Job or Vacancy Description:
Applications are invited for appointment as Consultant in the Commission on full time basis.

Consultant (Technical) Post – One
Qualification: The applicant must have bachelor’s degree in Electrical/ Power Engineering from any  recognized University or Autonomous Institution recognized by AICTE with at least 15 years of working experience in and exposure to commercial matters related to power sector including ARR and tariff, renewable energy, etc,

Consultant (Legal) Post – One
Qualification: The applicant must have bachelor’s degree in Law from any recognized University with 15 years of experience of working in or for any Central/State/UT Government Departments, Statutory/ Autonomous/ Constitutional body or Central/State Public Sector Undertaking/ Corporation and having good communication and drafting skill of legal matters. Exposure in power sector will be preferred.

Consultant (Finance) Post – One
Qualification: The applicant must have bachelor’s degree in Commerce or MBA / PG Diploma in Business Administration (with specilisation in Finance) from any recognized university or Chartered Accountant or Cost Accountant with 15 years of experience in reputed organization. Experience in power sector will be preferred.
Maximum Age – 62 years.

Contract Period – Initially for a period of one year which may be further extended at the discretion of Commission.
Emolument – Rs. 25,000/- per month(consolidated)

General Instructions:
1 The Bihar Electricity Regulatory Commission (BERC), a body corporate has been established under section 17 of the Electricity Regulatory Commissions Act,1998 (now under section 82 of the Electricity Act,2003). One of the functions of the Commission as per the Act is to determine tariff for generation, transmission, supply and wheeling of electricity, wholesale, bulk, grid or retail and transmission charges for the use of the transmission facilities within the State.
2 The Bihar State Electricity Board (BSEB) has been constituted under section 5 of Electricity (Supply) Act, 1948 on 1st April, 1958. The BSEB is a deemed licensee in terms of section 14 of Indian Electricity Act,2003. The BSEB is till now a vertically integrated utility with the responsibility of generation, transmission and distribution of electricity in the State. The State is at present meeting power requirement mainly from central sector generating stations.
3 According to section 62 and 86 of Electricity Act, 2003, the Commission has a mandate to determine tariff for generation, transmission, supply and wheeling of electricity, wholesale, bulk, grid or retail and transmission charges for the use of the transmission facilities within the State. The information / data of BSEB for determination of (i) ARR and (ii) Tariff for Retail Sale of Electricity, Transmission Charges, Wheeling Charges and Open Access for FY 2011-12 has to be verified, analysed and scrutinsed and also Third Party Verification of Energy Audit Results are required to be done before issue of tariff order.
4 The Commission wishes to engage a Consultant for Third Party verification of energy audit results and scrutiny and analysis of the data submitted by Bihar State Electricity Board for determination of ARR & Tariff for FY 2011-12.
5. The accredited energy auditors/Technical Institutions of repute/consultancy firm having experience of energy audit, tariff petition analysis and evaluation of technical and financial data verification are eligible to participate
6. The bidder should have minimum annual turn over of Rs. 20 lakhs (twenty lakhs). BERC CONSULTANCY – Third Party Audit RFP-11-12-Third Pary 2
7.  The bidder should have a clear understanding of Electricity Act & regulation associated with power sector including the applicable policies, legal and regulatory frame work, etc.
8. The bidder should have adequate technical and financial capabilities to carry out the works as per terms of reference.
9. Manpower details: (i) Manpower details of the Team / Group who will execute such job should be submitted as per Annexure-T1. (ii) Details of experience in the capacity of team leader / member in respect of third party verification of Energy Audit results of any utility by the SERC and analysis and scrutiny of data submitted in ARR and tariff petition on behalf of State Commission. (iii) Details of key personnel/personnel who will undertake each item of work given under Scope of Work along with curriculum vitae should be given.
10.  Details of experience of consultancy provided during the last 3 years relating to works as mentioned under ‘Scope of Work’ particularly with Electricity Regulatory Commission or other Regulatory Authority/utility with documentary proof in the prescribed format (Annexure-T2).
11.  Details of Resources available and Tie-up with experts/professional organizations to handle the consultancy work (Annexure-T3).
12.  Documentary evidences in support of requirements under clause 2.1 and 2.2 above.
13. The Bidder should explain in detail about the methodology/approach for third party verification of energy audit results and analysis and scrutiny of technical and financial data of Tariff Petition of BSEB for FY 2011-12 in Annexure-T4.
14. Schedule of Activities (Annxure T5) Complete profile of the bidder’s company INFORMATION AND INSTRUCTIONS TO BIDDERS Bidders are required to furnish all required information and document in English as specified in the RFP document.
15. Bid shall be printed/typed or prepared in indelible ink. Every page of the bid should be signed by the authorized signatory with seal. Additions, alterations and over-writings, if any, in the bid or accompanying documents must be initialled bythe person(s) who signs the bid.
16. The bidder shall properly check the documents before submission to ensure that all information / documents required are included. In this context a check list is BERC CONSULTANCY – Third Party Audit RFP-11-12-Third Pary 3 given at Annexure-T8. The bidder shall give a list of enclosures / documents enclosed with the Bid.
17. Details of all assignments / contracts, if any, in the Power Sector including in the State of Bihar, if any, shall be submitted by the bidder. The bidder shall ensure that there is no clash of interest of its contract with other parties in the power sector in Bihar.
18. Bids shall be liable for rejection on the following grounds. i) BID not meeting the technical / commercial conditions laid down in the RFP document. ii) Terms and conditions / technical response / quoted price vague and ambiguous. iii) Bid not accompanying bid security deposit and the required documents. iv) Bid not valid for the specified period.
19. Bidder may be required to give a presentation before the Commission for the purpose of clarification on their bid proposal at their own, if so desired by theBERC.Bidder should furnish only the relevant information/documents in this regard and not unnecessary/irrelevant information/documents.
20. Bidders who require clarification on any aspect of the RFP documents should send their queries in writing by 14.03.2011 at the BERC’s address. BERC will respond by fax or e-mail to such queries and will send copies of the clarifications to all prospective bidders. Such clarifications will be treated as part of Bid document.
21. At any time prior to deadline for submission of Bids or extended date, if deemed necessary, BERC reserves the right to add/delete/modify any portion of the bid document by issuing an amendment. Such amendment(s) shall be sent by letter / fax/e-mail to all prospective bidders and shall also form part of the RFP Document. The amendment shall be binding on all bidders.
22. Although details included in RFP document have been compiled with all reasonable care, it is bidder’s responsibility to satisfy themselves that the information/ documents are adequate and that there is no conflict between the documents/stipulations given in the bid. In case of any such conflict in any document after signing of agreement with BERC, interpretation will be done to the advantage of BERC.
23.  Exceptions/deviations, if any, to any clause of the RFP document must be properly spelt out in the Schedule of exception and deviations as per Annexure T6 BERC CONSULTANCY – Third Party Audit RFP-11-12-Third Pary 4 to be submitted along with the Bid. BERC reserves the right to accept or reject any deviation. In the absence of such schedule, it will be assumed that there is no exception or deviation and the Bid is entirely in line with the RFP document. The bidder shall submit the bid in two parts in separate sealed envelopes; with the covering letter in the format annexed at annexure–T9 (Proposal submission form) along with all enclosures and other formats : Part I – Technical Bid The Technical Bid shall be placed in a sealed envelope superscribed as “Part I –TECHNICAL BID” on the top of the envelope. The Financial Bid shall be placed in a separate sealed envelope superscribed as “PART II – FINANCIAL BID” on the top of the envelope.
24. The bidder shall submit two crossed Demand Drafts, along with the bid. One demand draft of Rs. 1000/- (Rupees one thousand only) (non-refundable) towards cost of RFP Document and the second demand draft towards Earnest money as ‘Bid Security’ amounting to Rs. 10,000/- (Rupees ten thousand only) All DDs shall be in favour of Secretary, Bihar Electricity Regulatory Commission payable at Patna and placed in a third separate sealed envelope clearly marked ‘BID SECURITY’ on the top of it.
25. All the three sealed envelopes ‘Part I – Technical Bid’, ‘Part II – Financial Bid and Bid Security’ should be placed in a single sealed packet clearly superscribed on top of the packet “BID FOR THIRD PARTY VERIFICATION OF ENERGY AUDIT RESULTS AND SCRUTINY AND ANALYSIS OF THE DATA SUBMITTED BY BIHAR STATE ELECTRICITY BOARD FOR DETERMINATION OF ARR TARIFF FOR FY 2011-12”. Name and address of the bidder should also be clearly written on the packet. EARNEST MONEY: The bidder shall furnish alongwith the bid, Earnest money of Rs.10,000/- (Rupees ten thousand) only as Bid Security in the form of Demand Draft payable to Secretary, Bihar Electricity Regulatory Commission at Patna. Earnest money of unsuccessful Bidders shall be returned within 30 days after finalization of Bid. A Bidder withdraws its Bid during its validity period specified in the proposal. A successful Bidder fails to sign contract agreement within the date specified by the BERC.

Tentative Last Date: 25-05-2011

About the organization:
The Bihar Electricity Regulatory Commission has been established by the Government of Bihar under Section 17 of the Electricity Regulatory Commissions Act,1998 vide Government of Bihar Notification no. 1284 dated 15th April, 2002. The Electricity Regulatory Commissions Act, 1998 along with the Indian Electricity Act, 1910 and Electricity (Supply) Act, 1948 was repealed by Section 185 of the Electricity Act, 2003. The first proviso of Section 82 (1) has ensured continuity of the Commission along with that of State Electricity Regulatory Commissions by laying down that the State Regulatory Commission established by the State Govt. under Section 17 of Electricity Regulatory Commissions Act, 1998, and functioning as such immediately before the appointed date shall be the State Commission for the purpose of the Electricity Act, 2003.The BERC was constituted in May 2005. The first Chairman of the Commission was Hon’ble Justice B.N.P. Singh who took oath of office on 20th May, 2005 before His Excellency the Governor of Bihar and retired on 17th April, 2007. The other Members namely Shri B.K. Halder and Shri S.K. Jayaswal who were appointed in May, 2005 and took oath of Office on 11th July and 26th July, 2005 respectively before His Excellency the Governor of Bihar. The Commission became functional from 15th August, 2005. The Commission is located at Vidyut Bhawan-II, Jawahar Lal Nehru Marg (Bailey Road), Patna 800 021. The Electricity Act, 2003 has come into force w.e.f. 10.06.2003 consolidating the laws relating to Generation, Transmission, Distribution and Trading and use of Electricity and for taking measures conducive to the development of Electricity Industry, promoting competition therein, protecting interest of consumers and supply of electricity to all, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies. Generation has been delicensed to promote power generation and reduce the gap between demand and supply to the least possible. This Act aims to promote investment through private participation and also to provide the consumers with quality power and service at the reasonable and affordable cost. It also protects the private investors by protecting the investment by grant of return on the investment. It is expected that the competition in power sector will bring better technology, improved service and reduced cost making the electricity cheaper for the end-users. determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the that State: Provided that where open access has been permitted to a category of consumers under section 42, the State Commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers; (b) regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State;(c) facilitate intra-state transmission and wheeling of electricity;(d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the State;(e) promote congenration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licence;(f) adjudicate upon the disputes between the licensees, and generating companies and to refer any dispute for arbitration;? (g) levy fee for the purposes of this Act;(h) specify State Grid Code consistent with the Indian Electricity Grid Code specified with regard to grid standards;(i) specify or enforce standards with respect to quality, continuity and reliability of service by licensees; (j) fix the trading margin in the intra-State trading of electricity, if considered, necessary; and (k) discharge such other functions as may be assigned to it under this Act.(2) The State Commission shall advise the State Government on all or any of the following matters, namely i) promotion of competition, efficiency and economy in activities of the electricity industry;(ii) promotion of investment in electricity industry;(iii) reorganization and restructuring of electricity industry in the State;(iv) matters concerning generation, transmission , distribution and trading of electricity or any other matter referred to the State Commission by State Government.(3) The State Commission shall ensure transparency while exercising its powers and discharging its functions(4) In discharge of its functions the State Commission shall be guided by the National Electricity Policy, National Electricity Plan and National Tariff Policy notified by Central Government under Section 3 of Electricity Act, 2003.

Address :
Bihar Electricity Regulatory Commission
Ground Floor, Vidyut Bhawan-II, Bailey Road, Patna-800021

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