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

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Standard RFP <strong>for</strong> ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1<br />

mail only upon receipt <strong>of</strong> written request and payment <strong>of</strong> the above mentioned fee from<br />

such Bidder. The Procurer/ Authorized Representative shall, under no circumstances,<br />

be held responsible <strong>for</strong> late delivery or loss <strong>of</strong> documents so mailed. The RFP and RFP<br />

Documents can also be downloaded from …………... [Insert name <strong>of</strong> the website].<br />

However, in such case the Bidder can submit the Bid only on submission <strong>of</strong> a non<br />

refundable fee <strong>of</strong> Rs………. /- (Rupees ……….. only) or ………….US Dollars (US<br />

Dollars ………. Only) as mentioned above separately along with the Bid.<br />

2.12 Bid Bond<br />

2.12.1 Each Bidder shall submit the Bid accompanied by Bid Bond, as per Format 4.9 issued<br />

by any <strong>of</strong> the Banks listed in Format 5.8. In the case <strong>of</strong> a Consortium, the Lead Member<br />

shall furnish the Bid Bond as stipulated in the RFP, on behalf <strong>of</strong> the Consortium<br />

Members as per the Consortium Agreement. In case the Bidder is <strong>of</strong>fering capacity<br />

from more than one generation source, the Bid Bond shall be submitted separately <strong>for</strong><br />

each capacity. The Bid Bond shall be valid <strong>for</strong> a period <strong>of</strong> thirty (30) days beyond the<br />

validity <strong>of</strong> the Bid.<br />

2.12.2 The Bid Bond, may be invoked by the Procurer/ Authorized Representative or its<br />

authorized representative, without any notice, demure, or any other legal process upon<br />

occurrence <strong>of</strong> any <strong>of</strong> the following:<br />

[Insert in case the Successful Bidder is a Bidding Company choosing to<br />

incorporate a Project Company and in case <strong>of</strong> a Bidding Consortium: “Failure to<br />

incorporate the Project Company as a legal entity within fifteen(15) days <strong>of</strong> issue<br />

<strong>of</strong> Letter <strong>of</strong> Intent, or,”]<br />

Failure to furnish the Contract Per<strong>for</strong>mance Guarantee as per Clause 2.13; or<br />

Failure to execute the RFP Documents subject to the provisions <strong>of</strong> Clause 2.2.11;<br />

or<br />

Bidder submitting any wrong in<strong>for</strong>mation or making any misrepresentation in Bid<br />

as mentioned in Clause 2.5.<br />

2.12.3 The Bid Bonds <strong>of</strong> all Bidders, whose Bids are declared non-responsive, shall be<br />

returned and released by the Procurer/ Authorized Representative within thirty (30)<br />

days after the date on which the Financial Bids are opened.<br />

2.12.4 The Bid Bonds <strong>of</strong> all unsuccessful Bidders shall be returned and released by the<br />

Procurer/ Authorized Representative within a period <strong>of</strong> thirty (30) days <strong>of</strong> the<br />

occurrence <strong>of</strong> the earlier <strong>of</strong> the following:<br />

a) submission <strong>of</strong> the Contract Per<strong>for</strong>mance Guarantee as per Clause 2.13 <strong>of</strong> the RFP<br />

and the execution <strong>of</strong> the RFP Documents (as applicable) by the Successful<br />

Bidder(s); or<br />

b) Expiry <strong>of</strong> the Bid Validity/extended validity <strong>of</strong> Bid <strong>of</strong> unsuccessful Bidders; or<br />

2.12.5 The Bid Bonds <strong>of</strong> all Bidders shall be returned and released by the Procurer/<br />

Authorized Representative within a period <strong>of</strong> thirty (30) days <strong>of</strong> the occurrence <strong>of</strong> the<br />

termination/cancellation <strong>of</strong> Bid process by the Procurer/Authorised Representative.<br />

………..[Insert name <strong>of</strong> Procurer / Authorized Representative ] Page 45

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