Amendment No. 1 to RFP Documents for Procurement of Power from Non-Solar Renewable Energy Power Projects
S.N.
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The Scheduled delivery date for different Contract Modified:
Terms is as follows:
The Scheduled delivery date for different Contract
Contract
Contract
Contract
Terms is as follows:
Term A
Scheduled
Delivery Date
th
11 May
2014*
Term B
Term C
31st March
2015
31 st
March
2016
Contract
Term A
Scheduled
Delivery Date
*
* - 1 year from the PPA signing date
Contract
Term B
Contract
Term C
31st March
2015
31 st
March
2016
* 1 year from the PPA signing date
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2.1.2.2
(a)
Modified:
Renewable Energy Projects
(A) Wind Energy Annual Mean Wind Power Density (W/m2) Wind zone ‐ 1 (Upto 200) Wind zone ‐ 2 (201 ‐ 250) Wind zone ‐ 3 (251 ‐ 300) Wind zone ‐ 4 (301 ‐ 400) Wind zone ‐ 5 (Above 400)
(B) Small Hydro (i) Himachal Pradesh, Uttarakhand and North Eastern States Page 1 of 12 CUF /
PLF
Renewable Energy Projects
(A) Wind Energy 20 % 22 % 25 % 30 % 32 %
45 % 30 %
(B) Small Hydro (i) Himachal Pradesh, Uttarakhand and North Eastern States (ii) Other States
Biomass
Biomass Gasifier
Biogas
Non Fossil Fuel Based Cogeneration CUF /
PLF
22 % 45 % 30 %
80 %
85 %
90 %
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(ii) Other States
Biomass
Biomass Gasifier
Biogas
Non Fosil Fuel Based Cogeneration Project (i) Uttar Pradesh & Andhra Pradesh (ii) Tamil Nadu & Maharashtra (iii) Other states 3
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2.1.2.2
(e)
2.8.1
2.8.2
Project (i) Uttar Pradesh & Andhra Pradesh (ii) Tamil Nadu & Maharashtra (iii) Other states 80 %
85 %
90 %
45% 60% 53% 45% 60% 53% Modified:
Technology Tie-up:
Technology Tie-up:
The Bidder shall be required to provide technology
tie-up.
Technology to be used shall be as approved by
Appropriate Commission or Government of India
appointed body, agency and institutions as the case
may be.
Modified:
2.8 Due Dates
2.8.1 The Bidders should submit the Bids so as to
reach the address specified below by 11:00
AM hrs (IST) on 12th April 2013:…………………
2.8 Due Dates
Date of issue of RFP
13th March 2013
2.8.1 The Bidders should submit the Bids so as to
reach the address specified below by 03:00
PM hrs (IST) on 29th April 2013:…………….
Date of issue of RFP
13th March 2013
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Submission of written
clarification/amendments if
any, on the RFP / RFP
Documents by the Bidders.
Pre-Bid Meeting(s) (if
required)
Revision of RFP and RFP
Documents (if required) and
issuance of revised RFP and
RFP Documents
Bid submission and opening
of Non Financial Bid
Opening of Financial Bid
20th March 2013
Short listing of Successful
Bidder(s) and issue of LOI
22th April 2013
Short listing of Successful
Bidder(s) and issue of LOI
10th May 2013
Signing of RFP Documents
12th May 2013
Signing of RFP Documents
30th May 2013
22nd March 2013
12th April 2013
17th April 2013
3.4.4
Sub
point 4
Revised Provision
Submission of written
clarification/amendments if
any, on the RFP / RFP
Documents by the Bidders.
Pre-Bid Meeting(s) (if
required)
Revision of RFP and RFP
Documents (if required) and
issuance of revised RFP and
RFP Documents
Bid submission and opening
of Non Financial Bid
Opening of Financial Bid
20th March 2013
22nd March 2013
19th April 2013
29th April 2013
06th May 2013
Modified:
Head
Annual escalation rate
applicable to Quoted
Escalable Energy
Charge
Value
This shall be the rate
notified by CERC
applicable on the day
which is seven (7) days
prior to Bid Deadline
Head
For Non Biomass
Projects:
Annual escalation rate
applicable to Quoted
Escalable Energy
Charge
Value
This shall be the rate
notified by CERC
applicable on the day
which is seven (7) days
prior to Bid Deadline
Insertion:
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Head
For Biomass Projects:
Sub
Point 5
Annual escalation rate
applicable to Quoted
Escalable Energy
Charge
Value
5%
(As per CERC Generic
Tariff order for FY 1314 dated 28th February
2013) under Petition
No. 243/SM/2012 (SuoMoto))
PS: For payment purposes for Biomass Projects
escalation rates as certified / specified by Appropriate
Commission for the applicable financial year shall be
used.
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Format
4.7
RFP
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Format
5.7
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9
10
Replaced:
Format A
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Page 4 of 12 Amended Format A enclosed at Annexure 1
Illustration for Bid Evaluation and
Computation of Levelized Tariff
Insertion:
Bid Evaluation Model will be issued separately
Format
5.8
Transmission Charges Matrix
As per the CERC Notification No. Eco 1/2013-CERC
dated April 1, 2013 or any amendment issued 7
days before bid submission date
Format
5.9
Transmission Loss Matrix
As per the CERC Notification No. Eco 1/2013-CERC
dated April 1, 2013 or any amendment issued 7
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days before bid submission date
PPA
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3.2.1
b)
PPA
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3.5.1
PPA
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4.4.2
Modified:
b) The Procurers shall have obtained the order of b) The Procurers shall have obtained the order of
the Appropriate Commission for adoption of tariff (if the Appropriate Commission for approval of PPA.
required) under Section 63 of the Electricity Act
2003 and given a copy of the same to the Seller.
Modified:
The Contract Performance Guarantee as submitted
by Seller shall be released by the Procurers within
eight (8) Months from the actual Delivery Date of the
Project. In the event of delay in achieving Scheduled
Delivery Date by the Seller ………………
4.4.2 Procurers shall at any time during any
Contract Year, shall not be obliged to purchase any
additional energy from the Seller beyond ………..
MUs [Insert value of energy quoted by the Seller in
its bid plus an additional 10% of Contracted Energy].
The Contract Performance Guarantee as submitted
by Seller shall be released by the Procurers
within three (3) Months from the actual Delivery
Date of the Project. In the event of delay in
achieving Scheduled Delivery Date by the Seller
………………
4.4.2 Procurer, at any time during any Contract
Year, shall not be obliged to purchase any additional
energy from the Seller beyond ……… MUs [Insert
value of energy generated corresponding to a
CUF/PLF value which is 2% higher than the quoted
CUF/PLF) by the Seller at the point of signing the
PPA].
If for any Contract Year, it is found that the Seller If for any Contract Year, it is found that the Seller
has not been able to supply to the Procurers at has not been able to supply to the Procurers at
Page 5 of 12 BSES Rajdhani Power Limited S.N.
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Interconnection Point, the minimum energy of ……
MUs
(Insert
value
of
energy
generated
corresponding to a CUF/PLF value which is 7%
lower than the quoted CUF/PLF) by the Seller at
the point of signing the PPA], the Seller shall be
The penalty shall be equal to the compensation/ liable to pay as penalty for such shortfall in
penalty/liquidated damage imposed by the generation as below.
Appropriate Commission for non fulfillment of the
RPO, on the Procurers for such shortfall in The penalty shall be equal to the compensation/
penalty/liquidated damage imposed by the
generation by the Seller.
Appropriate Commission for non fulfillment of the
RPO, on the Procurers for such shortfall in
generation by the Seller.
Interconnection Point, the minimum energy of
…………… MUs [Insert value of energy quoted by
the Seller in its bid], the Seller shall be liable to pay
as penalty for such shortfall in generation as below.
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4.6.1
If the Seller is not able to commence supply of
power to the Procurers by the Scheduled Delivery
Date other than for the reasons specified in Article
4.5.1, the Seller shall pay to each Procurer
liquidated damages, proportionate to their then
existing Allocated Contracted Capacity, for the delay
in such commissioning. The sum total of the
liquidated damages payable by the Seller to the
Procurer for such delay shall be calculated as
follows:
Modified:
If the Seller is not able to commence supply of
power to the Procurers by the Scheduled Delivery
Date other than for the reasons specified in Article
4.5.1, the Seller shall pay to each Procurer
liquidated damages, proportionate to their then
existing Allocated Contracted Capacity, for the delay
in such un commissioned capacity.
The sum total of the liquidated damages payable by
a) Delay up to 200 days: 0.5% per day of the total the Seller to the Procurer for such delay shall be
Contract Performance Guarantee value.
calculated as follows:
a) Delay up to 200 days: 0.5% per day of the total
Contract Performance Guarantee
value proportionate to un commissioned capacity.
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9.5.1
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10.1.2
Clause
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Existing Provision
Revised Provision
If the Force Majeure Event or its effects continue to
be present beyond a period of twelve (12) months,
either Party shall have the right to cause termination
of the Agreement. In such an event this Agreement
shall terminate on the date of such Termination
Notice without any further liability to either Party
from the date of such termination.
If the Force Majeure Event or its effects continue to
be present beyond a period of three (3) months,
either Party shall have the right to cause termination
of the Agreement. In such an event this Agreement
shall terminate on the date of such Termination
Notice without any further liability to either Party
from the date of such termination.
Insertion
10.1.2 The Seller shall indemnify, defend and hold
the Procurer harmless against:
a) any and all third party claims against the Procurer
for any loss of or damage to property of such third
party, or death or injury to such third party, arising
out of a breach by the Seller of any of its obligations
under this Agreement, except to the extent that any
such claim has arisen due to a negligent act or
omission, breach of this Agreement or breach of
statutory duty on the part of the Procurer, its
contractors, servants or agents; and
b) any and all losses, damages, costs and expenses
including legal costs, fines, penalties and interest
actually suffered or incurred by the Procurer from
third party claims arising by reason of:
(i) breach by the Seller of any of its obligations
under this Agreement, (provided that this Article 10
shall not apply to such breaches by the Seller, for
which specific remedies have been provided for
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under this Agreement) except to the extent that any
such losses, damages, costs and expenses
including legal costs, fines, penalties and interest
(together to constitute “Indemnifiable Losses”) has
arisen due to a negligent act or omission, breach of
this Agreement or breach of statutory duty on the
part of The Procurer, its contractors, servants or
agents, or
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10.2.1
(ii) any of the representations or warranties of the
Seller, if any made under this Agreement, being
found to be inaccurate or untrue.
Modified:
Third party claims
a. Where the Indemnified Party is entitled to
indemnification from the Indemnifying Party
pursuant to Article 10.1.1(a), the Indemnified Party
shall promptly notify the Indemnifying Party of such
claim referred to in Article 10.1.1(a) in respect of
which it is entitled to be indemnified. Such notice
shall be given as soon as reasonably practicable
after the Indemnified Party becomes aware of such
claim. The Indemnifying Party shall be liable to
settle the indemnification claim within thirty (30)
days of receipt of the above notice. Provided
however that, if:
Third party claims
a. Where the Indemnified Party is entitled to
indemnification from the Indemnifying Party
pursuant to Article 10.1.1(a) or Article 10.1.2 (a), the
Indemnified Party shall promptly notify the
Indemnifying Party of such claim referred to in
Article 10.1.1(a) or Article 10.1.2 (a) in respect of
which it is entitled to be indemnified. Such notice
shall be given as soon as reasonably practicable
after the Indemnified Party becomes aware of such
claim. The Indemnifying Party shall be liable to
settle the indemnification claim within thirty (30)
i) the Parties choose to refer the dispute before the days of receipt of the above notice. Provided
Arbitrator in accordance with Article 12.3.2; and
however that, if:
ii) the claim amount is not required to be paid/ i) the Parties choose to refer the dispute before the
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deposited to such third party pending the resolution Arbitrator in accordance with Article 12.3.2; and
of the Dispute,
ii) the claim amount is not required to be paid/
the Indemnifying Party shall become liable to pay deposited to such third party pending the resolution
the claim amount to the Indemnified Party or to the of the Dispute,
third party, as the case may be, promptly following
the resolution of the Dispute, if such Dispute is not the Indemnifying Party shall become liable to pay
the claim amount to the Indemnified Party or to the
settled in favour of the Indemnified Party.
third party, as the case may be, promptly following
b. The Indemnified Party may contest the claim by the resolution of the Dispute, if such Dispute is not
referring to the Arbitrator for which it is entitled to be settled in favour of the Indemnified Party.
Indemnified under Article 10.1.1(a) and the
Indemnifying Party shall reimburse to the b. The Indemnified Party may contest the claim by
Indemnified Party all reasonable costs and referring to the Arbitrator for which it is entitled to be
expenses incurred by the Indemnified party. Indemnified under Article 10.1.1(a) or Article 10.1.2
However, such Indemnified Party shall not settle or
(a) and the Indemnifying Party shall reimburse to the
compromise such claim without first getting the Indemnified Party all reasonable costs and
consent of the Indemnifying Party, which consent expenses incurred by the Indemnified party.
shall not be unreasonably withheld or delayed.
However, such Indemnified Party shall not settle or
compromise such claim without first getting the
consent of the Indemnifying Party, which consent
shall not be unreasonably withheld or delayed.
Modified
10.3 Indemnifiable Losses
Where an Indemnified Party is entitled to
Indemnifiable Losses from the Indemnifying Party
pursuant to Article 10.1.1(b), the Indemnified Party
shall promptly notify the Indemnifying Party of the
Indemnifiable Losses actually incurred by the
Indemnified Party. The Indemnifiable Losses shall
be reimbursed by the Indemnifying Party within thirty
10.3 Indemnifiable Losses
Where an Indemnified Party is entitled to
Indemnifiable Losses from the Indemnifying Party
pursuant to Article 10.1.1(b) or Article 10.1.2(b), the
Indemnified Party shall promptly notify the
Indemnifying Party of the Indemnifiable Losses
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(30) days of receipt of the notice seeking
Indemnifiable Losses by the Indemnified Party. In
case of non payment of such losses after a valid
notice under this Article 10.3, such event shall
constitute a payment default under Article 9.
actually incurred by the Indemnified Party. The
Indemnifiable Losses shall be reimbursed by the
Indemnifying Party within thirty (30) days of receipt
of the notice seeking Indemnifiable Losses by the
Indemnified Party. In case of non payment of such
losses after a valid notice under this Article 10.3,
such event shall constitute a payment default under
Article 9.
BSES Rajdhani Power Limited Annexure 1
(Format (A & B) below applicable in case Fuel is required for the Project such as Bio-mass, bio fuel cogeneration, urban or municipal
waste etc.)
Quoted Tariff
Sub: Bid dated ----- for supply of –MW long from –[insert name of the Renewable Source] for the Contract Term ---[insert A / B / C, as the case may be] to Procurer(s)
Format A:
Description
Contract Term
---- [insert A / B / C, as the case
may be]
Energy offered (MUs) in figures
Energy offered (MUs) in words
Total Capacity offered* (MW) in figures
Total Capacity offered (MW) in words
CUF/PLF
COD Date**
Name of the Interconnection Point
Name of the Injection Point
Whether the STU system be used to transmit power between the Interconnection
Point and the Injection Point?: (Insert “Yes” or “No”
% Transmission loss in STU system*** …………… (To be inserted by the Bidder
only if STU system is involved at Bidder’s end)
Page 11 of 12 BSES Rajdhani Power Limited * The Procurer(s) can contract the total capacity of power offered by the Bidder or any combination of the fractions of the offered total
capacity. Bidders may quote for higher Requisitioned Capacity subject to meeting the Scheduled Delivery Date. Procurers may
procure more than the Requisitioned Capacity with approval from the Appropriate Commission
** Not later than Scheduled Delivery Date
*** Losses to be considered as mentioned in the relevant tariff orders of the Appropriate Commission as on seven (7) days prior to
Bid Deadline. Bidders to provide a reference to the Appropriate Commission Order (Commission name, Order / Case No., Order /
Case Date)
Page 12 of 12 BSES Rajdhani Power Limited