Guidelines for determination of tariff & SBD for ... - Ministry of Power

Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1
Documents. The investment in the Project Company shall be as per provisions of
the Consortium Agreement and shall be subject to the provisions of Clause 2.7 of
this RFP.
In case of the Successful Bidder being Bidding Company and choosing to
incorporate a Project Company for supply of power, it shall incorporate the Project
Company within fifteen (15) days of the issue of the Letter of Intent. In case the
Project Company has already been formed by such Bidding Company prior to the
submission of the Bid, the Bidding Company shall provide the details of such
Project Company in its Bid. The investment in such Project Company incorporated
by the Successful Bidder may be from any of the Affiliates and / or Ultimate Parent
and shall be subject to the provisions of Clause 2.7 of this RFP.
2.2.8.2 The Project Company shall execute the RFP Documents and be responsible for
supply of power to the Procurer(s) as per the provisions of the PPA.
2.2.9 Within thirty (30) days of the issue of the Letter of Intent, the Successful Bidder/
Project Company, as the case may be, shall:
a. Provide a valid Contract Performance Guarantee as per the provisions of
Clause 2.13 of this RFP; and thereafter
b. Execute the PPA and other RFP Documents in required number of originals so
as to ensure that one original is retained by each party to the agreement(s).
Provided that, if for any reason attributable to the Procurer(s), the above activities
are not completed by the Successful Bidder(s)/ Project Company within the above
period of thirty (30) days of the issue of Letter of Intent as mentioned in this
Clause, such period of thirty (30) days shall be extended, on a day for day basis till
the end of the Bid validity period.
If the generation source of the Successful Bidder is in the same state as that of the
Procurer or the Successful Bidder intends to connect its generation source to the
STU Interface through a dedicated transmission line, then within thirty (30) days of
the issue of the Letter of Intent, the Procurer(s) and the Successful Bidder/Project
Company shall be jointly responsible for agreement on the Delivery Point(s) for
supplying power to the Procurer(s) and for incorporating the same in the PPA.
2.2.10 All stamp duties payable for executing the RFP Documents shall be borne by the
Successful Bidder.
2.2.11 If the Successful Bidder(s) / Project Company fails or refuses to comply with any of its
obligations under Clauses 2.2.8 and 2.2.9, and provided that the Procurer (s) and / or
other parties to the respective RFP Documents are willing to execute the said
documents, such failure or refusal on the part of the Successful Bidder/ Project
Company shall constitute sufficient grounds for cancellation of the Letter of Intent. In
such cases, the Procurer/ Authorized Representative shall be entitled to invoke the Bid
Bond of the Successful Bidder(s) / Project Company.
2.3 Amendment of RFP
………..[Insert name of Procurer / Authorized Representative ] Page 31