Standard RFQ for long-term Power Procurement under Case 2

Name of the Distribution Licencee/Authorized

Representative

Standard Bid Documents

for

Tariff Based Bidding Process for Procurement of Power on

Long-Term Basis from Power Stations to be set up at
Specified Location and/or operating on Specified Fuel

(As per Guidelines for Determination of Tariff by

Bidding Process for Procurement of Power by
Distribution Licencee)

1. Vol I Request for Qualification

2. Vol II Request for Proposal

3. Vol III Power Purchase Agreement

Issued by

Distribution Licencee /Authorized Representative

Address and contact details (Phone, fax, E-mail ID)

Name of the Distribution Licencee 1

 Standard RFQ for long-term Power Procurement under Case 2

Name of Distribution Licencee/Authorized Representative

Vol I

Request for Qualification

for

Tariff Based Bidding Process for Procurement of Power on

Long-Term Basis from Power Stations to be setup at
Specified Location and/or operating on Specified Fuel

(As per Guidelines for Determination of Tariff by Bidding

Process for Procurement of Power by Distribution Licencee)

Long Term Procurement (more than 7 years)

Issued by

Distribution Licencee/ Authorised Representative

Address and contact details (Phone, fax, E-mail ID)

Name and address of Distribution Licencee/Authorized Representative

Request for Qualification (RFQ) for supply of power to Name of the Distribution

Name of the Distribution Licencee 2

 Standard RFQ for long-term Power Procurement under Case 2

Licencee(s) in the Name of State(s) state in India.

This RFQ document along with Annexure as per Index is issued to -

M/s. ______________________
___________________________
___________________________
___________________________
___________________________

NOTES:

1. This document is not transferable.

2. Though adequate care has been taken while preparing the RFQ
documents, the Bidder shall satisfy himself that document is complete in
all respects. Intimation of any discrepancy shall be given to this office
immediately. If no intimation is received from any Bidder within ten days
from the date of issue of Bid documents, it shall be considered that the
Bid document is complete in all respects and have been received by the
Bidder.
3. The procurer may modify, amend or supplement this RFQ document
including PPA in accordance with Guidelines for Determination of Tariff
by Bidding Process for Procurement of Power by Distribution Licencees
dated 19 January, 2005 issued by Ministry of Power after obtaining
approval of the appropriate regulatory commission, if such approval is
required under law.
4. While this RFQ has been prepared in good faith, neither the procurer nor
their employees or advisors make any representation or warranty,
express 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 RFQ, even if any loss or damage is caused by
any act or omission on their part.

Name, address and contact details of the Authorised Person

Place:

Date:

Name of the Distribution Licencee 3

 Standard RFQ for long-term Power Procurement under Case 2

REQUEST FOR QUALIFICATION NOTIFICATION

Name of the Distribution Licencee1
An invitation for supply of power on long-term basis.

Name of Distribution Licencee invites proposals to supply x2 MW of power at the generator switchyard bus-bar3 for the
Distribution Licencee(s) in the state(s) of India. The Bidder can submit Bids for any capacity within a range of 0.9 [x] MW to
1.1 [x] MW. Bidder should have adequate technical experience and financial capability4 to supply the power.
Task Completed5: The distribution licensee(s) has started development of the project at [location] and has completed
the following task:
1. Site identification and land acquisitioned required for the project
2. Environment clearance
3. Fuel linkage with Coal Mine
4. Water linkage
Transfer of Project Site: The project site will be transferred to the successful Bidder at a price of Rs [ ] Crore to
implement the project after signing of Agreement [and the same site along with all the assets built as part of the project will be
transferred back to the distribution licensee(s) at the end of the term of PPA. The Bidder as part of the Bid should submit the
terminal value for transferring the assets back to the distribution licensee(s) at the end of the term of the PPA]6. The
responsibility of the Resettlement & Rehabilitation lies with the Distribution Licencee(s).
Commencement of supply: The Bidder shall have to commence supply by aa7 months from the signing of the
PPA, with a notice period of 3 months.
Clearances, consents and permits8: The Bidder shall be responsible for obtaining all the necessary clearances
and permits required for completion and operation of the project during the term of PPA, other than what is relevant to the
task completed by the Procurer (as listed above)
Purchase of power: Name of the Distribution Licencee(s) would retain dispatch rights on the contracted capacity of
the power station, which has been allocated to it. The term of the PPA shall be of z9 years
Tariff: The tariff shall be payable in Indian Rupees. Bidders shall quote the tariff as per the pre-specified structure,
which will be mentioned in RFP.
RFQ document: Interested parties can collect the RFQ document containing the Model PPA proposed to be entered
into with the successful Bidder, along with the detail information required to be submitted by the Bidder, in person against a
non-refundable payment of Rs. xy 10 in the form of a Demand draft in favor of “Name of the Authorized Person of the
Distribution Licencee(s)”. The draft should be submitted at the (address) and the RFQ document can be collected
accordingly. The Bid documents will be available for sale on all working days between 10.00 hrs and 16.30 hrs11 during the
following dates. Any correspondence/query should be forwarded to the above address. The timetable12 for the Bid process
is as follows:

Date Event
T0 Commencement of Sale of RFQ documents
T0 + 15 days Last date of Sale of RFQ documents
T0 + 60 days Submission of Responses to RFQ
T0 + 90 days Short listing based on responses to RFQ and issuance of RFP
T0 + 150 days Bid clarification, Pre Bid conferences etc.
T0 + 180 days Final clarification and revision of RFP
T0 + 360 days Submission of Technical and Price Bids
T0 + 390 days Short listing of Successful Bidder and issue of LOI
T0 + 425 days Signing of Agreement

If any of the dates mentioned above is declared a public holiday, the deadline will be the next working day.
The RFQ documents are not transferable.
Name, Address and Contact details (Phone, fax, E-mail ID)of the
Authorized Person of the Distribution Licencee(s)

1
In case the bid process is carried out by the Authorized Representative, the same shall be suitably substituted in the RFQ and RFP
2
Net capacity at the generation switchyard
3
Or any other delivery point mentioned in RFP
4
The Procurer needs to specify these criteria in accordance with the principles defined in the RFQ document.
5
This list is only with respect to development of coal-based power plant. For Hydro power plants other activities like requisite Hydrological,
geological and seismological data necessary for preparation of Detailed Project Report (DPR) should be included in this list.
6
The description in bracket are applicable in case of Hydro plants.
7
Needs to be decided by the Distribution Licencee(s) and it shall ordinarily be not less than 48 months.
8
The responsibility of obtaining clearances for transmission network and evacuation of power can be either of Distribution LicenceeDistribution
Licencee(s) or the Bidder and the same shall be mentioned clearly Distribution Licenceein the RFP.
9
The PPA term will be decided by each Procurer and it should generally coincide with the expected operating life of the project. The expected
operating life of the project is estimated to be 15 years for gas/liquid fuel based projects, 25 years for coal based projects and 35 years for hydro
projects.
10
To be decided by each Distribution Licencee at the time of issuance of the RFQ
11
Time frame mentioned above is only indicative and each Distribution Licencee may like to put its own time frame at the time of issuance of the
RFQ
12
It’s a tentative timetable which need to be finalized by the Distribution Licencees(s) or their Authorized Representative

Name of the Distribution Licencee 4

 Standard RFQ for long-term Power Procurement under Case 2

Table of Contents
1. INTRODUCTION...................................................................................................................................9
1.1 NAME OF THE DISTRIBUTION LICENCEE OR THE SPECIAL PURPOSE VEHICLE (SPV) OR THE AUTHORISED
REPRESENTATIVE (HEREINAFTER TO BE REFERRED AS THE “PROCURER ” OR THE “LEAD PROCURER ”), ACTING
THROUGH THE NAME OF THE OFFICE , ADDRESS ON BEHALF OF THE PARTICIPATING NAME OF THE DISTRIBUTION
LICENCEE(S), (HEREINAFTER TO BE REFERRED AS THE “PROCURERS ”), WISHES TO INVITE BIDS FOR PURCHASE OF
POWER ON A LONG-TERM BASIS .................................................................................................................9
1.2 FOR THE PURPOSE OF THIS DOCUMENT THE:...........................................................................................9
1.2.1 Lead Procurer will be defined as the Procurer designated by the Procurers to undertake the
purchase of power on their behalf. ......................................................................................................9
1.2.2 SPV will be defined as a separate legal company established under the Indian laws by the
Distribution Licencees to purchase the power on long-term basis. ....................................................9
1.2.3 Authorized Representative will be defined as the body corporate designated by the
Distribution Licencees to carry out the whole Bid process for the selection of the Bidder, on their
behalf. ...................................................................................................................................................9
1.2.4 Authorized Person will be defined as the person designated by the Distribution Licencee,
SPV or the Lead Procurer or the Authorized Representative to represent the procurer in its
dealings with the Bidder or the Bidding Consortium as well as with the participating Distribution
Licencees. The person shall be authorized to perform all tasks such as providing information,
responding to enquiry, issuing clarifications, calling, calling pre-Bid conference, issue
advertisements for RFQ and RFP, coordination with the participating Distribution Licencees etc.
.............................................................................................................................................................10
1.3 THE OBJECTIVE OF THIS BIDDING PROCESS IS TO IDENTIFY BIDDERS FOR SUPPLY OF MINIMUM A MW AND
MAXIMUM B MW OF POWER FOR A PERIOD OF Z YEARS . THE SUCCESSFUL BIDDERS SHALL ENTER INTO A POWER
PURCHASE AGREEMENT (PPA) AS DETAILED OUT IN THE MODEL PPA FORMING PART OF THIS DOCUMENT. FURTHER
ANY UPDATE/AMENDMENT/SUPPLEMENTARY , IF ANY DETAILS ABOUT THE BIDDING PROCESS , THE PROJECT AND THE
PPA SHALL BE PROVIDED IN THE RFP DOCUMENT IN ACCORDANCE WITH GUIDELINES FOR DETERMINATION OF TARIFF
BY BIDDING PROCESS , AFTER OBTAINING APPROVAL OF THE APPROPRIATE REGULATORY COMMISSION, IF SUCH
APPROVAL IS REQUIRED UNDER LAW..........................................................................................................10
1.4 BRIEF INTRODUCTION OF THE PROCURER , THE PURPOSE OF PROCUREMENT OF POWER AND SUMMARY OF THE
FINANCIAL CAPABILITY OF THE PROCURER . DETAILS OF THE PROCURER CONTAINING FOLLOWING INFORMATION IS
ENCLOSED SEPARATELY AS ANNEXURE-1 ..................................................................................................10

LAST THREE YEARS OF THE AUDITED ACCOUNTS.................................................................10

1.5 A DULY SIGNED COPY OF THE JOINT DEED AGREEMENT AMONG THE PARTICIPATING PROCURERS CLEARLY
INDICATING THE RESPONSIBILITIES OF EACH PROCURER IN THE BIDDING PROCESS IS ENCLOSED AS ANNEXURE-2.
LETTER OF CONSENTS FROM ALL THE PROCURERS STATING THAT THE ENTIRE BID DOCUMENT HAS BEEN REVIEWED
AND EACH KEY ELEMENT OF THE BID DOCUMENT IS AGREED TO IS ALSO ENCLOSED IN THE ANNEXURE-3................11
1.6 ACCORDINGLY, THE PROCURER SEEKS TO SELECT COMPETENT, EXPERIENCED AND CAPABLE PARTY OR A
CONSORTIUM OF PARTIES (HEREINAFTER REFERRED TO AS "BIDDERS ") WHO HAVE THE NECESSARY TECHNICAL
COMPETENCE , EXPERIENCE AND FINANCIAL STRENGTH FOR SUPPLY OF POWER ON A LONG-TERM BASIS . T HE PROCURER
INVITES RESPONSES FROM COMPANIES EITHER AS SOLE BIDDER OR IN THE FORM OF A CONSORTIUM FOR SUPPLY OF
POWER ...............................................................................................................................................11
1.7 THE PROCURER HAS STARTED DEVELOPMENT OF THE PROJECT AT [LOCATION] AND HAS COMPLETED THE
FOLLOWING:........................................................................................................................................11
1.8 THE PROCURER WILL TRANSFER THE PROJECT SITE TO THE SUCCESSFUL BIDDER AT A PRICE OF RS [ ] CRORE TO
IMPLEMENT THE PROJECT AFTER SIGNING OF AGREEMENT . [THE SAME SITE ALONG WITH ALL THE ASSETS BUILDS AS
PART OF THE PROJECT WILL BE TRANSFERRED BACK TO THE PROCURER AT THE END OF THE TERM OF PPA. THE
BIDDER AS PART OF THE BID SHOULD SUBMIT THE TERMINAL VALUE FOR TRANSFERRING THE ASSETS BACK TO THE
PROCURER AT THE END OF THE TERM OF THE PPA] .THE RESPONSIBILITY OF THE RESETTLEMENT & REHABILITATION
LIES WITH THE PROCURER . ....................................................................................................................11
1.9 ALL BIDDERS ARE REQUIRED TO SUBMIT INFORMATION IN ACCORDANCE WITH THE GUIDELINES SET FORTH IN THIS
BID DOCUMENT. BIDDERS SHOULD PROVIDE INFORMATION SOUGHT HEREIN IN ORDER TO SATISFACTORILY ESTABLISH
THEIR COMPETENCE AND SUITABILITY FOR EXECUTING THE PROJECT . ...............................................................12
1.10 THE CONTRACTED POWER SHALL BE SOLD ONLY TO THE PROCURER AS PER THE TERMS AND CONDITIONS OF A
POWER PURCHASE AGREEMENT (PPA). THE MODEL PPA IS ATTACHED IN ANNEXURE 5. SUCH MODEL PPA MAY
BE MODIFIED IN ACCORDANCE WITH GUIDELINES FOR DETERMINATION OF T ARIFF BY BIDDING PROCESS .T HE

Name of the Distribution Licencee 5

 Standard RFQ for long-term Power Procurement under Case 2

PROCURER WOULD RETAIN DISPATCH RIGHTS OVER THE CONTRACTED CAPACITY OF THE GENERATING STATION, DURING
THE TERM OF THE PPA, WHICH HAS BEEN ALLOCATED TO IT BY THE SELECTED BIDDER......................................12
1.11 THE RESPONSES TO RFQ SHALL BE VALID FOR NOT LESS THAN SIX (6) MONTHS FROM THE LAST DATE OF
SUBMISSION .........................................................................................................................................12
1.12 BRIEF INFORMATION ON THE COAL BLOCK IN CASE THE SAME HAS BEEN PROVIDED BY THE PROCURER ............12
2. INFORMATION AND INSTRUCTION TO BIDDERS...................................................................13
2.1 QUALIFYING CRITERIA.....................................................................................................................13
2.1.1 The terms used in this document have the same meaning as defined in the Model PPA
provided as Annexure 5 of this document..........................................................................................13
2.1.2 Bidders should have adequate technical experience and adequate financial capability to
execute the project..............................................................................................................................13
2.1.3 The Bidder must fulfill following minimum financial requirements ........................................13
2.1.4 The Bidder must have experience of developing projects (not necessarily in the power sector)
in the last 10 years whose aggregate capital costs must not be less than the amount equivalent to
Rs. 0.75 Crore per MW of the capacity offered by the Bidder. Out of these projects, the capital
cost of at least one project should be equivalent or more than Rs. 0.125 Cr. Per MW of the
capacity offered. For this purpose, capital expenditure on projects that have been completed at
least 7 (seven) days before the RfQ submission date shall be considered. ......................................14
2.1.5 Bidders shall furnish documentary evidence duly certified by qualified auditors in support of
their financial capability and technical experience as defined in 2.1.3 and 2.1.4 respectively. ......14
2.1.6 In case the fuel is to be procured by the Bidder, the Bidder shall submit a comfort letter from
a fuel supplier for fuel linkage for the entire term of the PPA at the time of submission of proposal
in response to the RFP. .......................................................................................................................14
2.2 PURCHASE OF POWER BY THE PROCURER.............................................................................................14
2.2.1 Procurer plans to procure power to the extent of x MW. The power shall be delivered at the
generator switchyard bus-bar The Normative Availability required to be met by the Bidder, over
and above which incentives shall be paid, shall be 80%. The Normative Availability should align
to the Minimum Off-take Guarantee of the Procurer.........................................................................14
2.3 COLLECTION OF RFQ DOCUMENT .....................................................................................................14
2.3.1 The Bidders can collect the RFQ document in person against payment of Rs [ ] in the form
of a Demand draft in favor of “Name of the Procurer”. The draft should be submitted at the
address of the Procurer’s office and RFQ can be collected. The RFQ document will be available
for sale on all working days from _________ to _________ between 10.00 hrs and 16.30 hrs......14
2.4 INFORMATION REQUIRED..................................................................................................................15
2.4.1 The information in response to this RFQ will be submitted by the Bidder as per the
Annexures attached in this document. The information to be submitted for this volume is specified
in Chapter 4 (Formats of Application) of this document...................................................................15
2.4.2 Strict adherence to the formats wherever specified, is required. Wherever, information has
been sought in specified formats, the Bidder shall refrain from referring to brochures/ pamphlets.
Non-adherence to formats and/ or submission of incomplete information may be grounds for
declaring the Bid non-responsive. Each format has to be duly signed and sealed by the Bidder....15
2.4.3 The Bidder should note that:.....................................................................................................15
2.5 SUBMISSION OF PROPOSAL BY THE BIDDER...........................................................................................15
2.5.1 In case of Bids submitted by a consortium of Bidding companies: .........................................15
2.5.2 In case of Bids submitted by a Bidding company......................................................................16
2.5.3 The Bidder must furnish the relevant details of experience to meet the qualifying criteria in
para 2.1.1.3 A which shall include name and address of the project, its configuration and capital
cost, date of completion etc................................................................................................................16
2.6 DUE DATES...................................................................................................................................16
2.6.1 The Bidder should submit the response so as to reach the following address by 12.30 hrs on
_________:..........................................................................................................................................16
2.6.2 Important deadlines are mentioned below:...............................................................................17
2.7 METHOD OF SUBMISSION..................................................................................................................17
2.7.1 The responses are to be submitted in a sealed envelope which should be transcripted in the
following way;.....................................................................................................................................17
2.7.2 This envelope should also contain a covering letter as per the format provided in Annexure 4
of this document..................................................................................................................................17
2.7.3 The Bidder has the option of sending his response by registered post or submitting the Bid in
person so as to reach the Procurer at the designated address by the time and date stipulated by the

Name of the Distribution Licencee 6

 Standard RFQ for long-term Power Procurement under Case 2

Procurer. Responses submitted by telex/ telegram/ fax shall not be considered under any
circumstances. The Procurer shall not be responsible for any delay in receipt of the Bids. Any
response received by the Procurer after the deadline for submission of the responses stipulated by
the Procurer shall not be opened.......................................................................................................17
2.7.4 All pages of the response submitted must be initialed by the authorized signatories on behalf
of the Bidder........................................................................................................................................17
2.7.5 The response shall be submitted in one original + ___copies (placed in one envelope as
mentioned in Article 2.7.1). No change or supplemental information to a proposal will be accepted
after the scheduled time of submission of Bid. The Procurer reserves the right to seek additional
information from the Bidders, if found necessary, during the course of evaluation of the proposal.
.............................................................................................................................................................17
2.7.6 If the envelope is not sealed and not marked as per the requirement, the Procurer will
assume no responsibility for the Bid's misplacement or premature opening. .............................17
2.8 PREPARATION COST ........................................................................................................................18
2.8.1 The Bidder shall be responsible for all the costs associated with the preparation of the
response and participation in discussions. Procurer shall not be responsible in any way for such
costs, regardless of the conduct or outcome of this process. ............................................................18
2.8.2 Bidders may note that ...............................................................................................................18
2.9 ENQUIRIES ...................................................................................................................................18
3. EVALUATION CRITERIA.................................................................................................................19
3.1 THE BID EVALUATION PROCESS COMPRISES OF THE FOLLOWING TWO STEPS :................................................19
3.2 STEP I - RESPONSIVENESS CHECK......................................................................................................19
3.2.1 The Bids submitted by the Bidder shall be initially scrutinized to establish “Responsiveness”.
The following conditions shall cause the Bid to be “Non-responsive”:............................................19
3.3 STEP II - BIDDER EVALUATION..........................................................................................................19
3.3.1 Step II (Bidder evaluation) will be carried out considering the information furnished by
Bidders as prescribed under Chapter 4 - Format of Application. This step would involve financial
evaluation of the Bidding Company and Bidding Consortium. ........................................................19
3.3.2 The Bidding Company or Bidding Consortium must fulfill the minimum technical and
financial requirement mentioned in the para 2.1.3 and 2.1.4...........................................................19
3.3.3 If a Bid is submitted by Bidding Company, technical experience and financial parameters of
Bidding Company only shall be considered. If the Bid is submitted by a Bidding Consortium, then
.............................................................................................................................................................20
4. FORMAT OF APPLICATION............................................................................................................21
4.1 THIS CHAPTER PRESCRIBES THE FORMATS FOR SUBMISSION OF INFORMATION TO ENSURE THAT INFORMATION AND
DATA COLLECTED FROM EACH BIDDER WOULD BE INTERPRETED IN A CONSISTENT MANNER . HENCE IT IS REQUIRED
THAT ALL BIDDERS SHOULD SUBMIT INFORMATION AS PER THE FORMATS INDICATED BELOW.................................21
4.2 BIDDER INFORMATION ........................................................................................................21
4.2.1 Definitions..................................................................................................................................21
4.2.2 The formats required by the Bidder under Bidder information is attached as Annexure 3 to
this document. The Bidder is required to provide following information:........................................21
4.2.3 Information about the company/consortium.............................................................................21
ANNEXURE 1...........................................................................................................................................24

ENCLOSURES-1: LAST THREE AVAILABLE ANNUAL AUDITED ACCOUNTS .................25

ANNEXURE 2...........................................................................................................................................26

ANNEXURE 3...........................................................................................................................................30

ANNEXURE 4...........................................................................................................................................31

ANNEXURE 5...........................................................................................................................................33

ANNEXURE 6...........................................................................................................................................35

ANNEXURE 7...........................................................................................................................................36

Name of the Distribution Licencee 7

 Standard RFQ for long-term Power Procurement under Case 2

Name of the Distribution Licencee 8

 Standard RFQ for long-term Power Procurement under Case 2

1. INTRODUCTION

1.1 Name of the Distribution Licencee or the Special Purpose Vehicle (SPV)
or the Authorised Representative (hereinafter to be referred as the “Procurer”
or the “Lead Procurer”), acting through the Name of the Office, Address on
behalf of the participating name of the Distribution Licencee(s), (hereinafter to
be referred as the “Procurers”), wishes to invite Bids for purchase of power on
a long-term basis.

1.2 For the purpose of this document the:

1.2.1 Lead Procurer will be defined as the Procurer designated by the

Procurers to undertake the purchase of power on their behalf.

1.2.2 SPV13 will be defined as a separate legal company established under the
Indian laws by the Distribution Licencees to purchase the power on long-term
basis.

1.2.3 Authorized Representative will be defined as the body corporate

designated by the Distribution Licencees to carry out the whole Bid process for
the selection of the Bidder, on their behalf.

13
Formation of SPV would be a preferable way of purchase of power on long term. However, creation of SPV
would be at the discretion of the Distribution Licencees.

Name of the Distribution Licencee 9

 Standard RFQ for long-term Power Procurement under Case 2

1.2.4 Authorized Person will be defined as the person designated by the

Distribution Licencee, SPV or the Lead Procurer or the Authorized
Representative to represent the procurer in its dealings with the Bidder or the
Bidding Consortium as well as with the participating Distribution Licencees. The
person shall be authorized to perform all tasks such as providing information,
responding to enquiry, issuing clarifications, calling, calling pre-Bid conference,
issue advertisements for RFQ and RFP, coordination with the participating
Distribution Licencees etc.

1.3 The objective of this Bidding process is to identify Bidders for supply of
minimum A MW and maximum B MW of power for a period of z14 years. The
successful Bidders shall enter into a Power Purchase Agreement (PPA) as
detailed out in the Model PPA forming part of this document. Further any
update/amendment/supplementary, if any details about the Bidding process,
the Project and the PPA shall be provided in the RFP document in accordance
with Guidelines for Determination of Tariff by Bidding Process, after obtaining
approval of the appropriate regulatory commission, if such approval is required
under law.

1.4 Brief introduction of the Procurer, the purpose of procurement of power

and summary of the financial capability of the Procurer. Details of the Procurer
containing following information is enclosed separately as Annexure-1

• Last three years of the Audited accounts

• Last three years Aggregate Technical and Commercial Losses
• Details Regarding existing tariff structure, consumer base etc
• Business Forecast15)

14
The PPA Term will be decided by each Distribution Licencee and it should be greater than the sum of the period
between PPA signing and Scheduled Commercial Operation Date of the plant ; and seven (7) years. It is advisable
to go for PPA term coinciding with the life of the project. It is advisable to go for PPA term coinciding with the
life of the project. The expected life project is estimated to be 15 years for gas/liquid fuel based projects, 25 years
for coal based projects and 35 years for hydro projects
15
This information may be submitted at the RFP stage at the discretion of the Procurer

Name of the Distribution Licencee 10

 Standard RFQ for long-term Power Procurement under Case 2

1.5 A duly signed copy of the Joint Deed Agreement16 among the
participating Procurers clearly indicating the responsibilities of each Procurer in
the Bidding process is enclosed as Annexure-2. Letter of Consents17 from all
the Procurers stating that the entire Bid document has been reviewed and each
key element of the Bid document is agreed to is also enclosed in the Annexure-
3.

1.6 Accordingly, the Procurer seeks to select competent, experienced and

capable party or a consortium of parties (hereinafter referred to as "Bidders")
who have the necessary technical competence, experience and financial
strength for supply of power on a long-term basis. The Procurer invites
responses from companies either as sole Bidder or in the form of a consortium
for supply of power.

1.7 The Procurer has started development of the project at [location]18 and
has completed the following19:
1. Site identification and land acquisitioned required for the project
2. Obtaining environment clearance
3. Tying up fuel linkage with Coal Mine
4. Tying up water linkage

1.8 The Procurer will transfer the project site to the successful Bidder at a
price of Rs [ ] Crore to implement the project after signing of Agreement. [The
same site along with all the assets builds as part of the project will be transferred
back to the Procurer at the end of the term of PPA. The Bidder as part of the Bid
should submit the terminal value for transferring the assets back to the Procurer
at the end of the term of the PPA]20 .The responsibility of the Resettlement &
Rehabilitation lies with the Procurer.

16
Distribution LicenceeIn the event of Distribution Licencees appointing a body corporate as their
Authorized Representative, they shall issue an irrevocable letter of authorization, instead of a Joint
Deed, to the Authorized Representative to carry out the whole bid process on their behalf. Distribution
Licencee
17
Distribution Licencee. In the event of Distribution Licencees appointing a body corporate as their
Authorized Representative, they shall issue an irrevocable letter of authorization to the Authorized
Representative to carry out the whole bid process on their behalf. The terms and conditions agreed by
the Authorized Representative during the bid process shall be binding on all the participating
Distribution Licencees.
18
Procurer may provide other relevant details of the proposed project in this section
19
This list is only with respect to development of coal-based power plant. For Hydro power plants
other activities like requisite Hydrological, geological and seismological data necessary for preparation
of Detailed Project Report (DPR) should be included in this list. Moreover, depending on the structure
of the project, the Procurer needs to customize this list.
20
The description is bracket is only applicable in case for Hydro plants

Name of the Distribution Licencee 11

 Standard RFQ for long-term Power Procurement under Case 2

1.9 All Bidders are required to submit information in accordance with the
guidelines set forth in this Bid document. Bidders should provide information
sought herein in order to satisfactorily establish their competence and suitability
for executing the project.

1.10 The contracted power shall be sold only to the Procurer as per the terms
and conditions of a Power Purchase Agreement (PPA). The Model PPA is
attached in Annexure 5. Such Model PPA may be modified in accordance with
Guidelines for Determination of Tariff by Bidding Process.The Procurer would
retain dispatch rights over the contracted capacity of the generating station,
during the term of the PPA, which has been allocated to it by the selected
Bidder.

1.11 The responses to RFQ shall be valid for not less than six (6) months
from the last date of submission.

1.12 Brief information on the coal block in case the same has been provided
by the Procurer

Name of the Distribution Licencee 12

 Standard RFQ for long-term Power Procurement under Case 2

2. INFORMATION AND INSTRUCTION TO BIDDERS

2.1 Qualifying Criteria

2.1.1 The terms used in this document have the same meaning as defined in
the Model PPA provided as Annexure 5 of this document.

2.1.2 Bidders should have adequate technical experience and adequate

financial capability to execute the project.

2.1.3 The Bidder must fulfill following minimum financial requirements

i. Internal Resource Generation: Equal to at least Rs. 0.30 Crore
or equivalent US$21 per MW of the capacity offered by the Bidder
computed as cumulative internal resource generated during last five
years business operations;
ii. Networth: Rs. 0.50 Crore or equivalent US$ per MW of the
capacity offered by the Bidder, if the total capacity offered by the Bidder
does not exceed 2000 MW. In case the total capacity offered exceeds
2000 MW the Networth requirement shall be Rs. 1000 Crore or Rs.
0.25 Crore per MW or equivalent US$ of the capacity offered by the
Bidder, whichever is higher. The above computation shall be derived
from any of the past three years annual accounts.
iii. Annual Turnover: Rs. 1.20 Crore or equivalent US$ per MW of
the capacity offered by the Bidder, if the total capacity offered by the
Bidder does not exceed 2000 MW. In case the capacity offered by the
Bidder exceeds 2000 MW, the annual turnover requirement shall be Rs.
2400 Crore or Rs. 0.60 Crore or equivalent US$ per MW of the capacity
offered by the Bidder, whichever is higher. The above computation shall
be derived from any of the past three years annual accounts

Above financial parameter shall be defined and computed in following

manner by the Bidder:

• Internal Resources Generation

= Profit After Tax (PAT)
Add: Depreciation and Amortization
Add: Any other non cash expenditure
Subtract: Loan repayments, dividends and
increase in working capital margin

• Networth
= Equity share capital
Add: Reserves
21
The US$-Indian Rupee Exchange rate shall be considered as the corresponding TT buying rate
specified by the State Bank of India seven days before the last date of submission for the Bidders as
stated in the RFQ document.

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 Standard RFQ for long-term Power Procurement under Case 2

Subtract: Revaluation Reserves

Subtract: Intangible Assets
Subtract: Miscellaneous Expenditures to the
extent not written off and carry forward
losses
• Annual Turnover : Annual Gross Revenue Earned by the
Bidder

2.1.4 The Bidder must have experience of developing projects (not necessarily
in the power sector) in the last 10 years whose aggregate capital costs must
not be less than the amount equivalent to Rs. 0.75 Crore per MW of the
capacity offered by the Bidder. Out of these projects, the capital cost of at least
one project should be equivalent or more than Rs. 0.125 Cr. Per MW of the
capacity offered. For this purpose, capital expenditure on projects that have
been completed at least 7 (seven) days before the RfQ submission date shall
be considered.

2.1.5 Bidders shall furnish documentary evidence duly certified by qualified

auditors in support of their financial capability and technical experience as
defined in 2.1.3 and 2.1.4 respectively.

2.1.6 In case the fuel is to be procured by the Bidder, the Bidder shall submit a
comfort letter from a fuel supplier for fuel linkage for the entire term of the PPA
at the time of submission of proposal in response to the RFP.

2.2 Purchase of power by the Procurer

2.2.1 Procurer plans to procure power to the extent of x MW. The power shall
be delivered at the generator switchyard bus-bar The Normative Availability
required to be met by the Bidder, over and above which incentives shall be
paid, shall be 80%22. The Normative Availability should align to the Minimum
Off-take Guarantee of the Procurer.

2.3 Collection of RFQ document

2.3.1 The Bidders can collect the RFQ document in person against payment of
Rs [ ]23 in the form of a Demand draft in favor of “Name of the Procurer”. The
draft should be submitted at the address of the Procurer’s office and RFQ can
be collected. The RFQ document will be available for sale on all working days
from _________ to _________ between 10.00 hrs and 16.30 hrs24

22
To be decided by the Procurer in line with the contemporary regulatory norms. Normative
Availability shall be replaced with Normative index in case of hydel plant
23
To be decided by each Procurer
24
Time frame mentioned above is only indicative and each Procurer may like to put its own time frame
at the time of issuance of the bid document

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 Standard RFQ for long-term Power Procurement under Case 2

2.4 Information Required

2.4.1 The information in response to this RFQ will be submitted by the Bidder
as per the Annexures attached in this document. The information to be
submitted for this volume is specified in Chapter 4 (Formats of Application) of
this document

2.4.2 Strict adherence to the formats wherever specified, is required.

Wherever, information has been sought in specified formats, the Bidder shall
refrain from referring to brochures/ pamphlets. Non-adherence to formats and/
or submission of incomplete information may be grounds for declaring the Bid
non-responsive. Each format has to be duly signed and sealed by the Bidder.

2.4.3 The Bidder should note that:

a) If the Bidder deliberately gives wrong information in its response
to RFQ in order to create circumstances for the acceptance of its
Bid, the Procurer reserves the right to reject such Bid and/ or cancel
the award, if made.
b) Responses submitted by the Bidder shall become the property
of the Procurer and the Procurer shall have no obligation to return
the same to the Bidder.

2.5 Submission of proposal by the Bidder

2.5.1 In case of Bids submitted by a consortium of Bidding companies:

2.5.1.1 The submitted proposal must mention the lead member and the
lead member should designate one person to represent the consortium in its
dealings with the Procurer. The person should be authorized to perform all
tasks including, but not limited to providing information, responding to
enquiries, entering into contractual commitment on behalf of the consortium,
etc.

2.5.1.2 The submitted proposal shall contain a Joint Deed Agreement

entered into between the consortium members, clearly indicating the
responsibilities of each consortium member, in the proposed power supply to
Procurer. Each member of the consortium shall duly sign the Joint Deed
Agreement, making each of the consortium members, individually liable for
raising the required funds. In absence of such a document, the Bid would not
be considered for evaluation and will be rejected.

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 Standard RFQ for long-term Power Procurement under Case 2

2.5.1.3 The submitted proposal should also contain signed letters (“Letter
of Consent”) submitted by each member of the consortium, stating that the
entire proposal has been reviewed and each element of the proposal is agreed
to and stating the investment commitment for the envisaged project. Any
substantive exception should be addressed in the letter.

2.5.1.4 Any other request for change in the membership of the

consortium, or in responsibilities, or in equity commitments of any consortium
member is allowed, however, such change must be communicated to Procurer
in writing for its approval. Procurer reserves the right to cancel the Award of
project to the consortium, which in its opinion adversely affects the consortium
strength and doesn’t meet the qualification criterion as mentioned in this
document. Accordingly the Bank Guarantee submitted by the Bidder as bid
bond in accordance to RFP shall be forfeited in such cases.

2.5.2 In case of Bids submitted by a Bidding company

2.5.2.1 The Bidding Company should designate one person to represent

the Bidding Company in its dealings with Procurer. The person should be
authorized to perform all tasks including, but not limited to providing
information, responding to enquiries, etc.

2.5.2.2 Bidding Company should provide for the Board Resolution

committing the at least [ %] of equity requirement. Any request for change in
the promoters of the Bidding Company, or in responsibilities, or in equity
commitments of any promoters is allowed, however, such change must be
communicated to Procurer in writing. The Procurer reserves the right to cancel
the award of project and invoke the Bank Guarantee submitted by the Bidding
Company as bid bond in accordance to RFP, in case of its opinion, such
change adversely affects the Bidding Company’s strength and doesn’t meet the
qualification criteria as mentioned in this document.

2.5.3 The Bidder must furnish the relevant details of experience to meet the
qualifying criteria in para 2.1.1.3 A which shall include name and address of the
project, its configuration and capital cost, date of completion etc.

2.6 Due dates

2.6.1 The Bidder should submit the response so as to reach the following
address by 12.30 hrs on _________:

Name and Address of the Authorized Person

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 Standard RFQ for long-term Power Procurement under Case 2

2.6.2 Important deadlines25 are mentioned below:

Date Event
T0 Commencement of Sale of RFQ documents
T0 + 15 days Last date of Sale of RFQ documents
T0 + 60 days Submission of Responses to RFQ
T0 + 90 days Short listing based on responses to RFQ and issuance of RFP
T0 + 150 days Bid clarification, Pre-Bid conferences etc.
T0 + 180 days Final clarification and revision of RFP
T0 + 360 days Submission of Technical and Price Bid s
T0 + 390 days Short listing of Successful Bidder and issue of LOI
T0 + 425 days Signing of Agreement

2.7 Method of submission

2.7.1 The responses are to be submitted in a sealed envelope which should

be transcripted in the following way;
“Bid for supply of power to Procurer”
“Name of the Office”
“Name of the Bidder ”
“Bidder Information”

2.7.2 This envelope should also contain a covering letter as per the format
provided in Annexure 4 of this document.

2.7.3 The Bidder has the option of sending his response by registered post or
submitting the Bid in person so as to reach the Procurer at the designated
address by the time and date stipulated by the Procurer. Responses submitted
by telex/ telegram/ fax shall not be considered under any circumstances. The
Procurer shall not be responsible for any delay in receipt of the Bids. Any
response received by the Procurer after the deadline for submission of the
responses stipulated by the Procurer shall not be opened.

2.7.4 All pages of the response submitted must be initialed by the authorized
signatories on behalf of the Bidder.

2.7.5 The response shall be submitted in one original + ___copies 26 (placed in

one envelope as mentioned in Article 2.7.1). No change or supplemental
information to a proposal will be accepted after the scheduled time of
submission of Bid. The Procurer reserves the right to seek additional
information from the Bidders, if found necessary, during the course of
evaluation of the proposal.

2.7.6 If the envelope is not sealed and not marked as per the requirement, the
Procurer will assume no responsibility for the Bid's misplacement or premature
opening.

These are indicative dates

25

To be specified by respective Procurer

26

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 Standard RFQ for long-term Power Procurement under Case 2

2.8 Preparation cost

2.8.1 The Bidder shall be responsible for all the costs associated with the
preparation of the response and participation in discussions. Procurer shall not
be responsible in any way for such costs, regardless of the conduct or outcome
of this process.

2.8.2 Bidders may note that

• All the information should be submitted in English language only.
• Bidders shall mention the name of the contact person and complete
address of the Bidder in the covering letter.
• Responses that are incomplete, which do not substantially meet the
requirements prescribed in this RFQ, will be rejected by the Procurer.
• Responses containing incomplete information in the specified formats
would be liable for rejection.
• All pages of the responses submitted must be initialed by the authorized
signatories on behalf of the Bidder.
• Bidders delaying in submission of additional information or clarifications
sought may be liable for rejection.
• If the Bidder makes any claim in response to this RFQ, which does not
reflect the truth or is material misrepresentation of facts, then the Bid would be
liable for rejection.
• Procurer reserves the right to reject all or any of the responses without
assigning any reasons whatsoever.

2.9 Enquiries

Clarifications could be sought from:

Name of the Authorized Person Phone(Off):

Address of the Office Fax :
E-mail:

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 Standard RFQ for long-term Power Procurement under Case 2

3. EVALUATION CRITERIA

3.1 The Bid evaluation process comprises of the following two steps:

1.Step I – Responsiveness and prerequisites check

2. Step II – Bidder evaluation

3.2 Step I - Responsiveness check

3.2.1 The Bids submitted by the Bidder shall be initially scrutinized to establish
“Responsiveness”. The following conditions shall cause the Bid to be “Non-
responsive”:
 Responses not received by the due date
 Sufficient information not submitted for the Bid to be evaluated
and/or information not submitted in specified formats (Annexure 4)
 Bid not signed by authorised signatory and / or sealed in the
manner and to the extent indicated in this Invitation for Bids
 Bid not including the covering letter as per format in Annexure 5
 Bid submitted by a Bidding Consortium not including the Joint Deed
Agreement
 Bid submitted by a Bidding Company not including the Board
Resolution
 A firm shall submit only one Bid in the same Bidding process, either
individually as Bidding Company or as a Member of a Bidding Consortium. No
firm can be a subcontractor while submitting a Bid individually or as a party of a
joint venture or Bidding Consortium in the same Bidding process. A firm, if
acting in the capacity of Subcontractor in any Bid, may participate in more than
one Bid, but only in that capacity. A Bidder who submits, or participates in,
more than one Bid will cause all the proposals in which the Bidder has
participated to be disqualified.

3.3 Step II - Bidder evaluation

3.3.1 Step II (Bidder evaluation) will be carried out considering the information
furnished by Bidders as prescribed under Chapter 4 - Format of Application.
This step would involve financial evaluation of the Bidding Company and
Bidding Consortium.

3.3.2 The Bidding Company or Bidding Consortium must fulfill the minimum
technical and financial requirement mentioned in the para 2.1.3 and 2.1.4.

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 Standard RFQ for long-term Power Procurement under Case 2

3.3.3 If a Bid is submitted by Bidding Company, technical experience and

financial parameters of Bidding Company only shall be considered. If the Bid is
submitted by a Bidding Consortium, then
i. The financial parameters of each Member in Bidding Consortium
shall be arrived at in proportion to the investment commitment by
each of them;

ii. The technical experience criteria should be met by the lead

member of the consortium.

iii. If a Bidding Company or a Member in Bidding Consortium wishes

to take benefit of the technical and financial capability of its parent
company, it will have to submit legally binding undertaking
supported by a board resolution from its parent company that all
financial obligations of its subsidiary shall be deemed to be
financial obligations of the parent company and in the event of
any default the same shall be met by the parent company;

iv. Any company will be required to have at least 51% equity in the
Bidding Company or the Member in Bidding Consortium to be
considered as its parent company. In such a case 100% of the
technical and financial capability of the parent shall be considered
for the purpose of Bid evaluation.

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 Standard RFQ for long-term Power Procurement under Case 2

4. FORMAT OF APPLICATION

4.1 This chapter prescribes the formats for submission of information to

ensure that information and data collected from each Bidder would be
interpreted in a consistent manner. Hence it is required that all Bidders should
submit information as per the formats indicated below.

4.2 BIDDER INFORMATION

4.2.1 Definitions

i) Bidding Company: If the Bid for the proposed project has been made by
a single entity, it has been referred to as a Bidding Company.

ii) Bidding Consortium: If the Bid for the proposed projects has been made
by more than one entity, then this group of entities has been referred to
as a Bidding consortium.

iii) Member in a Bidding Consortium: Each entity in a Bidding Consortium

has been referred as the Member in a Bidding Consortium.

iv) Lead Member of the Bidding Consortium: A company having at least

26% equity stake in the Bidding Consortium.

v) Bidder: Any Reference to the Bidder includes all the above, jointly and
severally, as the context require.

4.2.2 The formats required by the Bidder under Bidder information is attached
as Annexure 3 to this document. The Bidder is required to provide following
information:

4.2.3 Information about the company/consortium

4.2.3.1 For a Bidding Company
i. Last Five year Annual Accounts27 for the calculation of Internal
Resource Generation from Business Operations (consisting of
unabridged Balance Sheet, P&L account, profit appropriation,
Chairman’s speech, Auditors report, etc.).
ii. The Board Resolution of the Bidding Company committing
investment of at least. [ %] of equity requirement.

4.2.3.2 For a Bidding Consortium

i. Name the Lead Member of the consortium {as per Annexure 4}
27
Procurer may suggest a format for submission of such information

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 Standard RFQ for long-term Power Procurement under Case 2

ii. The role of each Member in Bidding Consortium{as per Annexure

4}
iii. A letter of consent from each Member committing a specific
investment.
iv. A signed Joint Deed Agreement between the Members in a
Bidding Consortium {as per Annexure 7}
v. For each Member in Bidding Consortium,
• Last five year Annual Accounts for the calculation of Internal
Resource Generation from Business Operations (consisting of unabridged
Balance Sheet, P&L account, profit appropriation, Chairman’s speech, Auditors
report, etc.).

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 Standard RFQ for long-term Power Procurement under Case 2

Checklist for Bidders

The Bidder may use the following checklist to ensure that the Bid/response/
proposal is complete in all respects:

• Covering Letter
• Joint Deed Agreement between Members in Bidding Consortium
• Letter of consent from all Members in Bidding Consortium. Annual
Reports for last five years for all companies
• Board Resolution
• Initialing of all pages of Bid by authorized signatory
• Executive Summary
• Last year Annual Accounts of Bidding Company or each of the Member
in case of a Bidding Consortium

Please note that the information requirement prescribed above is the minimum
information required from the Bidders. The Bidder may provide additional
information to support and supplement the above.

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 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 1
INFORMATION ON THE PROCURER(S)

INFORMATION ON THE PROCURER (S)

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 Standard RFQ for long-term Power Procurement under Case 2

• ENCLOSURES-1: Last three available Annual Audited

Accounts

• ENCLOSURES-2 : Aggregate Technical and Commercial

Losses for last three years as available

• ENCLOSURE-3: Details Regarding existing tariff structure,

consumer base etc

• ENCLOSURES-4: Business Forecast28

28
This information may be submitted at the RFP stage at the discretion of the Procurer

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 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 2
DRAFT FORMAT OF JOINT DEED AGREEMENT
AMONG THE PARTICIPATING DISTRIBUTION
LICENCEES

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 Standard RFQ for long-term Power Procurement under Case 2

(On Non-Judicial Stamp Paper of Appropriate Value)

FORM OF JOINT DEED AGREEMENT BETWEEN

M/S........................................, M/S.........................................,
M/S..................................... AND M/S...................................
FOR (--------------------)
AS PER SECTION 1.5 OF REQUEST FOR QUALIFICATION (RFQ)
BID DOCUMENT NO. (------------)

THIS Joint Deed Agreement executed on this....................... day of .................. Two

thousand................... between M/s......................................................................... a
company/Board incorporated under the laws of India and a Distribution Licencee under the
Electricity Act 2003 ...................................... and having its Registered Office
at ................................ (hereinafter called the "Procurer-I”, which expression shall include its
successors, executors and permitted assigns) and
M/s.................................................................. a Company/Board incorporated under the laws
of India and a Distribution Licencee under the Electricity Act
2003......................................................... and having its Registered Office
at ............................................................ (hereinafter called the "Procurer-2", which expression
shall include its successors, executors and permitted assigns),
M/s ...................................................................... a Company/Board incorporated under the
laws of India and a Distribution Licencee under the Electricity Act
2003 ......................................................... and having its Registered Office
at ........................................................ (hereinafter called the "Procurer-3", which expression
shall include its successors, executors and permitted assigns) and
M/s.............................................. a Company/Board incorporated under the laws of India and a
Distribution Licencee under the Electricity Act 2003......................................................... and
having its Registered Office at ............................................................ (hereinafter called the
"Procurer-4", which expression shall include its successors, executors and permitted assigns),
for the purpose of procurement of power on long term basis.

WHEREAS, each Procurer individually can be referred as the Procurer and all the Procurers
can be collectively referred to as the Procurers in this agreement;

WHEREAS, the Procurer invited International Bids for Qualification vide its Bidding Document
no (RFQ Document No. )

NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER :

In consideration of the above premises and agreements all the Procurers

in this consortium do hereby mutually agree as follows:
Body of the Joint Deed Agreement shall incorporate clauses pertaining to following key
principles:

1. Willingness to procure power through the combined Bid process.

2. The share of power to be procured by the each Procurer.

3. Agreement on the lead procurer and the task to be performed by the

lead Procurer.

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 Standard RFQ for long-term Power Procurement under Case 2

4. Responsibility of the each Procurer.

5. Methodology of approval of the Bid documents including the evaluation

criteria, PPA provisions, payment security mechanism, amendment to
the Bid documents and methodology for negotiation with the selected
Bidders by the Procurers.

6. Undertaking that the tariff of the selected Bidder based on the accepted
Bidding process shall be binding on the each Procurer.

7. Undertaking to provide agreed Payment Security Mechanism as

provided in PPA by each individual Distribution Licencee corresponding
to their share of power.

8. Undertaking that the successful Bidder in the event of payment default

by the defaulting procurer shall not be debarred from sale of power to a
third party of its proportionate share as provided in the PPA.

This Joint Deed Agreement

(a) has been duly executed and delivered on behalf of each Procurer hereto and
constitutes the legal, valid, binding and enforceable obligation of each such Procurer,

(b) sets forth the entire understanding of the Procurer hereto with respect to the subject
matter hereof;

IN WITNESS WHEREOF, the partners to the joint Deed agreement have,

through their authorised representatives, executed these present and
affixed Common Seals of their respective companies on the Day, Month
and Year first mentioned above.
For M/s ...........................................................
(Procurer 1)

1. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature................................... Designation.......................................

For M/s ...........................................................

(Procurer 2)

2. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature...................................

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 Standard RFQ for long-term Power Procurement under Case 2

Designation.......................................
For M/s ...........................................................
(Procurer 3)

3. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature...................................
Designation.......................................

For M/s ...........................................................

(Procurer 4)

4. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature................................... Designation.......................................

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 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 3
LETTER OF CONSENTS FROM ALL THE
PARTICIPATING DISTRIBUTION LICENCEES

Enclosures: Letter of Consents from all the Procurers stating that the entire
Bid document has been reviewed and each key element of the
Bid document is agreed to.

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 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 4
EXECUTIVE SUMMARY

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 Standard RFQ for long-term Power Procurement under Case 2

Executive Summary
1.1.a Name of the Bidding Company/ Bidding Consortium
1.1.b Lead Member in the case of a Bidding Consortium

1.2 Details of the Bidding Consortium

Sl. Name of the Company Role Envisaged Details of the experience

No. and financial capability

1.3 Details of the contact person

Name
Designation
Company
Address
Phone Nos.
Fax Nos.
E-mail address

Signature ____________________
For

__________________________
Bidder’s Rubber Seal and Full Address

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 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 5
DRAFT FORMAT OF COVERING LETTER

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 Standard RFQ for long-term Power Procurement under Case 2

DRAFT FORMAT OF COVERING LETTER

Bidder's Name:
Full Address:
Telephone No.:

E-mail address:
Fax / No.:

To

Address of the Office

Sub:- Supply of power on long term basis at the Generator Switch Yard
Ref:- Bid Specification No. CP/ Long Term Power Purchase/ T-1

Dear Sir,
We, the undersigned Bidder having read and examined in detail the RFQ
documents for supply of power on long-term basis at the Generator Switch Yard Bus-
bar hereby submit our response.

CONTACT PERSON

Details of contact person are furnished as under:

Name
Designation
Company
Address
Phone Nos.
Fax Nos.
E-mail address

We are enclosing herewith the information with duly signed formats, in 1 original + ( )
copies as desired by you in your Bid document for your consideration.

Dated the _________ day of _________ of 20

The period of validity of the response to RFQ shall not be less than six (6) months
from the last date of submission.

Thanking you,

Yours faithfully,

(Signature, Name, Designation and Company's Seal)

Business Address:

Name and address of principal Officer.

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 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 6
Model Power Purchase Agreement
Enclosed herewith is the Model Power Purchase Agreement. The PPA has the terms and
conditions under which the Procurer would purchase power

Name of the Distribution Licencee 35

 Standard RFQ for long-term Power Procurement under Case 2

ANNEXURE 7
FORMAT FOR JOINT DEED AGREEMENT AMONG
THE BIDDING CONSORTIUM MEMBERS

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 Standard RFQ for long-term Power Procurement under Case 2

(On Non-Judicial Stamp Paper of Appropriate Value)

FORM OF JOINT DEED AGREEMENT BETWEEN

M/S........................................, M/S.........................................,
M/S..................................... AND M/S...................................
FOR (--------------------)
AS PER SECTION 2.5.1.2 OF REQUEST FOR QUALIFICATION (RFQ)
BID DOCUMENT NO. (------------)

THIS Joint Deed Agreement executed on this....................... day of .................. Two

thousand................... between M/s......................................................................... a company
incorporated under the laws of ...................................... and having its Registered Office
at ................................ (hereinafter called the "Partner-I”, which expression shall include its
successors, executors and permitted assigns) and
M/s.................................................................. a Company incorporated under the laws
of ......................................................... and having its Registered Office
at ............................................................ (hereinafter called the "Partner-2", 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 "Partner-3", which expression
shall include its successors, executors and permitted assigns) and
M/s.............................................. a Company incorporated under the laws
of ......................................................... and having its Registered Office
at ............................................................ (hereinafter called the "Partner-4", which expression
shall include its successors, executors and permitted assigns), (The Bidder Consortium should
list the details of all the Consortium Members) for the purpose of making a Bid and entering into
the Power Purchase Agreement(in case of award) to be hereinafter referred to as the
Contracts, against Bid Document No. (----------) for (------------) of [Name of the Distribution
Licencee1) a [Company/Board] incorporated under the [Company's Act, 1956, and having its
Registered Office at or constituted under Section-5 of the Electricity (Supply) Act,1948] and
[Name of the Distribution Licencee2) a [Company/Board] incorporated under the [Company's
Act, 1956, and having its Registered Office at or constituted under Section-5 of the
Electricity (Supply) Act,1948] or its authorized representative (hereinafter called the Procurer).

WHEREAS the Procurer desired to purchase power through an International Competitive

Bidding (ICB) process;

WHEREAS, the Procurer had invited Bids for Qualification vide its Bidding Document no (RFQ
Document No. )

AND WHEREAS Section 2.5.1.1.2 of the RFQ document stipulates that the Bidders qualifying
on the strength of a Bidding Consortium will have to submit a legally enforceable Joint Deed
Agreement in a format specified by the Procurer wherein the Consortium Members have to
commit investment of a specific percentage in the envisaged project.

AND WHEREAS Section 2.5.1.1.2 of the RFQ document also stipulate that a Consortium
Member shall provide alongwith the Bid, a Joint Deed Agreement as per prescribed format
whereby the Consortium Members whose strength has been offered for evaluation, undertake
to be jointly and severally liable to the Procurer to perform all the obligations under the
Contract(s) to be entered into between the Procurer and the Consortium in pursuance inter alia
of RFQ/RFP and the Power Purchase Agreement.

AND WHEREAS the Bid has been submitted to the Procurer vide proposal no. ...............
dtd...................... in accordance with the relevant provisions of RFQ.

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 Standard RFQ for long-term Power Procurement under Case 2

NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER :

In consideration of the above premises and agreements all the partners in

this consortium do hereby mutually agree as follows:

1. In consideration of the Award of the Contract(s) by the Procurer to the

Consortium, we the members of the Consortium and partners to the
Joint Deed Agreement do hereby unequivocally agree that partner (1)
(M/s...........................................................), shall act as the Lead
Member as defined in the RFQ for self and agent for and on behalf of
Partner-2, Partner-3 and Partner-4 (the names of the partners to be filled
in here) and further declare and confirm that we shall jointly and
severally be bound unto the Procurer for the execution of the Contract
and shall be jointly and severally liable to the Procurer for performance
of all contractual obligations under the said Contract so as to ensure
compliance of the objectives as indicated inter alia in relevant sections of
RFQ.

2. The lead member is hereby authorised by the members of Consortium

and Partners to the Joint Deed Agreement to incur liabilities and receive
instructions for and on their behalf. It is further understood that the entire
execution of the Contract including payment shall be done exclusively
by the Lead Member.

3. 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 their respective obligations towards
Procurer under the said Contract. Each Consortium 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 inter alia in para 1 herein above.

4. 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” (if
such a company is to be established) is/shall be in the following
proportion: (if applicable)
Name Percentage
Partner 1 ---
Partner 2 ----
Partner 3 ----

Partner 4 ----

Total 100%

5. The Lead Member shall inter alia undertake full responsibility for liaising

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 Standard RFQ for long-term Power Procurement under Case 2

with Lenders and mobilising debt resources for the Project, ensuring
equity contribution by each of the Consortium Members, achieving
financial closure on behalf of the Bidding Consortium, and in the event of
a shortfall, making good such contribution, as applicable ;

6. In case of any breach of any of the terms of said Contract by any of the
Consortium Members, the other Consortium Members shall also be
liable for the consequences thereof jointly and severally.

7. In the event of Procurer suffering any loss or damage on account of any

breach of the Contract, Partner-1, Partner-2, Partner-3 and Partner-4 of
these presents do hereby undertake and confirm to jointly and severally
make good such loss or damage caused to the Procurer as per the
provisions of the Contract, on its demand without any demure, protest
and contest. In the event of the Buyer suffering any loss or damage on
account of any breach of the Contract(s), partner-1, partner-2, partner-3
and partner-4 of these presents do hereby undertake and confirm to
jointly and severally make good such loss or damage caused to the
Buyer, on its demand without any demure, protest and contest It shall,
however, not be necessary or obligatory for the Procurer to proceed
against Partner (1) to these presents before proceeding against the
Partner (2), Partner (3) and Partner (4).

8. It is expressly understood and agreed between the Partners to this

agreement that responsibilities and obligations of each of the partners
shall be clearly delineated in *Appendix-I to this agreement. It is further
agreed that sharing of responsibilities as aforesaid and obligations
thereto shall not in any way be a limitation of joint and several
responsibilities of the partners under those presents.

9. It is further specifically agreed that the financial liability of each of the

partners of this joint Deed agreement, to the Procurer with respect of
any and all claims arising out of breach or non- performance of the
Contract(s) shall, however, not be limited in any way so as to restrict or
limit the liabilities of either of the partners. All the partners would be
jointly and severally liable irrespective of their scope of work or financial
commitments.

10. This Joint Deed Agreement 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
thereunder.

11. It is hereby agreed that in case of an award of contract, the partners to

this Joint Deed Agreement do hereby agree that they shall furnish the

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 Standard RFQ for long-term Power Procurement under Case 2

Security Deposit in favour of Procurer, as stipulated in the Bidding

documents (RFQ/RFP and Power Purchase Agreement), jointly, on
behalf of the consortium members, in favour of the Procurer.

12. It is further expressly agreed that the Joint Deed Agreement shall be
irrevocable and shall form an integral part of the Contract and shall
remain valid till the term of the Contract unless expressly agreed to the
contrary by the Procurer.

13. The Lead Member shall be fully responsible for the accuracy and
veracity of the representations and information submitted by the
Consortium Members respectively from time to time in response to the
RFQ/RFP and for the purposes of the project.

14. It is hereby expressly understood between the partners to this joint Deed
agreement that neither partner may assign or delegate its rights, duties
or obligations under the contract except with prior written consent of
[Name of the Distribution Licencee].

This Joint Deed Agreement

(c) has been duly executed and delivered on behalf of each Partner hereto and constitutes
the legal, valid, binding and enforceable obligation of each such Partner,

(d) sets forth the entire understanding of the Partners hereto with respect to the subject
matter hereof;

(e) may not be amended or modified except in writing signed by each of the Partners and
with prior written consent of [ Name of the Distribution Licencee]:

IN WITNESS WHEREOF, the partners to the joint Deed agreement have,

through their authorised representatives, executed these present and
affixed Common Seals of their respective companies on the Day, Month
and Year first mentioned above.
For M/s ...........................................................
(Partner 1)

1. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature................................... Designation.......................................

For M/s ...........................................................

(Partner 2)

2. Common Seal of M/s.........................

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 Standard RFQ for long-term Power Procurement under Case 2

............................................................. (Signature of the authorised

have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature................................... Designation.......................................

For M/s ...........................................................

(Partner 3)

3. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature................................... Designation.......................................

For M/s ...........................................................

(Partner 4)

4. Common Seal of M/s.........................

............................................................. (Signature of the authorised
have been affixed in my/ representative)
our presence pursuant to
Board/Board of Directors Resolution Name.............................................
dated
Signature................................... Designation.......................................

Name of the Distribution Licencee 41