andhra pradesh power generation corporation …
TRANSCRIPT
ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED
VIDYUT SOUDHA, VIJAYAWADA -520004.
SPECIFICATION No e- 51 /HPC&HP/APGENCO/2019
(TWO PART BID)
BID DOCUMENTS
FOR THE WORK OF
SD/--
CHIEF ENGINEER (HPC&HP),
APGENCO, VIDYUTSOUDHA, VIJAYAWADA-520004
Phone No: 0866- 2526321/22
Fax No: 0866-2526323
Tariff based bidding for supply of electricity for 25 years to APGENCO by Setting up of10 MW grid connected Solar Wind hybrid power project at Ramagiri, Anantapuramu district, Andhra Pradesh.
1. DISCLAIMER:
1.
2.
3.
Authorised Persons
Though adequate care has been taken while preparing the Tender document the Bidder shall satisfy himself that the document is complete in all respects. Intimation of any discrepancy shall be given to this office immediately within ten days from the date of issue of the tender documents on the website of https://etender.apgenco.gov.in
APGENCO reserves the right to modify, amend or supplement this Tender document.
Though this Tender document has been prepared in good faith, neither APGENCO nor its employees or advisors make any representation or warranty, expressed or implied, or accept any responsibility or liability, whatsoever, in respect of any statements or omissions herein, or the accuracy, completeness or reliability of information, and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this Tender document, even if any loss or damage is caused by any act or omission on their part.
Name: R.Prabhakara Rao
Designation: Chief Engineer (HPC&HP)
Address: 4th Floor, Vidyuth Soudha, Gunadala, Vijayawada-520004
Tel: 0866-2526321/322
Fax: 0866-2526323
Email: [email protected]
Place: Vijayawada
INDEX
1. Disclaimer
2. Section 1 – Introduction
3. Section –2 – Definitions
4. NIT
5. Section – 3-Information and Instructions to bidders
Attachment – A: Pre-feasibility Report of M/s NIWE
Attachment-B : wind data sets provided by NIWE (soft copy)
Attachment – C:
6. Section – 4-Evaluation criteria
7. Section – 5-Terms and conditions applicable for sale of energy
8. Section – 6-Formats For Bid submission & Attachments
Layout Plan of RAMAGIRI HYBRID SOLAR WIND PLANT
Section 1
Introduction
INTRODUCTION
10 MW
10 MW
Single Stage Two
Envelope Bidding Process. Envelope-I: Technical Bid and Envelope-II:
Financial Bid)
https://www.etender.apgenco.gov.in
1.0 Andhra Pradesh Power Generation Corporation Limited (APGENCO) an Undertaking of the Government of Andhra Pradesh with its Registered Office at Vidyut Soudha, Gunadala, VIJAYAWADA-520004 intends to procure electricity from a hybrid solar wind plant of capacity of 10 MW through Competitive Bidding Process (conducted online followed by reverse auction). The said plant shall be established in a land provided by APGENCO at Ramagiri, Anantapuramu Dist., After conclusion of bidding process, APGENCO shall enter into an agreement (CONTRACT) with the selected Bidder, based on this Tender for purchase of power for a period of 25 years from the Scheduled Commissioning Date of the project based on the terms, conditions and provisions of the Tender.
1.1 This document is for selection of a bidder (for setting up of Grid-connected hybrid wind Solar-PV Power Projects of capacity at Ramagiri, Anantapuramu APGENCo’s land. The power produced by the selected bidder, will be purchased by APGENCO and would be sold to the State Utilities/ Discoms of Andhra Pradesh.
1.2 The project size is estimated at .
1.3 The bidders will be short-listed by the process of e-bidding (
followed by reverse auction for selection of final bidder. For conducting
electronic tendering, APGENCO Ltd is using the portal
.
.
Section 2
Definitions
Definitions
2.0 Definitions
"Act" "Electricity Act, 2003"
“Affiliate”
"Applicable Tariff"
“Bidder”
“Bidding Company”
“Bidding Consortium” or “Consortium”
“Capacity Utilisation Factor” or “CUF”
“Chartered Accountant”
or shall mean the Electricity Act, 2003 and include any
modifications, amendments and substitution from time to time;
shall mean a Company that, directly or indirectly, Controls, or is controlled
by, or is under common control with, a Company developing a Project or a Member
in a Consortium developing the Project and control means ownership, directly or
indirectly, of more than 50% (fifty percent) of the voting shares of such company or
right to appoint majority Directors;
shall be the quoted Tariff by the selected bidder.
shall mean Bidding Company or a Bidding Consortium submitting the Bid.Any reference to the Bidder includes Bidding Company / Bidding Consortium/ Consortium, Member of a Biding Consortium including its successors, executors and permitted assigns and Lead Member of the Bidding Consortium jointly and severally, as the context may require;
shall refer to such single company that has submitted the
response in accordance with the provisions of this Tender;
shall refer to a group of companies that
has collectively submitted the response in accordance with the provisions of this Tender;
shall have the same meaning as providedin CERC (Terms and Conditions for Tariff determination from Renewable Energy Sources) Regulations, 2009 as amended from time to time. However for avoidance of any doubt, it is clarified that the CUF shall be calculated on the installed Capacity of the plant.
shall mean a person practicing in India or a firm whereof all the partners are practicing in India as Chartered Accountants within the meaning of the
Chartered Accountants Act, 1949;
“COD’’ Commercial Operation Date
“Company”
"Control"
“CTU or Central Transmission Utility”
“Financial Closure”
“Group Company”
shall mean 30 days after testing and
commissioning has been completed and is the initial date to which the seller can start
producing electricity for sale (only when the project has been fully completed with all
plant facilities)
shall mean a body corporate incorporated in India under the CompaniesAct, 1956 or the Companies Act, 2013 as applicable;
The control shall mean holding more than 50% of paid-up share capital;
shall mean the Central Transmission Utilityas defined in sub-section (10) of Section 2 of the Electricity Act 2003;
shall mean arrangements of necessary funds by the biddereither by way of commitments of funds by the company from its internal
resources and / or tie up of funds through a bank / financial institution by way of sanctioned loan and fulfilling all requirements mentioned in clause 3.27 of Tender.
of a Company shall mean:
(i) a Company which, directly or indirectly, holds 10% (ten percent) or more of the
paid up share capital of the Company or;
(ii) a Company in which the Company, directly or indirectly, holds 10% (ten
percent) or more of the paid up share capital of such Company or;
(iii) a Company in which the Company, directly or indirectly, has the power to direct or cause to be directed the management and policies of such Company whether through the ownership of securities or contract or any other arrangement or otherwise or;
(iv) a Company which, directly or indirectly, has the power to direct or cause to be
directed the management and policies of the Company whether through the
ownership of securities or contract or any other arrangement or otherwise or;(v) a Company which is under common control with the Company, and control
means ownership by one Company of at least 10% (ten percent) of the paid up share capital of the other Company or power to direct or cause to be directed the management and policies of such Company whether through the ownership of securities or contract or any other arrangement or otherwise.
Provided that a financial institution, scheduled bank, foreign institutional investor, non-banking financial Company, and any mutual fund shall not be deemed to be Group Company, and its shareholding and the power to direct or cause to be directed the management and policies of a Company shall not be considered for the purposes of this definition unless it is the Project Company or a Member of the Consortium developing the Project.
“Inter-connection point /Delivery/Metering point”
“Joint Control”
"Paid-up share capital"
“Lead Member of the Bidding Consortium” or “Lead Member”
“Letter of Intent” or “LOI”
“Member in a Bidding Consortium” or “Member”
"Month"
“Parent” ;
“Part Commissioning”
will be the Grid switchyard installed by the bidder at the boundary of the plot. The Interconnection Point / Delivery Point /Metering Point shall be on the HV side of Transformer and all costs and losses up to that point will be on account of the bidder.
For interconnection with grid and metering, the developers shall abide by the relevant APERC Regulations, Grid Code, and Central Electricity Authority (Installation and operation of Meters) Regulations, 2006 as amended and revised from time to time;
shall refer to a situation where control is equally distributed amongthe interested parties.
shall mean such aggregate amount of money credited as
paid-up as is equivalent to the amount received as paid up in respect of shares issued
and also includes any amount credited as paid up in respect of shares of the
company, but does not include any other amount received in respect of such shares, by whatever name called;
Paid-up share capital includes:
Paid-up equity share capital and
Fully, compulsorily and mandatorily convertible Preference shares and
Fully, compulsorily and mandatorily convertible Debentures.
: There shall be only one Lead Member, having the shareholding more than 50% in the Bidding Consortium and cannot be changed till one year of the Commercial Operation Date (COD) of the Project;
shall mean the letter issued by APGENCO Ltd (APGENCO) to the Selected Bidder for award of the Project.
shall mean each Company in aBidding Consortium. In case of a Technology Partner being a member in the Consortium, it has to be a Company.
shall mean a period of thirty (30) days from (and excluding) the date of theevent, where specified, else a calendar month;
shall mean a Company, which holds at least 26% equity either directly orindirectly in the Project Company or a Member in a Consortium developing the Project
the Project will be considered as part commissioned if allequipment as per acceptable project capacity less than Contracted project capacity
has been installed and energy has flown into grid;
“Pooling Substation”
unit/
“Project”
"Project Company”
shall mean an intermediary Substation where more than one
Project either solar PV or wind or combination to both may connect for further
connectivity through a common transmission line to STU / CTU System for evacuation of power.
is defined by separate points of injection into the grid at interconnectionpoint / delivery point / metering point at Pooling Substation or STU / CTU substation as the case maybe. Each project must also have a separate boundary, control systems and metering;
shall mean the Company incorporated by the Bidder as per The
Companies Act, 1956or the Companies Act, 2013 as applicable;
“Project Commissioning”
'Project Financing Arrangements”
“Project Developer”
Solar PV Project
“STU or State Transmission Utility”
“Ultimate Parent”
the Project will be considered as commissioned if all
equipment as per rated project capacity has been installed and energy has flown into
grid;
shall mean arrangement of necessary funds bythe Project Developer either by way of commitment of funds by the company from internal resources and/or tie up of funds through a bank / financial institution by way of sanction of a loan;
shall mean Bidding Company or a Bidding Consortiumsubmitting the Bid. Any reference to the Bidder includes Bidding Company / Bidding Consortium/ Consortium, Member of a Bidding Consortium including its successors, executors and permitted assigns and Lead Member of the Bidding Consortium jointly and severally, as the context may require”;
shall be 12 months from the Effective Date of contract for wind project and 6 more months for solar plant.
shall mean the Bidder selected pursuant to
this Tender to set up the Project and supply electrical output as per the terms of
CONTRACT;
shall mean the power project that utilises sunlight and
wind energy conversion into electricity through suitable equipment of state of art
terminology.
shall mean the APTRANSCO or the Government Company notified by the AP State Government under Sub-Section 1 of Section 39 of the Electricity Act 2003;
shall mean a company, which owns at least twenty six percent(26%) of paid up share capital either directly or indirectly in the Parent and Affiliates.
Scheduled Commissioning Date
“Selected Bidder or Successful Bidder”
“Hybrid wind ”
ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED
VIDYUT SOUDHA :: VIJAYAWADA – 520004
NOTICE INVITING TENDER
NO. e-51 /HPC&HP/APGENCO/2019
(TWO PART BID)
Build, Own, Operate and Transfer
Office of the Chief Engineer (HPC&HP),
Vidyut Soudha/ VIJAYAWADA
1. Department Name Andhra Pradesh Power Generation Corporation Limited
2. Circle/Division NameChief Engineer [HPC&HP]/APGENCO
Vidyut Soudha, VIJAYAWADA.
3. Tender Notice No. e-51 /HPC&HP/APGENCO/2019
4. Name of Work
Tariff based bidding for supply of electricity for 25 years to APGENCO by Setting up of 10 MW grid connected Solar Wind hybrid power project at Ramagiri, Anantapuramu district, Andhra Pradesh.
5Capacity and Location of the work
10 MW hybrid wind solar project Ramagiri (V), Ananthapuramu District, Andhra pradesh
6. Estimated Contract Value Rs. 3.00 per unit
7. Period of Contract18 months from the date of LOI/PO(12 months for wind project and another 6 months for solar project)
8. Form of Contract Tariff based bidding
9. Tender Type Open Tenders, online
10. Tender Category
11. Bid Security (EMD)Rs.100 Lakhs
12. Form of Bid Security a) DD shall be drawn in favour of ‘Pay Officer, APGENCO’ payable at VIJAYAWADA.
b) The bidder can pay the bid security in the form of Bank Guarantee also. However he shall pay Rs.1.00 lakh in the form of DD and balance can be paid by way of BG obtained from any nationalised banks in the prescribed format (refer to the Annexures). The B.G. shall have the validity up to 270 Days with claim period of 90 days thereafter.
13. Processing FeeRs.10 Lakhs + GST (non refundable) paid through electronic transfer (RTGS) as per Clause 3.3
14.Schedule Available Date & Time
03.06.2019 , 15.00 Hrs. onwards
15.Pre-Bid meeting Date & Time
18.06 .2019, 15:00 Hrs (prospective bidders are advised to mail their queries, in advance to [email protected]
16.Schedule Closing Date &Time
04.07.2019, 15:00 Hrs
17.Bid Submission closing Date & time
04.07.2019, 17.00 Hrs.
18. Bid Submission Online
19. Bid Validity 180 days from the date of opening of Pre-qualification/Tech. Bid
20.Pre Qualification/ Tech. Bid Opening Date
08.07.2019 at 15.00 Hrs.
21.
Mock drill for Reverse Auction (For interested bidders)
16.07.2019 (14.00 Hrs to 17.00 hrs)
22. Price bid opening Date&Time
18.07.2019 at 11:00 Hrs.
23. Reverse Auction Date & Time
18.07.2019 at 15:00 Hrs.
24. Eligibility CriteriaThe Bidding company or the Lead company of the Bidding Consortium should have executed and operating Solar and Wind Projects of an aggregate capacity of not less than 10MW and the projects shall be in successful operation of at least 12 Months as on the date of Bid Submission.
2.1
The Net Worth of the bidder should be equal to or greater than Rs. 10.00 Crore or equivalent US$ per MW (as per Note 1 below) of the project capacity as on last date of financial year 2018-19. The computation of Net Worth shall be based on unconsolidated audited annual accounts of the bidder.
The networth to be considered for this clause will be the
)
1.0 Technical Criteria
2.0 Financial Criteria
(i) Net Worth
total networth as calculated in accordance with the
Companies Act.
= Paid up share capital.
Add: Free Reserves
Subtract: Revaluation Reserves
Subtract: Intangible Assets
Subtract: Miscellaneous Expenditures to the
extent not written off and carry
forward losses
(a) Share premium will form an integral part of Net Worth provided it is realized in cash or cash equivalent. However, this condition will not apply in case of listed companies.
(b) Paid up Share Capital will include:
i. Paid-up equity share capital;
ii. Fully, compulsorily and mandatorily convertible preference shares; and
iii. Fully, compulsorily and mandatorily convertible debentures
:
In order to ascertain that the Bidder has sufficient means to manage the fund requirements for the Project, the Bidder shall be required to demonstrate at least one of the following parameters:
a. A minimum annual turnover of Rs. 50 Crores during the previous financial year 2018-19. It is hereby clarified that “Other Income” as indicated in the annual accounts of the Bidder shall not be considered for arriving at the annual turnover.
b. Internal resource generation capability, in the form of Profit Before Depreciation Interest and Taxes (PBDIT) for a minimum amount of Rs. 1 Crore , as on the last date of previous financial year, 2018-19.
The Net Worth
(ii) Liquidity
Note 1.
Note 2
3
4.
: The net worth and liquidity parameters to be
Considered for the above purpose will be the cumulative net-worth and liquidity parameters of the Bidding Company or Consortium together with the Net Worth and liquidity arameters of those Affiliates of the Bidder(s) that
undertake to contribute the required equity funding and
performance bank guarantees in case the Bidder(s) fail
to do so in accordance with the Tender.
: . For the purposes of meeting financial requirements, only
unconsolidated audited annual accounts shall be used.
However, audited consolidated annual accounts of the Bidder may be used for the purpose of financial
requirements provided the
Bidder has at least twenty six percent (26%) paid up
share capital in each Company whose accounts are
merged in the audited consolidated account.
. A foreign company can participate on standalone basis or as a member of consortium at Tender stages. In case of foreign company participating on standalone basis and its selection as successful bidder, it has to form an Indian Company registered under the Companies Act, 2013 as its fully owned subsidiary Company (i.e. 100% subsidiary) before awarding of Contract by APGENCO. In case a Foreign Company is selected as the successful bidder, it shall comply with all the laws and provisions related to Foreign Direct Investment in India.
In case the foreign company participating as a member of consortium, the clause (iii) as below shall be applicable.The Bidder may seek qualification on the basis of financial capability of its Parent and / or its Affiliate(s) for the purpose of meeting the Qualification Requirements as per (i) and (ii) above. In case of the Bidder being a Bidding Consortium, any Member may seek qualification on the basis of financial capability of its Affiliate(s). In such cases, the Bidder shall be required to submit Board Resolutions from the Parent Company and/or the Affiliates undertaking to contribute the required equity funding and performance bank guarantees in case the Bidder(s) fail to do so in accordance with the Tender.
5.
6. For Bidding Consortium:
For the Qualification Requirements, if data is provided by the Bidder Company in foreign currency, equivalent rupees of Net Worth/liquidity parameters will be calculated using bills selling exchange rate (card rate) USD / INR of State Bank of India prevailing on the date of closing accounts for the respective financial year as certified by the bidder’s banker. For currency other than USD, bidders shall convert such currency into USD as per exchange rates certified by their banker prevailing on the relevant date and used for such conversion.
If the response to Tender is submitted by a Consortium the financial requirement as per clause 3.8.2 (i) and (ii) above shall be met individually and collectively by all the Members in the Bidding Consortium. The financial requirement as per clause 3.8.2
(i) and (ii) above to be met by each Member of the Consortium shall be computed in proportion to the equity commitment made by each of them in the Bidding Consortium.
For computation of Net Worth of members, methodology
as provided in clause 3.8.2 (i) above shall be followed.
Any Consortium, if selected, shall for the purpose of sale of power to APGENCO, incorporate a Project Company with equity participation by the Members in line with Consortium Contract (to be submitted along with Tender) before signing the CONTRACT with APGENCO i.e. the Project Company incorporated shall have the same Shareholding Pattern as given at the time of Tender. This shall not change till the signing of CONTRACT and the Controlling Shareholding (held by the Lead Member holding more than 50% of the voting rights) shall not change from the Tender application date till one year after the Commercial Operation Date (COD) of the Project. However, in case of any change in the shareholding of the other shareholders (other than the Controlling Shareholder including Lead Member) after signing of CONTRACT, the arrangement should not change the status of the Controlling Shareholder and the lead member in the Project Company at least up to one year after the COD of the Project. Further, such change
in shareholding would be subject to continued fulfillment of the financial and technical criteria, by the Project Company.
The Bidder or any of its Affiliates should not be a wilful defaulter to any lender, and that there is no major litigation pending or threatened against the Bidder or any of its Affiliates which are of a nature that could cast a doubt on the ability or the suitability of the Bidder to undertake the Project. The Bidder shall submit an undertaking to this effect as per the Format- 6.5A.
If the accounts are not finalized and auditing is not completed, the details as certified by the company’s chartered Accountant will be considered.
25. Place of Opening of Tenders
In the chambers of Chief Engineer (HPC&HP), APGENCO, 4th Floor, Vidyut Soudha, VIJAYAWADA-520004, Andhra Pradesh.
26. Officer Inviting Bids Chief Engineer (HPC &HP), APGENCO.
27. Address 4th Floor, A- Block, Vidyut Soudha, Gunadala, VIJAYAWADA-520004,
Andhra Pradesh.
28. Contact Details Phone : (0866) 2526-321/322, Fax : (0866) 2526323
29. Procedure for bid submission
The bidders need to register on the electronic procurement market place of APGENCO. On registration on the APGENCO e-procurement market place, the bidder will be provided with a user ID and password by the system using which the bidder can submit their bids on line.
2) For registration, online bid submission, detailed guidelines and related queries on APGENCO e-procurement Website, the bidders may contact HELP DESK on https://etender.apgenco.gov.in
3) Digital Certificate Authentication:
The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on APGENCO e-procurement website. Bids not authenticated by Digital Certificate of the bidder will not be accepted on the APGENCO e-procurement website. For obtaining Digital Signature Certificate, all the bidders are requested to go through ‘Guidelines to bidders’ in the APGENCO e-procurement website.
4) The tenderer should read and understand clearly the general instructions and terms and conditions of the tender document before uploading of documents and submission of the tender. The Bidder is also requested to down load the training Kit, along with above tender document and use the same to acquaint with the procedure. Offline submission of the bid is prohibited. Any offline submission of the bid will be rejected and action will be taken
7. Other Criteria:
8.
1)
i)
ii)
against the bidder according to the norms of APGENCO e-procurement website.
5) The bids shall be submitted online. All the documents to be submitted as soft copies shall be signed & stamped, scanned and uploaded in Zip format. Those documents which shall be submitted as hard copies shall be signed, stamped and sent to reach the tender inviting authority by the successful bidder after written request from the tender inviting authority. The
to be submitted is given in Section-6.
30. Statutory Requirements Furnishing of income tax certificate is dispensed with; however the bidder shall furnish their copy of Permanent Account Number (PAN) card and copy of latest income tax returns along with the other documents.
31. Documents to be submitted (Hard copies) to the Tender inviting authority
The successful bidder should furnish all the hard copies of the information uploaded by him along with original EMD so as to receive by the tender inviting authority within the stipulated date as communicated by the tender inviting authority after finalizing the tender and before issue of LOI/PO.
32. Other relevant information 1) APGENCO reserves the right to reject any or all the tenders and cancels the tender itself without assigning any reasons therefor.
2) APGENCO reserves the right to amend or modify the tender and its conditions before last date/time for submission of bids.
3) Any other condition regarding receipt of tenders in conventional method appearing in the tender documents may please be treated as not applicable.
4) The Contractors are requested to submit the original BGs/ DDs along with other hard copies required as soon as requested by the tender inviting authority.
33 Superscription on Tender Cover (Hard Copies to be furnished on request from the tender inviting authority)
The bidders shall mention the following superscriptions on the tender cover:i) Specification No. ii) Name of the Work iii) Due Date and Time of Opening iv) EMD PARTICULARS/ P E.M.D Certificate No. v) Validity of the Tender
34 Transaction Fee & Corpus Fund
At present these are not applicable as the tender is being processed through APGENCO e-procurement website i.e., https://etender.apgenco.gov.in or by using the link in the APGENCO website www.apgenco.gov.in
List of the documents
Income tax Clearance Certificate:
SD/--
CHIEF ENGINEER (HPC&HP)
VIDYUTSOUDHA, VIJAYAWADA–520004
NOTE:
A) PRELIMINARY EXAMINATION:
The “Bid” under e-procurement package will be opened to assess whether the Bidder qualifies and whether his offer is technically acceptable and substantially responsive. The Purchaser will examine the Bids to determine whether they are complete, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order. The bids of only such Bidders whose bids are technically and commercially in accordance with the specification and who have submitted the necessary Bid Security in the form required will be considered for opening of price bid.
A responsive Bid is the one which accepts and fulfils all the terms and conditions of this specification and documents, supported by the necessary sureties, and are complete in respect of details as asked for in the Bid document.
The responsive Bids received will be evaluated by the Purchaser to ascertain the lowest evaluated Bid for complete works covered under these specifications and documents.
Bidder shall quote for full quantity against all items. Part bids are liable for rejection.
Physical presence of the bidders is not required at the time of PQB/Technical bid opening or Price bid opening.
E) to be submitted in hard copies/ soft copies is given in
B) PRICE EVALUATION:
C)
D)
List of the documents Section-6
Section 3
Information
and
Instructions to Bidders
Section 3
3.0 INFORMATION AND INSTRUCTIONS TO BIDDERS
3.1 Total Capacity Offered
3.2 Capacity of the Project
3.3 Processing Fees
Andhra Pradesh Power Generation Corporation Limited (APGENCO) an Undertaking of the Government of Andhra Pradesh with its Registered Office at Vidyut Soudha, Gunadala, VIJAYAWADA-520004, here in after referred to as “Purchaser” proposes to buy Electricity from a 10 MW hybrid wind solar plant to be set up at the location mentioned in NIT and intends to receive Bids from well established and reliable contractors for with the following scope of Contract, intending to be completed during the period as specified in the NIT and relevant places of these bid documents.
The successful bidder has to set up the plant and operate for 25 years and then transfer to APGENCO on ‘as is where is basis’.
The estimated capacity of the hybrid plant is 10 MW. However the successful bidder may design the plant suitably for optimum utilisation of land and wind/Solar resources. However the capacity of plant shall not be lower than 8 MW.
The interested Project Developers are required to participate in this Request for
Selection (Tender) for installation of Grid-connected Solar wind hybrid Power Plants
on Build-Own-Operate and transfer (B-O-O-T) basis.
The bidder shall indicate the capacity of wind and solar plants proposed for installation at the site. He shall indicate the maximum capacity, both AC&DC capacity of the plant offered along with estimated energy output, basis of their estimation etc., along with the bid.
Prospective bidders interested to participate in the bidding process are required to
submit their offer on-line on the website https://www.etender.apgenco.gov.in
along with a non-refundable processing fee of Rs.10.00 Lakh + applicable GST which is presently at 18% through RTGS and details enclosed to the online bid along with other documents before last date and time of submission of bids as per NIT of this Tender document. The details of APGENCO’s Banker are as follows:
Name of the Bank : State Bank of India.
Name of the Branch: Specialised Mid corporate Branch,Vijayawada.
IFSC code : SBIN0016576.
Bank Account No: 52077965022.
MICR Code of Bank/BRCode: 520002044.
3.4 Critical Date Sheet for activities involved in the Tender (through e-bidding
Process)
Please refer to NIT.
3.5
B. Location of site : Ramagiri(V), Anantapuramu Dt
in Andhra Pradesh
C. Longitude / Latitude : 14.3104° N, 77.5060° E
APGENCO carried out a technical pre feasibility study for setting up of wind project in the specified site through NIWE (earlier C-WET). The report of NIWE along with wind data sets (soft copy) are enclosed to these tender documents for information of the bidders.The bidders shall note that these details are to be treated as advisory in nature and the bidders are expected to do their due diligence regarding wind and solar radiation resources and other details before submitting their bids .
APGENCO Ltd. shall in no way be responsible for any loss or damage arising out of the use of the data provided.
Company, including its Parent, Affiliate or Ultimate Parent or any Group Company shall submit one single application in the prescribed format detailing all projects for which the bidder is submitting the application. Statement for the same is to be submitted as per Format for Disclosure ( ).
Location of Project site:
Further Bidders, in their own interest, are advised to visit and examine the Project Site where ,the Hybrid Power Project is to be developed and its surroundings and obtain for himself all information that may be necessary for preparing the bid and entering into Contract with APGENCO for supply of power. The costs of visiting the site shall be borne by the bidder himself. APGENCO will not assume any responsibility in this regard.
3.6 Number of Responses to Tender by a Company
Format – 6.7
3.7 Qualification Requirements
(about 543 Kms from VIJAYAWADA)
The Bidder should be a Company (Bidding Company) or a Consortium of Companies (Bidding Consortium) with one of the Companies acting as the Lead Member of the Bidding Consortium. Short-listing of Bidder for opening of Financial Bid will be based on meeting the Qualification Requirements specified in NIT:
(i) Companies incorporated in India under the Companies Act, 1956 or Companies
Act, 2013 as applicable;
(ii) A foreign company can also participate on standalone basis or as a member of consortium at Tender stage. But before signing of CONTRACT, keeping the original shareholding unchanged it has to form an Indian Company registered under the Companies Act, 1956 or Companies Act, 2013 as applicable;
(iii) A Bidding Consortium (that may/ may not have a foreign company) can
participate at Tender stage;
i. The Hybrid Power Plant should be designed for inter-connection with the nearest Pooling Substation of APDISCOM/APTRANSCO. The responsibility of successful bidder ends with the construction of Switch Yard at the plant boundary for evacuation of power at 33 KV voltage level.
APGENCO will arrange evacuation of power from plant Switchyard to APDISCOM/APTRANSCO substation. The plant Switchyard is considered as termination point for the bidder which is also called as interconnection point where metering provisions shall also be made by the bidder and it would the point of energy purchase.
ii. The entire cost of Transmission from the Project up to the plant switchyard/ Metering Point/ interconnection point, wheeling charges, losses etc. (as applicable) will be borne by the bidder .The cost of development of infrastructure such as roads, water system, internal evacuation system etc. in hybrid plant shall be borne by the bidder
iii. APGENCO shall endeavour to match the commissioning of external evacuation system with the commissioning of the project by the successful bidder.
iv. Penalties, fines and charges imposed by the CTU/STU under any statute or regulation in relation to delay in commissioning of the project shall be payable by the bidder to the extent the delay is attributable to the bidder.
3.8. Companies Eligible for Participation:
3.9 Connectivity with the Grid
3.10 Capacity Utilization Factor (CUF)
3.11 Short-listing of Bidders for Opening of Financial Bids
The bidders will have to submit bids quoting a fixed levellised tariff for entireproject duration of 25 years.
Ranking Short-listing of bidders for Reverse Auction
The successful bidder shall design the hybrid plant to utilise the wind/solar
resources estimating to generate more power. The aggregate CUF of the Hybrid
wind solar project selected through this Tender, shall not be less than 22% in the
first year. The bidder shall indicate the yearly degradation factor and other
estimations along with the bid.
The Forecasting and scheduling of the hybrid plant has to be carried out by the
bidder himself as per the Regulation No.4, 2017 of APERC and a copy of the
schedule is to be submitted to APGENCO regularly. Further, the company has to
provide the data access through to APGENCO SCADA.
APGENCO shall evaluate only those responses to Tender, which are submitted on-line on the earmarked website by the due date and time. The responses will be evaluated for the Qualification Requirements and all the responses meeting the Qualification Requirements shall be considered for opening of their Financial Bid (first round tariff bid).
3.12. This will be the “First Round Tariff Bid” of the Bidder
after which the shortlisted bidders shall be invited for the Reverse Bid Auction. Bidder shall quote a single tariff for all of its projects.
:
All those bidders who are found to be technically qualified, will be ranked according to the quoted first round tariff bid, with highest ranking (Rank 1) to that bidder who has quoted the lowest first round tariff bid and so on.
If the first round tariff bid is same for two or more bidders, then the bidder with higher net worth shall be given higher ranking. Similarly, In case the net worth of bidders are also same, then relative ranking shall be decided through draw of lots.
3.13.1
Out of all qualified bidders, short-listing will be done for Reverse Auction as specified in business rules of Reverse auction
For the purpose of determination of the lowest Ranked bidder, if there is a tie among two or more bidders based on First Round Tariff Bid, the bidder with the lowest net worth among these bidders will be considered having lowest rank than the other bidder(s).”
At the start of the reverse auction process, the lowest first round tariff bid of short-listed bidders shall be fed as first quoted tariff .The minimum decrement value for Reverse Auction is half paisa i.e., INR 0.005
Bidders can quote any value lower than their quoted tariff. However no upward revision of tariff will be allowed. Bidders can improve their ranking by quoting the tariff lower than last quoted tariff by any number of decrements.
The initial auction period will be of one (01) hour with a provision of auto extension by eight minutes from the scheduled/extended closing time if any fresh bid is received in last three minutes of auction period or extended auction period. If no valid bid is received during last three minutes of auction period or extended auction period, the reverse auction process will get closed.
During the reverse auction, the following information will be displayed in the bidder’s bidding window:
1. His First Round Tariff Bid as their Start Price initially and there after last quoted price.
2. The list of last quoted price (i.e., Last Bid Value) of all bidders with their Pseudo Identities and their time of quote.
All the short listed bidders for Reverse Auction shall be intimated about their eligibility for
participation in Reverse Auction two hours before the start of Reverse Auction.
3.13.2. Reverse Auction
TERMS & CONDITIONS OF REVERSE AUCTION
1. The bidder may contact APGENCO for necessary training on reverse auction well before commencement of reverse auction, if required. He may attend for the mock drill on the date proposed by APGENCO, duly informing their interest well in advance, for making necessary arrangements by APGENCO.
2. Technically and commercially acceptable shortlisted bidders only shall be eligible to participate in the Reverse Auction.
3. Bidders have to accept ‘Terms & Conditions’ and the ‘Business rules of Reverse Auction’ before start of Reverse auction online. Without this, the bidder will not be eligible to submit his bid in the Reverse Auction.
4. Reverse Auction will be conducted on Bid Price per Unit basis, price bid format Total Price declared in Attachment-I of Part – II (Price Bid). The Quoted Generation shall remain same and bidders are not allowed to alter/modify it during bidding process including Reverse Auction.
In line with the provisions of bidding document, Bidders will be ready for keying in their Bid Price during the Reverse Auction.
5. After conclusion of the Reverse Auction event, all the bidders have to e-mail from its registered e-mail id, the final prices quoted during the online Reverse Auction duly signed by the authorized person, in the Price Schedule format, within two (2) hours of Auction end time, without fail.
6. If the Bidder or any of his representatives are found to be involved in Price manipulation/ cartel formation of any kind, directly or indirectly by communicating with other bidders, action as per extant APGENCO guidelines, shall be initiated by APGENCO.
7. The Bidder shall not divulge either his Bids or any other exclusive details of APGENCO to any other party.
8. Period of validity of Prices received through Reverse Auction shall be same as that of the period of validity of bids offered.
9. Bidders should also note that:
i. Although extension time is eight (8) minutes, there is a time lag between the actual placement of the bid on the local computer of the bidder and the refreshing of the data on to the server for the visibility to the Owner. Considering the processing time for data exchange and the possible network congestion, bidders must avoid the last minute hosting of the Price Bid.
ii. Participating bidder will agree to non-disclosure of trade information regarding the purchase, identity of APGENCO, bid process, bid technology, bid documentation and bid details.
iii. It is brought to the attention of the bidders that the bid event will lead to the final price only.
iv. Technical and other non-commercial queries (not impacting price) can only be routed to the APGENCO contact personnel indicated in the bidding documents.
v. Orders shall be placed outside the e-portal & further processing of the PO shall also be outside the system.
vi. In case of any problem faced by the bidder during Reverse Auction and for all Bidding process related queries, bidders are advised to contact the persons indicated for the concerned location/project office in “Contact Us” link provided on the log-on page of APGENCO e-tender portal.
vii. Short listed Bidders are advised to visit the auction page and enter the ‘live auction’ cockpit successfully well in advance, immediately after the scheduled date & time of the price bids, to identify / rectify the problems to avoid last minute hitches.
viii. APGENCO will not be responsible for any PC configuration/Java related issues, software/hardware related issues, telephone line glitches and breakdown / slow speed in internet connection of PC at Bidder’s end.
ix. Bidders may note that it may not be possible to extend any help, during Reverse Auction, over phone or in person in relation to rectification of PC / Internet / Java related issues and Bidder may lose the chance of participation in the auction.
x. For access to the Auction site, the following URL is to be used:
Login ID and Password: The bidder shall use his Login ID and Password to participate in the online event. All bids made from the Login ID given to the bidders will be deemed to have been made by the bidders’ company.
Click on “Process Bid” and subsequently on “Live Auction document number”.Click on “Live Auction” to launch Live Auction. Live Auction Cockpit shall appear on the screen after accepting the Terms & Conditions by the bidder.Enter Amount/Rate in the “Bid Price” field and press “Submit” to quote in Live Auction. A confirmation prompt showing total Bid Price shall appear on the screen which is required to be confirmed. In case of any mistake in entering the price, click on the “No” button to re-enter the Prices.In case the Prices are accepted by the system, it prompts “Your bid for the line item # has been successfully submitted” otherwise message “Bid price is too high; Bid rejected for the following line item #” (#-respective line item no)In case the Auction is paused by the Buyer, a prompt will appear on the screen conveying the message.Similar prompt will also come on resuming of the Auction, Time Extension of the Auction and Close of Auction.
10. Bidders are advised to get fully trained and clear all their doubts such as refreshing of Screen, tender value being auctioned, auction rules etc.
11. No queries shall be entertained while Reverse Auction is in progress.
12. In case user ID is locked, the bidder shall call the HELP DESK.
https://etender.apgenco.gov.in
•
••
•
•
•
•
3.13.3 USER HELP
1. Log on to
2. Enter your Login ID & Password. Click on the link ‘Login’
3. You will reach your account Home Page, Click on the required Auction Number and then on the Live Auction link to enter the Auction Cockpit.
4. You will enter the Auction Cockpit.
Check points for starting real time auction.Check the details of Reverse Auction participating for.Check for the Item name that is set for Reverse AuctionCheck for Opening price, duration, and bid decrement of the Reverse Auction, as communicated.
https://etender.apgenco.gov.in
ØØØØ
3.13.4 BUSINESS RULES OF REVERSE AUCTION
1.
2.
3.
4.
5.
6.
Short listing of Bidders:
i. The evaluated price bids of all bidders will be listed out and ranking of all the bidders shall be done based on their quoted price (including all taxes and duties).
ii. From the above ranking, fifty percent (50%) of the qualified bidders subject to a minimum limit of 10 bidders shall be selected for Reverse Auctioning except the two Highest Quoted Bidders (H1 & H2), who under any circumstances, shall not be allowed for participation in the Reverse Auction.
iii. However, in case, number of qualified bidders is less or equal to ten (10) bidders, then Highest Quoted Bidder (H1) only shall not be allowed to quote in the reverse auction.
iv. All the short listed bidders for Reverse Auction shall be intimated about their eligibility for participation in Reverse Auction two hours before the start of Reverse Auction.
Bid Price: The Bidder has to quote the Price per Unit and all applicable taxes and duties.
Bidders are advised to quote for the entire scope of Contract without any deviations from the tender specification. However, the amount quoted for withdrawal of deviations mentioned in Format 6.10 only will be considered and added for arriving final quote of the bidder.
The Mock Drill/Training will be provided to the bidders as per their request on the date as mentioned in NIT.
Schedule for Reverse Auction:
As per NIT.
Procedure of Reverse Auctioningi. Online Reverse Auction: The ‘Opening Price per unit’ i.e. start price for RA
(Reverse Auction) shall be lowest bid received by APGENCO.ii. Bid Decrement shall be half paise of current L1 bid price.iii. Bidders, by offering a price equal to or lower than the “Next Valid Bid, can become
“L1” Bidder and this continues as an iterative process.iii. After completion of the online Reverse Auction, the Closing Price (CP) shall be
available for further processing.
7. Auction extension time : If a valid bid is placed within 3 minutes of End Time of the RA, then Reverse Auction duration shall get automatically extended for another 8 minutes from the existing end time. It may be noted that the auto-extension will take place only if a valid bid comes in those last 3 minutes. If a bid does not get accepted as the lowest bid, the auto-extension will not take place even if that bid might have come in the last 3 minutes. The above process will continue till no bid is received in last 3 minutes subjected to maximum of Hundred times of extension, which shall mark the completion of Reverse Auction. However, bidders are advised not to wait till the last moment to enter their bid to avoid complications related to internet connectivity, their network problems, system crash down, power failure etc.
8. Post auction procedure: APGENCO will proceed with the Lowest Bid received in the Reverse Auction for further processing and award considerations.
9. If no bid is received in the auction system/ website within the specified time of the online RA, then APGENCO will scrap the online Reverse Auction process and proceed with the Bid Price received through e-tendering for further processing.
10. After conclusion of the Reverse Auction event, all the bidders have to e-mail from its registered e-mail id, the final prices quoted during the online Reverse Auction duly signed by the authorized person, in the prescribed Price Schedule formats within two (2) hours of Auction end time, without fail.
11. Any variation between the final bid value and that in the confirmatory price breakup, sent through registered e-mail will be considered as tampering the tender process and will invite action by APGENCO as per extant guidelines in vogue.
12. Bidders shall be able to view the following on their screen along with the necessary fields during Online Reverse Auction :
a. Start Price
b. Decrement value
c. Rank of the bidder
d. Minimum Bid placed by the bidder
e. Current Bid Value of the Bidder
f. Best Bid in the Auction (Current L1 Price)
g. Next Valid Bid (Rate to be quoted in order to become L1)
h. Minimum Bid Price (Bidder to enter his minimum Bid Price here)
13. Upon receipt of the system report after completion of the Online Reverse Auction, L1 will be considered for further processing. APGENCO’s decision on award of Contract shall be final and binding on all the Bidders.
14. APGENCO reserves the right to cancel/reschedule/extend the Reverse Auction process/ tender at any time, before ordering, without assigning any reasons.
15. APGENCO shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause. In such cases, the decision of APGENCO shall be binding on the bidders.
16. Other terms and conditions shall be as per bidder’s techno-commercial offers and as per APGENCO’s bidding documents and other correspondences, if any, till date.
17. Bidders are required to submit their acceptance to the stipulated terms and conditions before participating in the Reverse Auction.
After the reverse auction is closed, bucket filling will be done based on the ranking of bidders and number of qualified Projects. The lowest quoting bidder will be allotted the project.
In case of tie among two or more bidders (i.e. their last quoted tariff being same), the resolution shall be done as under:
i) The First Criterion shall be the time stamping of last tariff bid. The preference shall be given to that bidder who has quoted its last tariff bid earlier than other such bidders.
ii) The Second Criterion shall be the evaluated net worth by APGENCO. The bidder with higher evaluated net worth shall be given preference over other such bidders.
3.13.5 Selection of Successful Bidders
These criteria shall be applied in the sequence as mentioned above. If the tie still remains unresolved, the relative ranking of such bidders shall be decided through draw of lots at designated date and time among such bidders in the presence of their authorized representatives.
Further if a bidder who has been invited for the reverse auction does not reduce its tariff bid or does not participate in the reverse auction for any reason whatsoever, its first round tariff bid shall be considered its final bid price in the reverse auction. The time stamping of all such bidders shall be the time of commencement of reverse auction.
In all cases, APGENCO decision regarding selection of bidders through Reverse Auction or otherwise based on First Round Tariff bid or annulment of tender process shall be final and binding on all participating bidders.
1. APGENCO reserves the right to verify the documents furnished by the bidders at the time of
submission of Tender including availability of the Net Worth/Turnover/PBDIT/ to the extent claimed in the Tender with the original documents and bank statements and the shareholding of the Project Company along with a copy of complete documentary evidence supported with originals at any stage from evaluation upto the expiry of contract.
2. Before signing the contract, APGENCO will ask the successful Bidder to furnish the Memorandum & Articles of Association of Project Company/Project Developer (highlighting the relevant provision of Power / Energy / Renewable Energy / Solar Power Plant development) in case the same was not available in the Memorandum & Articles of Association of the Bidder at the time of submission of Bid. If at any stage it is found that the documents furnished by the bidders during Tender are misleading or misrepresented in any way then the EMD shall be forfeited and the agency shall be blacklisted for an appropriate period decided by APGENCO.
(i) An agreement shall be signed between APGENCO and successful bidder. A copy of the agreement containing detailed terms and conditions applicable for sale of energy by successful bidder to APGENCO, is enclosed.
(ii) The bidder shall not reconfigure or repower the plant from time to time during the agreement duration. However, APGENCO will be obliged to examine the circumstances requiring for such reconfigure/repowering of the plant and deviation connected in due course.
Note:
3.14 Power Sale Agreement
(iii)
The agreement is valid for a period of 25 years from the date of commercial operation and any extension beyond 25 years shall be through mutual Agreement between the contractor and APGENCO.
(iv) The Effective Date of CONTRACT shall not exceed 30 days from issuance of LOI.
The response to Tender shall be submitted electronically in the method specified as per on should contain the following:
Bidders shall submit technical bid containing thescanned copy of following documents in SEQUENCE as mentioned below with index and page number duly mentioned on each page and in index: -
1. Covering Letter as per ;
2. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead
Member issued by all the other Members of the Consortium shall be provided as
per .
In the event any Member of the Bidding Consortium (other than Lead Member) being a foreign entity, it may submit Board Resolutions in place of Power of Attorney for the purpose of fulfilling the requirements under this Clause. Provided that such Board Resolutions shall be supported by an opinion issued by the legal counsel of such foreign entity stating that the Board Resolutions are in compliance with the applicable laws of the respective jurisdictions of the issuing Company and the authorizations granted therein are true and valid.
3. Board Resolutions, as per duly certified by the Company Secretary or
the Director of the relevant Bidder, as applicable to the Bidder and mentioned
hereunder:
a. Board Resolution from the Bidding Company or the Lead Member of the
Consortium, as the case may be, in favour of the person signing the response
to Tender;
3.15 Submission of response to tender by the Bidder
Clause 3.19 https://www.etender.apgenco.gov.in
A. First Envelope (Technical Bid): -
Format 6.1
Format 6.2
Format 6.3
b. Board Resolution from the Bidding Company committing one hundred percent (100%) of the equity requirement for the Project / Board Resolutions from each of the Consortium Members together in aggregate committing to one hundred percent (100%) of equity requirement for the Project (in case of Bidding Consortium) and authorizing a person to execute the Consortium contract;
c. Board Resolutions from each of the Consortium Members and Lead member contributing such additional amount over and above the percentage limit (specified for the Lead Member and other member in the Consortium Contract) to the extent becoming necessary towards the total equity share in the Project Company, obligatory on the part of the Consortium pursuant to the terms and conditions contained in the Consortium Contract and
d. Board Resolutions from Parent and /or Affiliate (whose credentials were used in the response to Tender) of the Bidding Company / any Member of the Bidding Consortium undertaking to invest the entire amount and submit the requisite Performance Bank Guarantee as committed by Bidding Company / Member of the Bidding Consortium, in event of failure of Bidding Company / Member of the Bidding Consortium to make such investment and/or to submit the requisite Performance Bank Guarantee.
4. In case of a Consortium, the Consortium Contract between the Members in the
Consortium as per along with Board resolution from each Member of the Consortium for participating in consortium;
5. Financial Requirements as per as applicable;
6. Format for Technical Criteria wherein Bidder shall certify that the technology to be adopted shall be commercially established and operational technology. Final details of same shall be submitted within 3 months of signing of the agreement/award of the contract. as per ;
7. A disclosure statement as per regarding participation of any related
companies in this bidding process;
8. Declaration by the Bidding Company / Lead Member of Bidding Consortium for
the Proposed Technology Tie Up as per ;
9. Checklist for Bank Guarantee as per ;
10. Memorandum & Articles of Association (highlighting relevant provision of Power / Energy / Renewable Energy / wind solar Plant development), Certificate of
Format 6.4
Format 6.5
Format 6.6
Format 6.7
Format 6.8
Appendix-A
Incorporation (if applicable) of Bidding Company / all member companies of Bidding Consortium, Shareholding Pattern along with shareholders rights and obligations filed with ROC. In case of foreign bidders having documents other than English language then all these documents shall be translated in English language by approved translator and shall be notarized by the Indian Consulate in that country.
At the time of submission of bid if the Bidder does not have the aforesaid relevant provision of Power / Energy / Renewable Energy / wind power developer /Solar Power Plant development in its existing Memorandum & Articles of Association, the same may be incorporated later in the Memorandum & Articles of Association of Project Company / bidder and submit the same to APGENCO
.
Bidders shall submit the Financial bid as per Format 6.11 containing the First round tariff bid (in paise/kWh). The first round tariff bid shall also be filled online in the electronic form provided at the APGENCO portal.
First round tariff bid (in Paise/kWh) shall be quoted upto one place of decimal only. If first round tariff bid is offered with more than one digit after decimal, it shall be truncated and considered upto one place of decimal (in paise/kwh).
Wherever information has been sought in specified formats, the Bidders shall fill-in the details as per the prescribed formats and shall refrain from referring to any other document for providing any information required in the prescribed format. Any document submitted in format other than that specified in this Tender document may call for rejection of bid.
within 15 days from the date of issue of contract
B. Second Envelope (Financial Bid): -
3.16
3.16.1 Modification of Bid
The bidder may modify its bid prior to deadline of bid submission duly deleting the
earlier bids. For the purpose of evaluation, the bid uploaded with higher rate on
APGENCO portal shall be considered as final submission, if there are two or more
bids found.
a. The bidder may be shortlisted based on the declarations made by them in
relevant schedules of Tender. The documents submitted online will be verified
before awarding of contract.
b. If the Bidder/Member in a Bidding Consortium conceals any material information, in any manner whatsoever, APGENCO reserves the right to reject such response to Tender and/or cancel the Letter of Intent, if issued and the Bank Guarantee provided upto that stage shall be encashed without prejudice to take legal actions for the damage caused to APGENCO. Bidder shall be solely responsible for disqualification based on their declaration in the response to Tender submitted online with APGENCO website.
c. If the event specified at 3.17 (b) above is discovered after the Effective Date of
CONTRACT, consequences as specified in CONTRACT shall also apply.
d. Response submitted by the Bidder shall become the property of APGENCO and
APGENCO shall have no obligation to return the same to the Bidder.
e. All documents of the response to Tender submitted online must be digitally
signed by the person authorised by their respective Boards on behalf of the
Bidder as per
f. The response to Tender shall be submitted as mentioned in
above. No change or supplemental information to a response to Tender will be
accepted after the scheduled date and time of submission of response to Tender.
However APGENCO reserves the right to seek additional information or
clarifications from the Bidders, if found necessary, during the course of evaluation
of the response to Tender.
g. Bidders shall mention the name of the contact person and complete address of
the Bidder in the covering letter.
h. Response to Tender that are incomplete or do not substantially meet the
requirements prescribed in this Tender, will be liable for rejection by APGENCO.
3.17 The Bidder should note that:
Format 6.4 (consortium)
Clause 3.15
i. Response to Tender not submitted in the specified formats will be liable for
rejection by APGENCO.
j. Bidders delaying in submission of additional information or clarifications sought
by APGENCO will be liable for rejection.
k. Non submission and/or submission of incomplete data/ information required under the provisions of Tender shall not be construed as waiver on the part of APGENCO of the obligation of the Bidder to furnish the said data/information unless the waiver is given in writing.
l. Only Courts located in Vijayawada shall have exclusive jurisdiction in all matters pertaining to Tender.
m. All the information should be submitted in English language only. In case of foreign bidders having documents other than English language then all these documents shall be translated in English language by approved translator and shall be notarized by the Indian Consulate in that country.
Bidders should submit the response to Tender online on https://www.etender.apgenco.gov.in as per the schedule specified in NIT above. No offline or late bids will be allowed.
The Bidder shall submit the response to Tender which shall remain valid up to One Hundred Eighty (180) days from the technical bid opening date (“Bid Validity”). APGENCO reserves the right to reject any response to Tender which does not meet the aforementioned validity requirement. In exceptional circumstances, APGENCO may solicit the Bidder's consent to an extension of the initial bid validity period. The request and responses thereto shall be made in writing by email or post or by telefax followed by post confirmation. If a Bidder accepts to extend the period of bid validity, the validity of Earnest Money Deposit shall also be suitably extended. A Bidder may refuse the request. In such case APGENCO will not forfeit its Earnest Money Deposit. A Bidder granting the request will not be required nor permitted to modify its bid.
3.18 Due Date
3.19 Validity of the Response to Tender
3.20 Preparation cost
3.21 Enquiries/Clarifications
a. Pre-Bid Meeting
NIT.
The Bidder shall be responsible for all the costs associated with preparation and submission of the response to Tender, attending training program and participation in discussions and attending pre-bid meeting(s), etc. APGENCO shall not be responsible, in any way, for such costs, regardless of the conduct or outcome of the bid process.
i. Clarifications/ Doubts, if any, on Tender document may be addressed to the Tender inviting authority) at the address mentioned in NIT on or before the dates mentioned in the
ii. APGENCO will make all efforts to respond to the same in the Pre Bid Conference to be held indicated in NIT .A compiled list of such questionnaire and APGENCO’s response will be uploaded in the website https://www.etender.apgenco.gov.in. All are requested to remain updated with the website. No separate reply/intimation will be given elsewhere. Verbal clarifications & information given by APGENCO / SPPD or their employees(s) or their representative(s) shall not be in any way binding on APGENCO.
iii. Enquiries/ clarifications may be sought by the Bidder in following format on email ID: [email protected]
Sl. no.Clause no. of Tender Provision of Tender Query of bidder
The bidders are required to submit the queries in Excel file.
3.22.
At any time prior to the deadline for submission of bids, APGENCO may, for any reason, whether at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the Tender documents. The amendment will be uploaded on the website https://www.etender.apgenco.gov.in. Bidders are required to remain updated with the website. No separate intimation will be given elsewhere. The amendment will be binding on all prospective Bidders and it will be assumed that the information contained therein will have been taken into account by the Bidder in its bid.
During bid evaluation, APGENCO may, at its discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the substance of the bid shall be sought, offered or permitted.
The Bidder shall provide the following Bank Guarantees to APGENCO from any of the scheduled Banks in a phased manner as detailed hereunder:
i) Earnest Money Deposit (EMD) as specified in the NIT shall be submitted by the prospective bidder in the form of Bank Guarantee valid for a period of 60 days beyond the Bid Validity period of Tender i.e. 240 days from technical bid opening date as per . Scanned copy of Bank Guarantee towards EMD is to be submitted along with response to Tender in First Envelope (Technical Bid). If a bidder extends the period of bid validity pursuant to clause 3.19 of Tender, the validity of EMD shall also be extended so that it remains valid for a period of 60 days beyond the extended Bid Validity.
Performance Bank Guarantee (PBG) shall be submitted to APGENCO
. The PBG should be valid
for a period of 24 months from the date of LOI/ award of contract.
Amendment to Tender Documents
3.23 Clarification on Bids
3.24 Bank Guarantees
Format 6.12
within
15 days from the date of issue of Letter of Intent
ii)
On receipt and after verification of the Performance Bank Guarantee in acceptable form, the earlier Bank Guarantee submitted towards EMD would be returned to the Bidder.
The EMD of unsuccessful bidders shall be released within fifteen days of the completion of reverse auction process and decision taken by APGENCO.
The Bank Guarantees have to be executed on non-judicial Stamp paper / e-
stamp paper of appropriate value, as per Stamp Act .The Bank Guarantees
have to be in the name of the Bidding Company / Lead Member of Bidding Consortium.
In order to facilitate the Bidders to submit the Bank Guarantee as per the prescribed format and in line with the requirements, check-list at
has been attached. Bidders are advised to take note of the above checklist while submitting the Bank Guarantees. Bidders have to submit the above check list duly filled in along with Bank Guarantee.
Note: In case any extension is given to the Project, the corresponding
extension needs to be made in the validity of PBGs.
Bank Guarantees issued by foreign branch of a Bank is to be endorsed by the Indian Branch of the same bank or State Bank of India.
Appendix –A
3.24.1 Confirmation of BG towards EMD and PBG through Structured Financial
Messaging System (SFMS)/SWIFT
While issuing the physical BG, the Bidder’s Bank shall also send electronic
message to APGENCO’s Beneficiary Bank whose details are provided below
Bank Details: (i) Bank Name: State Bank of India
(ii) Branch: Specialised Mid corporate Branch,Vijayawada
iii) Bank Account No: 52077965022.
MICR Code of Bank/BRCode: 520002044
(v) IFSC Code: SBIN0016576.
The EMD shall be forfeited in following cases:
a) If the bidder / his representatives commit any fraud while competing for this
Contract
b) If the bidder withdraws or varies the bid during the validity of the bid;
c) In case, APGENCO offers to execute the CONTRACT with the Selected Bidder and if the Selected Bidder does not submit the requisite documents as per Clause 3.12.4.4 or does not execute the CONTRACT within the stipulated time period.
d) If the bidder refuses to withdraw, without any cost to APGENCO, any deviation, variation, additional condition or any other mention anywhere in the bid, contrary to the provisions of the Tender Document;
e) If the bidder fails to furnish required Performance Bank Guarantee in
accordance with ; and
(iv)
3.25 Forfeiture of EMD
Clause 3.24
3.26 Minimum Paid up Share Capital to be held by the Promoter
The Company developing the project shall provide the information about the
Promoters and their shareholding in the Company to APGENCO indicating the
controlling shareholding at the stage of submission of Tender to APGENCO.
Any change in the shareholding after the expiry of 1 (one) year from the COD
can be undertaken under intimation to APGENCO.
The expression “control” shall mean the ownership, directly or indirectly, of
more than 50% (fifty percent) of the voting shares of such Company or right to
appoint majority Directors.
The successful bidder shall attain the Financial closure / Project Financing Arrangements for the projects within 6 (six) months from the date of signing of award of CONTRACT.
The successful bidder would provide evidence that the requisite technical criteria have been fulfilled and orders placed / contracts entered into, for supply of plants and equipments for the project.
In case of delay in achieving above condition as may be applicable, APGENCO shall encash Performance Bank Guarantees and cancels the contract, unless the delay is on account of delays in allotment of land or by APGENCO or Force Majeure as per CONTRACT. An extension can however be considered, on the sole request of,and on payment of a penalty of Rs. 100,000/- per day .Such penalty shall be paid upfront while seeking extension by the bidder. This extension will not have any impact on the Scheduled Commissioning Date.
3.27 Financial Closure or Project Financing Arrangements:
The penalty paid by the bidder shall be returned to the bidder without any interest on achievement of successful commissioning up to the rated project capacity within the Scheduled Commissioning Date. However, if the entire capacity of the project is not commissioned within the Scheduled Commissioning Date, then penalty amount shall not be refunded.
3.28 Commissioning:
Part Commissioning:
Commissioning Schedule and Penalty for Delay in Commissioning:
the period mentioned in NIT
Part commissioning of the Project shall be accepted by APGENCO without prejudice to the imposition of penalty in terms of agreement, on the part which is not commissioned. The Scheduled Commissioning Date shall not get altered due to part- commissioning. Irrespective of dates of part commissioning or full commissioning, the obligation of APGENCO to purchase power, will remain in force for a period of 25 (twenty five) years from Scheduled Commissioning Date.
In cases of early part-commissioning, till Scheduled Commissioning Date, subject to the consent for such purchase by the Discom(s), APGENCO may purchase the generation at 50% (Fifty per cent) of the agreed tariff. However, in case the entire Project capacity is commissioned prior to SCD, APGENCO may purchase energy supplied till SCD at CONTRACT tariff, subject to consent of beneficiary Discom(s) for procurement of such power.
The Hybrid Project shall be commissioned within . In case of failure to achieve this milestone, the bidder shall pay the
liquidated damages in the following manner.
(a) Delay up to 100 Days beyond the Scheduled Commissioning Date -APGENCO will encash the Performance Bank Guarantee on per day basis and proportionate to the Capacity not commissioned, with 100% encashment for 100 days of delay.
(b) In case the commissioning of the Project is delayed beyond 100 days beyond the Scheduled Commissioning Date, the tariff shall be reduced at the rate of half paisa (0.50 paisa) per kWh per day of delay for the delay in such remaining capacity which is not commissioned. The period allowed with reduction of tariff is 50 days.
The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee and reduction in tariff shall be limited to twenty three (23) months from the Effective Date of the CONTRACT. In case, the commissioning of the Project is delayed beyond twenty three (23) months from the Effective Date of CONTRACT, it shall be considered as an Event of Default and provisions of related shall apply and the Contracted Capacity shall stand reduced/amended to the Project Capacity Commissioned within twenty five (25) months of the Effective Date and the balance Capacity will stand terminated and shall be reduced from the project capacity.
In the event of change in tariff due to delay in commissioning of Project, the Weighted Average Tariff for the Contracted Capacity shall be applied considering Capacity of Units commissioned before and after the Scheduled Commissioning Date .
Commercial Operation Date shall be the date on which the commissioning certificate is issued by the commissioning committee constituted by AP Discom(s) upon successful commissioning of the full capacity of the Project or 30 days after the last part capacity of the Project, as the case may be.
APGENCO requires that Bidders, to observe the highest standard of ethics during the development and operation of hybrid Power Project. In pursuance of this policy, APGENCO:
(a) defines, for the purposes of this provision, the terms set forth below as follows :
(i) "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the bidding process or in the development and operation of Power Project; and
(ii) "fraudulent practice" means a misrepresentation of facts in order to influence the bidding process or in the development and operation of Power Project to the detriment of APGENCO, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial
3.29 Commercial Operation Date (CoD)
3.30 Corrupt or Fraudulent Practices:
non competitive levels and to deprive APGENCO of the benefits of free and open competition;
(b) APGENCO will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the tender in question;
(c) APGENCO will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a Contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for or in executing the development and operation of Solar Power Project(s).
a. Except for when APGENCO has sought some clarification or additional information in writing from the bidder, no Bidder or his representative shall contact APGENCO on any matter relating to its bid, from the time of the opening of bids to the time the LOI is issued.
b. Any effort by a Bidder to influence APGENCO decision during the evaluation process before LOI is issued to successful bidder(s) may result in rejection of the Bidder’s bid.
If the party, who has downloaded the Tender document, intends to transfer the documents to the proposed consortium who intends to submit its proposal in place of the original recipient, it is permissible provided such party shall be one of the members of proposed consortium. In such event, the proposed consortium shall become the new recipient of the document and all terms and conditions of the document shall apply to the proposed consortium as if the documents were originally downloaded by them. Then lead member of that consortium can quote on behalf of consortium through the member of that consortium who has downloaded the Tender document, provided the person who is submitting the bid on APGENCO website has been given the authorization to submit the bid against the tender as
Parent, Affiliate or Ultimate Parent or any Group Company with which the bidding company/member of bidding consortium have direct or indirect relationship cannot bid separately in the same selection process in which the bidding company/member of bidding consortium is participating. In case it is found at any stage that this condition is violated, the response to Tender of all such parties will be rejected and if LOI has been issued or agreement has
3.31 Contacting APGENCO
3.32
per Format 6.4.
3.33
been signed, the same of all such agencies will be cancelled and the Bank Guarantees of all such agencies will be encashed by APGENCO.
Notwithstanding the provisions specified in clause 3.25, if a bidder after having been issued the Letter of Intent either does not sign the agreement pursuant to Clause 3.14 or does not submit acceptable Performance Bank Guarantees pursuant to Clause 3.24 then such bidder shall be treated ineligible for participation in re-tendering of this particular selection process.
3.34 Ineligibility for Participation in Retenders
ATTACHMENT – A
Pre feasibility report of NIWE
ANNEXURE – B
Wind data sets provided by NIWE (Soft copy provided )
ATTACHMENT – C
Layout Plan of Ramagiri Solar wind Hybrid power plant
I. Existing wind turbine co ordinates for Ramagiri Wind Farm, Anantapur
II. Boundry co ordinates for Ramagiri Wind Farm, Anantapur
Site A :
Total Available Land in Site A : 10.27 Acs.
Site B :
Total Available Land in Site B : 11.34 Acs.
.
.
1 14° 18’32.78” N, 77° 30’43.01” E2 14° 18’32.21” N, 77° 30’44.97” E3 14° 18’23.39” N, 77° 30’41.39” E4 14° 18’24.57” N, 77° 30’46.27” E
1 14° 18’17.05” N, 77° 30’38.02” E2 14° 18’18.07” N, 77° 30’47.40” E3 14° 17’58.14” N, 77° 30’40.74” E4 14° 17’58.79” N, 77° 30’47.51” E
Turbine No. Co. Ordinates1 14.299717N, 77.511721E2 14.301107N, 77.511614E3 14.302484N, 77.511524E4 14.304349N, 77.512822E5 14.302983N, 77.512684E6 14.301773N, 77.512433E7 14.300727N, 77.512593E8 14.306825N, 77.512492E9 14.307666N, 77.511947E
10 14.308698N, 77.512194E
SECTION 5
TERMS and CONDITIONS
applicable for Sale of energy to APGENCO
1.
2. PURCHASE OF DELIVERED ENERGY AND TARIFF
Explanation
The contractor shall note the following general terms and conditions applicable during the
contract period of 25 years for Sale of energy, payments, disputes and resolutions etc.,
2.1 All the Delivered Energy, at Interconnection Point for sale to APGENCO will be purchased at
the agreed rate, after the Date of Commercial Operation of the Project and title to Delivered
Energy purchased shall pass from the bidder contractor to the APGENCO at the
Interconnection Point.
2.2 APGENCO shall pay Fixed agreed tariff to the contractor for the delivered Energy
supplied for a period of 25 years from the date of COD up to 22% CUF.
2.3 The rate payable by the APGENCOs will be exclusive of all Taxes, duties and
levies on sale of electricity and payable extra at actual by APGENCO.
2.4I. For Delivered Energy corresponding to more than 25% CUF, the
applicable Tariff shall be 50% of the agreed rate. The CUF shall be
computed on Tariff Year basis.
J. For any tariff year, the minimum CUF should be greater than or equal to
14%. The contractor is liable to pay compensation to APGENCO if the CUF
is less than 14%. The amount of compensation shall be 50 % of the agreed
rate calculated for the shortfall in energy delivered below the minimum CUF
limit of 14 %. The same will be recovered from the bills payable to the
CONTRACTOR.
: If the CUF corresponding to the energy generation in any
Tariff Year is 12%, then the generator shall pay the compensation for the
energy shortfall corresponding to 2% CUF (CUF 14% minus CUF 12%).
2.5 The Contractor is entitled to draw the power from grid from Discom/Transco for
its auxiliary consumption,. The energy supplied by the DISCOM the Contractor ,
to maintain the Auxiliaries of the power plant in situations of non-generation of
power, in any billing month shall be adjusted from the Delivered Energy, as
indicated below:
Net Energy = Delivered Energy by the project at Interconnection Point -
Energy drawl from DISCOM for auxiliaries.
However, in case Net Energy in the above calculation is negative, i.e. there is
NO Delivered Energy by the CONTRACTOR at the Interconnection Point,
then the Energy Drawl from the DISCOM shall be billed at the applicable
tariff of HT-1 category consumers.
3. INTERCONNECTION FACILITIES, SYNCHRONIZATION, COMM ISSIONINGAND COMMERCIAL OPERATIONS
Acceptance/Performance Test
Verification by APGENCO/DISCOM
Explanation: The project during the plant shut down/non-generation periods shall draw the
energy from DISCOM only for the essential loads not exceeding auxiliary consumption.
3.1 The Contractor shall be responsible to operate the Project as envisaged under this Agreement &
to provide appropriate facility/ instrumentation/metering arrangement as per Clause 4.1.
3.2 The Contractor shall deploy components/equipment for the project complying with
approved/minimum technical standards as per International Electro technical Commission
(“IEC”) & Bureau of Indian Standards (“BIS”) or technical standards that are as specified
by Ministry of New and Renewable Energy (“MNRE”) and NIWE as amended from time
to time at the cost of the Contractor.
3.3
Prior to synchronization of the Project as per Clause 3.10, the Contractor shall be required
to get the Project certified for the requisite Acceptance/Performance test as may be laid
down by CEA/ APERC/APGENCO or an agency identified by APGENCO/DISCOM .
3.4.1 The Contractor shall be further required to provide entry to the site of the project free of all
encumbrances at all times during the Term of the Agreement to APGENCO for inspection
and verification of the works being carried out by the Contractor at the site of the Project.
3.4
3.4.2 The APGENCO may verify the construction works/operation of the Project being carried
out by the Contractor and if it is found that the construction works/operation of the Project
is not as per the Prudent Utility Practices, it may seek clarifications from Contractor or
require the works to be stopped or to comply with the instructions of such third party.
3.5
3.5.1 The Contractor shall give a written notice to APGENCO and to SLDC and DISCOM, at least
(30) days in advance to the date on which it intends to synchronize the Project to the grid
system after ensuring that it meets all the connection conditions prescribed in applicable
Grid Code and meets all other Indian legal requirements.
3.5.2 The synchronization equipment shall be installed by the Contractor at its generation facility
of the Project at its own cost. The Contractor shall synchronize its system with the Grid
System only after the approval of synchronization scheme is granted by the head of the
concerned sub-station/grid system and checking/verification is made by the concerned
authorities of the grid system.
3.5.3 The Contractor shall immediately after synchronization/ tripping of generator, inform the
sub-station of the grid system to which the Project is electrically connected in accordance
with applicable Grid Code.
3.5.4 The Contractor shall commission the Project within timelines defined for Scheduled COD as
per this Agreement, and any delay of the same is subject to the Agreement.
3.5.6
Part Commissioning of the project shall be carried out in minimum 50 % of the project
capacity subject to condition that such capacity shall be in multiples of 5 MW only. Any
Energy produced and flowing into the grid before CoD, the rate for such power shall be
payable @ 50% of the agreed rate.
Synchronization, Commissioning and Commercial Operation
Part commissioning
4. M ETERING AND PROTECTION
.
4.1 The Contractor shall install main meter and check meter of static type 0.2s class accuracy of
ABT Meters at the Interconnection Point. Also, the main meter, check meter will each
consist of a pair of export and import parameters with facility for recording meter readings
using meter recording instrument. For the purpose of uniformity, the Contractor shall
follow metering specifications as developed by the DISCOM from time to time and as per
Metering Code. The Contractor shall be responsible to enable remote monitoring of
generation (providing of AMR modules to the billing meters by Contractor).
4.2 All of the meters required to be installed pursuant to Clause 4.1 above, shall be jointly
inspected and sealed on behalf of both parties and shall not be interfered with, tested or
checked except in the presence of representatives of both parties and as per Metering Code
4.3 The meter readings from the main meters will form the basis of billing. If any of the meters
required to be installed pursuant to Clause 4.1 above are found to be registering inaccuracy
the affected meter will be immediately be replaced.
4.4 Where the half yearly meter check indicates an error in one of the main meter/meters
beyond the limits for such meter but no such error is indicated in the corresponding check
meter/meters, billing for the month will be done on the basis of the reading on the check
meter/meters and the main meter will be replaced immediately. If both the main and check
meters indicate an error beyond the limits, billing for the month will be reconciled on the
basis of the reading on the standby meter/meters, and the main and check meters will be
replaced immediately.
4.5 If during the half yearly test checks, all the main meters and the corresponding check meters
are found to be beyond permissible limits of error, all the meters shall be immediately replaced
and the correction applied to the consumption registered by the main meter to arrive at the
correct Delivered Energy for billing purposes for the period of one month up to the time of
such test check, computation of Delivered Energy for the period thereafter till the next
monthly meter reading shall be as per the replaced main meter.
4.6 Corrections in Delivered Energy billing, whenever necessary, shall be applicable to the
period between the previous monthly meter reading and the date and time of the test
calibration in the current month when the error is observed and this correction shall be for
the full value of the absolute error. For the purpose of determining the correction to be
applied to any meter registering inaccurately, the meter shall be tested under conditions
simulating 100, 50, 20 and 10 percent load at unity power factor and 0.5 power factor. Of
these eight values, the error at the load and power factor nearest the average monthly load
served at the Interconnection Point during the applicable period shall be taken as the error
to be applied for correction.
4.7 If all the main, check and standby meters fail to record or if all/any of the PT fuses are
blown out, then the energy will be computed on a mutually agreeable basis for that period
of defect.
4.8 The main and check meters shall be tested and calibrated once in a Financial Year
utilizing a standard meter of 0.02 class accuracy testing meter (“Standard Meter”). The
Standard Meter shall be calibrated once in every year at the approved Laboratory by
Government of India / Government of Andhra Pradesh as per Terms and Conditions of
supply. The testing of meters shall be carried out as per APERC/DISCOM/TRANSCO
rules and regulations.
4.9 All main and check meter tests shall be jointly conducted by the authorized representatives
of both the parties and the results and correction so arrived at mutually will be applicable
and binding on both the parties.
4.10 On the Meter Reading Date of each month, meter readings shall be taken (and an
acknowledgement thereof signed) by the authorized representatives of both parties.
4.11 The Project shall be operated and maintained in accordance with good and generally
accepted prudent utility standards with respect to synchronizing, Voltage, frequency and
reactive power control.
4.12 Voltage regulation shall be such as to enable continued paralleling and synchronization
with the network voltage at the point of interconnection.
4.13 The equipment of the Contractor shall be designed for fluctuations in the frequency within
limits of -5% and +3% of the standard frequency of 50 cycles per second.
4.14 The Contractor shall ensure that the power factor of the power delivered to the DISCOM is
maintained as per the APERC/CEA norms from time to time.
4.15 Any change in rupturing capacity of switch-gear, settings of the relays, etc., shall be
subject to approval of the APGENCO/DISCOM.
4.16 As the Project may carry fault currents that may occur on the grid, the Contractor shall
provide adequate switchgear protection against such faults. The APGENCO is not
responsible for damage, if any, caused to the project and allied equipment during parallel
operation of the plant with the grid.
4.17 The Contractor shall make bonafide effort to operate the Project in such a manner so as to
avoid fluctuations and disturbances to the DISCOM network due to parallel operation with
the network.
4.18 The Contractor shall control and operate the Project as per Prudent Utility Practices. The
APGENCO/DISCOM shall only be entitled to request the Contractor to reduce electric
power and energy deliveries from the Project during a System Emergency, and then only
to the extent that in the APGENCO/DISCOM’s reasonable judgment such a reduction will
alleviate the emergency. The APGENCO/DISCOM shall give the Contractor as much
advance notice of such a reduction as is practicable under the circumstances and shall use
all reasonable efforts to remedy the circumstance causing the reduction as soon as
possible. Any reduction required of the Contractor hereunder shall be implemented in a
manner consistent with safe operating procedures.
4.19 SLDC may instruct the plant to back down generation on consideration of grid safety and
security or safety of any equipment or personnel is endangered and plant shall comply
with the same. For this, the Contractor shall provide Data Acquisition System (“DAS”)
facility compatible to SLDC Supervisory Control and Data Acquisition (“SCADA”)
system in consultation with SLDC for transfer of online information to concerned SLDC
as per the clause No. 5.2.U of APERC Grid Code and IEGC 2010 & APERC Grid Code.
(i) SLDC may direct the plant to curtail its VAR
II. injection incase the security of grid or safety of any equipment or
personnel is endangered.
ii) During the Project start-up, the Contractor shall ensure that the reactive power
drawl (inrush currents in case of induction plants) shall not affect grid
performance
4.20 The Contractor shall ensure the connectivity standards applicable to the generating
stations as per the Central Electricity Authority (CEA) Regulations and its amendments
thereto are adhered to.
4.21 The Contractor will install necessary current limiting devices such as thyristors etc, if
required. The Contractor shall provide protection system in compliance to grid code
requirement for short circuit level, neutral grounding, current unbalance, limiting of
harmonics, fault- clearing time etc. A generating unit may be synchronized to the state
grid system, when the Contractor has obtained permission for synchronization after
meeting system requirements and such generating unit complies with Prudent Utility
Practices.
4.22 Harmonics: The plant shall ensure that the harmonics injected into the grid shall conform
to the grid specifications as specified by APERC/CERC from time to time.
5. BILLING AND PAYM ENT
Letter of Credit:
Billing disputes:
5.1 For the Delivered Energy at termination point, Contractor shall furnish a bill to
APGENCO, in such form as may be mutually agreed between the APGENCO and the
Contractor, for the billing month on or before the 5th
working day following the Meter
Reading Date.
5.2 The billing month shall mean the period commencing from last day @12.00 Hrs of the
calendar month and ending last day @12.00 Hrs of the next calendar month. The meter
reading date, time shall be 12.00 Hrs of the last day of the month.
5.3 APGENCO shall pay the bill on monthly basis within 30 days of receipt of the bill.
5.4 Not later than 30 days prior to the Scheduled COD of the Generating
Unit, APGENCO shall cause to put in place an irrevocable revolving Letter of Credit
issued in favour of Contractor by a Scheduled Bank (the “Letter of Credit”) for one
month’s billing value.
(i) However Letter of Credit shall not be invoked for any disputed bill amount.
(ii) Further LC can be invoked only when APGENCO fails to pay bill amount by
due date of bill payment.
5.5 The APGENCO shall pay the bills of Contractor promptly subject to the
Clauses 5.1 and 5.2 and 5.3
The APGENCO shall notify Contractor in respect of any disallowed amount on account of
any dispute as to all or any portion of the bill. Contractor shall immediately take up issue
with all relevant information, if not found satisfactory within reasonable time with reasons
there-for. The dispute may also be decided by mutual agreement. If the resolution of any
dispute requires APGENCO to reimburse Contractor, the amount to be reimbursed shall
bear interest at prevailing SBI bank rate and in case this rate is reduced, such reduced rate
is applicable from the date of reduction from the date of disallowance to the date of
reimbursement.
5.6 All payments matters related to bills, payments etc., shall be made by the Contractor to
the following address in writing from time to time.
Address: FA&CCA (Res&Accounts),APGENCO , 5th Floor, Vidyuth Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004Telephone: 0866-2526713
Fax: 0866-2526797
Mail ID [email protected]
5.7 Further in the event, at any time, APGENCO find that amount is due from Contractor
either under this agreement or under any other transaction, the APGENCO is entitled to
recover the said due amount by adjusting from the bill amount payable to the Contractor.
6.1 The Contractor shall be responsible:
(i) for proper maintenance of the Project in accordance with established Prudent
Utility Practices.
(ii) for operation, maintenance, overhaul of the plant, equipment, works, switch yard
and transmission lines and equipment up to the Interconnection Point of the
Project in coordination with the APGENCO/DISCOM officials.
(iii) to furnish the generation and maintenance schedules every year, during peak and
non-peak season.
6. UNDERTAKING
(iv) To comply with the forecasting and scheduling regulations by furnishing the relavent
information to APSLDC and all other concerned agencies and to bear all expenses on
their account
(v) for making all payments on account of any taxes, cess, duties or levies imposed by
any government or competent statutory authority, equipment, material or works of the
Project or on the energy generated or consumed by the Project or the Contractor or on
the income or assets of the Contractor.
(vi) for obtaining necessary approvals, permits or licenses for operation of the Project
and sale of energy toAPGENCO there from under the provision of the relevant
laws.
(vii) to comply with the provisions of the Grid Code. Notwithstanding any provision in
this Agreement, the Contractor shall comply with the state Grid Code, dispatch
practices, performance standard, protection & safety as required as per the rules &
regulations in force as applicable from time to time in the State of AP.
(viii) for achieving Financial Closure within 180 days from the date of signing of LOI.
(ix) for achieving Commercial Operation Date within the timelines stipulated for
Scheduled COD.
(x) for seeking approval of APGENCO and DISCOM in respect of Interconnection
Facilities with grid substation and synchronization of the Project with grid.
(xi) to install new machinery/equipment in the plant.
= The Contractor shall not dismantle and take away Project machinery and
Interconnection Facilities during the Term of the Agreement.
= Any other obligation related to ownership imposed on the
CONTRACTOR as per the provisions of the tender document.
=
The CONTRACTOR agrees and undertakes to duly perform and complete all of
the following activities at the CONTRACTOR’s own cost and risk within 180
days from the date of signing of this Agreement, unless such completion is affected
by any Force Majeure event, or if any of the activities is specifically waived in
writing by APGENCO.
(ii) For obtaining all Consents, Clearances and Permits required for supply of
power to APGENCO as per the terms of this Agreement;
(jj) For making project financing agreements and completing financial
closure and shall provide necessary documents to APGENCO in this
regard;
(kk) For making adequate arrangements to connect the Power Project
switchyard with the Interconnection Facilities at the Delivery Point;
6.2 The APGENCO agrees:
a. To handover the land to the contractors immediately after issuing of LOI
for carrying out investigation works,surveying, construction activities etc.,
APGENCO will enter into formal lease agreement for carrying out project
construction works by the contractor.
b. To make all reasonable efforts for making arrangements for evacuation of power
from the Project to be completed prior to COD of the Project subject to Article 3.
c. For purchase of Delivered Energy from the Project as per Article 2.
d. To co-ordinate with APGENCO/DISCOM and guide the Contractor in obtaining
approval for the interconnection facilities where the interconnection is at 33 kV or
Satisfaction of conditions subsequent by the CONTRACTOR
above voltages, for synchronization, commercial operation, regular operation etc.,
as required by the Contractor.
e. Contractor shall take insurance for the project assets against losses natural calamities, fire, riot and strike for replacement value.
6.3
(i) The Performance Bank Guarantee of INR 25 lakh/MW to be furnished under this
Agreement for guaranteeing the commencement of the supply of power within the
time specified. The Performance Bank Guarantee of INR 25 lakh/MW shall be
submitted in t h r e e ( 3) Nos. of Bank Guarantee in the ratio of 20%, 40% & 40%
value. Performance Bank Guarantee will have a validity period of six months from the
Scheduled COD .
(ii) The failure on the part of the CONTRACTOR to furnish the Performance Bank
Guarantee or to maintain the Performance Bank Guarantee till the validity period
of the Performance Bank Guarantee shall be a material breach of the terms of this
Agreement on the part of the CONTRACTOR.
(iii) If the CONTRACTOR fails to commence supply of power from the Scheduled
Commissioning Date specified in this Agreement, subject to conditions mentioned
in 9.2, APGENCO shall have the right to encash the Performance Bank Guarantee
without prejudice to the other rights of APGENCO under this Agreement.
(iv) Subject to Article 6.5, APGENCO shall return / release the Performance Bank
Guarantee three (3) months after the Commercial Operation Date.
(v) The return / release of the Performance Bank Guarantee shall be without prejudice
to other rights of APGENCO under this Agreement.
Performance Bank Guarantee
6.4 Consequences of non-fulfillment of conditions subsequent specified in Clause 6.1
i. In case of a failure to submit the documents as above, APGENCO shall have the
right to terminate this Agreement by giving a Termination Notice to the
CONTRACTOR in writing of at least seven (7) days. The termination of the
Agreement shall take effect upon the expiry of the 7th day of the Notice.
ii. APGENCO shall be entitled to encash all the Performance Bank Guarantees
submitted by the CONTRACTOR.
iii. For the avoidance of doubt, it is clarified that this Article shall survive the
termination of this Agreement.
iii. In case of inability of the CONTRACTOR to fulfill any one or more of the
conditions specified in clause 6.1 due to any Force Majeure event, the time period
for fulfilment of the conditions subsequent as mentioned in clause 6.1, shall be
extended for the period of such Force Majeure event.
iv. Provided that due to the provisions of this Article 6.5, any increase in the time
period for completion of conditions subsequent mentioned under Article 6.1 (xv),
shall also lead to an equal extension in the Scheduled Commissioning Date.
6.5 The contractor shall not encumber, assign or mortgage project assets except
for getting finance for execution of the project.
However the contractor can transfer, sell, assign or mortgage the project assets in line with
the provisions of 10.1.1 (i) (b).
7. DURATION OF AGREEM ENT
8 NOTICES
9 FORCE MAJEURE
This Agreement shall be effective upon its execution and delivery thereof between parties hereto
and shall continue in force from the Commercial Operation Date (COD) and until the 25th
anniversary that is for a period of twenty five years from the Commercial Operation Date (COD).
This Agreement may be renewed for such further period of time, with or without modification and
on such terms and conditions as may be mutually agreed upon by the parties, 90 days prior to the
expiry of the said period..After expiry of agreement period, the project shall belong to APGENCO
and hence the contractors shall transfer the ownership to APGENCO and hand over the project on
as is where is basis.
8.1 Except as otherwise expressly provided in this Agreement, all notices or other
communications which are required or permitted hereunder shall be in writing and sufficient
if delivered personally or sent by registered post or faxed or emailed:
8.2 All notices or communications given by fax or email shall be confirmed by depositing a
copy of the same in the post office in an envelope properly addressed to the appropriate
party for delivery by registered post. All notices shall be deemed delivered upon receipt,
including notices given by fax or mail regardless of the date of the confirmation of such
notice is received.
8.3 Any party, may by written notice, change the address and/or addresses to which such notices
and communications to it are to be delivered or mailed.
9.1 Definition of Force Majeure:
(a) “Force Majeure” shall mean any event or circumstance or combination of events or
circumstances that materially and adversely affects the performance by either party
(the “Affected Party”) of its obligations pursuant to the terms of this Agreement
(including by preventing, hindering or delaying such performance), but only if and
to the extent that such events and circumstances are not within the Affected Party’s
reasonable control and were not reasonably foreseeable and the effects of which
the Affected Party could not have prevented by Prudent Utility Practices or, in the
case of construction activities, by the exercise of reasonable skill and care.
(b) Force Majeure circumstances and events shall include the following events to the
extent, that they or their consequences satisfy the above requirements.
(i). Non Political Events such as acts of GOD including but not limited to any
storm, flood, Drought, Lightning, Earthquake or other natural calamities, fire,
accident, explosion, strikes, labour difficulties, epidemic, plague or quarantine,
air crash, shipwreck, train wrecks or failure (“Non Political Events”).
(ii). Indirect Political Events such as acts of war sabotage, terrorism or act of public
enemy, blockades, embargoes, civil disturbance, revolution or radioactive
contamination (“Indirect Political Events”).
(iii). Direct Political Events such as any Government Agencies’ or the DISCOM’s
unlawful or discriminatory delay, modification, denial or refusal to grant or
renew, or any revocation of any required permit (“Direct Political Events”).
9.2 In the event of a delay in COD due to:
(a) Force Majeure Events affecting the Contractor; or
(b) APGENCO Event of Default as defined in 10.2,
the COD shall be deferred, for a reasonable period but not less than ‘day-for-day’ basis
subject to a maximum period of six (6) months from the Scheduled COD as per this
agreement, to permit the Contractor or DISCOM through the use of due diligence, to
overcome the effects of the Force Majeure events affecting the Contractor or DISCOM, or
till such time such event of default is rectified by Contractor or DISCOM, whichever is
earlier.
The occurrence and continuation of any of the following events, unless any such
event occurs as a result of a Force Majeure event of its obligations under this
Agreement, shall constitute a Contractor Event of Default (“Contractor Event of
Default”):
i) if
a. the Contractor assigns, mortgages or charges or purports to assign, mortgage or
charge any of its assets or rights related to the Project in contravention of the
provisions of this Agreement; or
b. the Contractor transfers or novates any of its rights and/ or obligations under this
Agreement, in a manner contrary to the provisions of this Agreement; except where
such transfer
is in pursuance of a law; and does not affect the ability of the transferee to
perform, and such transferee has the financial capability to perform, its
obligations under this Agreement or
is to a transferee who assumes such obligations under this Agreement and
the Agreement remains effective with respect to the transferee;
ii) if
10. EVENTS OF DEFAULT AND TERMINATION
10.1Contractor Event of Default:
10.1.1
ι.
ιι.
a. the Contractor becomes voluntarily or involuntarily the subject of any bankruptcy
or insolvency or winding up proceedings and such proceedings remain uncontested
for a period of thirty (30) days, or
b. any winding up or bankruptcy or insolvency order is passed against the Contractor,
or
c. the Contractor goes into liquidation or dissolution or has a receiver or any similar
officer appointed over all or substantially all of its assets or official liquidator is
appointed to manage its affairs, pursuant to law,
d. Provided that a dissolution or liquidation of the Contractor will not be a Contractor
Event of Default if such dissolution or liquidation is for the purpose of a merger,
consolidation or reorganization andwhere the resulting company retains
creditworthiness similar to the Contractor and expressly assumes all obligations of
the Contractor under this Agreement and is in a position to perform them; or
iii) the Contractor repudiates this Agreement and does not rectify such breach within a
period of thirty (30) days from a notice from DISCOM in this regard; or
iv) except where due to any APGENCOs failure to comply with its material obligations,
the Contractor is in breach of any of its material obligations pursuant to this Agreement,
and such material breach is not rectified by the Contractor within thirty (30) days of
receipt of first notice in this regard given by APGENCO or
v) the Contractor delays the commissioning of the Project by more than six months from
the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or
vi) Occurrence of any other event which is specified in this Agreement to be a material
breach/default of the Contractor.
The occurrence and the continuation of any of the following events,
unless any such event occurs as a result of a Force Majeure event of its obligations under
this Agreement, shall constitute the Event of Default on the part of defaulting
APGENCO(“ÁPGENCO Event of Default”):
10.2 APGENCO Event of Default
10.2.1
i) APGENCO fails to pay (with respect to payments due to the contracts according
to clause 5) for a period of ninety (90) days after Due Date of Payment and the
Contractor is unable to recover the amount outstanding to the Contractor
through the Letter of Credit, or
ii) APGENCO repudiates this Agreement and does not rectify such breach even
within a period of thirty (30) days from a notice from the contractor in this
regard; or
iii) Except where due to any Contractor’s failure to comply with its obligations ,
APGENCO is in material breach of any of its obligations pursuant to this
Agreement, and such material breach is not rectified by APGENCO within
thirty (30) days of receipt of notice in this regard from the Contractor ; or
iv)
APGENCO becomes voluntarily or involuntarily the subject of any
bankruptcy or insolvency or winding up proceedings and such proceedings
remain uncontested for a period of thirty (30) days, or any winding up or
bankruptcy or insolvency order is passed against APGENCO, or
APGENCO goes into liquidation or dissolution or a receiver or any similar
officer is appointed over all or substantially all of its assets or official
liquidator is appointed to manage its affairs, pursuant to law
Provided that it shall not constitute a APGENCO Event of Default, where
such dissolution or liquidation of APGENCO or APGENCO is for the
purpose of a merger, consolidation or reorganization and where the resulting
entity has the financial standing to perform its obligations under this
Agreement and has creditworthiness similar to APGENCO and expressly
assumes all obligations of APGENCO and is in a position to perform them;
or
(v) If APGENCO is subject to any of the above defaults and APGENCO does
not designate another company for purchase of Power; or
•
•
(vi) Occurrence of any other event which is specified in this Agreement to be a
material breach or default of APGENCO.
Upon the occurrence and continuation of any Contractor Event of Default under
Clause 10.1, APGENCO shall have the right to deliver to the Contractor, with a
copy to the representative of the lenders to the Contractor with whom the
Contractor has executed the Financing Agreements, a notice stating its intention to
terminate this Agreement (“APGENCO Preliminary Default Notice”), which shall
specify in reasonable detail, the circumstances giving rise to the issue of such
notice.
Following the issue of a APGENCO Preliminary Default Notice, the Conciliation
Period of sixty (60) days or such longer period as the parties may agree, shall
apply and it shall be the responsibility of the parties to discuss as to what steps
shall be taken with a view to mitigate the consequences having regard to all the circumstances.
During the Conciliation Period, the parties shall continue to perform their respective
Obligations under this Agreement.
After a period of seven (7) days following the expiry of the Conciliation Period unless
the parties shall have otherwise agreed to the contrary or the Contractor
Event of Default giving rise to the Conciliation Period shall have ceased to exist or
shall have been remedied, APGENCO may terminate this Agreement by giving a written Termination Notice of thirty (30) days to the Contractor.
10.3 Procedure for cases of Contractor Event of Default
10.3.1
10.3.2
10.3.3
10.3.4
10.3.5
10.3.6
10.4 Procedure for cases of APGENCO Event of Default
10.4.1
10.4.2
Subject to the terms of this Agreement, upon occurrence of a Contractor
Event of Default under this Agreement, the lenders may exercise their rights, if any,
under Financing Agreements, to seek substitution of the Contractor by a
selectee for the residual period of the Agreement, for the purpose of securing the
payments of the total debt amount from the Contractor and performing
the obligations of the Contractor.
Provided that any substitution under this Agreement can only be made with the
condition that the selectee meets the eligibility requirements of tender issued by APGENCO.
The lenders may seek to exercise right of substitution under Clause
10.3.5 by an amendment or novation of the Agreement in favour of the selectee. The
Contractor shall cooperate with the lenders to carry out such substitution
and shall have the duty and obligation to continue to operate the Project in accordance
with this Agreement till such time as the substitution is finalized.
Upon the occurrence and continuation of Event of Default by APGENCO specified in
Clause 10.2 the Contractor shall have the right to deliver to APGENCO, a
Contractor Preliminary Default Notice, which notice shall specify in reasonable
detail the circumstances giving rise to its issue.
Following the issue of a contractor’s Preliminary Default Notice, the
Conciliation Period of sixty (60) days or such longer period as the parties may agree,
shall apply and it shall be the responsibility of the parties to discuss as to what steps
shall be taken with a view to mitigate the consequences of the Default having regard to all the circumstances .
10.4.3
10.4.4
10.5 Penalties in case of Delayed Commissioning
During the Conciliation Period, the parties shall continue to perform their respective
obligations under this Agreement.
After a period of seven (7) days following the expiry of the Conciliation Period and
unless the parties otherwise agreed to the contrary or APGENCO Event of Default
giving rise to the Conciliation Period shall have ceased to exist or shall have been
remedied, the Contractor shall be free to sell the Contracted Capacity
to any third party of the Contractor’s choice. Provided further that at
the end of three (3) months period from the period mentioned in this Clause 10.4.4,
this Agreement may be terminated by the Contractor.
The Project has to be commissioned w ithin the scheduled period.. In case of failing to
achieve this milestone, APGENCO shall encash the Performance Bank Guarantee, in the
following manner:
Contracted Capacity commissioned but with delay:
(a) Delay upto one (1) month –APGENCO will encash 20% of Performance Bank
Guarantee (INR 5 lakh/MW) on per day basis proportionate to the Capacity not
commissioned.
(b) Delay of more than one (1) month and upto two months – APGENCO will encash 40%
of the Performance Bank Guarantee (INR 10 lakh/MW) on per day basis proportionate
to the Capacity not commissioned.
(c) Delay of more than two and upto three months – APGENCO will encash the remaining
40% of the Performance Bank Guarantee on per day basis proportionate to the
Capacity not commissioned.
(d) In case the commissioning of Power Project is delayed beyond three (3) months from
the Scheduled Commissioning Date, the CONTRACTOR shall pay to APGENCO, the
Liquidated Damages at rate of Rs 1,00,000/- per MW per day of delay for the delay in
such remaining Capacity which is not commissioned. The amount of liquidated
damages would be recovered from the CONTRACTOR from the payments due on
account of sale of power to APGENCO.
e) The maximum time period allowed for commissioning of the full Project Capacity
with encashment of Performance Bank Guarantee and payment of Liquidated Damages
shall be limited to six (6) months from the Scheduled COD as per this Agreement. In
case, the commissioning of the Power Project is delayed beyond six (6) months from
the Scheduled COD as per this Agreement, it shall be considered as an
CONTRACTOR Event of Default and provisions of Article 10 shall apply and the
Contracted Capacity shall stand reduced/amended to the Project Capacity
Commissioned within six (6) months from the Scheduled COD as per this Agreement
and for the balance Capacity will stand terminated.
f) For all other cases of Contractor Event of Default, procedure as provided in Clause 10.3
shall be applicable.
Section 6
FORMATS FOR BID SUBMISSION
&
ATTACHMENTS
6.0 List of Formats and Annexures
i. Covering Letter (Format 6.1)
ii. Power of Attorney in favour of Lead Member (Format 6.2)
iii. Checklist for Bank Guarantee (Appendix – A);
iv. Board Resolutions (Format 6.3)
v. Consortium Contract (Format 6.4)
vi. Financial Requirement (Format 6.5)vii. Undertaking from the bidder (Format 6.5 A)
viii. Technical Criteria (Format 6.6)
ix. Disclosure statement (Format 6.7)
x. Declaration by the Bidding Company / Lead Member of Bidding Consortium for the Proposed Technology Tie Up (Format 6.8);
xi. Deviations from the specification (Format 6.9)
xii. Certificate for compliance (Format 6.10)
xiii. Financial Bid (Format 6.11)(To be enclosed in the Part-I pre-qualification/Tech bid)
xiv. Earnest Money Deposit (EMD) (Format 6.12 )
Format 6.1 – Format of Covering Letter
To
APGENCO Limited
Sub:
Ref: Tender No.e- 51 /HPC&HP/APGENCO/2019
Dear Sir,
e- 51/HPC&HP
(The covering letter should be on the Letter Head of the Bidding Company/ Lead Member of
the Bidding Consortium)
Date: _____________________
From :____________________
Tel.#:
Fax#:
E-mail address:
[]
1.
Insert Name and Address of Bidding Company/ LeadMember of the Bidding Consortium
The Chief Engineer (HPC&HP),
4th Floor,,Vidyuth Soudha, Gunadala,Vijayawada-520004
Tariff based bidding for supply of electricity for 25 years Setting up of 10 MW grid connected hybrid Solar wind power project at Ramagiri, Anantapuramu district, Andhra Pradesh,
We, the undersigned ……. having read, examined and
Under stood in detail the Tender including Qualification Requirements in particular and CONTRACT for supply of power for 25 years to APGENCO by setting up hybrid wind solar plant in APGENCO’s land, at specified location. hereby submit our response to Tender. We confirm that neither we nor any of our Parent Company/ Affiliate/ Group Company has submitted response to Tender other than this response to Tender, directly or indirectly, in response to the aforesaid Tender. We confirm/State affirmatively the following:
We give our unconditional acceptance to the Tender, No. and terms of agreement attached thereto, issued by APGENCO. In token of our acceptance, the entire bid documents, the same have been digitally signed by us and submitted with the response to Tender.
[insert name of the ‘Bidder’]
Further, we confirm that the Project shall be commissioned within the schedule stipulated in the Tender i.e. wit 8 months of the date of award of the contract
2. The details of BGs submitted towards EMD are asfollows:
1
3. We have submitted our response to Tender strictly as per of this Tender, without any deviations, conditions and without mentioning any assumptions or notes in the exceptthe deviations mentioned in the Format No.6.10. We hereby withdraw any deviation, conditions whether mentioned explicitly or not in our response to this Tender without any cost to APGENCO.
We hereby unconditionally and irrevocably agree and accept that the decision made by the APGENCO in respect of any matter regarding or arising out of the Tender shall be binding on us. We hereby expressly waive any and all claims in respect of this process.
We confirm that we have studied the provisions of the relevant Indian laws and regulations as required to enable us to submit this response to Tender and execute the CONTRACT for development of Grid Connected hybrid Project in the event of our selection as Successful Bidder.
6. We are enclosing herewith our response to the Tender with formats duly digitally signed as desired by you in the Tender for your consideration.
7. It is confirmed that our response to the Tender is consistent with all the requirements of submission as stated in the Tender and subsequent communications from the APGENCO.
8. The information submitted in our response to the Tender is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our response to the Tender.We confirm that all the terms and conditions of our Bid are valid for a period of upto and including one hundred and eighty (180) days from the last date of submission of response to Tender unless extended by us on your request and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.
Earnest Money Deposit (EMD) : -
Sl. EMD BG Details (No. and Date) Amount of BG
Banker Name & Branch
No. (Rs.)
4. Acceptance
5. Familiarity with Relevant Indian Laws & Regulations
9. We hereby understand and confirm that APGENCO reserves its right to verify the documents furnished by us at the time of submission of Tender including availability of the Net Worth to the extent claimed in the Tender with the original documents and bank statements and the shareholding of the Project Company along with a copy of complete documentary evidence supported with originals at any stage from evaluation upto the expiry of CONTRACT.
We understand and confirm that if the aforesaid documents furnished by us are found to be misleading or misrepresenting in any way, APGENCO shall be free to take appropriate action including forfeiture of EMD and blacklisting us for an appropriate period decided by APGENCO.
10. We, hereby, declare that only the persons or firms interested in this bid as named here and that no other persons or firms other than those mentioned herein have any interest in this bid or in the CONTRACT to be entered into. We confirm that this bid is made without any connection with any other person, firm or party likewise submitting a bid. We further confirm that this bid is submitted in good faith and without collusion or fraud.
11. Contact Person
Details of the contact person are furnished as under:
Name:…………………………………….Designation:………………………………………..Company :…………………………………….Address :…………………………………….Phone Nos.:……………………………………….Fax Nos. :………………………………………….E-mail address: …………………………………………..
12. We have neither made any statement nor provided any information in this Bid, which to the best of our knowledge is materially inaccurate or misleading. Further, all the confirmations, declarations and representations made in our Bid are true and accurate. In case this is found to be incorrect after our selection as Successful Bidder, we agree that the same would be treated as our default, and consequent provisions of bid/agreement shall apply.
If a Project Company is formed to sign the agreement and execute the Project after we are selected as successful bidder, all terms and conditions of Tender document including agreement shall apply to Project Company also wherever applicable.
Dated the _________ day of _________ , 20…
Thanking you,Yours faithfully,(Name, Designation and Signature of Person Authorized by the board as per Clause 3.15A)
13.
Format 6.2 – Format for Power of Attorney to be provided by each of the other
members of the Consortium in favor of the Lead Member
POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
place of execution.)
KNOW ALL MEN BY THESE PRESENTS THAT
having its registered office at
…………………………..…….., …..,..…and …………………….….
having its registered office at ………………………………….. , (
) the Members ofConsortium have formed a Bidding Consortium named …………. Insert
(hereinafter called the ‘Consortium’) vide Consortium Contractdated………..……………….. (copy enclosed) and having agreed to appoint
as the Lead
Member of the said Consortium do hereby constitute, nominate and appoint M/s…………….…………..a company incorporated under the laws of ……….………and
having its Registered /Head Office at ……………………..……….as our duly constituted
lawful Attorney (hereinafter called as Lead Member) to exercise all or any of the powers for and on behalf of the Consortium in regard to submission of the response to Tender and to participate in subsequent bidding process (in the event of short-listing as a qualified bidder). We also authorize the said Lead Member to undertake the following acts:
i) To submit on behalf of Consortium Members response to Tender and if required, to participate in subsequent bidding process.
ii) To do any other acts or submit any information and documents related to the above response to Tender, if required.
…………….……………. [Name of the
Consortium member company]
[Name of the Consortium
member company] Insert
names and registered offices of all Members of the Consortium[ name of the
Consortium if finalized]
……………………………..…[Name & Address of the Lead Member Company]
It is expressly understood that in the event of the Consortium being selected as Successful Bidder, this Power of Attorney shall remain valid, binding and until the Bidding Consortium achieves execution of CONTRACT.
We as the Member of the Consortium agree and undertake to ratify and confirm all whatsoever the said Attorney/Lead Member has done on behalf of the Consortium Members pursuant to this Power of Attorney and the same shall bind us and deemed to have been done by us.
IN WITNESS WHEREOF …………………………………………..…….
, as the Member of the Consortium have executed these presents on this……….. day of ........under the Common Seal of our company.
For and on behalf of Consortium Member
M/s………………………….
--------------------------------
(Signature of person authorized by the Board)
(NameDesignationPlace:Date:)Accepted
---------------------------------
(Signature, Name, Designation and Address
of the person authorised by the board of the Lead Member)
Attested
---------------------
(Signature of the executant)
------------------------------
(Signature & stamp of Notary of the place of execution)
Place:----------------
Date:------------------
Lead Member in the Consortium shall have the controlling shareholding of morethan 50% in the bidding Consortium.
[Name of member
consortium Company]
Note: -
Is the BG on non-judicial Stamp paper / e-stamp paper ofappropriate value, as per Stamp Act?Whether date, purpose of purchase and name of the purchaser are indicated on the Stamp paper? (The date of purchase of stamp paper should be of any date on or before the date of execution of BG and the stamp paper should be purchased either in the name of the executing Bank or the party on whose behalf the BG has been issued. The stamp papers (other than e-stamp paper should be duly signed by the stamp vendor.)In case of In case of BGs from Banks abroad, has the BG been executed on Letter Head of the Bank endorsed by SBI, India.Has the executing Officer of BG indicated his name, designation and Power of Attorney No./Signing Power no. on the BG?Is each page of BG duly signed/ initialled by executant and whether stamp of Bank is affixed thereon? Whether the last page is signed with full particulars including two witnesses under seal of Bank as required in the prescribed proforma?Does the Bank Guarantees compare verbatim with the Proforma prescribed in the Bid Documents?Are the factual details such as Bid Document No. / Specification No.,/ LOI No. (if applicable) / Amount of BG and Validity of BG correctly mentioned in the BGWhether overwriting/cutting if any on the BG have been properly authenticated under signature & seal of executant?Whether the BG has been issued by a Bank in line with the provisions of Bidding documents?In case BG has been issued by a Bank other than those specified in Bidding Document, is the BG confirmed by a Bank in India acceptable as per Bidding documents?
Appendix – A
CHECK LIST FOR BANK GUARANTEES
Sl.No. Details of checks YES/NO.a)
b)
c)
d)
e)
f)
g)
h)
I)
j
Format 6.3 –Format for Board Resolutions
RESOLVED THAT
Selection of Solar Power Developers (SPDs) for setting up Grid-connected Solar-PV Power Projects of 10-12 MWcapacity at Ramagiri, Ananthapuramu, Andhra Pradesh
To be provided by the Bidding Company or the Lead Member of the Consortium
FURTHER RESOLVED THAT
To be provided by the Bidding Company
[Note: In the event the Bidder is a Bidding Consortium, in place of the above resolution at Sl. No. 2, the following resolutions are to be provided by the each Member of the Bidding Consortium including Lead Member such that total equity commitment is 100%]
FURTHER RESOLVED THAT
To beprovided by the each Member of the Bidding Consortium including Lead Member such that total equity commitment is 100%
FURTHER RESOLVED THAT
The Board, after discussion, at the duly convened Meeting on ,
with the consent of all the Directors present and in compliance of the provisions of the Companies Act, 1956/ Companies Act, 2013 ), passed the following Resolution:
1. Mr./Ms. ………………., be and is hereby authorized to do on ourbehalf, all such acts, deeds and things necessary in connection with or incidental to our response to Tender for the Project, “
Hybrid wind in India, including signing
and submission of all documents and providing information / response to Tender to APGENCO, representing us in all matters before APGENCO, and generally dealing with APGENCO in all matters in connection with our bid including participation in Reverse Auction for the said Project. (
)
2. pursuant to the provisions of the Companies Act, 1956/Companies Act, 2013 ) and compliance thereof and as permitted under the Memorandum and Articles of Association of the company, approval of the Board be and is hereby accorded to invest total equity in the Project. (
)
pursuant to the provisions of the Companies Act, 1956 /Companies Act, 2013 ) and compliance thereof and as permitted under the Memorandum and Articles of Association of the company, approval of the Board be and is hereby accorded to invest (-----%) equity
in the Project. (
)
approval of the Board be and is hereby accorded toparticipate in consortium with
………… [Insert date]
(delete the other which is not applicable
(delete the other which is not applicable
(delete the other which is not applicable
[Insert the %equity commitment as specified in Consortium Agreement]
------------[Insert the name of other Members in the
Consortium]
[Insert name of Bidding Company/ Consortium Member(s)]
(Insert Name of Bidding Company/ Consortium Member(s)]
[Insert name of Bidding Company/ Consortium Member(s)]
and Mr/Ms.………………., be and is hereby authorized to execute theConsortium Agreement. (
approval of the Board be and is hereby accorded tocontribute such additional amount over and above the percentage limit (specified for the Lead Member and other member in the Consortium Agreement) to the extent becoming necessary towards the total equity share in the Project Company, obligatory on the part of the Consortium pursuant to the terms and conditions contained in the Consortium Agreement to be executed by the Consortium as per the provisions of the Tender. [
]
3. approval of the Board be and is hereby accorded to M/s. ………. to use our financial capability for meeting the Qualification Requirements for the Project “
10-12and confirm that all the equity investment obligations of M/s…….
for development of selected project(s), shall be deemed to be our equity investment obligations and in the event of any default the same shall be met by us. The Board also confirms and undertake that in case M/s ……………… fails to submit the requisite Performance Bank Guarantee in terms of Request for Selection Document, the same shall be submitted by us on its behalf. [
1) This certified true copy should be submitted on the letterhead of the Company, signed by the Company Secretary / Director.
2) The contents of the format may be suitably re-worded indicating the identity of the entity passing the resolution.
To be provided by the each Member of the Bidding
Consortium including Lead Member)
FURTHER RESOLVED THAT
To be passed by the Lead Member and other members of the Bidding Consortium
FURTHER RESOLVED THAT
Selection of Solar Power Developers (SPDs) for setting up Grid-connected Hybrid wind Solar-PV Power Projects of capacity at Ramagiri(V),Anantapuramu Dist., Andhra Pradesh
To be passed by the entity(s) whosefinancial credentials have been used i.e. Parent and / or its affiliate.]
Certified true copy
----------------------------
(Signature, Name and stamp of Company Secretary / Director)
Notes:
3) This format may be modified only to the limited extent required to comply with the local regulations and laws applicable to a foreign entity submitting this resolution. For example, reference to Companies Act 1956/ Companies Act, 2013 ) may be suitably modified to refer to the laws applicable to the entity submitting the resolution. However, in such case, the foreign entity shall submit an unqualified opinion issued by the legal counsel of such foreign entity, stating that the Board
(delete the other which is not applicable
resolutions are in compliance with the applicable laws of the respective jurisdictions of the issuing company and the authorizations granted therein are true and valid.
4) In case a Sub-Committee/Management Committee has been authorised by the Board of a Company for making the Resolution(s) mentioned here in above, these Resolution(s) can be passed by that Sub Committee and the same may be submitted along with Board Resolution in which the Sub Committee has been authorised By Board to pass such Resolution(s).
5) In case of a Consortium the respective Boards of all Consortium Members should pass the aforesaid Resolution before execution of Consortium Agreement.
Format 6.4 – Format for Consortium Contract
Member-1
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place
of execution)
THIS Consortium Contract (“Contract”) executed on this_______________ day of
___________ Two thousand___________ between M/s [insert name of Lead
Member]_______________________________________________ a Company incorporated under the laws of _____________________ and having its Registered Office at ___________________ (hereinafter called the “ ”, which expression shall
include its successors, executors and permitted assigns) and M/s ____________________________________ a Company incorporated under the
____________________________________ and having its Registered Office at ____________________________________ (hereinafter called the “ ”, which expression shall include its successors, executors and permitted assigns), M/s ____________________________________a Company incorporated under the laws of
____________________________________ and having its Registered Office at ____________________________________ (hereinafter called the “ ”, which expression shall include its successors, executors and permitted assigns), [
] for the purpose ofsubmitting response to Tender, and execution of agreement(in case of award), against Tender No. _____________________dated _______issued by APGENCO a Company incorporated under the [Companies Act, 1956/ Companies Act, 2013
), and having its Registered Office at ________ or______________constituted under companies ACT 1956
WHEREAS, each Member individually shall be referred to as the “ and all of the
Members shall be collectively referred to as the “ in this Contract.
WHEREAS, the APGENCO had invited response to Tender vide its Request for Selection
(Tender) No.________________________dated ____________
WHEREAS the Tender stipulates that in case response to Tender is being submitted by a Bidding Consortium, the Members of the Consortium will have to submit a legally enforceable Consortium Contract in a format specified by APGENCO wherein the Consortium Members have to commit equity investment of a specific percentage for the Project.
NOW THEREFORE, THIS CONTRACT WITNESSTH AS UNDER:
In consideration of the above premises and contracts all the Members in this Bidding
Consortium do hereby mutually agree as follows:
1. We, the Members of the Consortium and Members to the Contract do hereby unequivocally agree that Member-1 (M/s_______________), shall act as the Lead Member as defined in the Tender for self and agent for and on behalf of Member-2, ----
Member-2
Member-n
Member”
Members”
The Bidding
Consortium should list the details of all the Consortium Members
(delete the other which is not applicable Vijayawada
-, Member-n.
2. The Lead Member is hereby authorised by the Members of the Consortium and
Members to the Contract to bind the Consortium and receive instructions for and on
their behalf.
3. Notwithstanding anything contrary contained in this Contract, the Lead Member shall always be liable for the equity (as well as total financing if committed to be met from internal financing) investment obligations of all the Consortium Members i.e. for both its own liability as well as the liability of other Members.
4. The Lead Member shall be liable and responsible for ensuring the individual and collective commitment of each of the Members of the Consortium in discharging all of their respective equity as well as other financing if committed to be met internally. Each Member further undertakes to be individually liable for the performance of its part of the obligations without in any way limiting the scope of collective liability envisaged in this Contract.
5. Subject to the terms of this agreement, the share of each Member of the Consortium
in the issued equity share capital of the Project Company is/shall be in the following
proportion:
Name Percentage
Member 1 ---
Member 2 ---
Member n ---
Total 100%
We acknowledge that after execution of CONTRACT, the controlling shareholding
(more than 50%) in the Project Company developing the Project shall be maintained
for a period of at-least (1) one year after COD.
6. The Lead Member, on behalf of the Consortium, shall undertake full
responsibility for liasoning with Lenders or through internal accruals and mobilizing
debt resources for the Project, and it achieves Financial Closure in terms of the
agreement.
inter alia
7. In case of any breach of any equity investment as well as other financing
requirements commitment by any of the Consortium Members, the Lead Member
shall be liable for the consequences thereof.
8. Except as specified in the Contract, it is agreed that sharing of responsibilities as aforesaid and equity investment obligations thereto shall not in any way be a
limitation of responsibility of the Lead Member under these presents.
9. It is further specifically agreed that the financial liability for equity contribution of the Lead Member shall not be limited in any way so as to restrict or limit its liabilities. The Lead Member shall be liable irrespective of its scope of work or financial commitments.
10. This Contract shall be construed and interpreted in accordance with the Laws of
India and courts at [ ----- ] alone shall have the exclusive jurisdiction in all matters relating thereto and arising there under.
11. It is hereby further agreed that in case of being selected as the Successful Bidder,
the Members do hereby agree that they shall furnish the Performance Guarantee in
favour of APGENCO in terms of the Tender.
12. It is further expressly agreed that the consortium shall be irrevocable and shall form an integral part of the agreement to be entered with APGENCO and shall remain valid until the expiration or early termination as per terms of agreement with APGENCO, unless expressly agreed to the contrary by APGENCO.
13. The Lead Member is authorized and shall be fully responsible for the accuracy and
veracity of the representations and information submitted by the Members
respectively from time to time in response to Tender.
14. It is hereby expressly understood between the Members that no Member at any
given point of time, may assign or delegate its rights, duties or obligations under the
agreement with APGENCO except with prior written consent of APGENCO.
15. This Contract
(a) has been duly executed and delivered on behalf of each Member hereto and
constitutes the legal, valid, binding and enforceable obligation of each such
Member;
(b) sets forth the entire understanding of the Members hereto with respect to the
subject matter hereof; and
(c) may not be amended or modified except in writing signed by each of the
Members and with prior written consent of APGENCO.
IN WITNESS WHEREOF, the Members have, through their authorised representatives,
executed these present on the Day, Month and Year first mentioned above.
For M/s----------------------------- [Member 1]
-----------------------------------------(signature, Name & Designation of the person authorized vide Board Resolution Dated[?])
Witnesses:
1) Signature----------------------- 2) Signature ---------------------Name: Name:Address: Address:
For M/s----------------------------- [Member 2]
-----------------------------------------(signature, Name & Designation of the person authorized vide Board Resolution Dated[?])
Witnesses:1) Signature ----------------------- 2) Signature ----------------------Name: Name:Address: Address:
For M/s----------------------------- [Member n]
-----------------------------------------(signature, Name & Designation of the person authorized vide Board Resolution Dated[?])
Witnesses:
1) Signature ----------------------- (2) Signature ----------------------
Name: Name:
Address: Address:
Signature and stamp of Notary of the place of execution
__________________________________________
[on the letter head of Bidder]
Format 6.5 –FORMAT FOR FINANCIAL REQUIREMENT
The Chief Engineer(HPC&HP),
APGENCO Limited
4th Floor, Vidyuth Soudha,
Vijayawada-520004.
Dear Sir,
Sub: Response to Tender for Selection of contract for setting up of Grid connected
Hybrid wind Solar PV Projects of capacity 10 MW at Ramagiri ,Anantapuramu,
Andhra Pradesh
(A)For meeting Qualification Requirement - Networth
Exhibit (i): Applicable in case of Bidding Company
To,
We certify that the Bidding Company / Member in a Bidding Consortium
____________ has a minimum
Net Worth of Rs.__ crore (Rupees ________) or equivalent US$*…….. as on the last date of Financial Year 2018-19
*
@ For the above calculations, we have considered the Net Worth by Bidding Company
and/ or its Parent / Affiliates as per following details:
[Name of Bidding Company or Bidding Consortium]
For the Qualification Requirements, if data is provided by the Bidder Company in foreign currency, equivalent rupees of Net Worth will be calculated using bills selling exchange rate (card rate) USD / INR of State Bank of India prevailing on the date of closing accounts for the respective financial year as certified by the bidder’s banker. For currency other than USD, bidders shall convert such currency into USD as per exchange rates certified by their banker prevailing on the relevant date and used for such conversion.
Name of Bidding Name of Company / Relationship with Net Worth (in Rs. Crore) of the Member
Company Parent/ Affiliate whose Bidding Company as on the last date of Financial
Net Worth is to be Company* Year 2018-19
considered
(1) (2) (3) (4)
Total
Company 1
---
---
Exchange Rates considered
USD to INR : I USD = INR……………………
Other Currency………. (Bidder to specify the other currency) 1………. =INR………..
Certificate from the Banker in respect of the Exchange rate is enclosed at Appendix----
@
@Net Worth Requirement to be met by Member in Proportion to the Equity Commitment:Rs.-------------Crore (Equity Commitment ( %) * Rs. [ ] Crore)
For the above calculations, we have considered Net Worth by Member in Bidding Consortium and/ or Parent/ Affiliate as per following details:Name of Name of Relationship Net Worth Equity CommittedConsortium Company / with Bidding (in Rs. Commitment Net WorthMember Parent/ Affiliate/ Company* Crore) of (in %age) in (in Rs.Company Consortium (if any) the Bidding Crore)
Member whose Consortium ConsortiumNet Worth is to Memberbe considered Company
(1) (2) (3) (4) (5) (6)
In cases where the Bidding Company is giving its own net worth only, the bidder has to
fill its own company name in column (2), “Self” in column (3) and Net worth in column(4).
*The column for “Relationship with Bidding Company” is to be filled only in case thefinancial capability of Parent/Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly certified by the company secretary/chartered accountant is required to be attached with the format.
(Signature & Name of the person Authorised (Signature and Stamp of
By the Board) Statutory Auditor orChartered Accountant)
Exhibit (ii): Applicable in case of Bidding Consortium
(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]
Company 1
---
(B)For meeting Qualification Requirement –Annual turnover
AnnualTurnover
Exhibit (i): Applicable in case of Bidding Company
----\]
Total
Exchange Rates considered
USD to INR : I USD = INR……………………
Other Currency………. (Bidder to specify the other currency) 1………. =INR………..
Certif he Banker in respect of the Exchange rate is enclosed at Appendix----
@
*
We certify that the *Bidding Company / *Member in the Bidding Consortium
____________ has an of Rs._________ (Rupees ________) during Financial Year 2018-19
(*Strike out if not applicable).
For the above calculations, we have considered the Annual Turnover by the Bidding
Company and/ or its Parent / Affiliates as per following details:
icate from t
In cases where the Consortium member is giving its own net worth only, the Consortium
member has to fill its company name in column (2), “Self” in column (3), and Net worth in
column (4).
The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Parent/Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly certified by the company secretary/chartered accountant is required to be attached with the format.
[Name of Bidding Company or Bidding Consortium]
(Signature & Name of the person Authorised (Signature and Stamp of
By the Board)Statutory Auditor orChartered Accountant)
Name of Bidding Name of Company / Parent/ Relationship with Bidding Annual Turnover (in Rs.
Company Affiliate whose Turnover is to Company* Crore) of the Member
be considered Company
(1) (2) (3) (4)
@
*
Annual Turnover to be met by Member in Proportion to the Equity Commitment:
Rs.-------------Crore (Equity Commitment ( %) * Rs. [ ] Crore)
Company 1
---
---
Total
Exhibit (ii): Applicable in case of Bidding Consortium
(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]
In cases where the Bidding Company is giving its own Turnover, the bidder has to fill its own company name in column (2), “Self” in column (3) and Annual Turnover in
column (4).
The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Parent/Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly certified by the company secretary/chartered accountant is required to be attached with the format.
For the above calculations, we have considered Annual Turnover by Member in
Bidding Consortium and/ or Parent/ Affiliate as per following details:
Name of Name of Company / Relationship Annual Turnover Equity Committed
Consortium Parent/ Affiliate/ with Bidding (in Rs. Crore) of Commitment Annual
Member Consortium Member Company* (if the Consortium (in %age) in turnover
Company whose Turnover is to any) Member Company Bidding (in Rs.
be considered Consortium Crore)
(1) (2) (3) (4) (5) (6)
@
*
Company 1
---
Total
In cases where the Consortium member is giving its own Turnover only, the
Consortium member has to fill its company name in column (2), “Self” in column (3)
and Annual Tunover in column (4).
The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Parent/Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly certified by the company secretary/chartered accountant is required to be attached with the format.
Format 6.5 A–UNDERTAKING FROM THE BIDDER
(To be submitted by Bidder along with the Technical Bid)
The Chief Engineer /(HPC&HP),
4th Floor, Vidyuth Soudha,
Vijayawada-520004
Dear Sir,
Ref. : e tender No.e-51 /HPC&HP/APGENCO/2019 Date :
To
We hereby undertake to certify that we or any of our Affiliates are not a wilful defaulter to any lender, and that there is no major litigation pending or threatened against us or our Affiliates which are of a nature that could cast a doubt on the ability or the suitability of the Bidder to undertake the Project.
(Signature & Name of the person Authorised By the Board)
Name of the Bidder
Date: -
[on the letter head of Bidder]
(Signature & Name of the person Authorised By the Board)
Format 6.6 – FORMAT FOR TECHNICAL CRITERIA
To
The Chief Engineer /(HPC&HP),
4th Floor, Vidyuth Soudha,
Vijayawada-520004
Sub: Response to Tender for selection of a contractor for setting up of Grid connected Hybrid wind Solar Project in at ramagiri, Andhra Pradesh
Dear Sir,
Date:-
We hereby undertake to certify in line with clause 3.27 under the title “Financial Closure or Project Financing Arrangement” that the following details shall be furnished within 6 months of awarding of contract.
1.0 Evidence such as notarized copies of unpriced purchase orders / contracts entered into, for supply of plants and equipment for the project(s).
2.0 Evidence as to show the Financial requirements of the project are met.
We further confirm that the technology proposed to be used by us for Power Project is commercially established and operational technology.
We understand and confirm that failure or delay on our part in achieving the Financial Closure as per Tender documents shall constitute sufficient grounds for actions by APGENCO as per the stipulations of Tender documents including but not limited to encashment of our Performance Bank Guarantee without giving any notice or intimation.
Format 6.7 –Format for Disclosure
[On the letter head of Bidding Company/Each Member in a Bidding Consortium]
Disclosure
FORMAT - 6.8
Declaration by the bidder for the proposed technology tie-up
1Name of Bidding Company / Lead
Member of Bidding Consortium
2 Project proposedHybrid wind
Solar PV
We hereby declare that we or our Parent or Affiliate or Ultimate Parent or any Group Company with
which we have direct or indirect relationship are not separately participating in this selection process.
We further declare that the above statement is true & correct. We are aware that if at any stage it is found to be incorrect, our response to Tender will be rejected and if LOI has been issued or CONTRACT has been signed, the same will be cancelled and all the Bank Guarantees will be encashed and Recoveries will be effected for the payments done.
(Signature & Name of the person AuthorisedBy the Board)
Date: -
3 Capacity proposed (in MW)
4 Location of the ProjectRamagiri (V), Anantapuramu Dist.,
Park-II, Andhra Pradesh
5 Technology proposed to be adopted for the project
Crystalline Silicon Solar CellModules
(a)
For Solar PV Thin Film Modules
Plant Concentrator PV ModulesAny Other Technology (Please
specify)
b) For wind plant
Preferred wind energyPreferred wind energy capacity, tower height
6 Give brief about the proposed Technology
Signature
MW
Conventional /Advance
We confirm that Capacity Utilization Factor (CUF) of the Hybrid wind Solar PV Project with proposed technology as selected above shall not be less than 22%.
Format 6.9 – CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS OF Tender
DOCUMENT(Certificate of Compliance to All Provisions of Tender Document / "NIL" Deviation Certificate)[To be submitted offline in a separate sealed envelope along with EMD and others]
The Chief Engineer (HPC&HP,)APGENCO,4th Floor, Vidyuth Soudha,Gunadala,Vijayawada-520004
Ref: Tender No.e-51/HPC&HP/ APGENCO / 2019
Dear Sirs,
Selection of contractor for setting up of Hybrid wind Solar Power Developers at Ramagiri (V), Anantapuramu Dist., in Andhra Pradesh”, Tender No. e- 51 /HPC&HP
not taken any deviation
Bidder's Name and Address : To
1. With reference to our Bid dated................. for “
, we hereby confirm that we have read the provisions of Tender document along with its subsequent Amendment(s) / Clarification(s) / Addenda/Errata and further confirm that our Bids (i.e. both Technical Bid and Financial Bid) are strictly in conformity with the provisions of the Tender Document including its Amendments / Clarifications / Errata / Revisions thereof and we have
to any of the provisions of the aforesaid Tender document except the deviations mentioned in Format-6.10
2. Further, we agree that the entire work for development of Solar Power Project(s) shall be performed as per the the provisions of Tender document including Technical Requirements as per Annexure-1.
3. We confirm that any deviation/ variation / additional conditions to the provisions of Tender Document read in conjunction with its Amendment(s)/Clarification(s)/ Addenda / Errata found anywhere in our Technical Bid and Financial Bid, implicit or explicit, save those pertaining to rebates offered, stands unconditionally withdrawn, without any cost implication whatsoever to the APGENCO, failing which the EMD be forfeited.
4. We hereby confirm that our Technical Bid does not contain any Financial/Price content entry. However if anything is contained, we shall be solely responsible for any implication.
5. Further, we confirm that our Financial Bid does not contain any matter in respect of Technical and / or Commercial aspects other than the details specifically sought in the Financial Bid.
Signature of Authorized signatory...........................
Date : (Name of Authorized Signatory)......................................Place : (Designation)......................................
(Company Seal) ...................................
Format 6.10 DEVIATIONS FROM THE SPECIFICATION
(To be enclosed in the Part-I Pre-qualification/Tech bid)
Seal of the Tenderer Signature, Designation
And address of the Tenderer.
Tenderer shall carefully mention here in below all deviations, both technical and financial, which are not in accordance with the tender specification--------------------------------------------------------------------------------------------------- Sl.No Deviation Section Chapter
--------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------
The tenderer hereby certifies that the above mentioned are the only deviations from the specification No.
on the letter head of Bidder]
Format 6.11- Format of Financial Bid for Quoting “First Round Tariff Bid”
Sl. Indicative Tariff in Rupees per kWh (Unit) of Electrical Poweriff of Financial Bid for Quoting ‘First Round Tariff Bid”
No. (in figures) (in words)
(Signature of Authorized Representative of the Company)Name of Organization: -Date: -(Company Seal)
Note: - 1. In case of any discrepancy between the values mentioned in figures and in words, the value mentioned in words will prevail.
Format 6.12 ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED
BANK GUARANTEE PROFORMA FOR BID SECURITY/ EARNEST MONEY DEPOSIT[This agreement has to be executed on a Non-Judicial stamped paper worth Rs.100/-] Whereas M/s …………………… here-in-after called (The Bidder) has submitted their bid dated………………………….for the supply of…………………………….. (Here-in-after called “the Bid”)……………………… Know all men by these presents that,we ……………………………………………………………………………. (Hereinafter called “the Bank”) are
bound unto Chief Engineer (HPC&HP), APGENCO, Vidyut Soudha, VIJAYAWADA.[Hereinafter called “the purchaser”] in the sum of Rs……… …………………………………… for which payment will and truly to be made to the said purchaser, the bank binds itself, its successors and assigns by these presents.
Sealed with the common Seal of the said Bank this ………………….day of…………………………2019.THE CONDITIONS OF THIS OBLIGATION ARE:i) When the successful tenderer does not accept the order after issue of preliminary acceptance letter/letter of intent/purchase order.ii) When the successful tenderer fails to furnish the security deposit within 30 days from the date of issue of preliminary acceptance letter or the letter of intent or Purchase Order.iii) When tenderer is disqualified. iv) When tenderer alters his prices or withdraws his offer during the validity period.
We undertake to pay to the purchaser the above amount within one week upon receipt of its first written demand without the purchaser having to substantiate his demand, without referring to the tenderer and without questioning the right of purchaser to make such demand or the propriety or legality of the demand provided that in its demand the purchaser will note that the amount claimed by it is due to it owing to any of the occurrence of the above mentioned conditions, specifying the occurred condition or conditions.Notwithstanding anything contained in the foregoing, our liability under this guarantee is restricted to
Rs._____________ (Rupees____________________________________ only).
Our guarantee shall remain in force until __________. Unless a claim is made within 3 months from that date,
all rights of the purchaser under this guarantee shall be forfeited and we shall be relieved and discharged
from all liability hereunder.
Furthermore, We----------------------Bank Limited accept that,
(i) This Bank Guarantee is unconditional and absolute
(ii)Claim against this Bank Guarantee will be honored without any delay or demur;: and
(iii)This Bank Guarantee covers all the losses, claims, damages and costs suffered by the purchaser against
the said tender.
We _______________________ Bank Limited lastly undertake not to revoke this guarantee during its currency except with the previous consent of APGENCO in writing.
Date the ________________Day _______2019 for _____________ Bank Ltd.,
Signature: Designation: Address: Seal:
Note: The Bank Guarantee shall be kept valid for a period of 270 days from the date of opening of pre-qualification/Tech. Bid with a claim period of 3 months thereafter and the
Bank Guarantee shall be from Scheduled banks only.
