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
……….. [Insert name and address of Procurer / Authorized Representative]
2.17 The Procurer / Authorized Representative reserve the right to interpret the Bid
submitted by the Bidder in accordance with the provisions of this RFP and make its
own judgment regarding the interpretation of the same. In this regard the Procurer /
Authorized Representative shall have no liability towards any Bidder and no Bidder
shall have any recourse to the Procurer / Authorized Representative with respect to the
selection process. The Procurer / Authorized Representative shall evaluate the Bids
using the evaluation process specified in Section 3, at its sole discretion. The
Procurer’s/ Authorized Representative’s decision in this regard shall be final and
binding on the Bidders.
2.18 Confidentiality
2.18.1 The parties undertake to hold in confidence this RFP and RFP Documents and not to
disclose the terms and conditions of the transaction contemplated hereby to third
parties, except:
a) to their professional advisors;
b) to their officers, contractors, employees, agents or representatives, financiers, who
need to have access to such information for the proper performance of their
activities;
c) disclosures required under applicable Law,
without the prior written consent of the other parties of the concerned agreements.
Provided that the Successful Bidder(s) agrees and acknowledges that any of the
Procurers may at any time, disclose the terms and conditions of the RFP and RFP
Documents to any person, to the extent stipulated under the applicable Law or the
Bidding Guidelines.
2.19 Fraudulent and Corrupt Practices
2.19.1 The Bidders and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Bid process and subsequent to the issue of the
LOI. Notwithstanding anything to the contrary contained herein, or in the LOI, the
Procurer / Authorized Representative shall reject a Bid, withdraw the LOI, as the case
may be, without being liable in any manner whatsoever to the Bidder, if it determines
that the Bidder has, directly or indirectly or through an agent, engaged in corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice in the Bid process. In such an event, the Procurer / Authorized Representative
shall forfeit the Bid Bond, without prejudice to any other right or remedy that may be
available to the Procurer / Authorized Representative hereunder or otherwise.
2.19.2 Without prejudice to the rights of the Procurer / Authorized Representative under
Clause 2.19 hereinabove and the rights and remedies which the Procurer / Authorized
………..[Insert name of Procurer / Authorized Representative ] Page 48