MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

BID DOCUMENTS FOR POWER PURCHASE ON FIRM BASIS as follows: Month (Duration) 01.11.2012 to 31.01.2013. Quantum in MW Type of Power Day Power (06:00 hrs to 17:00 hrs)

500

Note: 1. Some terms and conditions are modified in this tender. All Bidders are requested to go through the terms and conditions carefully before submitting the offer. 2. Tender is on e-tendering basis.

THROUGH: COMPETITIVE BIDDING COMMERICAL AND GENERAL CONDITIONS

TENDER NO.: CE (PP)/T-9/2012 DATE: 07.09.2012 CHIEF ENGINEER (PP) POWER PURCHASE CELL, PRAKASHGAD, 5TH FLOOR, STATION ROAD, BANDRA (EAST), MUMBAI-400 051, PHONE No.022 26472131, Extn. 2303 ; Fax No. 022 26580645 Email : cepp@mahadiscom.in

IMPORTANT NOTE: The present power purchase tender T-9/2012 is on e-Tendering basis. All the bidders have to submit their offers on e-Tendering basis onl y. BACKGROUND: MSEDCL invites Bids for procurement of power as specified by MSEDCL under The Scope of Work. Bids are invited from Generators, Merchant Power Plants, Captive Power Plants, Licensees, Power Traders, SEBs, IPPs from all over India. The Companies already having PPAs (Long Term/Short Term) with MSEDCL cannot offer the power already committed under PPA (Long Term/Short Term). The Bidder should have its own arrangement for supply or have firm tie up for purchase of power from other sources. Evidence of past experience may please be submitted along with the offer (if any). This condition will not apply for direct offer from a State Electricity Board or State Owned Generating Company, IPP, CPP & Merchant generator whose offer is for sale of power directly. THE SCOPE OF WORK: 1. Procurement of power on firm basis as follows: Month (Duration) 01.11.2012 to 30.11.2012 01.12.2012 to 31.12.2012 01.01.2013 to 31.01.2013 2. Bidder should submit offers only for above period. Monthly Block bid should be submitted for period 01.11.2012 to 01.01.2013. 3. Bidder may procure power from more than one source by specifying the source wise quantum and rates in the bids, provided the minimum quantum offered from each source outside the state of Maharashtra is 50 MW. 4. To ensure competitiveness, the minimum number of bidders should be at least two other than the Genco(s), owned (51% or more) by state Government of the procuring state. 5. Delivery Point: MSETCL periphery only. 6. The Bidder shall specify source of power Seller (LOI of Seller to be attached). 7. Contracted Quantum: Quantum at MSETCL Periphery. 8. Bidder shall book the corridor in such a way that contracted quantum is available at MSETCL periphery. TERMS AND CONDITIONS FOR POWER PURCHASE 2 Quantum in MW Type of Power

Day Power

500

(06:00 hrs to 17:00 hrs)

1. BIIDDER ELIGIBILTY: Bids are invited from Licensees, Power Traders, SEBs, IPPs, Merchant Power Plants, Power Generating Companies, Captive Power Plant Owners from all over India. The Companies already having PPAs with MSEDCL cannot offer the power already committed under PPA.

2. PRICE: (a) Bidder should quote the quantum in MW and rates in Indian Rupees upto three decimal places on FIRM basis, for supply of power at MSETCL Periphery only. Firm power shall be offered on a monthly basis for the months of November 2012, December 2012 and January 2013 with a uniform rate for the respective month from each source. The offers of the bidders/Traders with deviation from tender terms and conditions shall be summarily rejected. Bidder should quote the rates at MSETCL periphery inclusive of the applicable concerned State transmission losses and charges (if applicable) and POC injection losses and charges, POC withdrawal losses and charges, MSLDC scheduling charges and application fees, etc as per prevailing norms for specified period in the Annexure-B. Maharashtra state transmission charges and losses will be borne by the procurer. The rates quoted shall be inclusive of POC charges as per the CERC order dated 31.03.2012. The impact of the changes in the same as per CERC order if any for the period subsequent to 30.09.2012 shall be to the MSEDCL account i.e. if the POC charges notified by CERC for the period from 1.10.2012 onwards is lesser than the rates as per the prevailing order dated 31.03.2012 then the difference thereof shall be recovered by MSEDCL from the bill for the energy charges and if it is more then the difference shall be paid by MSEDCL to the bidder on receipt of their specific claim along with the documentary proof of having paid such enhanced charges. The bids shall be evaluated on the basis of rates quoted by bidder at MSETCL periphery. Therefore utmost care shall be exercised while calculating rates at MSETCL periphery. If Bidder has missed out any parameter to be loaded while calculating rates at MSETCL periphery, then same shall not be payable by MSEDCL under any circumstances. 3. (a) SUBMISSION OF OFFER: Bidder shall submit tender with non-refundable tender fees of Rs.1500/- (Rupees One Thousand Five Hundred only) on lin e bef ore the sche du led t im e and date of tender submission. The Bidder shall submit the tender only through e-tendering process before the time & date indicated in tender notice. EARNEST MONEY DEPOSIT (EMD): The Bidder shall pay the Earnest Money Deposit as mentioned below along with the tender. The tender without the payment of Earnest Money Deposit shall be summarily rejected. (a) Unless the Bidder is exempted on account of statutory directives as enlisted in clause 4(d) below, bidder shall pay Earnest Money Deposit as under:(I) Rs. 10,000/- per MW per month, Subject to minimum of Rs. 5 Lacs. (II) E.M.D. to be submitted in the form of Bank Guarantee (Format for B.G. shall be as per Annexure-C) or online payment through RTGS to MSEDCL, Bank account details given below: 3

(b)

4.

Account Name: Maharashtra State Electricity Distribution Co. Ltd. Bank Name: Bank of India, Bank of India Bldg, 4th floor, 70-80, M.G. Road, Fort, Mumbai-400001. Account No. 016020110000033 IFSC Code: BKID0000160 The Bank Guarantee or documentary evidence for such RTGS transfer shall be submitted along with the bid in the tender, which shall be confirmed with MSEDCLs bank statement. No interest shall be paid on the Earnest Money Deposit. The Bank Guarantee shall be valid for a period of one month from the date of submission of bid. The Bank Guarantee shall be furnished from any scheduled bank. The scanned copy of Bank Guarantee is to be attached along with the tender document while submitting the bid and the original Bank Guarantee shall be submitted on or before of submission of bid.. (c) In the event the Bidder withdraws or modifies his offer during the validity period and/or fails to submit contract performance guarantee on selection of bid, the Earnest Money Deposit (EMD) shall stand forfeited. All Government and Semi Government Institutions under Government of Maharashtra and fully owned undertaking of any State Government and Government of India are exempted from payment of E.M.D. EARNEST MONEY OF UNSUCCESSFUL BIDDER: Earnest Money Deposited (EMD) shall be returned to the unsuccessful Bidders within 10 days from the date of issuing of LoI to the successful bidders, and on submission of original money receipt of E.M.D. payment to Chief Engineer (Power Purchase), at 5th Floor, Prakashgad, Bandra (East), Mumbai 400 051. 5. Contract Performance Guarantee Contract Performance Guarantee (CPG) of Rs. 1,00,000/- per MW per month shall be submitted by successful bidders in the form of CPG immediately after receiving LoI from MSEDCL.(Format of CPG shall be as per Annexure-D). CPG shall be valid up to the period one month after the expiry of contract period as per LoI. CPG shall be furnished from the any scheduled bank. The format for Contract Performance Guarantee is attached as Annexure-D. (I) CPG shall be submitted within two days from the date of issue of LoI or the date of commencement of supply whichever is earlier. (II) CPG shall be forfeited if the successful bidder fails to perform contractual obligations as per LoI.

(d)

(e)

6.

SUBMISSION OF TENDER DOCUMENTS: Last date and time of submission of tender will be on 13.09.2012 up to 11:30 hrs.

7.

OPENING OF TENDER: Date of opening of bids is on 13.09.2012 at 12:00 hrs.

8.

ACCEPTANCE OF TENDER: MSEDCL reserves its right to accept or reject any tender whether fully or partially without assigning any reasons. It is also not binding on MSEDCL to disclose any analysis report on tender. The Bidder on the other hand binds himself to supply power from his offer in part or whole at the option of the MSEDCL. 4

9.

DISREGARD OF TENDER CONDITIONS: The Bidder should note that there shall be no deviations in respect of any terms and conditions of the tender. Bid containing any deviations / additions / alterations / changes in the terms and conditions of the tender shall not be acceptable. Any deviations/additions/alterations/changes in the covering letter, unrelated Annexure / schedules of the bid or elsewhere, shall be ignored and the offer shall be treated as meeting with all tender terms and conditions.

10.

NOTIFICATION OF AWARD OF CONTRACT: The notification of Award of contract shall be communicated to the successful Bidder by Letter of Award (LOA) by registered post or hand delivery or Fax or e-mail as the MSEDCL deems it fit.

11. 12.

The offers shall be for a firm quantum. If quantum is indicated as upto, then the offer shall be rejected. Validity of offer shall be for a minimum of 15 days and it shall be binding on the Bidders to supply the full quantum and for the period as per the order placed with them within such validity period. In case of supply from CPPs, quantum and rate should be indicated specifically and source wise in the Bids. The identification of source-wise power supplied is to be incorporated in respective Regional Energy Accounting (REA) by WRPC/ Maharashtra State Energy Accounting by MSLDC. The billing will be done on the basis of Western Regional Energy Accounting/ MSLDC Energy Accounting. The Bidder s h o u l d preferably s u p p l y q u a n t u m o f power from o n e source (Generator) only. If the quantum of power is supplied from different sources, it should be indicated clearly. MSEDCL will place the Order on the Successful Bidders as per the Terms & Conditions specified in Annexure-A. The bidder should read carefully all the terms and conditions of this tender document including t h e Annexures which shall form an integral part of this tender and submit duly signed tender document along with offer.

13.

14.

15.

16.

17.

Seal and Signature of Bidder

Annexure A LOI Terms and Conditions 1) Quantum & Tariff: Quantum in MW Delivery Point Rate at MSETCL periphery Rs./Kwh *

Period 01.11.2012 to 30.11.2012 01.12.2012 to 31.12.2012 01.01.2013 to 31.01.2013 2)

Type

Source

Day Power (06:00 hrs to 17:00 hrs)

MSETCL periphery

*Rate is inclusive of trading margin. STOA charges: Generators State transmission losses and charges (if applicable) and POC injection & drawl losses and charges, MSLDC operating charges and all other charges as may be applicable shall be borne by bidder/trader and no separate charges against the same shall be paid by MSEDCL. Any parameter missed out while quoting rate at MSETCL periphery by the bidder will not be reimbursed in any case. The rates quoted shall be inclusive of POC charges shall be as per the CERC order dated 31.03.2012. The impact of the changes in the same as per CERC order if any for the period subsequent to 30.09.2012 shall be to the MSEDCL account i.e. if the POC charges notified by CERC for the period from 1.10.2012 onwards is lesser than the rates as per the prevailing order dated 31.03.2012 then the difference thereof shall be recovered by MSEDCL from the bill for the energy charges and if it is more then the difference shall be paid by MSEDCL to the bidder on receipt of their specific claim along with the documentary proof of having paid such enhanced charges. The contracted rate shall be firm during the contracted period except for the above. Maharashtra state transmission charges and losses will be borne by the procurer. If the Supplier/Trader fails to schedule the power after allotment of corridor and or surrenders the corridor which shall not be done without the consent of MSEDCL, the entire STOA charges including the STOA charges that may be withheld by the RLDC/SLDC and the application fees/scheduling and operating fees etc. Paid to the RLDC/SLDC shall not be paid by MSEDCL. 3) (a) Scheduling: That Trader/Seller will supply the energy as per this LOI to MSEDCL subject to transmission constraints/force Majeure. Force Majeure would be as defined in Clause 9 hereunder. Trader/Seller shall book the corridor for the full contracted quantum and for the shortest route with the consent of MSEDCL and MSEDCL shall in no way be responsible for non-availability of corridor. Trader/Seller should schedule power as per consent given by MSEDCL/CE (LD) Kalwa. No compensation will be paid by MSEDCL du e t o technica l constraints, if any. The po we r s h a l l be scheduled uniformly as 6

(b)

per the open access granted. Revision of schedules shall not be done without the consent of MSEDCL/ CE (LD), Kalwa. (c) In case of failure of the generator (s) at the source of supply, the Trader/Seller can make available the agreed quantum of power as quoted above from any other alternate source (s) in such a way that the cost of power to MSEDCL at the MSETCL periphery shall be lower or the same as the landed cost to MSEDCL at the MSETCL periphery as per the contracted rates. All other Terms a nd Conditions shall remain unchanged. (d) Supply from alternate sources for whatsotever reasons shall not be binding on MSEDCL unless prior written consent is obtained from MSEDCL. (e) No Payment will be made for the supply over and above schedule given by WRLDC/MSLDC. (f) Any issues related to Energy Accounting shall be taken up by the Bidder with the RLDC/MSLDC whose decision shall be final. Intra State Bidders who schedule power in excess of their generating capacity shall be liable for penalty as may be levied by SLDC.

(g) The Bidder should book the source and the shortest corridor as per the order issued by MSEDCL well in advance and shall ensure supply of the contracted quantum/quantum approved in Open Access to MSEDCL on first charge basis on a daily basis. The Bidder shall apply for Open access for full contracted quantum of power from each source as per order. For any deviations in applying for STOA penalty will be applicable as per Clause no 5 of this Annexure-A. MSEDCL will not bear the extra Open Access charges due to change in corridor for power supply on account of delay in obtaining Open Access approval. In case the corridor is not available and Bidder desires to supply the contracted quantum of power through other source/corridor, then Bidder should obtain prior permission of MSEDCL. Even if Bidder supplies contracted quantum through source/corridor different from that referred in order, then Bidder himself will be responsible for the charges over and above the agreed charges as per the order towards the change in rate, Open Access charges, Transmission loss and scheduling charges etc. (h) Daily schedule will be intimated 24 hrs in advance and any revision in schedule shall be implemented only with mutual consent and the Party seeking the revision in schedule shall bear the application fees, rescheduling charges, etc. (i) Open Access: - The power shall be scheduled and dispatched as per the relevant provisions of CERC regulation dated 25th January, 2008 regarding Open Access in Inter State Transmission and Procedure for Reservation of Transmission Capacity to short Term Open Access dated 28th January 2008 or if any changes time to time declared by CERC and / as per the MERC provisions /Regulation wherever applicable. (e) Revision of Schedule In case of revision of schedule, a consolidated request indicating the reason and mutual consent of both the parties for revision shall be submitted to the WRLDC/SLDC. The application fee and the rescheduling charges shall be paid by the applicant but shall be borne/reimbursed by the party seeking the revision. Revision of schedule / surrender of corridor (partly/fully) shall not be done without consent of MSEDCL.

4)

Billing: a) For the purpose of billing, each month will be divided into four parts (i.e. 1st to 8th, 9th to 15th, 16th to 23rd, and 24th to last day of the month). Each bill should specifically indicate the MSEDCL order reference against which the bill is raised and shall be supported and accompanied by the Open Access approval and schedule by WRLDC/MSLDC. b) Without prejudice to the provisions at 4 (e) & 7 of this Annexure-A, the bills for supply of less than 50 MW shall be raised on fortnightly basis. c) In case of in-State CPP Power, provisional fortnightly energy bills shall be raised based on joint meter reading with MSEDCLs representative. Or In case of Interstate/ Intrastate power, every weekly billing shall be done on the basis of scheduled energy from WRLDC/ MSLDC web site on daily basis for Bilateral Schedule (Ex-PERI) of MSEB. In case of dispute regarding energy accounting the matter shall be referred to WRLDC/ MSLDC. d) All bills are to be addressed to Chief Engineer (Power Purchase Cell) and faxed on 022-26580645 by 17:30 hrs. on MSEDCL working days. Bills sent through e-mail shall not be considered for payment. e) Final Bill: The final monthly bill settlement will be based on REA issued by WRPC/ Energy Accounting by MSLDC and as reconciled between MSEDCL and the bidder on finalization of the respective Energy Accounts. Towards ensuring the final settlement, MSEDCL reserves the rights to retain 10% of the bill for the last week of the contract period as Security which shall be released within seven days based on the final reconciliation as above without prejudice to our rights for the Rebate on the net amount payable.. In case , net amount is payable by the bidder on final Reconciliation, then the same shall be paid by the Bidder within seven days of reconciliation failing which a surcharge @ 1.25% per month shall be applicable on pro-rata basis for each day of delay thereafter. f) Trader/Seller shall invariably call on this office on the completion of each months transaction for reconciliation of the energy and financial accounts.

5)

Compensation: Penalty for Short Supply: a) Without prejudice to the provisions of force majeure, the Successful Bidder shall apply for open access for the full contracted quantum on a first charge basis to MSEDCL well in advance as per provisions of Procedure for Advance Scheduling of Bilateral Transactions notified by POSOCO. In case of failure by the Bidder the penalty shall be payable on the quantum not applied. i. In case of failure by bidder for applying contracted quantum the penalty shall be calculated as illustrated under:Table A Contracted (LOI) Quantum 100 MW Applied Quantum for Open Access 100 MW Penalty No Penalty on non applied Quantum i.e. 20 MW. Penalty at Rs. 2.00 per Kwh for energy corresponding to unapplied quantum. 8

100 MW

80 MW

100 MW

60 MW

Penalty on non applied Quantum i.e. 40 MW. Penalty at Rs. 2.00 per Kwh for energy corresponding to unapplied quantum.

ii. The Penalty for short supplied quantum will be calculated as follows: TABLE : B Applied Quantum 100 MW 100 MW Open Access Approved Quantum 100 MW 80 MW Supplied Quantum 70 & above 70 MW Above 70% of 80 MW (i.e. above 56MW) Below 70% of 80 MW (i.e. below 56MW) Penalty Not Applicable Not Applicable

100 MW

80 MW

Applicable for the quantum below 56 MW @Rs 2 per Kwh

The compensation at the rate of Rs. 2.00/Kwh for the shortfall in the applied /supply of power as mentioned above in Table A and B shall be payable by bidder to MSEDCL and will be deducted from energy bill. In case bidder could not get open access for transmission of power due to transmission constraints, such penalty will not be levied for quantum for which open access not granted, subject to documentary evidence. b) Without prejudice to the provisions of force majeure, If MSEDCL fails to schedule energy corresponding to the capacity approved for Open Access for the concerned period MSEDCL shall pay compensation @ Rs.2.00/KWH for the difference (shortage) quantity below 70%. Trader shall produce compensation claim from Seller/Generator.

c) The penalty shall be calculated on monthly basis. 6. Contract Performance Guarantee Contract Performance Guarantee (CPG) of Rs. 1,00,000/- per MW per month shall be submitted by successful bidders in the form of CPG immediately after receiving LoI from MSEDCL.(Format of CPG shall be as per Annexure-D). CPG shall be valid up to the period one month after the expiry of contract period as per LoI. CPG shall be furnished from the any scheduled bank. The format for Contract Performance Guarantee is attached as Annexure-D. (III) CPG shall be submitted within two days from the date of issue of LoI or the date of commencement of supply whichever is earlier. (IV) CPG shall be forfeited if the successful bidder fails to perform contractual obligations as per LoI.

7 Payment Terms: . The provisional weekly bill p a y m e n t s shall be released based on 4(C) above. The due date for the payment of bill is 30 days from the issue of bill and the bills for supply of less than 50 MW shall be raised on fortnightly basis and payment due date 9

for the same shall be 30 days from the issue of bill. In case the due date falls on MSEDCL holiday then the next working day of MSEDCL shall be the due date, including for rebate. The final payment will be made as per REA issued by RLDC/energy accounting by MSLDC. In case of any difference/dispute regarding energy accounting, the same shall be sorted out by M/s. Trader/Seller within a month otherwise MSEDCL will recover the same from pending dues of M/s. Trader/Seller. 8. Rebate: M/s. Trader/Seller should allow 2% rebate on the amount paid within due date i.e. within 7 days (for weekly billing) / 15 days (for fortnight billing) from the next day of date of receipt of bill by fax. 9. Surcharge: A surcharge of 15% (Fifteen percent) per annum (as per the CERC Order dated 26th March, 2004) shall be applicable on energy bills payments. This surcharge would be calculated on a day-to-day basis for each day of the delay. 10. Force Majeure: Any event which is beyond the control of the two parties involved which they could not foresee or with a reasonable amount of diligence could not be prevented and which substantially affect the performance by either agency such as but not limited to a) Acts o f G o d . Natural phenomena, including but not limited to Floods, Droughts, Earthquakes, Cyclones, Storms, Typhoons, Gale weather and Epidemics. b) Acts of any Government domestic or foreign, including but not limited to war declared or undeclared, hostilities, priorities, quarantines, embargoes: c) Riots or Civil Commotion or sabotage. d) Grid failure not attributable agencies involved. e) Heavy rain/ flood /storms resulting in transmission systems failure as certified by CTU/STU. Any restriction imposed by RLDC on scheduling of power supply by BIDDER or MSEDCL due to Transmission /Grid constraint shall be treated as Force Majeure without any liability on either side. If seller fails to supply power due to fault in its generator/system, such event shall not be considered as Force Majeure. 11. M/s. Trader/Seller shall pay the processing fee Rs.5000/-. 12 Jurisdiction of Contract: The laws applicable to this contract shall be the laws in force in India. The Courts of Mumbai, India shall have exclusive jurisdiction in all matters arising under and on account of this contract. 13 After receipt of Letter of Award or order for supply of power, the Bidder should immediately book the corridor for contracted quantum for period of supply and acknowledge the acceptance of same, otherwise it will be treated as order is accepted and all terms and conditions of the order placed by MSEDCL and this Tender shall be applicable. In case of short supply, Bidder shall produce valid documentary proof from RLDC/SLDC of not having sold the power to any other party or else shall forfeit the EMD. 14 Dispute Resolution: If any dispute or difference of any kind whatsoever (Dispute) shall arise between the Parties in connection with or arising out of this Agreement or out of breach, termination or invalidity of the Agreement hereof, the parties shall resolve them by resorting to the following in the order so mentioned. (a) Parties shall attempt to decide through mutual discussions within 30 days. (b) If the dispute cannot be resolved by MSEDCL & the Bidder, then dispute resolution will be as per Arbitration Act. 10

(c) In case both the parties are unable to resolve the issue of difference relating to REA difference and RLDC/SLDC short Term Open Access charges, the matter will be referred for adjudication to Member Secretary, WRPC or Chief Engineer, MSLDC in case Seller/Generator is in intra state. The decision of Member Secretary, WRPC/MSPC shall be binding on both parties. (d) Dispute in respect of Tariff shall be adjudicated by the Appropriate Commission. Notwithstanding the existence of any dispute, whether referred to arbitration or not, the Parties hereto shall continue to perform their respective obligations under this Agreement throughout the Term and this Agreement. Certificate I/We have carefully read the terms and conditions which I/We have thoroughly understood and to which I/We shall abide.

Seal and Signature of Bidder

11

Annexure B
RATES FOR SUPPLY OF FIRM POWER For Firm RTC Power for the period 01.11.2012 to 31.01.2013. Mon th Qty in MW at MSETCL Periphery

Source of Supply

Supply hours Day Power

Rate at MSETCL periphery Rs./unit

01.11.2012 to 30.11.2012 01.12.2012 to 31.12.2012 01.01.2013 to 31.01.2013

06:00 to 17:00 hrs

Note: 1. Bidder should quote the month wise quantum in MW and rates for supply of power at MSETCL periphery as per Sr. No. 2 of terms & conditions in the tender document. Offer will be evaluated only based on rate at MSETCL periphery. 2. Bidder should quote single rate and single quantum for the respective months from each source. The offers of the bidders/Traders with deviation from tender terms and conditions shall summarily rejected. 3. All the bidders have to submit their offers on e-Tendering mode only. I/We have carefully read the terms and conditions which I/We have thoroughly understood and to which I/We shall abide.

Seal and Signature of Bidder

12

Annexure -C

FORMAT OF THE BANK GUARANTEE FOR EMD (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) In consideration of the . (Insert name of the Bidder) submitting the Bid inter alia for supply of power on short term basis through tender process for meeting the requirements of Procurer in response to the Tender dated 07.09.2012 issued by Maharashtra State Electricity Distribution Company Limited, (hereinafter referred to as Procurer) and such Procurer agreeing to consider the Bid of [Insert the name of the Bidder] as per the terms of the Tender, the (Insert name and address of the bank issuing the Bank Guarantee, and address of the head office) (here in after referred to as Guarantor Bank) hereby agrees unequivocally, irrevocably and unconditionally to pay to the Procurer or its authorized representative at Mumbai forthwith on demand in writing from the Procurer or any representative authorized by it in this behalf an amount not exceeding Rupees (Rs..) only [Insert amount not less than that derived on the basis of Rs. 10 (ten) thousand per MW per month multiplied with the total quantum of power offered by the Bidder, minimum of Rs. 5 lakhs], on behalf of M/s. ..[Insert name of the Bidder]. This guarantee shall be valid and binding on the Guarantor Bank up to and including (Insert date of validity of Bank Guarantee in accordance with tender condition) and shall not be terminable by notice or any change in the constitution of the Guarantor Bank or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or between concerned parties. Our liability under this Guarantee is restricted to Rupees .. (Rs .) only. Our Guarantee shall remain in force until .. [Date to be inserted by Procurer] or its authorized representative shall be entitled to invoke this Guarantee until .. [Insert Date, which is 30 days after the date in the preceding sentence]. The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand from the Procurer or its authorized representative, made in any format, raised at the above mentioned address of the Guarantor Bank, in order to make the said payment to the Procurer or its authorized representative. The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and notwithstanding any objection, disputes, or disparities raised by the Bidder or any other person. The Guarantor Bank shall not require MSEDCL or its authorized representative to justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against the Procurer or its authorized representative in respect of any payment made hereunder. This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction. The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank in the manner provided herein.

13

This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation, restructuring, liquidation, winding up, dissolution or any other change in the constitution of the Guarantor Bank. This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly, the Procurer or its authorized representative shall not be obliged before enforcing this BANK GUARANTEE to take any action in any court or arbitral proceedings against the Bidder, to make any claim against or any demand on the Bidder or to give any notice to the Bidder to enforce any security held by the Procurer or its authorized representative or to exercise, levy or enforce any distress, diligence or other process against the Bidder. The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the Procurer and may be assigned, in whole or in part, (whether absolutely or by way of security) by the Procurer to any entity to whom it is entitled to assign its rights and obligations under the RFP Documents. The Guarantor Bank hereby agrees and acknowledges that Maharashtra State Electricity Distribution Company shall have a right to invoke this Bank Guarantee either in part or in full, as it may deem fit. Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs ... (Rs only) and it shall remain in force until .. [Date to be inserted on the basis of tender condition], with an additional claim period of thirty (30) days thereafter. We are liable to pay the guaranteed amount or any part thereof under this BANK GUARANTEE only if Procurer or its authorized representative serves upon us a written claim or demand. In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this .. day of at . Witness: 1. . Signature Signature Name and address. Name: 2. .. Designation with Bank Stamp Signature Name and address Attorney as per power of attorney No. For: . [Insert Name of the Bank]

Bankers Stamp and Full Address: Dated this day of 20.. Note: The Stamp Paper should be in the name of the Executing Bank.

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Annexure D

Format for Contract Performance Guarantee (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution. Foreign entities submitting Bids are required to follow the applicable law in their country. To be provided separately in the name of each of the Procurer, in proportion to their Contracted Capacity) In consideration of the ..[Insert name of the Successful Bidder with address] agreeing to undertake the obligations as per terms of LOI and Tender Documents and Maharashtra State Electricity Distribution Company Ltd. (herein after referred to as Procurer), agreeing to execute the tender Documents with the Successful Bidder for procurement of power on short term basis through tender process for meeting the requirements of the Procurer, the . [Insert name and address of the bank issuing the guarantee and address of the head office] (hereinafter referred to as Guarantor Bank) hereby agrees unequivocally, irrevocably and unconditionally to pay to the Procurer at MSEDCL, Plot G-9, Anant Kanekar Marg, Prakashgad, Bandra (East), Mumbai 400 051forthwith on demand in writing from the Procurer or any Officer authorized by it in this behalf, any amount up to and not exceeding Rupees .. only [Insert the amount of the bank guarantee computed on the basis of one (1) lakhs/MW per month with respect to the Contracted Capacity of Procurer as per the terms of LOI] on behalf of M/s. . [Insert name of the Successful Bidder]. This guarantee shall be valid and binding on the Guarantor Bank up to and including .[Insert date of validity of CPG] and shall in no event not be terminable by notice or any change in the constitution of the Bank or the term of the PPA or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or between parties to the respective agreement. Our liability under this Guarantee is restricted to Rs. .. (Rs. . .only). Our Guarantee shall remain in force until .. [Insert the date of validity of the Guarantee as per tender condition]. The Procurer shall be entitled to invoke this Guarantee up to thirty (30) days of the last date of the validity of this Guarantee by issuance of a written demand to invoke this guarantee. The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand from the Procurer, made in any format, raised at the above mentioned address of the Guarantor Bank, in order to make the said payment to the Procurer . The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and notwithstanding any objection by, .. [Insert name of the Successful Bidder] and/or any other person. The Guarantor Bank shall not require the Procurer to justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against the Procurer in respect of any payment made hereunder. This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction. The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank in the manner provided herein.
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This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation, restructuring, liquidation, winding up, dissolution or any other change in the constitution of the Guarantor Bank. This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly the Procurer shall not be obliged before enforcing this BANK GUARANTEE to take any action in any court or arbitral proceedings against the Successful Bidder/Seller, to make any claim against or any demand on the Successful Bidder/Seller or to give any notice to the Successful Bidder/Seller or to enforce any security held by the Procurer or to exercise, levy or enforce any distress, diligence or other process against the Successful Bidder/Seller. The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the Procurer and may be assigned, in whole or in part, (whether absolutely or by way of security) by the Procurer to any entity to whom it is entitled to assign its rights and obligations under the LOI. The Guarantor Bank hereby agrees and acknowledges that the Procurer shall have a right to invoke this Bank Guarantee either in part or in full, as it may deem fit. Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs. .. crores (Rs. .. crores only) and it shall remain in force until [Date to be inserted as per tender condition and LOI], with an additional claim period of thirty (30) days thereafter. This BANK GUARANTEE shall be extended from time to time for such period, as may be desired by .. [Insert name of the Successful Bidder/Seller]. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only if the Procurer serves upon us a written claim or demand. In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this .. day of at . Witness: 1. . Signature Name and Address. Name: 2. .. Designation with Bank Stamp Name and Address Attorney as per power of attorney No. For: . [Insert Name of the Bank]

Banker s Stamp and Full Address: Dated this day of 20.. Notes: i. The Stamp Paper should be in the name of the Executing Bank. This date shall be one (1) month after the Bid Validity.

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Annexure - E CONTACT INFORMATION SHEET (For the purpose of co-ordination for the tender CE(PP)/T-9/2012) Sr. No. 1 2 3 4 5 6 6.a 6.b 6.c 7 Details 7.a 7.b 7.c Name Mobile No. e-mail id Particulars Company Name Correspondence Address Office Telephone No. Office Fax No Office e-mail id Contact Person Details Name Mobile No. e-mail id Alternate Contact Person Information

Seal and Signature of Bidder

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