidder in whose name the Bid document has been issued and

under no circumstances it shall be transferred / sold to the other party.

(i) The PMC reserves the right to request for any additional information and also reserves the right to

reject the Bid of any Bidder, if in the opinion of the PMC, the data in support of requirement is

incomplete.

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(j) The Bidder is expected to examine all instructions, forms, terms & conditions and specifications in the

Bid documents and site requirements. Failure to furnish all information required in the Bid documents

or submission of a Bid not substantially responsive to the Bid documents in every respect may result in

rejection of the Bid. However, the PMC decision in regard to the responsiveness and rejection of bids

shall be final and binding without any obligation, financial or otherwise, on the PMC.

(k) The Bidder who has purchased the document or their authorized representative may participate in the

meeting for discussion of requirement and for any further clarification. Such Bidders have to furnish

their clarification in writing for discussion during pre-bid meeting.

(l) PMC reserves the right to change the Tender document and come out with a corrigendum/ addendum as

found necessary by the authorities at any point in time during the tendering process. Decisions taken by

PMC in pre-bid meeting shall be a part of Tender document.

(m) The Bidder will have to produce invoice/gate pass of the manufacturer for major items of material to

be installed against supply & erection of work for genuineness of the material.

(n) The existing poles shall be used for installing the LED based street lighting fixtures using the existing cables without compromising on existing aesthetics look.

(o) In this document, the term ‘PMC officials’ includes PMC staff of all levels and advisors and

consultants to PMC.

(p) The Selected Bidder shall furnish the Security Deposit as indicated in this document.

1.2 SCOPE OF WORK FOR LED STREETLIGHTS

(a) The Selected Bidder shall carry out a proper survey of all the roads where the Dimmable LED Light

Fixtures are to be installed within 3 (three) months period after issuing work order. The survey data

available with PMC can be shared with the Bidder.

(b) The Bidders have to submit the complete implementation plan along with the name of official with

contact number and duties who shall be deputed at the site for execution of the Project and after

execution maintain all the installation related activities up to the Contract Period.

(c) Arrange for inspection and testing of all fixtures at the factory before dispatch by PMC officials.

(d) Supply, installation and commissioning of Dimmable LED Street Lights to meet the requirement as

defined in specifications, data sheets attached with the Technical Bid and required for completion of the

Project to be submitted by the Bidder. The installation of equipments by the Selected Bidder shall be

taken up as per the directive of PMC.

(e) After the Award of Contract (as defined in clause 4.4.5), the Selected Bidder shall enter into an

agreement in the format provided in Appendix XIII (hereinafter referred to as “Contract”) with PMC

as per the terms and conditions of the Tender document. Upon entering into Contract with PMC, such

Selected Bidder shall be referred as “Developer” under the Tender document and the Contract. The

Developer shall be under the obligation to comply all the terms and conditions of the Tender document

along with clauses relating to warranty and maintenance mentioned under the Contract during the

Contract Period. The Developer should open his site office in Pune for the smooth execution and

maintenance of the Project. The Developer has to maintain necessary equipment on site which is

required for implementation and maintenance of the Project activities.

(f) The Developer shall maintain proper records and registers for the daily maintenance activities. They

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have to depute necessary technical and other staff for the same.

(g) The developer shall return all the old fixtures with necessary documentation to Central Store, Electrical

Department of PMC and keep the records for the same.

(h) All the machineries and equipment required for implementation of the Project is to be arranged by the

Selected Bidder. PMC shall provide only authorization and necessary clearance and permission for the

same, if required.

(i) The quality of the luminaries and Lux Levels will be maintained by Developer during the Contract

Period. The Developer has to follow all necessary safety guidelines/directions issued by the PMC from

time to time.

(j) The Developer shall make all the LED fixtures operational within a period of 12 (twelve) months after

award of contract as per the schedule submitted by the Bidder or as per the instructions of PMC. Such

date of Award of Contract shall be hereinafter referred to as “Appointed Date”.

(k) The design and specification of LED Lights will be given by the Selected Bidder as compared with

old fittings along with necessary documentation.

(l) PMC reserves the right to vary the quantities while issuing the work order.

(m) The Developer shall submit monthly monitoring and verifying report of energy saved.

(n) The Developer will have full responsibility of warranty of LED’s/fixture for the Contract Period and

warranty will start from the date of successful commissioning of the switching points.

(o) The Developer will have full responsibility of packing and transportation from the manufacturer’s

works to the site including insurance.

(p) The Developer will have full responsibility of receipt, storage, preservation and conservation of

equipment at the site.

(q) The Developer will have full responsibility of pre-assembly, if any, erection, testing and commissioning

of all the equipment.

(r) The Developer will have full responsibility of reliability tests and performance and guarantee tests on

completion of commissioning.

(s) The Developer will have full responsibility of labeling of information which shall be distinctly and

indelibly marked on the housing like to include year of manufacturing, batch no., serial no., name of

manufacturer, rated wattage and voltage (Input) & rated Lumen. The fixture must carry the embossed

name of the manufacturer and stickers shall not be allowed.

(t) The LED street lights per pole installed to be linked with GIS/SCADA/ Street lighting management

server software appropriate remote monitoring and verifying system to ensure information on energy

savings. Any failures or non-functioning lights beyond 48 (forty eight) hours would be penalized as per

this Tender documents.

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(u) The duration of the Project shall be a minimum of 12 (twelve) years which shall be deemed as

“Contract Period”.

(v) The Developer shall maintain a call center to attend to complaints received by phone calls, mails, faxes,

SMS etc. It shall have permanent employees to rectify complaints, routine maintenance etc. on 24x7

basis and will daily submit the reports of switching points in PMC office.

(w) The SCADA System being centralized shall be operated 24x7 at the designated location to be

prescribed and allocated by PMC to always remain accessible to the staff of PMC.

(x) The Developer shall maintain the defined minimum storage space within Pune for storage of standby

LED Lighting Fixtures of a minimum 5% of the installed of fittings each type Based on all types of

installations, Bidders shall be invited to offer suitable fixtures to achieve the defined Lux Levels

broadly on the lines of National Lighting Code.

(y) After a successful completion of the Project all material/ accessories installed by the Developer during

the Project will be property of PMC. The Bidder shall follow procedure detailed in this Tender

document to hand over the site in satisfactory and working condition to PMC at the end of the Contract

Period. Before handing over the site, the Developer has to seek ‘handing over certificate’ and ‘no dues’

certificate from PMC officials.

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2. ELIGIBILITY CRITERIA Pre-qualifying terms and conditions (“Bid Criteria”)

This Bid is open to manufacturers/ authorized dealers of LED Street light fixtures which are operating

in the market since last 5 (five) years satisfying the below mentioned criteria:

A. The Bidder should have been operating and maintaining a single LED project of minimum 10000

fittings successfully for the past 3 (three) years for energy saving.

B. The Bidder should have in house testing facilities for optics, electrical and electronic parameters. Such

lab should be NABL/ERDL/UL accredited.

C. Factory visit of PMC officials will have to be arranged to assess the manufacturing and testing facility

of the Bidder. The visit will have to be arranged by the Bidder at its own cost. Only after satisfactory

inspection by PMC, the Bid will qualify for opening.

D. The additional requirements to be met by the Bidder are as follows:

1. Copies of work orders received by the Bidder along with the installation and satisfactory

performance reports of its client(s) for the past 5 (five) years should be submitted by the Bidder

from the competent authority.

2. Statutory Auditor certificates for projects claimed under Technical Capacity as per clause 2.3

(A).

3. The Bidder shall use LEDs manufactured by OSRAM/LUMILEDS/CREE (USA) and shall

produce necessary certification from the manufacturing company.

4. The Bidder must have a valid electrical license issued by the Electrical Licensing Board,

Maharashtra in the Bidder’s name or in the name of the person hired by the Bidder.

5. The Bidder should not have been debarred from any of the Central/State Government Department/

Board/Corporation/ PSUs/Municipalities. The Bidder shall submit a certificate in this context with

the technical part of the Bid.

6. The Bidders shall have to furnish the following documents as evidence to fulfill their qualifying

criteria as mentioned above:

i Certificate of incorporation or registration of the organization. ii. Factory registration of the manufacturer. iii. Audited annual accounts for the last 3 (three) financial years. iv. Besides above the Bidder has to furnish service tax, registration certificate, copy of the PAN

card, CST registration certificate, EPF, VAT as applicable.

7. A Bidder shall be disqualified if it is determined by the PMC at any stage of bidding process that

the Bidder has made misleading or false representation in the form, statements and attachments in

the proof of the qualification requirements. The Bidder shall also be disqualified if it fails to

continue to satisfy the Bid Criteria during any stage of the evaluation process. Supplementary

information or documentation regarding qualifications may be sought from the Bidder at any time

and must be so provided within reasonable timeframe as stipulated by the PMC.

8. The Bidder has to demonstrate successful operation of the offered LED street light product as

indicated below, failing which the Bidder shall be rejected.

9. The Bidders are required to demonstrate their products for site testing and verification by a

committee of PMC (“PMC Committee”) to demonstrate physically that the offered product meets

the technical specification.

10. 10 (Ten) consecutive existing street light poles of the street light segment at locations as directed by

the PMC Committee shall be replaced with the Dimmable LED Street light fixtures proposed to be

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supplied by the Bidder. On the basis of the demonstration, Lux Level measurements and watt loss of

the installed fixtures will be checked and verified which will be documented by PMC Committee.

The saving and the Lux Levels determined at this stage will be considered to be final for the

Contract Period. No repeat observations /demos will be required to be done after the joint

demonstration (with Bidder and PMC). The Lux Level measurements will be done as per the BIS

Standards.

11. The venue and time of testing shall be communicated after opening of Technical Bid.

12. The Bidder has to report to the Engineer-in-Charge for testing along with the required products and

instruments at least one 1 (day) before the commencement of the testing so that necessary

arrangements for replacement of existing fixtures and installations for the testing and demonstration

can be taken up.

13. PMC or third party (appointed by PMC) will provide required measurement devices for the measurement of different parameters like total consumption including watt loss and Lux Levels.

14. The Bidders who fail to report for the testing with their products and instruments as specified shall

be rejected.

15. The offers of the Bidder whose product fail to work satisfactorily during the testing shall also be rejected.

16. The offers of Bidders whose products do not conform to the specifications during the onsite testing

shall be out rightly rejected.

17. No cost for the demonstration shall be borne by PMC. PMC shall also not be held responsible for accident or for any damage or failure of the products or instruments during the demonstration. Adequate safety arrangements need to be made by the Bidder for safety of human being and equipments.

2.2 For determining the eligibility of Bidder for their pre-qualification hereunder, the following shall apply:

a) The Bidder for pre-qualification may be a single entity or a group of maximum 4 (four) entities (the

“Consortium”), coming together to implement the Project. However, no bidder applying individually or as

a member of a Consortium, as the case may be, can be member of another Bidder. The term Bidder used

herein would apply to both a single entity and a Consortium.

b) Bidder may be a natural person, private entity, government-owned entity or any combination of them with a

formal intent to enter into an agreement or under an existing agreement to form a Consortium. A

Consortium shall be eligible for consideration subject to the conditions set out in clause 2.5 below.

c) A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the bidding process

(“Bidding Process”). Any Bidder found to have a Conflict of Interest shall be disqualified. A Bidder shall

be deemed to have a Conflict of Interest affecting the Bidding Process, if:

(i) the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, its Member

or any Associate thereof (or any constituent thereof) have common controlling shareholders or other

ownership interest; provided that this disqualification shall not apply in cases where the direct or

indirect shareholding of a Bidder, its Member or an Associate thereof (or any shareholder thereof

having a shareholding of more than 5 per cent of the paid up and subscribed share capital of such

Bidder, Member or Associate, as the case may be) in the other Bidder, its Member or Associate is

less than 5 % (per cent) of the subscribed and paid up equity share capital thereof; provided further

that this disqualification shall not apply to any ownership by a bank, insurance company, pension

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fund or a public financial institution referred to in section 2(72) of the Companies Act, 2013. For the

purposes of this clause 2.2(c), indirect shareholding held through one or more intermediate persons

shall be computed as follows: (aa) where any intermediary is controlled by a person through

management control or otherwise, the entire shareholding held by such controlled intermediary in

any other person (the “Subject Person”) shall be taken into account for computing the shareholding

of such controlling person in the Subject Person; and (bb) subject always to sub-clause (aa) above,

where a person does not exercise control over an intermediary, which has shareholding in the

Subject Person, the computation of indirect shareholding of such person in the Subject Person shall

be undertaken on a proportionate basis; provided, however, that no such shareholding shall be

reckoned under this sub-clause (bb) if the shareholding of such person in the intermediary is less

than 26% of the subscribed and paid up equity shareholding of such intermediary; or

(ii) or a constituent of such Bidder is also a constituent of another Bidder; or

(iii) such Bidder, or any Associate there of receives or has received any direct or indirect subsidy, grant,

concessional loan or subordinated debt from any other Bidder, or any Associate thereof or has

provided any such subsidy, grant, concessional loan or subordinated debt to any other Bidder, its

Member or any Associate thereof; or

(iv) such Bidder has the same legal representative for purposes of this Bid as any other Bidder; or

(v) such Bidder, or any Associate thereof has a relationship with another Bidder, or any Associate

thereof, directly or through common third party/ parties, that puts either or both of them in a

position to have access to each other’s information about, or to influence the Bid of either or each

other; or

(vi) such Bidder, or any Associate thereof has participated as a consultant to PMC in the preparation of

any documents, design or technical specifications of the Project.

d) A Bidder shall be liable for disqualification if any legal, financial or technical adviser of PMC in relation to

the Project is engaged by the Bidder, its Member or any Associate thereof, as the case may be, in any

manner for matters related to or incidental to the Project. For the avoidance of doubt, this disqualification

shall not apply where such adviser was engaged by the Bidder, it’s Member or Associate in the past but its

assignment expired or was terminated 6 (six) months prior to the date of issue of this Tender document. Nor

will this disqualification apply where such adviser is engaged after a period of 3 (three) years from the date

of commercial operation of the Project.

Explanation: In case the Bidder is a Consortium, then the term Bidder as used in this clause 2.2, shall include each

Member of such Consortium.

2.3 To be eligible for pre-qualification and short-listing, a Bidder shall fulfil the following conditions of eligibility:

(A) Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”), the Bidder shall, over the past 5 (five) financial years preceding the Bid Due Date, have:

(i) paid for, or received payments for, eligible project of installation of LED fittings or (ii) paid for development of Eligible Project(s) in Category 1 and/or Category 2 specified in clause 4.2.1;

and/ or (iii) collected and appropriated revenues from Eligible Project(s) in Category 1 and/or Category 2 specified

in clause 4.2.1, such that the sum total of the above is more than Rs.105 Crores (Rupees One Hundred and Five Crores only) (“Threshold Technical Capacity”). Provided that at least one fourth of the Threshold Technical Capacity shall be from the Eligible Projects in Category 1 and/ or Category 3 specified in clause 4.2.1.

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(B) Financial Capacity: The Bidder shall have a minimum net worth (the “Financial Capacity”) of Rs. 20 Crore (Rupees Twenty Crore ) at the close of the preceding financial year.

In case of a Consortium of a maximum 4 (four) partners, the combined technical capacity and net worth of those

Members, who have and shall continue to have an equity share of at least 26% (twenty six per cent) each in the

SPV, should satisfy the above conditions of eligibility; provided that each such Member shall, for a period of 2

(two) years from the date of issue of work order by PMC for the Project, hold equity share capital not less than: (i)

26% (twenty six per cent) of the subscribed and paid up equity of the SPV; and (ii) 5% (five per cent) of Rs.

70,00,00,000/- (Rupees Seventy Crores only) (“Total Project Cost”) as specified in the Tender Document.

2.4 The Bidder should submit a Power of Attorney as per the format at Appendix- II, authorising the signatory

of the Bid to commit the Bidder. In the case of a Consortium, the Members should submit a Power of

Attorney in favour of the Lead Member as per format at Appendix-III.

2.5 Where the Selected Bidder is a single entity, it may be required to form an appropriate Special Purpose

Vehicle, incorporated under the Indian Companies Act, 2013 (the “SPV”), to execute the Contract and

implement the Project. In case the Selected Bidder is a Consortium, it shall, in addition to forming an SPV,

comply with the following additional requirements:

(a) Number of members in a consortium shall not exceed 4 (four), but information sought in the Bid may be

restricted to 4 (four) members in the order of their equity contribution;

(b) subject to the provisions of sub-clause (a) above, the Bid should contain the information required for each

member of the Consortium;

(c) members of the Consortium shall nominate one member as the lead member (the “Lead Member”), who

shall have an equity share holding of at least 26% (twenty six per cent) of the paid up and subscribed equity

of the SPV. The nomination(s) shall be supported by a Power of Attorney, as per the format at Appendix-III,

signed by all the other members of the Consortium;

(d) the Bid should include a brief description of the roles and responsibilities of individual members,

particularly with reference to financial, technical and O&M obligations;

(e) an individual Bidder cannot at the same time be member of a Consortium applying for pre-qualification.

Further, a member of a particular applicant Consortium cannot be member of any other applicant

Consortium applying for pre-qualification;

(f) the members of a Consortium shall form an appropriate SPV to execute the Project, if awarded to the

Consortium;

(g) members of the Consortium shall enter into a binding Joint Bidding Agreement, substantially in the form

specified at Appendix-IV (the “Jt. Bidding Agreement”), for the purpose of making the Bid and submitting

a Bid in the event of being short-listed. The Jt. Bidding Agreement, to be submitted along with the Bid,

shall, inter alia:

(i) convey the intent to form an SPV with shareholding/ ownership equity commitment(s) in

accordance with this Tender document, which would enter into the Contract and subsequently

perform all the obligations of the Developer in terms of the Contract, in case the concession to

undertake the Project is awarded to the Consortium;

(ii) clearly outline the proposed roles and responsibilities, if any, of each member;

(iii) commit the minimum equity stake to be held by each member;

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(iv) commit that each of the members, whose experience will be evaluated for the purposes of this

Tender document, shall subscribe to 26% (twenty six per cent) or more of the paid up and

subscribed equity of the SPV and shall further commit that each such member shall, for a period of

2 (two) years from the date of commercial operation of the Project, hold equity share capital not less

than: (i) 26% (twenty six per cent) of the subscribed and paid up equity share capital of the SPV;

and (ii) 5% (five per cent) of the Total Project Cost specified in the Contract.

(v) members of the Consortium undertake that they shall collectively hold at least 51% (fifty one per

cent) of the subscribed and paid up equity of the SPV at all times until the second anniversary of the

commercial operation date of the Project; and

(vi) include a statement to the effect that all members of the Consortium shall be liable jointly and

severally for all obligations of the Selected Bidder/Developer in relation to the Project until the

Financial Close of the Project is achieved in accordance with the Contract; and

(h) except as provided under this Tender document and the Bid documents, there shall not be any amendment

to the Jt. Bidding Agreement without the prior written consent of PMC.

2.6 Any entity which has been barred by the Central/ State Government, or any entity controlled by it, from

participating in any project (BOT or otherwise), and the bar subsists as on the date of Bid, would not be

eligible to submit the Bid, either individually or as member of a Consortium.

2.7 A Bidder including any Consortium Member or Associate should, in the last 3 (three) years, have neither

failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority

or a judicial pronouncement or arbitration award against the Bidder, Consortium Member or Associate, as

the case may be, nor has been expelled from any project or contract by any public entity nor have had any

contract terminated any public entity for breach by such Bidder, Consortium Member or Associate .

2.8 In computing the Technical Capacity and net worth of the Bidder/ Consortium Members under clauses 2.3,

and 4.4.3, the Technical Capacity and net worth of their respective Associates would also be eligible

hereunder.

For purposes of this Tender document, Associate means, in relation to the Bidder/ Consortium Member, a person

who controls, is controlled by, or is under the common control with such Bidder/ Consortium Member (the

“Associate”). As used in this definition, the expression “control” means, with respect to a person which is a

company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares

of such person, and with respect to a person which is not a company or corporation, the power to direct the

management and policies of such person by operation of law.

3. SUBMISSION OF BIDS: The Bids shall be submitted in two parts. 3.1 Part-I: Technical Bid shall be superscripted as: “Earnest Money and Technical Bids for Design,

Build, Finance, Operate, Maintain & Transfer the Project of Implementation of high impact

street light by installing Energy Efficient Dimmable LED Street lights along with per pole basis

SCADA system for Pune Municipal Corporation”. Technical bid shall contain following documents:

i. Acceptance of General Terms & Conditions as per Tender document.

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ii. All relevant company documents and certifications as mentioned in Eligibility Criteria. iii. The Bid will have to be signed and submitted by the proper authorized person as appointed by the

Bidder. The Letter of Authority confirming the same should be submitted along with the Bid. iv. Bid in the prescribed format (Appendix-I) along with Annexes and supporting documents; v. Power of Attorney for signing the Bid as per the format at Appendix-II;

vi. if applicable, the Power of Attorney for Lead Member of Consortium as per the format at Appendix-III; vii. copy of the Jt. Bidding Agreement, in case of a Consortium, substantially in the format at Appendix-IV;

viii. copy of Memorandum and Articles of Association, if the Bidder is a body corporate, and if a partnership then a copy of its partnership deed;

ix. copies of Bidder’s duly audited balance sheet and profit and loss account for the preceding 5 (five) years; and

x. any other sector or project-specific requirement that may be specified by PMC. xi. Guaranteed technical particulars of LED street lights and accessories as per Appendix X Part A & Part

B under Section 5 of this document. xii. Printed catalogue and technical specification/literature.

xiii. The Bid documents duly signed by authorized signatory in each page and stamped. xiv. Declaration duly signed by signatory of the Bidder in the official letterhead stating that “Bidder has

understood the scope of work and site conditions and carried out necessary site visits and completely comprehended the geographical aspects, works, land use as pacts and all normal and specific quality, safety, health and environment requirement and have sufficient resources such as qualified and experienced man power, material land equipment’s/instruments to carry out the scope of work.

xv. The Bidder shall submit the following documents/ technical details for our technical evaluation: a) Technical Catalogue of Product. b) Lumen Depreciation Curve of LEDs used (supplied by LED manufacturer). c) Polar Diagram of Luminaries tested in NABL & BIS certified laboratory for testing of d) Luminaries. e) LM79 Measurement Report for the luminaries tested in NABL & BIS certified laboratory for

testing of Luminaries. f) LM80 Report for the LEDs used (supplied by LED manufacturer).

xvi. Type Test Certificate of luminaries from Govt. accredited Test Lab/ERTL/ NABL. xvii. The Bidder shall submit the ISO certification for design, manufacturing and supply of the complete

lighting unit. xviii. Incomplete/conditional bids are liable to be rejected out rightly.

xix. No request for extension of the above mentioned due dates shall been entertained. However, PMC reserves the right to do so in case of circumstances deemed unavoidable.

xx. Bid Security The Bid shall be accompanied by submission of EMD of INR 1,50,00,000/- (Rupees One Crore Fifty Lacs only) online in the PMC account and cost of the Tender document specified hereinabove, pledged in favour of Commissioner, PMC, and these will have to be in any one of the forms (FDR/DD drawn on any Nationalized Bank for 180 (One Hundred and Eighty days) as specified in the Bid documents along with scanned copy of valid EPF,VAT,PAN CARD, VALID ELECTRICAL CONTRACTOR LICENSE, affidavit and certifying declaration statement in the Form as mentioned in the last page of DNIT. The offers without EMD will be rejected without assigning any reason as being non-responsive. The EMD shall be returned to the unsuccessful Bidders within a period of 180 (one hundred and eighty) days from the date of announcement of the Successful Bidder after approval of standing committee.

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3.2 PART 2: FINANCIAL BID:

The financial bid shall be superscripted as: Financial Bid for Design, Build, Finance, Operate, Maintain &

Transfer the Project of Implementation of high impact street light by installing Energy Efficient

Dimmable LED Street lights along with per pole basis SCADA system for Pune Municipal Corporation.

1) This envelope should be sealed and stamped. Financial bid shall contain only the duly filled in final

financial bid format as in Annexure VIII duly signed and stamped by authorized signatory and

covering letter duly signed by the authorized signatory and stamped on the letter head of the Bidder.

2) The Bidder has to quote the percentage share of saving in the energy bill to the PMC. The price shall be

quoted in figure as well as in words.

The offer should be considering all taxes and duties till the completion of the Project. a) The Bidder shall acquaint itself with the work and working conditions at site and locality. No claim

shall be entertained on this issue after the offer has been submitted. b) The cost of preparing the Bid including a visit to the site or office etc. will not be reimbursed as a direct

cost of the assignment and PMC is not bound to accept any of the Bids submitted. c) Any accessories/item which may not have been mentioned in the specification but are required for

satisfactory commissioning of the work shall be deemed to be included in the Contract and shall be provided by the Bidder without extra charges later on.

d) The Bidders may visit the target street light segment to estimate the work before submitting their bids at their own cost.

e) PMC reserves the right to order the final quantity based on the decision of the Committee.

The pages of documents, technical specifications, bids, supporting documents etc. shall be duly signed by the

authorised signatory and company seal should be affixed or each page. All pages should be properly numbered

and tagged or bound to avoid loss of information during processing of documents. Any part of which is not

specifically signed by the authorised signatory and not affixed with company seal shall not be considered for

the purpose of evaluation.

4. CRITERIA FOR EVALUATION 4.1 Evaluation parameters 4.1.1 Only those Bidder who meet the eligibility criteria specified in clause 2.3 above shall qualify for evaluation under this Section 4. Bids of firms/ consortia who do not meet these criteria shall be rejected. 4.1.2 The Bidder’s competence and capability is proposed to be established by the following parameters: (a) Technical Capacity; and (b) Financial Capacity 4.2 Technical Capacity for purposes of evaluation 4.2.1 Subject to the provisions of clause 2.2, the following categories of experience would qualify as Technical Capacity and eligible experience ("Eligible Experience") in relation to eligible projects as stipulated in clauses 4.2.3 and 4.2.4 (the "Eligible Projects"): Category 1: Project experience on Eligible Projects in LED light sector installation and commissioning that

qualify under clause 4.2.3

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Category 2: Project experience on Eligible Projects in energy saving sector that qualify under clause 4.2.3 Category 3: Installation experience on Eligible Projects in LED light sector that qualify under clause 4.2.4 Category 4: Installation experience on Eligible Projects in energy saving sector that qualify under clause

4.2.4 For the purpose of this Tender document:

(i) LED light sector would be deemed to include the Dimmable LED Street Light Fixture; and (ii) Energy saving sector would be deemed to include T5 fittings and energy saving feeder pillar.

4.2.2 Eligible Experience in respect of each category shall be measured only for Eligible Projects. 4.2.3 For a project to qualify as an Eligible Project under Categories 1 and 2: (a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, ESCO BOOT or other similar

basis for providing its output or services to a public sector entity or for providing non-discriminatory access to users in pursuance of its charter, concession or contract, as the case may be.

(b) the entity claiming experience should have held, in the company owing the Eligible Project, a minimum of 26% (twenty six per cent) equity during the entire year for which Eligible Experience is being claimed;

(c) the capital cost of the project should be more than Rs. 15,00,00,000/- (Rupees Fifteen Crores Only) (d) the entity claiming experience shall, during the last 5 (five) financial years preceding the Bid Due Date

have : (i) paid for development of the project (excluding the cost of land), and/ or (ii) collected and appropriated the revenues from users availing of non-discriminatory access to or use of fixed project assets, but shall not include from sale or provision of goods;

4.2.4 For a project to qualify as an Eligible Project under Categories 3 and 4, the Bidder should have paid for

installation or received payments from its client(s) for the installation during the 5 (five) financial years immediately preceding the Bid Due Date, and only the payments (gross) actually made or received, as the case may be, during such 5 (five) financial years shall qualify for purposes of computing the Experience Score (defined herein below). However, payments/receipts of less than Rs. 15, 00,00,000/- (Rupees Fifteen Crore Only) shall not be reckoned as payments/receipts for Eligible Projects. For the avoidance of doubt, it is clarified that only the cost incurred for installation of the fixtures shall be included for the evaluation purpose.

4.2.5 The Bidder shall quote experience in respect of a particular Eligible Project under any one category

only, even though the Bidder(either individually or along with a member of the Consortium) may have played multiple roles in the cited project. Double counting for a particular Eligible Project shall not be permitted in any form.

4.2.6 Subject to the provisions of clause 4.2.7, a Bidder’s experience shall be measured and stated in terms of

a score ("Experience Score"). The Experience Score for an Eligible Project in a given category would be the eligible payments and/or receipts specified in clause 2.3 (a), divided by one crore and then multiplied by the applicable factor in Table 4.2.6 below. In case the Bidder has experience across different categories, the score for each category would be computed as above and then aggregated to arrive at its Experience Score.

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Table 4.2.6: Factors for Experience across categories

Category 1 1.25

Category 2 1.00

Category 3 0.75

Category 4 0.50

4.2.7 The Experience Score determined in accordance with clause 4.2.6 in respect of an Eligible Project

situated in a developed country which is a member of OECD shall be further multiplied by a factor of 0.5 (zero point five) and the product thereof shall be the Experience Score for such Eligible Project.

4.2.8 Experience for any activity relating to an Eligible Project shall not be claimed by two or more Members

of the Consortium. In other words, no double counting by a Consortium in respect of the same experience shall be permitted in any manner whatsoever.

4.3 Details of Experience 4.3.1 The Bidder should furnish the details of Eligible Experience for the last 5 (five) financial years immediately

preceding the Bid Due Date. 4.3.2 The Bidder must provide the necessary information relating to Technical Capacity as per format at Annex-B

of Appendix-I. 4.3.3 The Bidder should furnish the required Project-specific information and evidence in support of its claim of

Technical Capacity, as per format at Annex-D of Appendix-I). 4.4 Financial information for purposes of evaluation 4.4.1 The Bid must be accompanied by the audited annual reports of the Bidder (“Audited Annual Reports”) (of

each Member in case of a Consortium) for the last 5 (five) financial years, preceding the year in which the Bid is made.

4.4.2 In case the annual accounts for the latest financial year are not audited and therefore the Bidder cannot make

it available, the Bidder shall give an undertaking to this effect and the statutory auditor shall certify the same. In such a case, the Bidder shall provide the Audited Annual Reports for 5 (five) years preceding the year for which the Audited Annual Report is not being provided.

4.4.3 The Bidder must establish the minimum net worth specified in clause 2.3 (B), and provide details as per

format at Annex-C of Appendix-I. 4.4.4 Notwithstanding anything to the contrary contained herein, in the event that the Bid Due Date falls

within 3 (three) months of the closing of the latest financial year of a Bidder, it shall ignore such financial year for the purposes of its Bid and furnish all its information and certification with reference to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest financial year. For the avoidance of doubt, financial year shall, for the purposes of the Bid hereunder, mean the accounting year followed by the Bidder in the course of its normal business.

4.5 EVALUATION OF THE BIDS PRE-QUALIFICATION, TECHANICAL AND FINANCIAL: The evaluation shall be done in three phases

1. First Phase - The Technical Bid shall be opened and documents submitted by the Bidder shall be evaluated against financial, technical, commercial, eligibility criteria as per the Tender conditions in all respects.

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2. Second Phase - The credentials of eligible Bidder shall be measured in terms of their Experience Score.

The sum total of the Experience Scores for all Eligible Projects shall be the “Aggregate Experience Score” of a particular Bidder. In case of a Consortium, the Aggregate Experience Score of each of its Members, who have an equity share of at least 26% in such Consortium, shall be summed up for arriving at the combined Aggregate Experience Score of the Consortium.

3 Third Phase - The Bidders qualifying in Second Phase will be considered eligible for opening of

Financial Bid. The evaluation process will be as follows:

a) The Bidder have to fill the details on Appendix-V & VI which gives the figure of percentage total

energy saving for 12 years;

b) The PMC will take the rate of unit Rs. 5.80/- per unit (as per present MSEDCL rate) for purpose

of evaluation of Bid only;

c) The evaluation of the winning bid will be done as per the illustration given below.

ILLUSTRATION

Name of the

Bidder

Units

saved

Percentage

Sharing to

Bidder

Percentage

Sharing to

PMC

Energy saving

Amount to PMC@

Rs.5.80/- per unit

Bidder -1 300 60% 40% 696

Bidder -2 250 55% 45% 652.50

Bidder -3 290 58% 42% 706.44

Bidder 3 is L1, Bidder 1 is L2, Bidder 2 is L3

The percentage saving which has been verified during the evaluation shall be fixed as “Minimum

Guaranteed Saving” in units.

A Bidder has to qualify in a phase in order to be found suitable for evaluation of the next phase. The

offer of a Bidder not qualifying in any one of the phases shall be rejected.

NOTE:-

If a Bidder fails to achieve the percentage energy saving claimed in Technical Parameters Section or

Appendix-V & VI and the Lux Levels required by PMC after replacement of existing street light with

energy efficiency Dimmable LED street light during the demonstration trials and lab tests, then such

Bidder’s Bid will be rejected.

A Bidder should submit 10 (ten) samples for each wattage of LED light along with Technical

Document. If the Bidder fails to submit the samples, then the Bid will be rejected.

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4.6 AWARD OF CONTRACT:

a. Contacting the Municipal Corporation:

From the time of Bid opening to the time of award of Contract (“Award of Contract” or “Letter of

Award” or “LOA”), if any Bidder wishes to contact the PMC on any matter related to the Bid, he

should do so in writing in accordance to the below given details . Any effort by a Bidder to influence

the PMC in respect of Bid evaluation, Bid comparison or Award of Contract, will result in the rejection

of the Bidder.

Kind Attention

Name :

Address:

Telephone:

Email id:

Any documents submitted by the tenderer apart from the Tender documents and the documents asked

for in the Tender would not be considered for evaluation.

b. PMC will award the Contract to the successful Bidder/s whose Bid has been determined to be the

lowest- evaluated responsive Bid (“Selected Bidder”), provided further that the Bidder has been

determined to be qualified to perform the Contract satisfactorily. In case of the Bid prices of more than

one Bidders are same or early delivery is required, the PMC at its option/ discretion may negotiate the

price further with other Bidders and award the Contract to the lowest price and accordingly divide the

work amongst such Bidders.

c. Within 30 (thirty) days from the date of issue of work order from PMC, the Selected Bidder shall sign

and execute the Contract in the format annexed hereto as Appendix XIII. The Contract shall be

executed in non-judicial stamp paper of suitable amount in INR as per the applicable stamp duty.

Failure to execute the Contract shall constitute sufficient ground for cancellation of award of contract

and forfeiture of the Security Deposit.

d. In case of a Consortium being awarded the LOA, the Consortium shall incorporate an SPV as per terms

of the Tender document within 90 (ninety) days of the receipt of the work order.

5. ENERGY SAVING CALCULATIONS FOR THE PURPOSE OF PAYMENT TO

SUCCESSFUL BIDDER.

For the payment to Selected Bidder, saving calculations will be done as per IPMVP (International Performance Measurement and Verification Protocol). Savings will be determined by independent third party appointed by PMC in order to ensure unbiased verification of the achieved savings. This will be done through field measurement of the energy use of the system, to which efficiency measured were applied separate from the rest of the facility. The savings are determined by engineering calculations using short term or continuous measurement throughout the definite period.

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5.1 Actual Measurement 5.1.1 Methodology and outputs

a) To measure, for a representative sample, the quantum of billed parameters such power/energy

consumptions, demand power, power factor, over a known time interval and with a known composition of loads.

b) To record performance parameters for comparison. c) To carry out observations as above both before (baseline) and after (m&v) the implementation of the

LED fittings.

5.1.2 Selection of sample

a) The sample shall consist of switching or metering points selected so as to cover at least 10 % of the existing quantity of each type of fixture wattage.

b) PMC will ensure that all the faults of existing fittings and feeders, if any, will be rectified to achieve 100% working conditions.

c) It shall cover a spread of locations as wide as possible. d) As far as possible, switching should be selected or arranged to have a single type of load. This may be

achieved by temporarily switching off loads small in number, leaving a circuit with uniform type of loads for the purpose of measurements.

5.1.3 Measurements

a) Measurements shall be carried out jointly by representatives of the PMC or the third party agency appointed by PMC and the Bidder. The observations shall be recorded in a suitable form.

b) The period of measurements shall be minimum two daily working cycles of the loads. c) Multifunction recording meters with downloadable outputs may be used for the measurements. Such

meters shall have a class of accuracy not less than 1.0 and shall have been calibrated not more than one year before the measurements with instruments having national/international reports. In such case the installation and removal of the meters and downloading of data shall be done jointly by the teams as above and the printed outputs signed by all representatives.

d) If existing meters of the utility are used for metering, the PMC shall ensure the accuracy and due calibration of the meters as above to the satisfaction of the EMF. In such case, the starting and ending readings of kwh shall be noted jointly. In all other respects the process shall be remain unchanged.

e) Simultaneously with the measurement, the following shall be noted/ measuring jointly and recorded on the observation forms:

i) Number of devices (e.g. lamps) of each type actually working during the measurement. ii) Values of performance parameters (e.g. Lux Levels)

5.1.4 Determination of savings:

a) Based on the observations as above, per unit values i.e. kWh before (baseline) and after (M&V) implementation of the LEDs are calculated for each type of load, leading to per unit savings for each type of load.

b) These values shall be extended to the annual value of saving by means of a) the average daily usage hours on observations and records, and b) the number of LED fitting of each type.

c) The quantified savings shall be converted into Rupee value in accordance with existing unit rate of Rs. 5.80/-

d) Actual energy consumption data received through SCADA/ Street lighting management server software

after the installation of LED Fixtures shall be compared with energy saving established by the IPMVP

protocol method and shall be taken to establish the energy saving.

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5.2 Payment shall be made as per the following

Minimum Guaranteed Saving given at the time of evaluation if achieved in first quarter, payment to be done shall be multiplied by the existing unit rate of Rs. 5.80/- multiplied by percentage share that bidder has quoted in the financial bid. This shall be considered as an absolute amount of payment which will be paid with 5% increase per year from the second year till the Contract Period.

During the evaluation whatever percentage of unit of different categories of lamps on any single feeder have been saved, based on which the winner was declared, that percentage of saving from the respective category shall be taken as minimum guaranteed percentage unit saving from the respective category of lamp. Any downward variation shall be deducted from the Bidder’s share of revenue i.e. if the Selected Bidder fails to achieve minimum guaranteed saving, whatever reduction in minimum guaranteed saving has come, will be deducted from the Bidder’s sharing.

After 6 (Six) years of Contract Period, the Selected Bidder shall have to change all the drivers of

fixtures with same or better quality of the same make within 3 (three) months without hampering the

illumination on the road. This period and onwards payments to the Selected Bidder shall be subject to

the entire replacement of same quality drivers. 6. FRAUD AND CORRUPT PRACTICES 6.1 The Bidder and their respective officers, employees, agents and advisers shall observe the highest

standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained

herein, the PMC may reject a Bid without being liable in any manner whatsoever to the Bidder 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 in the Bidding Process.

In such an event, PMC shall be entitled to forfeit and appropriate the EMD or Security Deposit as the

case may be, as damages without prejudice to any other right or remedy that may be available to PMC

under the Bid documents and/or the Contract or otherwise.

6.2 Without prejudice to the rights of PMC under clause 6.1 hereinabove, if a Bidder is found by the PMC

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 Bidding

Process, such Bidder shall not be eligible to participate in any tender issued by PMC during a period of

2 (two) years from the date such Bidder is found by PMC 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, as the case may be.

6.3 For the purposes of this clause 6, the following terms shall have the meaning hereinafter respectively

assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly,

of anything of value to influence the actions of any person connected with the Bidding Process

(for avoidance of doubt, offering of employment to, or employing, or engaging in any manner

whatsoever, directly or indirectly, any official of PMC who is or has been associated in any

manner, directly or indirectly, with the Bidding Process or the LOA or has dealt with matters

concerning the Contract or arising there from, before or after the execution thereof, at any time

prior to the expiry of 1 (one) year from the date such official resigns or retires from or otherwise

ceases to be in the service of PMC, shall be deemed to constitute influencing the actions of a

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person connected with the Bidding Process); or (ii) save and except as permitted under sub

clause (d) of clause 2.2, engaging in any manner whatsoever, whether during the Bidding

Process or after the issue of the LOA or after the execution of the Contract, as the case may be,

any person in respect of any matter relating to the Project or the LOA or the Contract, who at

any time has been or is a legal, financial or technical adviser of PMC in relation to any matter

concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts

or disclosure of incomplete facts, in order to influence the Bidding Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or

indirectly, any person or property to influence any person’s participation or action in the

Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or

employed or engaged by PMC with the objective of canvassing, lobbying or in any manner

influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest;

and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement

among Bidders with the objective of restricting or manipulating a full and fair competition in

the Bidding Process.

7. GENERAL TERMS AND CONDITIONS OF THE BID

1) No Bidder shall submit more than one Bid for the Project. A Bidder bidding individually or as a

member of a Consortium shall not be entitled to submit another bid either individually or as a member

of any consortium, as the case may be.

2) All communications in relation to or concerning the Tender, Bid documents including the pre-bid

meetings and any other agreement/undertaking/document submitted by the Selected Bidder with respect

to the Project shall form part of the Tender document/Contract.

3) PMC may, in its sole discretion extend the Bid Due Date by issuing an addendum uniformity for all

Bidders.

4) Late Bids: Bids received by PMC after the specified time on the Bid Due Date shall not be eligible for

consideration and shall be summarily rejected.

5) Notwithstanding anything to the contrary, the terms specified in the Tender document shall have an

overriding effect over any other document.

6) Verification and Disqualification:

a) PMC reserves the right to verify all statements, information and documents submitted by the Bidder

and the Bidder shall, when so required by PMC, make available all such information, evidence and

documents as may be necessary for such verification. Any such verification, or lack of such

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verification, by PMC shall not relieve the Bidder of its obligations or liabilities hereunder nor will it

affect any rights of PMC there under.

b) PMC reserves the right to reject any Bid and appropriate the EMD if;

I. At any time a material misrepresentation is made or uncovered, or,

II. The Bidder does not provide, within the time specified by PMC, the information sought by

PMC for evaluation of the Bid.

c) Such misrepresentation /improper response shall lead to the disqualification of the Bidder, if the

Bidder is a consortium and each member may be disqualified/rejected occurs, after the Bids have

been opened and the highest Bidder gets disqualified / rejected, then PMC reserves the right to;

I. Invite the remaining Bidders to submit their Bids, or;

II. Take any such measure as may be deemed for in the sole discretion of PMC including

annulment of the Bidding Process.

d) In case it is found the evaluation or at any time before signing of the Contract or after its execution,

that one or more of the pre-qualification conditions have not been met by the Bidder, or the Bidder

has made material misrepresentation or has given any materially incorrect or false information. The

Bidder shall be disqualified and PMC shall be entitled to forfeit and appropriate the EMD, or

Security Deposit as the case may be as damages, without prejudice to any other right or remedy that

may be available to PMC under the Bid documents and/or the Contract, or otherwise.

e) At any time prior to the Bid Due Date, PMC may, for any reason, whether at its own initiative or in

response to clarifications requested by a Bidder, modify the Tender document by the issuance of an

addendum.

7) Any addendum issued hereunder will be notified the PMC website and PMC shall not bear any

responsibility or liability arising out of non-receipt of the information regarding amendments in time or

otherwise. The Bidders must check the website for any such amendment before submitting their

Tender.

8) Validity of Bids – The Bids shall be valid for a period of not less than 120 (one hundred and twenty)

days from the Bid Due Date. The validity of Bids may be extended by mutual consent of the respective

Bidders and PMC.

9) Confidentiality - Information relating to the examination, clarification, evaluation and recommendation

for the Bidders shall not be disclosed to any person who is not officially concerned with the process or

is not a retained professional advisor PMC, in relation to or matters arising out of, or concerning the

Bidding Process, PMC will treat all information, submitted as part of the Bid, in confidence and will

require all those who have access to such material to treat the same in confidence. PMC may not

divulge any such information unless it is directed to do so by any statutory entity that has the power

under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity

and/or PMC or as may be required by law or in connection with any legal process.

10) The Bidder/Selected Bidder shall comply with the applicable laws and obtain all permits, consents,

approvals required under relevant at all times during the Contract. Non-compliance with the applicable

laws shall result in an Event of Default under clause 21 under Section III of the Tender document.

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SECTION- III

GENERAL TERMS AND CONDITIONS OF THE CONTRACT

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TERMS AND CONDITIONS OF THE CONTRACT

1. EXECUTION AND COMPLETION:

1.1. The Project including supply, erection and handing over in all respect should be completed within

given time period. Supply and installation should be completed within 6 (six) months from the date of

placement of order by PMC on the Selected Bidder (“Completion Date”). However, “time” being the

essence of the Project, early completion shall be highly appreciated.

1.2. Failure to complete the Project within stipulated time period shall attribute towards penalty as per

clause 7.1 mentioned under Warranty in Section III of Terms and Condition of the Contract.

1.3. Further, before getting “alteration / variation order”, the Developer shall not make any alterations or

additions to the approved work and equipment provided therein.

1.4. No claim as regards to the escalation in prices on account of labor, material, employees, machinery and

equipment or any other factor involved in work, for any reason shall be entertained by PMC.

1.5. The Developer shall not use the land, street lights or any other parts of the system for any other activity

or any other commercial purpose, apart from that permitted under the Contract.

1.6. The HOD (Electrical), PMC / supervising authority or any other official authorized by PMC shall have

full power and authority to inspect the Project work at any time and the Developer shall offer the

official every facility and assistance to carry out such inspections. The Developer or his authorized

representative shall at all times during the usual working hours and all other times, when so notified,

remain present to receive orders and instructions given to the Developer’s representative shall be

considered to have the same force, as if they had been given to the Developer himself. The Developer

shall comply with the orders and instructions within such justified time as per nature of work or

default.

1.7. During the Bidding Process no dispute of any type would be entertained. Even in such cases where

PMC asks for additional information from any Bidder, the same cannot be adduced as a reason for

citing any dispute

1.8. Whenever any claim is raised against Developer for the payment of sum of the money out of or under

the Contract, PMC shall be entitled to recover such sum by appropriating the Security Deposit in part

or in whole if Developer fails to meet such claim.

2. CONSIGNEE:

2.1. Engineer in charge (Elect.) and PMC shall be the consignee for the materials to be supplied under the

work for the Project.

3. PERFORMANCE BANK GAURANTEE:

3.1. The Selected Bidder shall be bound to submit a bank guarantee executed on a non-judicial stamp

paper worth Rs. 500/- (Rupees Five hundred only) issued by a Nationalized Bank in favor of PMC payable at Pune for Rs.14,00,00,000/- (Rupees Fourteen Crores Only) and valid for Project life in the proforma as perAppendix-XI of the Tender document. The Performance Bank Guarantee shall be submitted within 30 days of issue of work order. This bank guarantee shall be released after satisfactory completion of the installation. If the Project completion period is delayed, the Bidder shall further extend the bank guarantee to cover the delay period.

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4. FINANCING ARRANGEMENT:

4.1. The Developer may be allowed to raise bank loan, however PMC shall not remain guarantor for any bank loans.

4.2. The Developer shall not be allowed to assign, charge, lease, mortgage or create any form of encumbrance on the LED street lights or any of physical or other assets pertaining to the Project except for the escrow account to be opened for the Project by the Developer with its lender (“Project Assets”) for raising any bank loan.

5. PAYMENTS:

5.1. Payment shall be made by PMC quarterly, provided the Contractor fulfills the conditions of the Tender document and other criteria specified in the Bid. PMC shall create and maintain a separate budget for the purpose of payment to the Contractor. PMC shall maintain an amount equal to 1 (one) year payment throughout the Contract Period.

6. REPRESENTATIONS:

6.1. The Contractor shall represent to the PMC that:

6.1.1 It has the full power and authority to execute, deliver and perform the obligations under the

Contract and any other document pertaining to the Project and it has taken all necessary

action to authorize the execution, delivery and performance of the Contract; and

6.1.2 The Contract constitutes its legal, valid and binding obligation enforceable against it in

accordance with the terms hereof.

7. WARRANTY

7.1. All equipment shall be warranted for a period for the Project life from the date of taking over the installations from the PMC. In case of unsatisfactory performance and/or breakdown due to defective design, workmanship of material. The equipment’s of components, or any part thereof, so found defective/failure during warranty period shall be forthwith repaired or replaced free of cost, to the satisfaction of Engineer in Charge. Failures/defective shall include failure/ deterioration of LEDs in terms of performance like guaranteed luminous efficiency, high junction temperature, and abnormal lamp lumen depreciation, deterioration in LED including its lens, driver unit and quality of light. During the warranty /maintenance period, the Developer shall ensure to repair/ replace the defective systems for LED’s within 48 (forty eight) hours of receipt of the complaint failing which PMC shall be impose penalty at the rate of INR 1000 of per default per day per fitting. The penalty amount so imposed shall be deducted from the Security Deposit available with PMC. Separate record of the complaints shall be maintained by the PMC, Pune. The complaint shall be conveyed by the PMC through mail/fax. To avoid the penalty, it is suggested that Developer may maintain extra stock for material in the store of PMC as necessary. In the event the Developer fails to repair/replace the defective system for a period continuing for more than 2 days, then it shall be treated as Event of Default as under clause 21 of this document.

8. CONTRACT PRICE:

8.1. The Contract price shall be final throughout the Contract Period including the extension period, if any. Any increase/decrease in price, taxes and duties within the Contract Period shall be borne by the Developer.

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9. SUB-CONTRACTING:

9.1. The Developer may appoint labour sub-contractor for specified cause with the prior permission from PMC. All the terms and conditions of the Contract between the Contractor and PMC shall be binding on the sub-contractor. In any case, the Contractor shall be primarily responsible for carrying out work as per the Contract and as per standard electrical practices and for obedience and compliance of relevant laws. The sub-contractor shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

10. SERVICE SUPPORT:

10.1. The Developer needs to provide the support during the entire Contract Period through its local

representative (1st level support) whose details indicating name, postal address with pin code, e-mail, contact number and fax shall be furnished. The local representative shall extend necessary support to PMC for successful implementation of the Project. All calls related to the Project for resolving any issues shall be registered with the local representative by PMC during working hours from 9:00AM to 06:00 PM on all working days.

10.2. The Developer has to ensure a response time of at most 24 (twenty four) hours for attending the

calls. In case the call is not responded within 24 (twenty four) hours, it shall be escalated to the next higher authority (2nd level support). The Developer has to indicate also the name, postal address with pin code, e-mail, contact number and fax number of 2nd level authority for the purpose. Any change in contact person or their contact details shall be communicated to PMC within two days of such change.

10.3. The Developer should be fully responsible for maintenance of LED lights and any mishappening.

11. WORK COMPLETION:

11.1. In any case, the Developer cannot abandon the Project till completion of the work. The Developer

shall have to give an undertaking in proper forms for the same as required by PMC from time to time. In case, the Developer abandons the Project, all rights and remedies as available to PMC under applicable laws and the Contract shall be exercisable by PMC at its sole discretion including the right of PMC to purchase the necessary material from alternate sources and any extra cost incurred during any such process shall be recovered from the Contract and debited to the Developer’s account.

12. EXTENSION OF TIME:

12.1. The Developer will be bound to complete the Project on given time mentioned in the document. PMC may consider giving extension if it has reason to believe that delay is because of unavoidable reasons.

13. SAFETY PRECAUTIONS:

13.1. The Developer shall observe all applicable regulations regarding safety at the Site. Any compensation due on account of accident at site shall be borne by the Developer.

14. AUTHORITY FOR ACCESS:

14.1. No persons other than the employees of the Developer and his sub- Developer shall be allowed on the Project site except with the written consent of PMC. Facilities to inspect the work shall at all times be accorded by the Developer to PMC and its representatives, authorities and officials.

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15. STORE:

15.1. The storing of materials at work site shall be arranged by the Developer at its own cost. The Developer have to ensure that minimum 5 per cent of each wattage of LED fittings/accessories/ SCADA/ Street lighting management server software should be stored in advance. No compensation shall be made by PMC for any damage or loss of materials during storing, transit transportation and at the time of erection. The Developer has to ensure necessary safety and insurance during the storage and during installation of the project. The Developer after dismantling of existing fitting/ materials shall submit the same on every day basis to the Engineer in Charge at PMC Electrical Stores.

16. INSURANCE:

16.1. The Developer shall insure and keep insured all the LED street lights at his own cost. The insurance policy/s should cover damage, theft, loss or injury to person or property which may occur due to Project facility or improper maintenance throughout. The Contractor shall ensure that PMC is included as co-insured in all the insurance policies. The Contractor shall submit to PMC such copies of the insurance policies and other relevant documents.

16.2. In addition to the above, the insurance of all the equipments covered under this specification shall

also be done by the Developer with their own insurance underwriters at their own risk. The Developer shall make his own arrangement to receive and store the material at site. Any claim due to loss or breakage during transit, storage and installation shall be settled by the Developer with its insurance underwriters and the settlement of claims with the insurance company, railway authorities etc. for any loss/damage occurring during transit and storage at works site shall entirely be the responsibility of the Developer.

16.3. Further, the Developer shall undertake free replacement of the materials damaged or lost during

transit, storage and installation which will be intimated by the Consignee within 7 (seven) days of such loss or damage. Comprehensive insurance cover for men, machinery and all parts shall be arranged by the Developer for the entire period of Contract/during the maintenance period.

17. LIABILITY FOR ACCIDENTS AND DAMAGES:

17.1. The Developer shall assume all responsibilities for direct damages covering all type of accident,

injury or property damage caused by manufacturing defects or faulty installation of the LED street lights at the site.

18. INDEMNITY:

18.1. PMC (“Indemnified Party”) shall without any further actions, be indemnified by the Developer

(“Indemnifying Party”), against all claims, losses, liabilities, obligations, damages, deficiencies, judgements, actions, suits, proceedings, arbitrations, assessments and reasonable costs and expenses (including without limitation, attorney’s fees) arising out of any third party claims lodged against the indemnified party on account of : (i) the breach of any of representations and / or warranties and/or obligations of the indemnifying Party under this Contract of (ii) arising out of any claims whatsoever made on the indemnifying Party by any person whatsoever on account of non-payment of any taxes and/or statutory levies by the indemnifying Party in any jurisdiction whatsoever, and/or the violation whether intentional or unintentional by the indemnifying Party of any law, regulation and/or statutory enactment in any jurisdiction whatsoever, and/or the breach whether intentional or unintentional by the indemnifying Party of any of its contractual obligations to any other person whatsoever or (iii) any claim by a third party in relation to the Project.

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19. TEST CERTIFICATES AND INSTRUCTION BOOK ETC:

19.1. The supplier/ Developer shall furnish to the department the following documents along with the consignment:

19.1.1 Printed Pamphlets/Catalogues: Four Copies for each item of equipment.

19.1.2 Drawing and detailed technical specification of all the equipments. 19.1.3 Any other relevant information to be incorporated at the time of placing the work order

four copies. 19.1.4 The manufacturer/ Developer shall furnish the following certificates along with

Consignment of material. Certification should be obtained from ERTL /MNRE or any other NABL certified LAB.

19.1.5 The fixture manufacturer must show proof that the LEDs they use have been tested and

approved to IESNA’s LM80-08. The manufacturer must be able to provide the test data set to establish the authenticity and genuineness of the LEDs.

19.1.6 The Developer shall provide the Photometric test report of the luminaries as per LM79.

Test for the Street Lighting luminary should be preferably done in a Gonio photometer (not in an optical sphere since the size of sphere will be too big) with due precautions (temperature, humidity, airflow, input power supply) and will provide test data on total luminary flux (absolute Lumens), Luminous efficacy (ratio total lumens / total input power in watts), Luminous intensities (absolute candela) at typical C and Y angles. The Developer should have sufficient ability to simulate the test data for the desired bid and meet the bid criteria e.g. Lux Level & uniformity on given road.

19.1.7 The efficacy (ratio of lumen output from luminary to the luminary wattage) of the

luminary at test conditions shall be more than 95 lm/W. The quality of optical distribution will be integrally calculated, from wattage required per meter square or road stretch in meters meeting criteria for Lux Level & uniformity, while comparing the performance of luminary and set up a minimum standard for acceptance

20. COMPLETENESS:

20.1. Any accessories/item which may not have been mentioned in the specification but are required for satisfactory commissioning the work shall be deemed to be included in the contract and shall be provided by the Developer without extra charges later on.

21. EVENTS OF DEFAULT:

21.1. Each of the following events or occurrences shall constitute an event of default (“Event of Default”) under the Contract:

21.1.1 The Developer fails or refuses to pay any amount due under the Contracts and/or fails to perform any part of the Contract to the satisfaction of PMC;

21.1.2 The Developer fails or refuses to deliver commodities conforming to his Bid document/

specifications, or fails to deliver commodities and, or execute the works assigned to them within the period specified in work order or any extension thereof;

21.1.3 The Developer becomes insolvent or unable to pay its debts when due, or commits any

act of bankruptcy, such as filing any petition in any bankruptcy, winding-up or reorganization proceeding, or acknowledges in writing its insolvency or inability to pay its debts or the Developer’s creditors file any petition relating to bankruptcy of

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Developer;

21.1.4 The Developer otherwise fails or refuses to perform or observe any term or condition of the Tender document/Contract and such failure is not remediable or, if remediable, continues for a period of 30 (thirty) days after receipt by the Developer of notice of such failure from PMC;

21.1.5 If the Developer is not able to implement or complete the Project as per technical

parameters vide as per National Lighting Code as published by the Bureau of Indian Standard, the PMC shall take custody of all the property that has been used by the Developer to implement or complete of Project and Developer will have no right to raise any objection against PMC. Further the Performance Bank Guarantee / EMD of Developer will be forfeited and the Developer will be black listed; and/or

21.1.6 If the Developer defaults in producing less than 10% of lesser saving of the Minimum Guaranteed Saving for continuous six bill cycles then this would be termed as event of defaults from the Developer side and action will be taken against the Developer pursuant to clause 22 of the Tender document and/or the Contract.

22. CONSEQUENCES OF DEFAULT:

22.1. If an Event of Default occurs and is not remedied within 15(fifteen) days of its occurrence or is incapable of being remedied, PMC may forthwith terminate the Contract by written notice of 30(thirty) days. During the Event of Default, PMC may, without prejudice to any other right granted to it by law, or the Contract, take any or all of the following actions:

22.1.1 Present for payment, to the relevant bank the Performance Bank Guarantee; and/or

22.1.2 Recover any losses and / or additional expenses from the Developer from his sharing of

the savings. 22.2. Upon Termination of the Contract, the Developer shall comply with the following:

22.2.1 Notify to PMC forthwith the location and particulars of all Project Assets.

22.2.2 Deliver forthwith actual or constructive possession of the Project site free and clear of all

encumbrances and execute such deeds, writings and documents as may be required by the PMC for fully and effectively divesting the Developer and conveying the Project free of any charge or cost to PMC.

23. TERMINATION PAYMENT:

23.1 Upon termination of the Contract after the Completion Date of the Project, PMC shall pay the

Developer by way of Termination Payment an amount equal to 90% of the Debt Due (if any) less any amounts received under any insurance claims.

23.2 “Debt Due” herein means the aggregate of the following sum expressed in Indian Rupees

outstanding on the date of termination of the Contract:

23.2.1 the principal amount of debt provided by the lenders of the Bidder for financing the Total Project Cost but excluding any part if the principal that has fallen due to repayment 2 (two) years prior to the date of termination of the Contract; and

23.2.2 all accrued interest, financing fees and charges payable under the financing agreements on, or in respect of, the debt referred to in sub-clause (a) above until the termination of the Contract but excluding (i) any interest, fees or charges that had fallen due 1 (one) year prior to the termination, (ii) any penal interest or charges payable under the financing agreements to any lender, and (iii) any pre-payment charges in relation to accelerated repayment of debt except where such charges have arisen due to PMC’s default.

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23.3 Termination Payment under this clause shall only be payable by PMC to the Developer in

accordance with the terms set out herein if the terms of financing and the financing agreements referred to in the definition of ‘Debt Due’ have been approved by PMC prior to the date of signing of the Contract.

24. FORCE MAJEURE:

24.1 The Developer shall be under no liability if he is prevented from carrying out any of his obligations by reasons of war, invasion, theft, hostilities (whether war declared or not), riots, civil commotion, mutiny insurrection, rebellion, revolution, accident, earthquake fire, floods, Govt. orders and/or restrictions (except power supply restriction), delay or inability to obtain materials due to import or other statutory restrictions or other cause beyond the reasonable control of the Bidder. However, such force majeure circumstances are to be intimated immediately and to be established subsequently with proper documents/proofs to the entire satisfaction of PMC. If the Force Majeure subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365(three hundred and sixty five) days, or become unavoidable or if operations cannot be resumed within time limit, PMC shall have the right to terminate the Contract upon 10 (ten) days’ written notice to the other. In event of such termination of the Contract, no payment shall be due to any of the parties. The decision of the Municipal Commissioner shall be binding on the Developer in such an event.

. 25. STAMP DUTY

0.1 The stamp duty, registration charges and all other costs pertaining to the Contract shall be borne by

the Contractor.

26. ARBITRATION

26.1 Any dispute, difference or controversy of whatever nature between the Bidder/ Selected Bidder and PMC shall be settled as per the dispute resolution procedure set below:

26.1.1 Direct discussion between Parties The Bidder/ Selected Bidder and PMC agree that any dispute that may arise between them shall

be first submitted for direct discussion between the parties. For this purpose, the notice of

dispute (the “Notice of Dispute”) sent by one party to the other party under (a) shall be

considered an invitation for direct discussion, and it should specify a reasonable time and venue

for the conducting of negotiation proceedings. In addition, the Notice of Dispute shall specify

the basis of the dispute and the amount claimed. In the direct discussion proceedings, each party

shall be represented by their representatives/officials or employees with sufficient knowledge

and authority over the subject matter of the dispute in order for the discussion to be meaningful.

At the discussion proceedings, the party that has given the Notice of Dispute shall present an

offer of a settlement, which may form the starting point of discussions between the two parties

during the discussion proceedings.

26.1.2 Arbitration or Adjudication

In the event that the parties are unable to resolve the dispute through Direct Discussion under

clause (a) provided above, the parties shall submit the dispute for arbitration in accordance with

the Arbitration and Conciliation Act, 1996 to Municipal Commissioner, Pune Municipal

Corporation who shall act as arbitrator (“Arbitrator”). The Venue for such arbitration shall be

Pune.

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26.2 The Arbitrator shall make a reasoned award, and any award made pursuant to this point (b) shall be

final and binding on the parties as from the date on which it is made, and the Bidder/ Selected Bidder and the PMC agree to undertake to carry out the award without delay.

26.3 The arbitration proceedings shall be conducted in the English language and/or in Marathi.

26.4 The cost incurred on the process of arbitration including inter alia the fees of the arbitral tribunal and the cost of the proceedings shall be borne by the parties in equal proportions. Each party shall be bear its own legal fees incurred as a result of any dispute under this clause.

26.5 The rights of the parties shall remain in full force and effect, pending the award in any arbitration proceeding here under.

27. DIVESTMENT REQUIREMENTS:

27.1 Upon Termination, the Developer shall comply with and conform to the following divestment

requirements:

27.1.1 notify to the PMC forthwith the location and particulars of all Project Assets;

27.1.2 deliver forthwith the actual or constructive possession of the Project Assets, free and clear of all encumbrances;

27.1.3 cure all Project Assets of all defects and deficiencies; provided that in the event of

Termination during the construction period, all Project Assets shall be handed over on ‘as is where is’ basis after bringing them to a safe condition;

27.1.4 deliver and transfer relevant records, reports, intellectual property and other licences

pertaining to the Project and its design, engineering, development, operation and maintenance. The Developer represents and warrants that the intellectual property delivered hereunder shall be adequate and complete for the design, engineering, development, operation and maintenance of the Project and shall be assigned to the PMC free of any encumbrance;

27.1.5 transfer and/or deliver all applicable permits to the extent permissible under applicable

laws;

27.1.6 execute such deeds of conveyance, documents and other writings as the PMC may require for conveying, divesting and assigning all the rights, title and interest of the Contract in the Project Assets, including manufacturers’ warranties in respect of any plant or equipment and the right to receive outstanding insurance claims to the extent due and payable to the PMC, absolutely unto the PMC or its nominee; and

27.1.7 comply with all other requirements as may be prescribed or required under applicable

laws for completing the divestment and assignment of all rights, title and interest of the Contract in the Project, free from all encumbrances, absolutely unto the PMC or to its nominee.

28. DISPUTE RESOLUTION & JURISDICTION OF COURT:

28.1 Subject to the arbitration provision as set out above, the Contract between Pune Municipal

Corporation and Developer shall be governed by Indian laws and that the courts and or tribunals in Pune shall have the sole exclusive jurisdiction to settle any disputes which may arise out of or in

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connection with the Bid documents or any related documents whatsoever.

29. ASSIGNMENTS AND CHARGES:

29.1 This Tender document and/or the Contract shall not be assigned by the Developer save and except

with prior consent in writing of PMC, which consent PMC shall be entitled to decline without

assigning any reason whatsoever. However, PMC may at its sole discretion assign any or all part of

this Tender and /or the Contract to any person as it may deem it.

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SECTION - IV

TECHNICAL SPECIFICATION

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TECHNICAL SPECIFICATIONS 1. APPLICABLE STANDARDS

The required materials should confirm to the following Indian & International standard specification.

S. No. IS Specification

No./International

standard No.

1 IS 16105 Measurement of lumen maintenance of

LED sources (LM80)

2 IS 15885 ( Part I Safety of Lamp control gear (equivalent

and II) IEC in case of driver)

3 IS 16104 Performance requirement for Electronic

Control gear for LED modules

( IEC equivalent)

4 IS 16106 Method of electrical and photometric

measurements of solid state lighting

product (LM 79)

5 IS 16108 Photo biological safety of lamps and lamp

systems (IEC equivalent)

6 IEC 60598(60598- Particular requirements – Luminaries for

2-3) road and street lighting

7 LM-79 Approved method for electrical and

photometric measurements of solid-state

lighting products

8 LM-80 Approved Method for measuring

maintenance of LED light sources

9 IEC 61347-1,-2- Particular Requirements for D.C. or A.C.

13, Supplied Electronic Control Gear for LED

Modules.

10 IS 10322 Specification for the luminaries

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Materials meeting with the requirements of other authoritative standards, which ensure equal or better

quality than the standards mentioned above, shall also be considered. In such case the salient points of

difference along with advantages between the standards adopted and the specified standards shall be clearly

brought out in a schedule For values not available in relevant IS values indicated in the GTP/ specification

shall be valid. In case of discrepancies between values of IS and GTP the better will prevail.

2. TECHNICAL REQUIREMENT FOR LED STREET LIGHTS 2.1. GENERAL:

2.2. CONSTRUCTION:

The lamps should be robustly built with adequate mechanical strength, heat resistance, insulation

resistance and flame resistant material complying with relevant clauses of IS 16102. It should be made

of pressure die cast Aluminum with toughened glass / poly carbonate cover suitable for mounting on a

pole pipe bracket with complete locking arrangement. The complete housing of the lamp should have

an ingress protection level of IP 66 for the lamp compartment as well as the driver circuit.

The viewing angle of the luminaries shall be suitable for street lighting bids to achieve required

uniformity. The weight of the lighting fixtures should be compatible with the existing pole and its

associated structures. The total power consumption in the LED lighting fixture shall not exceed the total

guaranteed power consumption including power consumption in the electronic circuit of the driver for

that particular bid over the entire voltage range given in clause 2.1. The fluctuations in line voltage

shall have no visible effect on luminous intensity of the LED luminaries.

2.2.1 DESIGN AND OUTPUT 2.2.1.1 Design of the street light shall be done on the basis of samples/sections of each type of roads defined

by PMC for evaluation. Installation techniques of the poles will remain as it is. i.e a) staggered, b) twin centered, c) single sided, d) opposite sided. The lumens output shall be checked on all types of roads for five sections of the road of minimum 250 m. road length.

2.2.1.2 Detailed design shall be done on the basis of following parameters. 1. Lux Level as per IS 1944 / IEC --- Confirming to road category 2. Uniformity shall be >/=0.7 3. Tilt of Arm shall be maintained as it is. 4. The lumen de-rating factor over the period of time shall not be less than 3% per year.

Bid Street lighting

Rated Voltage 90 - 300 volts AC

Rated Frequency 50Hz

Usage Avg.12 hrs/day

Color Cool White

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The illumination output of the LED fixtures reduce over the lifetime in accordance to norms of L70 of

IS:16103 (Part-2). This is termed as Lumen Maintenance. The LED fixtures are expected to not lose

Lumen output by more than 70% over the period of 60,000 hours.

2.2.1.3 After 5 (five) years of the commencement of the Contract, the Developer shall, in the event of light

output decaying more than 20%, replace the fixture of the same standard. Failing to comply with this,

would invoke the Event of Default leading to termination of the Contract as per Clause no.38 and 39

under Section III of the Tender document.

2.2.1.4 The luminaries should not have overlighty and high uniformity. Random sample checking of the LED

lights shall done by PMC at any time without prior notice of the same.

2.2.1.5 The luminaries should be able to operate with constant light output from 90V–300V supplied voltages

using the same driver

• Power Factor of the electronic driver should be at least > 0.9 and with THD<20%, • The luminaries should be semi cut off type as per IS 1944, the throw & spread should be able

to deliver uniform light with exactly the desired intensity. The Luminaries shall employ

structured LED array for optimized roadway photometric distribution with photometric lenses

designed to optimize lumen efficacy and minimal glare, individual optical lens to be provided

on each LEDs on a lens plate.

• The fixture should have a minimum impact resistant of IK 07 while the ingress protection with

suitable protection by using cover for driver and LEDs should confirm to minimum IP 66.

• Heat dissipation should be managed through a built-in external heat-sink. • For the driver, an internal type test report complying with international standards with reference

to various general and safety requirements & parameters needs to be submitted. The efficiency of the driver shall be more than 85 % in all cases at all times during Contract Period.

2.2.2 Performance Standards:

The Bidder shall furnish the details of LED lighting module specification: 2.2.2.1 LM80 compliance certificate to be adhered by the LED chip manufacturer. LED data sheet should

comprise of Lumen depreciation (life) data, lumen output, junction temperature, pad temperature,

thermal resistance, and LED drive current, efficacy of LED should not be less than 120lm/watt.

(LM 80 report should be scanned & uploaded) (IESNA: Approved Method for Measuring Lumen Maintenance of LED Light Sources and LED lumen depreciation time to L70 based on LM-80 data) (Approved method for the Electrical and Photometric Measurements of Solid-State Lighting Products).

2.2.2.2 LM-79 compliance certificates from UL/ERTL or Govt. approved laboratory subject to submission of

required certificate. (LM 79 report should be scanned and uploaded). 2.2.2.3 Electrical safety as per IEC. - As per IEC safety standards IEC61000, 61547, 61347. 2.2.2.4 The luminaries should be tested as per IEC 60598 standards and following test reports should be

submitted: Heat Resistance Test, Thermal Test, Ingress Protection Test, Electrical / Insulation Resistance

Test, Endurance Test, Humidity Test. 2.2.2.5 The luminaries should be tested for 'Drop test' as per IEC 60068-2-31/IS9000 Part 7 / Sec 3 standards. 2.2.2.6 The luminaries should be tested for 'Vibration test' as per ANSI/IEC 68-2-6 standards.

The luminaries should be able to operate with constant light output from 90V–300V supplied voltages

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using the same driver, delivering nominal >110 lumens/watt at system level&>120 lumens at LED level.

The maintenance services shall include examination of the installation during regular working hours by trained persons in consultation with PMC and shall include all necessary supplies and genuine standard parts to keep the lighting and the controllers in proper working order.

PMC reserves rights to incorporate additional facilities without affecting this Project without any

obligation to developer.

2.3 MARKING: The following information shall be distinctly and indelibly marked on the housing: a. Manufacturer’s name. /Year of Manufacturer. b. Rated voltage (marked “V” or volt). c. Rated wattage (marked “W” or watts) d. Rated lumens. e. Batch No. /Serial No. f. Not for sale - High Impact LED Street Light Project, PMC-PUNE. 2.4. TOTAL HARMONIC DISTORTION:

Should be less than 20%. 2.5. LED LAMP EFFICACY:

Should not be less than 120 lumens per watt. 2.6. POWER FACTOR:

Should be greater than 95% including the driver circuit 2.7. COLOUR RENDERING INDEX

Nominal CRI of 70. 2.8. DRIVER CIRCUIT EFFICIENCY:

Should be greater than 85%. The control gear should be complying with IEC 61347-2-13 and relevant IEC certification as per requirement. The driver should comply with CISPR-15 for limit and methods of measurement of radio disturbance characteristic. Retaining to drivers need to be produce.

2.9. CORRELATED COLOUR TEMPERATURE Should be between 4500 º K to 5500 ° K.

2.10. LIFE EXPECTANCY:

Should be 50000 glow hours at normal ambient conditions or better for L70 as per IS 16102 (Part-

2):2012. 2.11 WORKING CONDITIONS:

Temperature: -5to50°C Humidity: 10%to90%RH

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2.12 SWITCHING

The street light to be operated through group switching device for operation during night hours only

and the street light should be operated individually from the feeder panel for repair purpose in day time.

2.13 Earthing

Developer should ensure the pole earthing and if the earthing is not proper, the contractor should

provide dedicated earthing and should use 3 core shielded cable /wire from fixture to pole earthing and should

provide safe connection of fixture.

2.14 STANDARDS: A. FIXTURE:

1. The luminary should confirm to IEC 60598(60598-2-3)/IS10322.

2. LM-79 Fixture Test Report.

3. EPMC test report(EN 55015,EN 61547,61000-3-2)

B. LED: 1. LM-80 LED Test report. C. DRIVER: 1 IEC 61347-1,-2-13, Test report. 2 IEC 62384. Test report.

GENERAL REQUIREMENTS FOR STREET LIGHTING: i) The fixture shall be capable of installation on the existing poles, brackets, and in the existing lighting

segment as per specified in the document. ii) Only OSRAM/ LUMILEDS/CREE (USA) make LEDs shall be used for the street lights. iii) The luminaries casing/housing shall be of pressure die cast aluminum having high conductivity heat

sink material. iv) The electronic components used shall be as follows:-

IC (Integrated circuit) shall be of industrial grade or above.

Metallic film / Paper/Polyester Capacitor shall be rated for a sustained operating temperature of 105ºC.

The resistors should be preferably made of metal film of adequate rating. The actual rating versus

loading shall be by a factor of 3.

The junction temperature of the Switching devices such as transistors and MOSFETs etc. shall not

exceed 125ºC (allowing thermal margin of 25 ºC).

The protective cum adhesive coating used on PCBs should be cleared and transparent and should not

affect color code of electronic components or the product code of the company.

The construction of PCBs and the assembly for components for PCBs should be as per IS standards.

The electronics covered for this equipment shall pass all the tests called for in the above specification.

The Bidder shall indicate the deviation or compliance otherwise the offer shall not be considered for

evaluation.

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The infrastructure for Quality Assurance facilities as called for in the above specification must be

available at the manufacturing facility. In house testing facility for Quality Assurance should be

present. The compliance shall be indicated clearly in itself. v) Care shall be taken in the design that there is no water stagnation anywhere and entire housing shall be

dust and water proof having IP66 protection as per IEC 60529.

vi) The manufacturers shall ensure that the fixture is designed in such a manner that it conducts the heat

away from the LEDs as efficiently as possible. The design shall ensure that the junction temperature is

kept as low as possible during operation. Thermal management shall be in such a way that Luminary

shall have trouble free operations from -20 ºC to +50ºC. The following test shall be done to determine

efficient thermal management: viii) All the material used in the luminaries shall be halogen free and fire retardant confirming to UL94.

ix) Lighting Distribution Type Cut Off/ Semi Cut Off type as per IESNA. Type II/ III Lighting

Distribution.

x) The manufacturer /Bidder should also offer Comprehensive Maintenance Contract (CPMC) for the post Warranty period.

xi) All the supplied lamps, luminaries and fittings shall carry permanent marking as “Not for sale –

PMC….. Note:

1) All the materials supplied shall have manufacturer’s test certificate.

2) The Bidder shall have to mention the make of the materials to be supplied.

3) Technical specifications with manufacturer’s literature shall be attached along with Technical Bid.

4) The specifications mentioned above are minimum requirements of PMC; the Bidder can quote for

higher specification for better performance & life span.

5) Material testing charges of ERDA or any other laboratory shall be borne by the Developer.

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Street Lighting Management technical details/ per pole SCADA Technical details

Sr. no. Items Remarks

1 Street light controller (SLC)

SLC would be a standalone street lighting controller device

that shall be installed on every street light for On-Off-Dim-

Fault detection purpose. It shall be interfaced externally or

would be inbuilt with the luminaire.

• It shall have inbuilt wireless radio based on Sub 1 GHz

LPRF technology.

• SLC should support a communication over ISM band 865-

867 MHz, delicensed band in India as per Wireless

planning and coordination wing (WPC).

• The SLC enabled streetlights shall form a mesh network

and support two-way communication with the cloud

based lighting management server software.

• It shall have an ability to switch ON / OFF a luminaire up

to 400 W.

• It shall have analog output (0- 10 V) / PWM facility for

dimming a dimmable luminaire.

• It shall also support a facility to connect motion sensor if

required in future.

• It shall support fault detection of every individual

luminaire and should send the notification to lighting

management server software.

• The low power radio frequency communication should

have a minimum transmit power support of 15 dBm and

should support a communication range of minimum 100

meters on a normal moving road in line of site condition.

• The radio should be based on IEEE 802.15.4g.

• The radio should support mesh network such that it

supports minimum 20 hops.

• The network should be self-forming, self-healing network.

• The network should support data communication security

of 128 bit AES encryption.

• The SLC should support over the air remote firmware

and configuration upgrade from the lighting

management server software.

2 Metering unit (At feeder

box)

This shall be a metering unit that shall support three phase

energy measurement of a group of luminaires installed

downside a feeder. It shall be a wireless device that shall

end the data to the lighting management server.

• The metering unit used shall be class 1 ISI mark energy

meter with required certification from government

accredited lab.

• The metering unit should support measurement of below

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electrical parameters

• Per phase voltage, per phase current, kWh, active power,

reactive power, power factor, and frequency.

3 Data concentrator unit

(DCU)

It shall be a standalone device which should be able to

communicate with the wireless street lights over Sub 1 GHz

(865 – 867 MHz) and also with the lighting management

server software over GSM / GPRS / Ethernet backbone.

• The DCU device should support collection and reporting

of the metering data at every 15 minutes’ interval. The

interval of reporting should be configurable.

• The DCU device shall have an inbuilt RTC with required

battery backup. It should sync up automatically with the

centralized server software time.

• Internal storage: SD card, 8 GB for offline storage of data.

• The DCU unit should support a battery back of at least 4

hours.

• The DCU enclosure should be such that it can be mounted

on a pole / feeder.

• The enclosure should be of metal / ABS with IP55 / IP66

and should have lock-n-key arrangement.

• The DCU shall send the data to the lighting management

server software over reliable GPRS communication

backbone / Ethernet based backbone and efficient

communication protocol.

• The DCU should be able to store the schedule locally for

switching ON and OFF the lights connected to it as per

schedule configured. It should also support real time ON /

OFF of luminaire.

• The DCU should support over the air remote firmware

and configuration upgrade mechanism.

• One DCU should be able to support minimum 200

wireless luminaire and up to 5 metering units.

4 Lighting management

server software ( Web

based SCADA)

• The lighting management server software shall be a

software that shall be installed on the server of the ULB /

Municipal Corporation.

• The lighting management server software shall be made

such that it can support more than 100,000 wireless

street lights.

• The server software should have an intuitive user

interface, easy to use and navigate.

• It should support search and filters for ease of usage and

navigation to identify lights that are – healthy, faulty.

• It should support a dashboard which can give a quick

view of an area / feeder / luminaire. It should typically

support

- Electrical parameters of the feeder / metering unit –

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three phase voltage, current, KWH.

- Status of lights downside the feeder / metering unit –

alerts / notification icons.

- Button to do an “On demand” ON / OFF / DIM of

group of lights below the feeder / metering unit.

• The lighting management software should support alerts

for – faulty lights, over voltage, under voltage, over

current, power outage.

• It shall support the facility to do grouping of lights,

metering units. The naming should support alphanumeric

string.

• The server software should support configurability for

thresholds for over voltage, over current, under voltage,

wattage of lights connected.

• The server software should be able to configure the ON /

OFF / DIM schedule for a switch point or group of switch

points based on Sun rise / Sunset and shall also support

configurability of the time as desired.

• It should have a mechanism to detect faulty lights

downside a feeder / metering unit.

• The software shall support configuration of five mobile

numbers and five email address per feeder point for SMS

and email notification of alerts / alarms. In case of faulty

light, the SMS sent should also send the GPS coordinates

and id of the light.

• It should support user role creation with different access

permissions for User / Supervisor / Manager /

administrator

• The device configuration shall support configuration of

the APN and network service provider details.

• The lighting management server software should support

summary screen to get a tabular and or graphical

overview of the complete installation status with

percentage / count of healthy / faulty in a given area,

under a feeder and also of the complete city.

• The lighting management software should be able to

identify the exact location of the light on which the fault

has occurred with relevant GPS co-ordinates.

• The lighting management server software should have

integration with google or relevant maps to show the

location of luminaire and metering units on the map.

• The server software should support following reports:

- Operational hours report for an individual light /

group of lights under a feeder / metering unit.

- Fault report with light id, location and duration from

which the fault is active.

- Alert / alarm report with date and time stamp for

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fault, power failure, under voltage, over voltage, over

current.

- Energy consumption report with KWH, current of all

phases, voltage of all phases, active power, reactive

power.

- User activity report to detect who had logged in at

what time and what action was done on the server).

- Energy saving report. This shall be based in

comparison with the earlier wattage / consumption

as finalized by IMVP protocol.

- Fault penalty report as per the agreed SLA.

• The user interface of the software should support

accessing of reports for daily, weekly, monthly or custom

date selection.

• The resolution of the lighting management server

software shall be such that it can be accessed from a

computer / laptop / mobile / tablet.

• The lighting management server software should support

export of the report data in a CSV format such that it can

be accessed in Microsoft Excel for further analytics.

• The server software should be able to report the alert /

alarm notification via SMS and email to pre-configured

mobile numbers and email address.

• It should have required antivirus, malware and protection

against hacking attacks.

3 Mobile interface The solution shall support interface and user touch point over

a normal android phone with relevant application.

The purpose would be to support on demand operation of

luminaire in a given area – ON / OFF / DIM of luminaire

without need for GPRS connection.

The mobile app should support the functionality to

synchronize with the lighting management server software

over GPRS connectivity.

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TEST AND TEST CONDITIONS:

(i) Design Qualification Testing shall be performed by the manufacturer or an independent testing lab

hired by the manufacturer on new LED module/ array designs and when a major change has been

implemented on an existing design. (ii) The vendor shall submit manufacturer’s test certificates complete with verification of Design

Qualification Testing details by an independent testing authority. (iii) The fixture manufacturer must show proof that the LEDs they use have been tested and approved to

IESNA’s LM80-09. The manufacturer must be able to provide the test data set to establish the authenticity and genuineness of the LEDs.

2. Tests conducted on LED luminaries are classified as: 1) Type test, 2) Acceptance test, 3) Routine test. 3. Type Test shall be carried out to prove confirmation with the requirements of specification and general

quality/ design features of the unit. In case of any change in Bill of Material or design of unit,

complete type test shall be repeated. If any sample fails in any of the type tests, fresh samples shall be

taken and tested. If any sample again fails in that test, the whole lot shall be rejected. 4. Acceptance Tests are carried out by an inspecting authority from PMC at the Developer’s premises on

sample taken from a lot for the purpose of acceptance of a lot. Acceptance tests shall not be carried out

from particular size or lot on which type tests have already been conducted. It should be done in a

NABL accredited Lab. 5. Routine Tests shall be performed by the manufacturer on each complete unit of the same type and the

results shall be submitted to the inspecting authority from PMC, prior to offering the lot for acceptance

test. The Bidder shall maintain the records with traceability.

5.1 Sample size and criteria for conformity. (I) The luminaries shall be selected from the lot at random. In order to ensure randomness of selection,

procedures given in IS 4905-1968 (Reaffirmed 2001) may be followed.

(II) Test Scheme:

Sr.No. Description of Type Test Acceptance Routine

Test Tests Tests

1 Visual and Y Y Y

Dimensional

Check

2 Checking of Y Y Y

documents of

purchase of LED

3 Résistance to Y - -

humidity

4 Insulation Y Y Y

résistance test

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5 HV test Y Y Y

6 Over voltage Y - -

protection

7 Surge protection Y - -

8 Reverse polarity Y Y -

9 Temperature Y Y -

Rise

10 Lux Y Y -

measurement

11 Fire retardant Y - -

12 Test for IP66 Y - -

Protection

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SECTION V

LIST OF APPENDICES/ANNEXURES

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Appendix I - Letter Comprising the Bid for Pre-Qualification

Dated:

To, [The Secretary, *********** ***********]

Sub: Bid for pre-qualification for ***** Project Dear Sir,

With reference to your Tender document dated ……….., I/we, having examined the Tender document and understood its contents, hereby submit my/our Bid for Qualification for the aforesaid Project. The Bid is unconditional and unqualified. 2. I/ We acknowledge that PMC will be relying on the information provided in the Bid and the documents accompanying such Bid for prequalification of the Bidder for the aforesaid project, and we certify that all information provided in the Bid and in Annexes A to E is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying such Bid are true copies of their respective originals. 3. This statement is made for the express purpose of qualifying as a Bidder for the development, construction, operation and maintenance of the aforesaid Project. 4. I/ We shall make available to PMC any additional information it may find necessary or require to supplement or authenticate the qualification statement. 5. I/ We acknowledge the right of PMC to reject our Bid without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever. 6. I/ We certify that in the last three years, we/ any of the Consortium Members or our/ their Associates have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award, nor been expelled from any project or contract by any public authority nor have had any contract terminated by any public authority for breach on our part. 7. I/ We declare that:

(a) I/ We have examined and have no reservations to the Tender document, including any Addendum issued by PMC;

(b) I/ We do not have any conflict of interest in accordance with clauses 2.2(c) and 2.2(d) of the Tender document;

(c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in clause 6.3 of the Tender document, in respect of any tender or request for proposal issued by or any agreement entered into with PMC or any other public sector enterprise or any government, Central or State; and

(d) I/ We hereby certify that we have taken steps to ensure that in conformity with the provisions of Section 4 of the Tender document, no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

2. I/ We believe that we/ our Consortium/ proposed Consortium satisfy(s) the Net Worth criteria and meet(s) all the requirements as specified in the Tender document and are/ is qualified to submit a Bid.

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3. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are not a Member of a/

any other Consortium applying for pre-qualification.

4. I/ We certify that in regard to matters other than security and integrity of the country, we/ any Member of the Consortium or any of our/ their Associates have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which could cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the community.

5. I/ We further certify that in regard to matters relating to security and integrity of the country, we/ any Member of the Consortium or any of our/ their Associates have not been charge-sheeted by any agency of the Government or convicted by a Court of Law.

6. I/ We further certify that no investigation by a regulatory authority is pending either against us/ any Member of the Consortium or against our/ their Associates or against our CEO or any of our directors/ managers/ employees.

7. I/ We undertake that in case due to any change in facts or circumstances during the Bidding

Process, we are attracted by the provisions of disqualification in terms of the provisions of this Tender, we shall intimate PMC of the same immediately.

8. The Statement of Legal Capacity as per format provided at Annex-E in Appendix-I of the Tender

document, and duly signed, is enclosed. The power of attorney for signing of Bid and the power of attorney for Lead Member of consortium, as per format provided at Appendix II and III respectively of the Tender, are also enclosed.

9. I/ We understand that the selected Bidder shall either be an existing Company incorporated under the Indian Companies Act, 1956, or shall incorporate as such prior to execution of the Contract.

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

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

12. I/ We certify that in terms of the Tender, my/our Networth is Rs. ……………….. (Rs. in words) and the Aggregate Experience Score is …………………….. (number in words).

13. We agree and undertake to be jointly and severally liable for all the obligations of the

14. Developer under the Contract till occurrence of Financial Close in accordance with the Contract.

In witness thereof, I/ we submit this bid under and in accordance with the terms of the Tender document.

Yours faithfully, Date: (Signature, name and designation of the Authorised Signatory) Place: Name and seal of the Bidder/ Lead Member Note: Paragraphs in square parenthesis may be omitted, if not applicable, or modified as necessary.

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Appendix I

ANNEX-A

Details of Bidder 1. (a) Name: (b) Country of incorporation: (c) Address of the corporate headquarters and its branch office(s), if any, in India: (d) Date of incorporation and/ or commencement of business: 2. Brief description of the Company including details of its main lines of business and proposed role and responsibilities in this Project: 3. Details of individual(s) who will serve as the point of contact/ communication for PMC: (a) Name: (b) Designation: (c) Company: (d) Address: (e) Telephone Number: (f) E-Mail Address: (g) Fax Number: 4. Particulars of the Authorised Signatory of the Bidder: (a) Name: (b) Designation: (c) Address: (d) Phone Number: (e) Fax Number: 5. In case of a Consortium: (a) The information above (1-4) should be provided for all the Members of the Consortium. (b) A copy of the Jt. Bidding Agreement, as envisaged in clause 2.5(g) should be attached to the Bid. (c) Information regarding the role of each Member should be provided as per table below:

Sl. No.

Name of Member

Role* Refer clause 2.5(d)

Percentage of equity in the Consortium Refer clauses 2.5(a), (c) & (g)

1

2

3

4

* The role of each Member, as may be determined by the Bidder, should be indicated in accordance with instruction 4 at Annex-D.

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(d) The following information shall also be provided for each Member of the Consortium: Name of Bidder/ member of Consortium:

No. Criteria Yes No

1 Has the Bidder/ constituent of the Consortium been barred by the [Central/ State] Government, or any entity controlled by it, from participating in any project (BOT or otherwise)?

2 If the answer to 1 is yes, does the bar subsist as on the date of Bid?

3 Has the Bidder/ constituent of the Consortium paid liquidated damages of more than 5% of the contract value in a contract due to delay or has been penalised due to any other reason in relation to execution of a contract, in the last three years?

6. A statement by the Bidder and each of the Members of its Consortium (where applicable) or any of their Associates disclosing material non performance or contractual non-compliance in past projects, contractual disputes and litigation/ arbitration in the recent past is given below (Attach extra sheets, if necessary):

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Appendix I

ANNEX-B

Technical Capacity of the Bidder

(Refer to clauses 2.3(A), 4.2 and 4.3 of the Tender document)

Bidder type (1)

Member Code

(2)

Project Code (3)

Category

(4)

Experience

(Equivalent Rs. crore) Experience Score

(8)

Payments made/ received for construction of Eligible Projects in Categories 3 and 4 (5)

Payments made for developme nt of Eligible Projects in Categories 1 and 2 (6)

Revenues appropriated from Eligible Projects in Categories 1 and 2 (7)

Single entity Bidder

A

B

C

D

Consortium Member 1

1a

1b

1c

1d

Consortium Member 2

2a

2b

2c

2d

Consortium Member 3

3a

3b

3c

3d

Consortium Member 4

4a

4b

4c

4d

Aggregate Experience Score =

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Appendix I

ANNEX-C

Financial Capacity of the Bidder (Refer to clauses 2.3(B), and 4.4 of the Tender document)

(In Rs. crore$$)

Bidder type$

Member Code£

Net Cash Accruals

Net Worthε

1 2 Year 1 3

Year 2

4

Year 3

5

Year 4

6

Year 5

7

Year 1

8

Single entity Bidder

Consortium Member 1

Consortium Member 2

Consortium Member 3

Consortium Member 4

TOTAL

Name & address of Bidder’s Bankers: $ A Bidder consisting of a single entity should fill in details as per the row titled single entity Bidder

and ignore the rows titled Consortium Members. In case of a Consortium, row titled single entity Bidder may be ignored.

£ For Member Code, see instruction 4 at Annex-D of this Appendix-I. € The Bidder should provide details of its own Financial Capacity or of an

Associate specified in clause 2.8 Instructions:

1. The Bidder/ its constituent Consortium Members shall attach copies of the balance sheets, financial statements and annual reports for 5 (five) years preceding the Bid Due Date. The financial statements shall:

(a) reflect the financial situation of the Bidder or Consortium Members and its/ their Associates where the Bidder is relying on its

Associate’s financials; (b) be audited by a statutory auditor;

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(c) be complete, including all notes to the financial statements; and (d) correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted). 2. Net Cash Accruals shall mean Profit after Tax + Depreciation. 3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves +

miscellaneous expenditure not written off + reserves not available for distribution to equity shareholders).

4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the year immediately preceding Year 1 and so on. In case the Bid Due Date falls within 3 (three) months of the close of the latest financial year, refer to clause 4.4.4.

5. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be submitted in accordance with clause 2.5 (g) of the Tender document.

6. The Bidder shall also provide the name and address of the Bankers to the Bidder. 7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the Bidder and also

specifying the methodology adopted for calculating such net worth in accordance with clause 4.4.2 of the Tender document.

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Appendix I

ANNEX-D

Details of Eligible Projects (Refer to clauses 4.2, 4.2.2 and 4.2.3 of the Tender document)

Project Code: Member Code:

Item (1) Refer Instruction (2)

Particulars of the Project (3)

Title & nature of the project

Category 5

Year-wise (a) payments received/ made for construction, (b) payments made for development of PPP projects and/ or (c) revenues appropriated

6

Entity for which the project was constructed/ developed

7

Location

Project cost 8

Date of commencement of project/ contract

Date of completion/ Commissioning

9

Equity shareholding (with period during which equity was held)

10

Whether credit is being taken for the Eligible Experience of an Associate (Yes/ No)

11

Instructions:

1. Bidders are expected to provide information in respect of each Eligible Projects in this Annex. The projects cited must comply with the eligibility criteria specified in clause 4.2.3 and 4.2.4 of the Tender document, as the case may be. Information provided in this section is intended to serve as a backup for information provided in the Bid. Bidders should also refer to the Instructions below.

2. For a single entity Bidder, the Project Codes would be a, b, c, d etc. In case the Bidder is a Consortium then for Member 1, the Project Codes would be 1a, 1b, 1c, 1d etc., for Member 2 the Project Codes shall be 2a, 2b, 2c, 2d etc., and so on.

3. A separate sheet should be filled for each Eligible Project. 4. Member Code shall indicate NA for Not Applicable in case of a single entity Bidder. For other

Members, the following abbreviations are suggested viz. LM means Lead Member, TM means Technical Member, FM means Financial Member, OMM means Operation & Maintenance Member; and OM means Other Member. In case the Eligible Project relates to an Associate of the Bidder or its Member, write “Associate” along with Member Code.

5. Refer to clause 4.2.1 of the Tender document for category number. 6. The total payments received/ made and/or revenues appropriated for each Eligible Project are to

be stated in Annex-B of this Appendix-I. The figures to be provided here should indicate the

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break-up for the past 5 (five) financial years. Year 1 refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer clause 4.2.4). For Categories 1 and 2, expenditure on development of the project and/or revenues appropriated, as the case may be, should be provided, but only in respect of projects having an estimated capital cost exceeding the amount specified in clause 4.2.3(c). In case of Categories 3 and 4, payments made/ received only in respect of construction should be provided, but only if the amount paid/received exceeds the minimum specified in clause 4.2.4. Payment for construction works should only include capital expenditure, and should not include expenditure on repairs and maintenance.

7. In case of projects in Categories 1 and 2, particulars such as name, address and contact details of owner/ Authority/ Agency (i.e. concession grantor, counter party to PPA, etc.) may be provided. In case of projects in Categories 3 and 4, similar particulars of the client need to be provided.

8. Provide the estimated capital cost of Eligible Project. Refer to clauses 4.2.3 and 4.2.4 9. For Categories 1 and 2, the date of commissioning of the project, upon completion, should be

indicated. In case of Categories 3 and 4, date of completion of construction should be indicated. In the case of projects under construction, the likely date of completion or commissioning, as the case may be, shall be indicated.

10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning the Eligible Project, held continuously during the period for which Eligible Experience is claimed, needs to be given (Refer clause 4.2.3).

11. Experience for any activity relating to an Eligible Project shall not be claimed by two or more Members of the Consortium. In other words, no double counting by a consortium in respect of the same experience shall be permitted in any manner whatsoever.

12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be furnished as per formats below for each Eligible Project. In jurisdictions that do not have statutory auditors, the auditors who audit the annual accounts of the Bidder/ Member/Associate may provide the requisite certification.

13. If the Bidder is claiming experience under Categories 1 & 2, it should provide a certificate from its statutory auditor in the format below:

Certificate from the Statutory Auditor regarding PPP projects

Based on its books of accounts and other published information authenticated by it, this is to certify that …………………….. (name of the Bidder/Member/Associate) is/ was an equity shareholder in ……………….. (title of the project company) and holds/ held Rs. ……… cr. (Rupees ………………….. crore) of equity (which constitutes ……..% of the total paid up and subscribed equity capital) of the project company from …………... (date) to …………….. (date). The project was/is likely to be commissioned on ……………. (date of commissioning of the project). We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees …………………crore), of which Rs. ……… cr. (Rupees …………… crore) of capital expenditure was incurred during the past five financial years as per year wise details noted below:

……………………… ………………………

We also certify that the eligible annual revenues collected and appropriated by the aforesaid project company in terms of clauses 4.2.1 and 4.2.3 (d) of the Tender document during the past five financial years were Rs. ……… cr. as per year-wise details noted below:

……………………… ………………………

Name of the audit firm: Seal of the audit firm: (Signature, name and designation Date: of the authorised signatory)

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14. If the Bidder is claiming experience under Category 3 & 4, it should provide a certificate from its statutory auditors or the client in the format below:

Certificate from the Statutory Auditor/ Client regarding construction works

Based on its books of accounts and other published information authenticated by it this is to certify that …………………….. (name of the Bidder/Member/Associate) was engaged by ……………….. (title of the

project company) to execute ……………… (name of project) for …………………. (nature

of project). The construction of the project commenced on ………….. (date) and the project was/ is likely to be commissioned on …………… (date, if any). It is certified that ……………. (name of the Bidder/

Member/ Associate) received/paid Rs. ……….. cr. (Rupees …………………………… crore) by way of payment for the aforesaid construction works. We further certify that the total estimated capital cost of the project is Rs. …… cr. (Rupees …………………crore), of which the Bidder/Member/Associate received/paid Rs. ……… cr. (Rupees ……………………… crore), in terms of Clauses 4.2.1 and 4.2.4 of the Tender document, during the past five financial years as per year wise details noted below:

……………………… ………………………

It is further certified that the payments/ receipts indicated above are restricted to the share of the Bidder

who undertook these works as a partner or a member of joint venture/ consortium. Name of the audit firm:

Seal of the audit firm: (Signature, name and designation of the Date: authorised signatory).

15. In the event that credit is being taken for the Eligible Experience of an Associate, as defined in clause 2.8, the Bidder should also provide a certificate in the format below:

Certificate from Statutory Auditor/ Company Secretary regarding Associate

Based on the authenticated record of the Company, this is to certify that more than 50% (fifty per cent) of the subscribed and paid up voting equity of ……………… (name of the Associate) is held, directly or indirectly, by ……………….. (name of Bidder/ Consortium Member). By virtue of the aforesaid share-holding, the latter exercises control over the former, who is an Associate in terms of clause 2.8 of the Tender document. A brief description of the said equity held, directly or indirectly, is given below: Describe the share-holding of the Bidder/ Consortium Member in the Associate Name of the audit firm: Seal of the audit firm: (Signature, name and designation of Date: the authorised signatory).

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Appendix I

ANNEX-E

Statement of Legal Capacity (To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium)

Ref. Date: To, *********** *********** Dear Sir, We hereby confirm that we/ our members in the Consortium (constitution of which has been described in the bid) satisfy the terms and conditions laid out in the Tender document. We have agreed that …………………… (insert member’s name) will act as the Lead Member of our Consortium. We have agreed that ………………….. (insert individual’s name) will act as our representative/ will act as the representative of the Consortium on its behalf* and has been duly authorized to submit the Tender document. Further, the authorised signatory is vested with requisite powers to furnish such letter and authenticate the same. Thanking you,

Yours faithfully, (Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

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Appendix II

Power of Attorney for signing of Bid (Refer clause 2.4)

Know all men by these presents, We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr/ Ms (name), …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is presently employed with us/ the Lead Member of our Consortium and holding the position of ……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid for pre-qualification and submission of our bid for the ***** Project proposed or being developed by the ***** (“PMC”) including but not limited to signing and submission of all bids, bids and other documents and writings, participate in Pre-Bids and other conferences and providing information/ responses to PMC, representing us in all matters before PMC, signing and execution of all contracts including the Contract and undertakings consequent to acceptance of our bid, and generally dealing with PMC in all matters in connection with or relating to or arising out of our bid for the said Project and/ or upon award thereof to us and/or till the entering into of the Contract with PMC. AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2….. For ………………………….. (Signature, name, designation and address) Witnesses:

1. (Notarised)

2. Accepted …………………………… (Signature) (Name, Title and Address of the Attorney) Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

Wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidder from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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Appendix III

Power of Attorney for Lead Member of Consortium (Refer clause 2.4)

Whereas the ***** (“the Authority”) has invited bids from interested parties for the ***** Project (the “Project”). Whereas, …………………….., …………………….., …………………….. and…………………….. (collectively the “Consortium”) being Members of the Consortium are interested in bidding for the Project in accordance with the terms and conditions of the Tender document and other connected documents in respect of the Project, and Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the Project and its execution. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS We, …………………….. having our registered office at …………………….., M/s. …………………….. having our registered office at …………………….., M/s. …………………….. having our registered office at …………………….., and …………………….. having our registered office at …………………….., (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorise M/S …………………….. having its registered office at ………… ……….., being one of the Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”). We hereby irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the Consortium and any one of us during the bidding process and, in the event the Consortium is awarded the concession/contract, during the execution of the Project and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental to the prequalification of the Consortium and submission of its Bid for the Project, including but not limited to signing and submission of all bids, bids and other documents and writings, participate in bidders and other conferences, respond to queries, submit information/ documents, sign and execute contracts and undertakings consequent to acceptance of the bid of the Consortium and generally to represent the Consortium in all its dealings with the Authority, and/ or any other Government agency or any person, in all matters in connection with or relating to or arising out of the Consortium’s bid for the Project and/ or upon award thereof till the Contract is entered into with the Authority. AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts,deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us/ Consortium. IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. (Signature)

…………………….. (Name & Title)

For …………………….. (Signature)

…………………….. (Name & Title)

For …………………….. (Signature)

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…………………….. (Name & Title)

Witnesses: 1. 2. ……………………………………… (Executants) (To be executed by all the Members of the Consortium) Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

Also, wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidder from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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Appendix IV

Joint Bidding Agreement (To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20…

AMONGST 1. ………… Limited, a company incorporated under the Companies Act, 1956 and having its registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns) AND 2. ………… Limited, a company incorporated under the Companies Act, 1956 and having its registered office at ………… (hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND 3. ………… Limited, a company incorporated under the Companies Act, 1956 and having its registered office at ………… (hereinafter referred to as the “Third Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND 4. ………… Limited, a company incorporated under the Companies Act, 1956 and having its registered office at ………… (hereinafter referred to as the “Fourth Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)The above mentioned parties of the FIRST, SECOND, THIRD and FOURTH PART are collectively referred to as the “Parties” and each is individually referred to as a “Party” WHEREAS, (A) [THE PUNE MUNICIPAL CORPORATION, represented by [____________], having its principal office at [_____________________________] (hereinafter referred to as the “PMC”, which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns); has invited bids (the Bids”) by its Tender document. ………… dated…………(the “Tender”) for pre-qualification and short-listing of bidders for development and operation/ maintenance of implementation of high impact street light by installing Energy Efficiency dimmable LED Street lights along with per pole basis SCADA system in Pune on a design, build, finance, operate, maintain & transfer basis (the “Project”) through public private partnership. (B) The Parties are interested in jointly bidding for the Project as members of a Consortium and in accordance with the terms and conditions of the Tender document and other bid documents in respect of the Project, and (C) It is a necessary condition under the Tender document that the members of the Consortium shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid. NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the meaning

ascribed thereto under the Tender.

2. Consortium

2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of

jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this Consortium and not

individually and/ or through any other consortium constituted for this Project, either directly or indirectly or

through any of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the selected Bidder and awarded

the Project, it shall incorporate a special purpose vehicle (the “SPV”) under the Indian Companies Act,

1956 for entering into a Contract with the PMC and for performing all its obligations as the Developer in

terms of the Contract for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

(a) Party of the First Part shall be the Lead member of the Consortium and shall have the power of

attorney from all Parties for conducting all business for and on behalf of the Consortium during the

Bidding Process and until the Appointed Date under the Contract when all the obligations of the

SPV shall become effective;

(b) Party of the Second Part shall be the Technical Member of the Consortium;

(c) Party of the Third Part shall be the Financial Member of the Consortium; and

(d) Party of the Fourth Part shall be the Operation and Maintenance Member/ Other Member of the

Consortium.

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities

relating to the Project and in accordance with the terms of the Tender document and the Contract, till such

time as the Financial Close for the Project is achieved under and in accordance with the

Contract.

6. Shareholding in the SPV

6.1 The Parties agree that the proportion of shareholding among the Parties in the SPV shall be as follows:

First Party:

Second Party:

Third Party:

Fourth Party:

6.2 The Parties undertake that a minimum of 26% (twenty six per cent) of the subscribed and paid up equity

share capital of the SPV shall, at all times till the second anniversary of the date of commercial operation of

the Project, be held by the Parties of the First, Second and Third Part whose experience and net worth

have been reckoned for the purposes of qualification and short-listing of Bidder for the Project in terms of

the Tender.

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6.3 The Parties undertake that each of the Parties specified in clause 6.2 above shall, at all times between the

commercial operation date of the Project and the second anniversary thereof, hold subscribed and paid up

equity share capital of SPV equivalent to at least 5% (five per cent) of the Total Project Cost.

6.4 The Parties undertake that they shall collectively hold at least 51% (fifty one per cent) of the subscribed

and paid up equity share capital of the SPV at all times until the second anniversary of the commercial

operation date of the Project.

6.5 The Parties undertake that they shall comply with all equity lock-in requirements set forth in the

Contract.

6.6 The Parties undertake that the O&M Member shall subscribe and hold at least 10% (ten per cent) of the

subscribed and paid up equity shares in the SPV in terms of the Contract.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation

and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been authorised by all

necessary and appropriate corporate or governmental action and a copy of the extract of the charter

documents and board resolution/ power of attorney in favour of the person executing this Agreement for the

delegation of power and authority to execute this Agreement on behalf of the Consortium

Member is annexed to this Agreement, and will not, to the best of its knowledge:

I. require any consent or approval not already obtained.

II. violate any Applicable Law presently in effect and having applicability to it;

III. violate the memorandum and articles of association, by-laws orother applicable

organisational documents thereof;

IV. violate any clearance, permit, concession, grant, license or other governmental authorisation,

approval, judgement, order or decree or any mortgage agreement, indenture or any other

instrument to which such Party is a party or by which such Party or any of its properties or

assets are bound or that is otherwise applicable to such Party; or

V. create or impose any liens, mortgages, pledges, claims, security interests, charges or

Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances

or mortgage in or on the property of such Party, except for encumbrances that would not,

individually or in the aggregate, have a material adverse effect on the financial condition or

prospects or business of such Party so as to prevent such Party from fulfilling its obligations

under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its

terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of

its Affiliates is a party that presently affects or which would have a material adverse effect on the financial

condition or prospects or business of such Party in the fulfilment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect until the

Financial Close of the Project is achieved under and in accordance with the Contract, in case the Project is

awarded to the Consortium. However, in case the Consortium is either not prequalified for the Project or

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does not get selected for award of the Project, the Agreement will stand terminated in case the Bidder is not

pre-qualified or upon return of the Bid Security by the PMC to the Bidder, as the case maybe.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of India.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without the

prior written consent of the PMC.

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Appendix V

Evaluation of Energy Saving and Financial Saving.

No Baseline Equipment Proposed EEM Monthly Monthly Monthly

( Energy Efficient Energy saving

energy saving

for

Mortgage) pre

lighting saving Installed

Point For Qty

Installed

Qty

Description Load Apx. Qty Description Total KWh KWh Rupees

(watts) Watts

A B C D F=E*

=(A-

C)*365/12 E=D*B

Current Power Tariff

*12hrs

/1000W

1 HPSV/MH 70W 80W 13118

2 HPSV/MH 150W 175W 19467

3 HPSV/MH 250W 280W 18591

4 T5 fitting 60W 9412

5 T5 fitting 100W

9412

The current tarrif is INR 6.00 per unit and will change year on year. Prevailing Rates will be applicable.

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Appendix VI Percentage Saving

Reference Table for % Savings Claimed

Existing Light Fixture

LED System Wattage (In Watts including losses)

Minimum Guaranteed % Saving Offered

250W HPSV/MH

150W HPSV/ Induction type

70W HPSV

4x24W T5

4x14W T5

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Appendix VIII

FINAL FINANCIAL BID OF THE PROJECT

We agree with all technical and commercial terms and conditions specified in the Tender. We understood

the scope of work mentioned in the Tender. We further agree to execute the entire Project on energy

saving sharing basis achieved from Energy Efficient Dimmable LED Street Lights and maintenance for

12 (twelve) years.

We agree on percentage sharing of total savings through Dimmable LED Street Lights to the PMC.

1) ------------------------------------------ share to PMC

2) ------------------------------------------ share to Developer

Signature of the Bidder with seal

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Appendix-X

Part-A TECHNICAL DATA SHEET ON LED BASE LIGHTING LUMINARIES FOR STREET LIGHT Guaranteed Technical Particulars (To be submitted by the Vendor) A) TECHNICALPARTICULARS

TECHNICAL PARAMETER’s PMC Specification Requirement VENDOR Confirmation

Light Source High Power Discreet LED

Make of LED Cree/OSRAM/ Lumiled

Make of Fixtures/

Luminaries To be given by the Bidder

Lighting Distribution Type Cut Off to be confirmed as per IESNA Type II/ III Lighting Distribution/ IS1944 System Efficacy (Optical Efficacy) > 110 lm/W

LED Chip Efficacy >120 lm/W

OperatingVoltage Range 90-300 V

Operating Voltage 230V± 10%

Operating Frequency 50Hz±3 Hz

Total Harmonic Distortion < 20%

Power Factor >0.90

Operating current 350 to 700mA

Usage Hours 12 hrs

Optics Peanut Lens

Surge Protection >/= 4 KV

Impact Resistance

>IK07

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ILLUSTRATION -

Existing Conditions

PMC Requirements (Bidders To Confirm their

values against these required values in the vacant

cell below each required value)

Existing

Watt

Pole Ht.

(mts)

Bracket

Length

(mts)

Spacing

(mts)

Road

Width

(Mts)

Avg Lux

Level

Main.

Factor

Uniform

ity

(Min/M

ax)

Uniform

ity

(Min/Av

g)

250

W 9/10 1.5 35 20-30 30 0.8 >50% >70%

150

W 8/9 1.5 25 15 25 0.8 >50% >70%

70W 7/6 1 20 7 15 0.8 >30% >45%

4X14

W 6 1 20 7 15 0.8 >30% >45%

* Above Values are for proving manufacturers claims during testing and demonstration. The values may change as per PMC requirements/ site conditions

Life Span 60000 Burning hours with70% Lumens output

Color Temperature 4500-5500 K(suitable for “Cool White” light)

Color Rendering Index Nominal Value - CRI 70

(CRI)

Uniformity >70%

Ratio (Ul)

Ingress Protection IP 66

Driver efficiency >85%

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Optical Efficiency >95%

P/N junction temperature <100DegreesC at Junction point and<60at

Heat Sink.

Working Temperature 5 degree to 45degree

Working Humidity 10% to 90%RH

Construction LED’s are mounted on a PCB which is thermally glued

to an aluminum sheet provided with aluminum fins firmly

connected to the housing for excellent heat dissipation.

Housing An aesthetically appealing, IP66, Streetlight luminaries comprising of optimally designed die cast Aluminum

Housing with Bidder name embossed on the same. Should have heat resistant toughened glass/ UV resistant

Acrylic with all necessary accessories fitted with SS clamps. It should comply with LM6 norms

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B) TESTING & DOCUMENTATION

Performance

Standards and Methods to be adhered to Required Documentation

Vendor to Confirm &

Characteristic

Attach relevant certificates from NABL/ ERDL/ UL certified lab

Integral LED IESNA

Lamp Efficacy: LM80 2008 Laboratory test results must be produced

Light Output using the specific modules/arrays and power Input Power ANSIC82.2- supply combination that will be used in 2002 Production.

Power Factor ANSI C82.7

Laboratory test results must be produced

2002 using the specific modules/ arrays and power supply combination that will be used in Production

Lumen LED manufacturer test results for

Maintenance IESNA LM- Minimum6000hourlumenmaintenance data

(L70)for LEDs 80- 2008 for the LED packages/arrays/modules used in

the integral LED lamp. Lumen maintenance

data must meet at least the following conditions:

Collected at LED case or solder point

temperature(Ts) equal to or greater than the

verified TMP temperature of the integral LED

lamp and Measured at a forward drive

current equal to or greater than the drive

current applied to the LEDs in the integral

LED lamp.

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Performance Methods Required Documentation Vendor to Confirm /

Characteristic OF

Attach to the Technical Bid

Document

Measurement

Colour Rendering ANSI Laboratory test results must be produced

Index C78.37 For the fixture using the specific modules/arrays and power

For Luminaries 7- Supply combination that will be used in 2008 Production IESNA LM- 79-

Chromaticity ANSI C78.377-

& Co-related 2008 Laboratory test results must be produced

Colour IESNA LM-79- using the specific modules/arrays and

Temperature 2008 power supply combination that will be

CIE15:2004 used in production. IESNALM-58-94 IESNALM-16-93

Photo-biological IEC 62471 Laboratory test results must be produced

safety of lamps and using the specific modules/arrays and

lamp systems. power supply combination that will be used in production.

Colour Spatial IESNA LM-79- Self-Certification

Uniformity and 2008 Colour CIE15:2004

Maintenance IESNALM-58 IESNALM-16 IESNALM-80

Audible Noise Class-A Sound Self-Certification rating: Power supply not to exceed 24dB Integral LED lamp& Provide copy of the actual three-year

Fixture

Manufacturer warranty included in the

Warranty

Packaging.

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Safety of LED UL8750 LED manufacturer test results of the

Lamps safety test report with a general coverage statement from an OSHANRTL

Performance Methods of Required Documentation Vendor to Confirm

Characteristic Measurement

SELF CERTIFICATION

Test certificates / The vendor shall furnish test certificates certifying performance of the integral luminaries’ for the tests mentioned as below: a) Insulation resistance test b) HV test c) Over Voltage Protection test d) Surge Protection test e) Reverse polarity test f) Temperature rise test g) Fire Retardant test h) Photo metric tests i) IP class test j) Power Consumption

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Appendix -X PART B

LED STREET LIGHTS

Guaranteed Technical Particulars (to be submitted by the Bidder for each type of LED fitting proposed):

S. No Parameters Purchasers value Guaranteed

Value

1. LED Street Light operating voltage 90V-300 V

2. LED Street Light operating frequency 50Hz+ 3Hz 3. LED Luminous efficacy in lumens per

watt ( submitted by Bidder) -------

4. System Lumen efficacy in lumens per watt 110 lumen/watt

( submitted by Bidder)

5. Total LED power consumption excluding

driver circuit per unit

6. Total system power consumption per unit ------ watt

Including LED and driver circuit ( Filled by

Bidder)

7. Avg. illuminance at road surface( Filled by ---------

Bidder)

8. Uniformity ( Filled by Bidder) ----------

9. Driver circuit Efficiency >85%

10. Total harmonic distortion <20%

11. Colour rendering index Nominal 70

12. Lumen maintenance 70% or better

13. Dimension and weight

Similar to existing lamps For compatibility

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14. Insulation resistance between live and Not less than 4MΩ as per

Accessible parts of the lamp IS

15. Conformity with minimum of IP-66

Fixtures Required

16. LED Life 50000 hrs 17. Power factor >0.90

19. Driver life Minimum 50% of LED

life

20. Color temperature 5000-6500 21. No. of LEDs used and wattage of each -

LED

22. Average LED viewing angle 120

23. Make of LED Cree(USA)/

Lumiled/Osram 24. Working temperature 5to 450C

25. Working humidity 10-90%RH

26. Internal surge protection against

lighting >4 KV

or other electrical surge

27. Lumen per watt of system -------- ( submitted by Bidder)

27. Impact Resistance IK07 28. LED Drive current*Range ----------

( submitted by Bidder) 29 Power supply Covered power supply

required

N.B Bidder Signature with Seal

1. For values not available in relevant IS Values indicated in the GTP/ Specification shall be valid.

2. In case of discrepancies between values of IS and GTP, the better will prevail.

3. Pertinent type test reports, literatures, catalogues, photometry, etc. as required substantiating the above and list and index for comprehensive reference should be attached.

4. *PMC shall have the right for testing of driver current from the reputed lab.

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Appendix-XI

PROFORMA FOR CONTRACT PERFORMANCE BANK GUARANTEE.

To, The Commissioner, Pune Municipal Corporation, Pune.

Guarantee No,

Amount of Guarantee

Guarantee Covers from to

Last date of lodgment of claim

This deed of Guarantee executed this ____ day of ________________by _______bank having its head office at Pune and amongst other places a branch at Pune (hereinafter called as the “Bank”) in favour of Municipal Commissioner, …………(hereinafter called “_________”) for an amount not exceeding Rupees_________ at the request of______________________________ (hereinafter called the “Bidder”). Whereas the Municipal Corporation, ___________Head Office - ), ___________a Municipal Corporation, (here in after called “the __________) has placed Work order No._________ Dt.___________ (hereinafter called “the Agreement”) with M/s_________________ _________________________ (hereinafter called “the Bidder”) for Implementation of high impact street light by installing Energy Efficiency LED Street lights and Energy Efficient Feeder Pillar and Advertisement Rights on Street Light Poles for Pune Municipal Corporation. Now, therefore, M/S _________ having agreed to issue an amount not exceeding Rs._____________ (Rupees_______________________________ ) only against any loss or damage caused to or suffered by the PMC by reason of any breach by the said Bidder(s) of any of the terms or conditions contained in the said Agreement.

We, the ______________________ Bank do hereby undertake to pay the amounts due

and payable under the guarantee without any demur, merely on a demand from the

___________stating that the amount claimed is due by way of loss or damage caused to

or suffered by PMC by reason of any breach by the said Bidder(s) of any of the terms or

conditions contained in the said Agreement or by the reason of any breach by the said

Bidder’s failure to perform the said Agreement. Any such demand made on the Bank

shall be conclusive as regards the amount due and payable by the Bank under this

Guarantee. However, our liability under this guarantee shall be restricted to an amount

not exceeding Rs.___________ (Rupees

_________________________________________) only.

We, the ________________________ Bank also undertake to pay to the

____________any money so demanded not withstanding any dispute or dispute raised by

the Bidder(s) in any suit or proceeding instituted/ pending before any court or Tribunal

relating thereto our liability under this Agreement being absolute and irrevocable. The

payment so made by us under this bond shall be valid discharge of our liability for

payment there under and the Bidder(s) shall have no claim against us for making such

payment.

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We, the _________________________ Bank further agree that the guarantee herein shall

remain in full force and affect during the period that would be taken for the performance

of the said Agreement and it shall continue to remain in force endorsable till all the dues

of the ________under by virtue of the said Agreement have been fully paid and its claim

satisfied or discharged or till ________certifies that the terms and conditions of the said

Agreement have been fully and properly carried out by the said Bidder(s) and accordingly

discharge this guarantee and will not be revoked by us during the validity of the guarantee

period. Unless a demand or claim under this guarantee is made on us or

with_________________________________________________ (Local Bank Name,

address and code No.) _______________ ______ _______ _____ ________________,

_________ in writing on or before __________ ________ (date) we shall be discharged

from all liability under this guarantee thereafter.

We, the _________________________ Bank further agree that the PMC shall have

the fullest liberty without our consent and without affecting in any manner our obligations

hereunder to vary any of the terms and conditions of the said Agreement or to extend time

of performance by the said Bidder(s) and we shall not be relieved from our liability by

reason of any such variation or extension being granted to the said Bidder(s) or for any

forbearance act or omission on part of the ___________or any indulgence by the

__________to the said Bidder(s) or by any such matter or thing whatsoever which under

the law relating to sureties would but for this provisions have effect of so relieving us.

The Guarantee will not be discharged due to change in the name, style and constitution of the Bank and or Bidder(s).

We, the _________________________ Bank lastly undertake not to revoke this

Guarantee during its currency except with the previous consent of PMC in writing dated

______ the __________ day of Two thousand _________ .

Notwithstanding anything contained herein above. I. Our liability under this Bank Guarantee shall not exceed Rs.______________ (Rupees _______ ______________________________ ______________________ ________________) only. II. The Bank Guarantee shall be valid up to _____________________ only. III. We or our Bank at _________ (Name & Address of the Local Bank) are liable to pay the

guaranteed amount depending on the filing of claim and any part thereof under this Bank

Guarantee only and only if you serve upon us or our local Bank at ___________ a written claim

or demand and received by us or by Local Branch at ___________ on or before Dt.__________

otherwise bank shall be discharged of all liabilities under this guarantee thereafter.

For _____________________________________ (indicate the name of the Bank)

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N.B.: (1) Name of the Bidder: (2) No. & date of the work order / agreement: (3) Amount of P.O.: (4) Name of Materials: (5) Name of the Bank: (6) Amount of the Bank Guarantee: (7) Name, Address and Code No. of the Local Branch: (8) Validity period or date up to which the agreement is valid: (9) Signature of the Constituent Authority of the Bank with seal: (10) Name & addresses of the Witnesses with signature: (11) The Bank Guarantee shall be accepted only after getting confirmation from the respective Banks.

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Appendix -XII

Annual Turn Over of the Year 2012-13, 2013-14& 2014-15

From LED Lighting Products and Services

Name of the Bidder

Address

Contact Number

Sr. No Year Turnover

1 2012-13

2 2013-14

3 2014-15

Signature of the CA with Seal Name: Phone/Mobile No:

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Appendix XIII

CONTRACT

THIS CONTRACT (“Contract”) is entered into at [__________] on this the [__________]

day of [__________], 20[__]

BY AND BETWEEN:

THE PUNE MUNICIPAL CORPORATION, represented by [____________], having its

principal office at [_____________________________] (hereinafter referred to as the

“PMC”, which expression shall, unless repugnant to the context or meaning thereof, include

its successors and assigns);

AND

[_____________________], a company incorporated under the provisions of the Companies

Act, 2013, having its registered office at [______________________], (hereinafter referred

to as the “Developer”, which expression shall, unless repugnant to the context or meaning

thereof, include its successors, permitted assigns and substitutes).

As the context may require, PMC and the Developer, will hereinafter be referred to,

individually as a “Party” and collectively as the “Parties”.

WHEREAS:

(A) PMC intends to install Energy Efficiency dimmable LED Street lights along with per

pole basis SCADA system in Pune on a design, build, finance, operate, maintain &

transfer basis for a period of 12 (twelve) years (hereafter referred to as the “Project”).

(B) PMC had prescribed the technical and commercial terms and conditions, and invited

Bids (“Tender Document”) for undertaking the Project on DBFOT basis.

(C) After evaluation of the Bids received, PMC had accepted the Bid of the Selected

Bidder and issued its Letter of Award No. [____________] dated [____________] to

the Selected Bidder requiring, inter alia, the execution of this Contract within 2 (two)

weeks of the date of issue thereof.

NOW, THEREFORE, in consideration of the foregoing and the respective covenants

as forth in this Contract, the receipt and sufficiency of which is hereby acknowledged,

and intending to be legally bound hereby, the Parties agree as follows:

1. In this Contract, words and expressions shall have the same meanings as are

respectively assigned to them in the Tender Document.

2. The Tender Document, Bid documents and terms and conditions mentioned therein

shall be deemed to form, be read and construed as part of this Contract and shall be

annexed as Annexure A to this Contract.

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3. In consideration of the payment received by the Developer from PMC, the Developer

covenants to execute and perform its obligations as mentioned under the Tender and

also to implement the Project to the satisfaction of PMC.

4. All undertakings and obligations of the Developer arising from the Tender Document

or otherwise shall be binding on the Developer as if they form part of this Contract.

5. The Developer shall not assign or transfer any of its obligations, rights and benefits

hereunder without the written consent of PMC.

6. No amendments or modification to this Contract shall be valid and effective unless

agreed to by all the Parties hereto and evidenced in writing.

7. This Contract and the rights and obligations of the Parties hereunder shall be

construed in accordance with and be governed by the laws of India.

8. The Developer agrees that the courts and tribunals in Pune shall have exclusive

jurisdiction to settle any disputes which may arise out of or in connection with this

Contract.

9. This Contract may be executed in two counterparts, each of which, when executed

and delivered, shall constitute an original of this Contract.

IN WITNESS whereof the parties hereto have caused this Contract to be executed in

accordance with laws on the day and year written above.

THE COMMON SEAL OF CONTRACTOR has been affixed pursuant to the resolution passed by the Board of Directors of the Developer at its meeting held on the [___] day of 20[__] hereunto affixed in the presence of [_________________], Director, who has signed these presents in token thereof and [_________________], Company Secretary / Authorised Officer who has countersigned the same in token thereof. SIGNED, SEALED AND DELIVERED for and on behalf of PMC by:

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Annexure A

(The Tender document to be attached in entirety)

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GLOSSARY OF TERMS USED IN THE TENDER DOCUMENT

S.NO Abbreviation Full form

1. BIS Bureau of Indian Standard

2. BOLT Build Operate Lease and Transfer

3. BOOT Build Own Operate Transfer

4. BOT Build Operate and Transfer

5. CCMS Computer Centre Management System

6. CREE LED make

7. CST Central Sales Tax

8. DD Demand Draft

9. DNIT Detailed Notice Invite Tender

10. EFDL Engineer Research And Development Laboratories

11. EPF Employment Provident Fund

12. ESCO Energy Service Company

13. FDR Fixed Deposit Receipt

14. GIS Geographic Information System

15. IPMVP International Performance Measurement and Verification Protocol

16. IS Indian Standard

17. ISO International organization for Standardization

18. IST Indian Standard Time 19. LED Light Emmiting Diode

20. LUMILED LED make

21. Lux Level Light Outout

22. M&V Monitoring and Verification

23. NABL National Accreditation Board For Testing And Calibration

24. O&M Operation and Maintenance

25. OSARAM LED make 26. PAN Permanent Account Number

27. PSU Public Sector Undertaking

28. RA Bills Running Account Bill

29. SCADA Supervisory Control And Data Acquisition

30. SMS Short Messaging Services

31. SON/MH/T5 Types of existing lamps

32. UL Unified License 33. VAT Value Added Tax