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

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Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1 2.3.1 The Procurer/ Authorized Representative, for any reason, whether at its own initiative or in response to clarifications requested by any Bidder may modify the RFP, including the timelines specified in Clause 2.8.2, by issuance of addendum / modification / errata and / or a revised document. Revisions or amendments in the Bidding Guidelines may cause the Procurer/ Authorized Representative to modify, amend or supplement this RFP, including the RFP Documents to be in conformance with the Bidding Guidelines. Such document shall be notified in writing through a letter or fax or e-mail to all the entities to which the RFP has been issued and shall be binding on them. Such documents shall also be made available on the same website, ………………… [Procurer / Authorized Representative to insert the name of the website on which the RFP was made available]. The Procurer/Authorized Representative shall not be responsible for any delay in receipt of the addendum / modification / errata and / or revised document and receipt of the same by the Bidders shall be presumed by the Procurer(s) upon taking all reasonable steps to notify the Bidders in accordance with the means mentioned in the preceding sentence. In order to provide reasonable time to the Bidders to take the modification into account in preparing their Bid, or for any other reasons, the Procurer/ Authorized Representative may, at its discretion, extend the Bid Deadline. Late receipt of any addendum / modification / errata and / or revised document will not relieve the Bidder from being bound by that modification or the Bid Deadline. All such amendments/modifications shall be issued at least forty-five (45) days prior to the Bid Deadline. 2.3.2 In case Bidders need any further clarifications not involving any amendments in respect of the final RFP and RFP Documents, they should ensure that written request for such clarification is delivered to the Procurer / Authorized Representative at least fifteen (15) days prior to the Bid Deadline as mentioned in Clause 2.8, the Procurer/ Authorized Representative may issue clarifications only, at its sole discretion, which is considered reasonable by it. Any such clarification issued shall be sent to all the Bidders to whom the RFP has been issued. Such clarifications shall also be made available on the same website, ………………… [Procurer / Authorized Representative to insert the name of the website on which the RFP was made available].Clarifications sought after this date shall not be considered in any manner and shall be deemed not to have been received. There shall be no extension in Bid Deadline on account of clarifications sought as per this clause. 2.4 Bidding Process 2.4.1 Bid Formats 2.4.1.1 The Bid in response to this RFP shall be submitted by the Bidders in the manner provided in Clause 2.10. The Bid shall comprise of the following: (A) Envelope I – Non- Financial Bid comprising of: i. Covering Letter as per prescribed Format 4.1 ii. Original power of attorney issued by the Bidding Company or the Lead Member of the Consortium, as the case may be, in favor of the authorized person signing the Bid, in the form attached hereto as Format 4.2.(a). Additionally, in case of a ………..[Insert name of Procurer / Authorized Representative ] Page 32
Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1 Bidding Consortium, the Bid should also contain a Power of Attorney in original (as per Format 4.2 (b)) in favor of the Lead Member issued by the other Members of the Consortium. Provided that in the event the Bidding Company or any Member of the Bidding Consortium, as the case may be, is a foreign entity, it may submit Board resolutions in place of Power of Attorney for the purpose of fulfilling the above requirements ; Provided further that such Board resolutions, as specified above, in case of a foreign entity, shall be supported by an unqualified opinion issued by the legal counsel of such foreign entity, stating that the Board resolutions are in compliance with the applicable laws of the respective jurisdictions of the issuing company and the authorizations granted therein are true and valid. In the case of a foreign entity, in the event, any and/or all of the documents/resolutions are in any other language other than English, then a duly notarized copy of such translation shall also be required to be submitted. iii. Consortium Agreement as per prescribed Format 4.3; iv. Letter of Consent from the Consortium Members as per prescribed Format 4.4; v. Bidder’s composition and ownership structure as per prescribed Format 4.5; vi. Details for meeting Qualification Requirement as per the prescribed Format 4.6 along with documentary evidence for the same as specified in Clause 2.1; vii. Bidders’ Undertaking as per the prescribed Format 4.7 (A) and Undertakings from the Financially Evaluated Entity or its Parent Company / Ultimate Parent Company as per Format 4.7 (B); Provided further, in case the Bidding Company or Member of a Consortium, (as the case may be) holds at least twenty-six percent (26%) equity in such Financially Evaluated Entity, whose credentials have been considered for the purpose of meeting the Qualification Requirements as per the RFP, undertaking as per Format 4.7 (B) shall not be required from the Financially Evaluated Entity; viii. Board Resolution of the Financially Evaluated Entity of the Bidding Company or each Member of the Bidding Consortium as per prescribed Format 4.8, duly certified by the Company Secretary or the Managing Director undertaking to provide the entire Contract Performance Guarantee in the event of failure of the Bidding Company / Member of the Consortium to do so; or Board Resolution of the Parent or Ultimate Parent of the Financially Evaluated Entity referred to above, as per prescribed Format 4.8, duly certified by the Company Secretary or the Managing Director undertaking to provide the entire Contract Performance Guarantee in the event of failure of the Bidding Company / Member of the Consortium to do so. Provided that such Board resolutions, as specified above, in case of a foreign entity, shall be supported by an unqualified opinion issued by the legal counsel of such foreign entity, stating that the board resolutions are in compliance with the ………..[Insert name of Procurer / Authorized Representative ] Page 33
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No. 23/11/2004-R&R (Vol.II) -------
Page 4 and 5: (ii) For hydro-power projects, load
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STANDARD POWER PURCHASE AGREEMENT F
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Guidelines for determination of tariff & SBD for ... - Ministry of Power

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