Supply Tender 2015/01
" It is noted that the only official version of these rules is that
corresponding to the Spanish version published by the bidding
companies and approved by CNE's Exempt Resolution Number
652 dated December 11, 2015, or that in the future may modify
it in accordance to current regulations. This English version has
no official or binding character and is published for mere
reference. According with this disclaimer in case of any text or
interpretation discrepancy between the two versions will prevail
the official version in Spanish. "
Supply Tender 2015/01
NATIONAL AND INTERNATIONAL PUBLIC TENDER TERMS AND CONDITIONS TO SUPPLY
ELECTRIC POWER AND ENERGY FOR THE CONSUMPTION OF PRICE-REGULATED
CLIENTS
2015/01 SUPPLY TENDER
2015/01 Supply Tender
TABLE OF CONTENTS
TENDER SCHEDULE ..................................................................................................................... 6 CHAPTER 1. BACKGROUND .................................................................................................... 8 1. REGULATORY FRAMEWORK AND DEFINITIONS ................................................................. 9 2. PURPOSE OF THE TENDER ................................................................................................ 16 3. REGARDING THE SUPPLY CONDITIONS AND CHARACTERISTICS, TYPES OF BIDS AND
AMOUNT TO BID ........................................................................................................................ 16 3.1. SUPPLY BLOCKS ............................................................................................................. 20 3.2. ECONOMIC BIDS FOR SUPPLY BLOCKS ......................................................................... 21 3.3. SUPPLY CONTRACTS BETWEEN TENDERING COMPANIES AND SUCCESSFUL BIDDERS
23 3.4. POINTS OF BID................................................................................................................ 24 3.5. POINTS OF PURCHASE ................................................................................................... 24 3.6. REGARDING THE SUPPLY PERIOD ................................................................................. 24 3.7. INDEXATION FORMULAS ................................................................................................ 25 3.8. REGARDING THE SUBMISSION OF BIDS AND STANDARD FORMS ................................. 25 3.9. REGARDING THE REMUNERATION REGIME FOR THE TENDER’S SUCCESSFUL BIDDER
25 3.10. REGARDING THE JOINT AWARDING ........................................................................... 30 4. REGARDING THE PROPONENT ......................................................................................... 30 4.1. CONDITIONS AND REQUIREMENTS TO BECOME BIDDER OR PROPONENT ................. 30 4.2. CONSORTIA .................................................................................................................... 31 4.3. BIDDERS WITH NEW GENERATION PROJECTS ........................................................... 32 4.4. PURCHASE OF TERMS AND CONDITIONS ...................................................................... 33 4.5. ADMINISTRATIVE BID ..................................................................................................... 33 4.5.1. DOCUMENT 1 “TERMS AND CONDITIONS AND SUPPORTING DOCUMENTS ACCEPTANCE
DECLARATION” ............................................................................................................................. 33 4.5.2. DOCUMENT 2 “DESCRIPTION AND IDENTIFICATION OF THE PROPONENT” ................................ 34 4.5.3. DOCUMENT 3 “APPOINTMENT OF THE PROPONENT’S REPRESENTATIVE” ................................ 34 4.5.4. DOCUMENT 4 “CONSORTIUM OR PARTNERSHIP AGREEMENT” ............................................... 34 4.5.5. DOCUMENT 5 “BID VALIDITY” .......................................................................................... 35 4.5.6. DOCUMENT 6 “BID BANK GUARANTEE” ............................................................................. 35 4.5.7. DOCUMENT 7: “LEGAL INCORPORATION OF THE PROPONENT COMPANY(IES)”........................ 38 4.5.8. DOCUMENT 8 “PUBLIC DEED PROMISING TO INCORPORATE A CORPORATION OR JOINT-STOCK
COMPANY WITH ELECTRICITY GENERATION LINE OF BUSINESS”............................................................ 38 4.5.9. DOCUMENT 9 “BANK GUARANTEE ON THE INCORPORATION OF CORPORATION OR JOINT-STOCK
COMPANY WITH ELECTRICITY GENERATION LINE OF BUSINESS” ........................................................... 39 4.5.10. DOCUMENT 10 “REMUNERATIONS REGIME ACCEPTANCE DECLARATION” ............................. 42 4.5.11. DOCUMENT 11 “LEGAL OBLIGATIONS, SANCTIONS AND FINES ACCEPTANCE DECLARATION” .. 42 Page 2
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4.5.12. DOCUMENT 12 “COMMERCIAL AND FINANCIAL INFORMATION” ........................................... 42 4.5.13. “INFORMATION TO BE PROVIDED BY THE PROPONENTS TO SUPPORT THEIR BID” .................... 43 4.6. ECONOMIC BID ............................................................................................................... 44 5. BID SUBMISSION EFFECT ................................................................................................... 45 6. TENDER AWARD................................................................................................................. 45 7. INFORMATION TO BE SUBMITTED BY THE PROPONENTS ............................................... 46 8. GUARANTEES TO BE INCLUDED IN THE CONTRACT(S) TO BE SUBSCRIBED BY THE
TENDERING COMPANIES AND THE SUCCESSFUL BIDDER(S) .................................................. 46 8.1. CIVIL LIABILITY INSURANCE AGAINST THIRD PARTY CLAIMS ..................................... 46 8.2. CATASTROPHE INSURANCES ......................................................................................... 47 8.3. IMMEDIATE EXECUTION INSURANCE OR SUPPLY FAITHFUL PERFORMANCE BANK
GUARANTEE .............................................................................................................................. 47 8.4. PROPER CONDUCT......................................................................................................... 49 9. REGARDING THE BID ......................................................................................................... 49 9.1. GENERAL ........................................................................................................................ 49 9.1.1. FORMAT AND EXECUTION OF DOCUMENTS THAT MAKE UP THE ADMINISTRATIVE BID AND THE
ECONOMIC BID(S). ........................................................................................................................ 50 9.2. REGARDING THE BID COSTS .......................................................................................... 50 9.3. REGARDING THE BID’S LANGUAGE .............................................................................. 50 9.4. REGARDING THE BID’S CURRENCY ............................................................................... 50 9.5. REGARDING THE BID VALIDITY ..................................................................................... 51 CHAPTER 2. BID MANAGEMENT ACTIVITIES.................................................................. 52 1. TERMS AND CONDITIONS ACQUISITION ........................................................................... 52 2. DOMICILE OF THE TENDER ............................................................................................... 52 3. PERSON IN CHARGE OF THE TENDER PROCESS .............................................................. 52 4. PROCESS ADVERTISING AND CALL FOR TENDER............................................................. 53 5. MINIMUM INFORMATION THAT THE TENDERING COMPANIES WILL PROVIDE TO THE
PROPONENTS ............................................................................................................................ 53 6. REGARDING THE PUBLICATION OF THE INFORMATION CONTAINED IN THE BIDS ....... 54 7. PROTOCOL FOR QUESTIONS AND ANSWERS ABOUT THE TENDER AND INFORMATION
REQUESTS ................................................................................................................................. 54 8. PROTOCOL TO SUBMIT THE BIDS ..................................................................................... 55 8.1. BID RECEPTION .............................................................................................................. 55 8.2. MAXIMUM VALUE OF THE BIDS OR RESERVE PRICE ..................................................... 57 8.2.1. OPENING OF THE RESERVE PRICE ............................................................................. 57 9. BID OPENING AND EVALUATION ...................................................................................... 59 9.1. OPENING AND EVALUATION OF THE ADMINISTRATIVE BID ........................................ 59 9.1.1. OPENING ..................................................................................................................... 59 9.1.2. EVALUATION OF ADMINISTRATIVE ASPECTS ........................................................... 59 9.1.3. COMMERCIAL AND FINANCIAL ASPECTS AND PROPONENT’S EXPERIENCE ........... 61 9.1.4. RECORDS FOR THE ADMINISTRATIVE BID EVALUATION.......................................... 61 Page 3
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9.1.5. INSTANCE FOR CLARIFICATIONS OR CORRECTIONS................................................ 63 9.2. OPENING AND EVALUATION OF THE ECONOMIC BIDS ................................................ 64 9.2.1. OPENING ..................................................................................................................... 64 9.2.2. OPENING OF ECONOMIC BIDS FOR THE SUPPLY BLOCK .......................................... 64 9.2.3. OPENING OF ECONOMIC BIDS MODIFICATIONS ....................................................... 65 9.2.4. EVALUATION............................................................................................................... 65 9.2.4.1. EVALUATION OF ECONOMIC BIDS FOR THE SUPPLY BLOCK ................................ 65 9.2.4.1.1. FIRST STAGE ........................................................................................................ 67 9.2.4.1.1.1. BIDS LEVELIZED PRICE ..................................................................................... 68 9.2.4.1.1.2. AWARDING OF SUPPLY BLOCKS Nº 1.............................................................. 71 9.2.4.1.1.3. AWARDING OF SUPPLY BLOCKS Nº 2-A, Nº 2-B AND Nº 2-C .......................... 73 9.2.4.1.1.4. AWARDING OF SUPPLY BLOCKS Nº 3.............................................................. 76 9.2.4.1.2. SECOND STAGE BID EVALUATION. AUCTION PHASE ........................................ 78 9.2.4.1.3. DRAW BREAK RULES .......................................................................................... 79 9.3. DECLARATION OUT OF TERMS AND CONDITIONS AND DESERTED TENDER .............. 79 9.3.1. PROCESS TO DECLARE OUT OF TERMS AND CONDITIONS ...................................... 79 9.3.2. DESERTED TENDER ..................................................................................................... 79 10. AWARDING ....................................................................................................................... 80 11. BIDS BASED ON NEW GENERATION PROJECTS.............................................................. 81 11.1. MECHANISM TO POSTPONE THE BEGINNING OF SUPPLY OR TO SUBSCRIBE AN
ANTICIPATED TERMINATION OF THE CONTRACT .................................................................. 81 ANNEXES .................................................................................................................................... 84 ANNEX 1. MONTHLY DISTRIBUTION OF ACTIVE, REACTIVE ENERGY AND MAXIMUM DEMAND
................................................................................................................................................... 85 ANNEX 2. DISTRIBUTION BY POINT OF PURCHASE OF ACTIVE, REACTIVE ENERGY AND
MAXIMUM DEMAND ................................................................................................................... 86 ANNEX 3. LIST OF RISK RATING COMPANIES .......................................................................... 89 ANNEX 4. TERMS AND CONDITIONS AND SUPPORTING DOCUMENTS ACCEPTANCE
DECLARATION FORMAT ............................................................................................................ 90 ANNEX 5. APPOINTMENT OF THE PROPONENT’S REPRESENTATIVE FORMAT ..................... 91 SPECIAL MANDATE ................................................................................................................... 91 ANNEX 6. BID VALIDITY DECLARATION FORMAT .................................................................... 93 ANNEX 7. REMUNERATIONS REGIME ACCEPTANCE DECLARATION FORMAT ....................... 94 ANNEX 8. LEGAL OBLIGATIONS, SANCTIONS AND FINES ACCEPTANCE DECLARATION ...... 95 ANNEX 9. ENERGY AND POWER PRICE INDEXATION FORMULA............................................. 96 ANNEX 10. DOCUMENT 2 DESCRIPTION AND IDENTIFICATION OF THE PROPONENT .......... 99 ANNEX 12. “DOCUMENT 13 INFORMATION TO BE PROVIDED BY THE PROPONENTS TO
SUPPORT THEIR BID” ............................................................................................................. 102 ANNEX 13. LIST OF BANKS AND FINANCIAL INSTITUTIONS FOR PERFORMANCE BONDS... 105 ANNEX 14. RISK RATING QUALIFICATION TABLE ................................................................. 106 ANNEX 15. “DOCUMENT 15 SUPPLY ECONOMIC BID” .......................................................... 107 Page 4
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ANNEX 16. "DOCUMENT 16 SUBMISSION OF BIDS WITH RESTRICTION AND/OR
CONDITIONED BIDS” .............................................................................................................. 109 ANNEX 17. FORMAT FOR MODIFICATION OF ECONOMIC BID FOR SUPPLY ......................... 111 ANNEX 18. FORMAT FOR THE DECLARATION OF THE DETERMINATION TO FOLLOW THE
OPTION ESTABLISHED IN THE “MECHANISM TO POSTPONE THE BEGINNING OF THE
SUPPLY OR TO SUBSCRIBE AN ANTICIPATED TERMINATION OF THE CONTRACT”............ 112 ANNEX 19. ENERGY AND POWER SUPPLY CONTRACT MODEL FOR THE PUBLIC
DISTRIBUTION SERVICE .......................................................................................................... 113 Page 5
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TENDER SCHEDULE
Stage
Date
a) Call for National and International Tender.
Friday, May 29th, 2015.
b) Last date for modifications, amendments or addition to
the Tender Terms and Conditions.
Until March 31st, 2016.
c) Tender advertising dates.
Until the Bid Submission date.
d) Sale of Tender Technical and Administrative Terms and
Conditions
Until the Bid Submission date, Monday to
Friday, from 9:00 to 16:00, uninterrupted
service hours.
Location: Tender Domicile.
e) Consultation Period.
Until Wednesday, December 30th, until 17:00
hrs.
f) Term for Written Answers to Consultations and Web site
publication.
From the closing date of the consultation
period until Friday, January 29th, 2016.
g) Tender Data Room.
Until the Bid Submission date, Monday to
Friday, from 9:00 to 18:00, uninterrupted
service hours.
Location: to be timely communicated.
h) Bid Submission date.
Wednesday, April 20th, 2016, from 9:00 to
13:00 hrs. in location to be timely
communicated.
i) Communication of the List of Bidders that submitted their
Bids.
Immediately after the Bid Submission process
closure.
j) Administrative Bids Opening and Evaluation Date.
At the latest, 24 hours after the Bid Submission
term expiration in location to be timely
communicated.
k) Administrative Bids Opening Records and Evaluation
public domain.
Thursday, April 28, 2016.
l) Date of submittal of rectifications to the Administrative
Bids.
At the latest, on Tuesday, May 3 until 17:00
hours.
m) Date of opening of the Reserve Price and Reserve Margin
Immediately after the expiration of the term
to submit the rectifications of the
Administrative Bids in location to be timely
communicated.
n) Date of Opening of communication via email to all Bidders
that have submitted the Economic Bids about the possibility
Tuesday, May 3, 2016.
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Stage
Date
of modifying the prices in their Economic Bids.
ñ) Submission of proposal from all the Bidders that have
prices above the Reserve Price to modify the Economic Bid.
At the latest, on Friday, May 6 2016 until 17:00
hours in location to be timely communicated.
o) Date of Opening and Inspection of Economic Bids.
Monday, May 9th, 2016 from 11:00 hrs. in
location to be timely communicated.
p) Date of public dissemination of information included in
the Economic Bids.
Monday, May 9th, 2016.
q) First Stage Award Public Ceremony.
Tuesday, May 10th, 2016, in the location and
time to be informed.
r) Formal communication of the First Stage award to all
Bidders of all bids with prices lower than the marginal bid
and consultations to the bidder that has marginal prices
conditions.
Tuesday, May 10th, 2016.
s) Formal communication about the price reduction decision
in his bid by the bidder that had a marginal condition in the
First Stage.
Thursday, May 12th 2016 until 12:00 hrs. in
location to be timely communicated.
t) Formal communication of the First Stage awarding to the
Bidder that has positively answered the consultation
established in letter r) above, or
Friday, May 13th 2016.
u) Formal communication by the Tendering Companies
about their decision to call for an auction in case of negative
results in the formal consultation made to the Bidder that
has a bid with Marginal Bid conditions.
Friday, May 13th 2016.
v) Submission of Second Stage Bids for the auctioning of
energy that has not been awarded until that stage.
Thursday, May 19th 2016, between 9:00 and
11:00 hours.
w) Second Stage Award Public Ceremony.
Thursday, May 19th 2016, once the Second
Stage Bids reception ends.
x) Formal communication of the Second Stage award.
Thursday, May 19th 2016.
y) Date of public dissemination of the Evaluation and Award
results together with all the supporting information.
Friday, May 20th 2016.
z) Report on the Tender results to the National Energy
Commission.
Until Wednesday, May 25th 2016.
aa) Execution of Contract through Public Deed and
Registration at the Superintendence of Electricity and Fuels.
At the latest, 120 days after the execution of
the Bid Acceptance Records.
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CHAPTER 1. BACKGROUND
In compliance of Article 131º of the General Electric Services Act, DFL (Executive
Order Decree) Nº 4, 2006, of the Ministry of Economy, Development and
Reconstruction that establishes the consolidated, coordinated and systematized text
of DFL Nº 1, 1982 of the Ministry of Mining, hereinafter and interchangeably “LGSE”,
the Commission must design, coordinate and lead this year’s “public tender process”.
The objective of this process is to allow distribution concessionaires to provide longterm supply contracts to satisfy the consumption of their clients subject to price
regulation.
According to what is provisioned in article 131º ter of the LGSE, the tendering process
starts with a Tenders Report, which was approved by the National Energy
Commission’s Exempt Resolution Nº 164 dated on April 9th, 2015 and amended through
Exempt Resolution Nº 185 dated on April 14th, 2015. In virtue of what is established in
article 132º of the LGSE and the results obtained in Chapter 8 of the Tenders Report,
it is required to call for a tender that asks for the supply of electric energy
distribution utilities.
The objective of this public tender is to award the electricity supply to clients subject
to price regulation by concessionaire distribution companies indicated below and to
subscribe the respective energy supply for distribution utilities referred to in section
first of article 7º of the LGSE of the following energy distribution utility concessionaire
companies: CGE Distribución S.A., Chilectra S.A., Chilquinta Energía S.A., Compañía
Eléctrica Osorno S.A., Compañía Eléctrica del Litoral S.A., Compañía Nacional de
Fuerza Eléctrica S.A., Empresa Eléctrica de Arica S.A., Empresa Eléctrica de Iquique
S.A., Empresa Eléctrica Atacama S.A., Empresa Eléctrica de Antofagasta S.A., Empresa
Eléctrica de Casablanca S.A., Empresa Eléctrica la Frontera S.A., Empresa Eléctrica de
Puente Alto Ltda., Energía de Casablanca S.A., Luzlinares S.A., Luzparral S.A.,
Sociedad Austral de Electricidad S.A., Compañía Distribuidora de Energía Eléctrica
CODINER Ltda. and the following Electric Cooperatives: Cooperativa Eléctrica de
Curicó Ltda., Cooperativa de Consumo de Energía Eléctrica de Chillán Ltda.,
Cooperativa Eléctrica Los Ángeles Ltda., Cooperativa Eléctrica Paillaco Ltda.,
Cooperativa Rural Eléctrica de Llanquihue Ltda., Cooperativa Rural Eléctrica de Río
Bueno Ltda., Sociedad Cooperativa de Consumo de Energía Eléctrica de Charrúa Ltda.,
hereinafter the Tendering Companies, with one or more Suppliers, as defined herein,
in order to assure the utility electric supply required to satisfy the consumption of end
clients subject to price regulation in their concession zones as established under
articles 131º to 135º fifth of the LGSE. The utility electric supply concessionaire
companies Empresa Eléctrica Municipal de Tiltil, Luz Andes Ltda. and Empresa
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Eléctrica de Colina Ltda. form part of the Chilectra proposed consumption and will be
supplied by the latter one, according to the provisions granted under article second of
the Tendering Regulation and the mandates executed between the parties
respectively, in book 7917 in Mr Patricio Zaldivar Mackenna Public Notary’s Office and
books 5058 and 5059 in Mr Osvaldo Pereira Gonzalez Public Notary’s Office, all of
them dated May 27, 2015.
These Public Tender Terms and Conditions for the supply of electric power and energy
corresponding to the consumption of clients subject to price regulation, located in the
concession zones corresponding to the above-mentioned companies, regulate and will
regulate the relations between the Tendering Companies and the legal person(s) that
participate(s) in this Tender, and definitely, with the Supplier(s) of the respective
energy supply.
The Tendering Companies must be subject to what is provisioned in the respective
Terms and Conditions and to what is required by the Commission to subscribe this
Tender. Equally, these companies are in charge of expediting the administrative and
management aspects of this Tender and to settle the expenses arising from the
Tender.
1. REGULATORY FRAMEWORK AND DEFINITIONS
These Terms and Conditions and this Tender are developed within the LGSE framework,
and in virtue of what is established in National Energy Commission’s Exempt Resolution
Nº 215 dated April 24th, 2015, which established the terms, requirements and conditions
to be followed by the energy supply bids to satisfy the consumption of price-regulated
clients and to comply with any current requirement considering the amendments to the
LGSE enforced by Act Nº 20,805 and considering what is established in the
abovementioned Exempt Resolution Nº 215, in the “Regulation on the Energy Supply
Tenders to satisfy the consumption of Regulated Clients of Electric Energy Distribution
Utility Concessionaire Companies”, Supreme Decree 4/08 of the Ministry of Economy,
published in the Official Gazette on August 21st, 2014 hereinafter and interchangeably,
the “Tender Regulations”. Regarding matters not included in these Terms and
Conditions, they shall be ruled by what is established in the regulatory bodies mentioned
above.
For the purposes of these Public Tender Terms and Conditions and their annexes, and
without detriment to the definitions considered in other items of these Terms and
Conditions and/or annexes, and unless the context clearly indicates any other meaning,
the terms with their first letter in Capital letter, except when they start a sentence or
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belong to a proper noun, will have the meaning assigned to them in this section. The
definitions in singular shall correspond to their plural and vice versa.
Act N° 18,410
:
Act that creates the Superintendence of Electricity and Fuels.
Administrative Bid
:
It is the bid that must be submitted by the Bidders according
to what is provisioned in number 4.5.
Terms and Conditions :
Terms and Conditions that regulate the National and
International Public Tender to Supply Electric Power and
Energy to Supply Clients Subject to Price Regulation
corresponding to the 2015/01 Supply Tender that include the
call for tender, Bid evaluation and the corresponding Annexes
prepared and approved by the Commission through exempt
resolution; the consultation, clarifications, requests and
answers considered in the Tender, the award and procedure
to subscribe the Supply Contract(s).
Bid
:
Bid submitted by the Bidders and made up by the
Administrative Bid and the Economic Bid or Bids. It must have
a validity of at least 180 days from the date of its submission.
Bidder or Proponent
:
It´s the legal person or Consortium that participates in the
Tender submitting its Bid after buying the Terms and
Conditions.
Tendering Companies :
They are the following energy distribution utility
concessionaire companies: CGE DISTRIBUCIÓN S.A., Chilectra
S.A., Chilquinta Energía S.A., Compañía Eléctrica Osorno S.A.,
Compañía Eléctrica del Litoral S.A., Compañía Nacional de
Fuerza Eléctrica S.A., Empresa Eléctrica de Arica S.A.,
Empresa Eléctrica de Iquique S.A., Empresa Eléctrica Atacama
S.A., Empresa Eléctrica de Antofagasta S.A., Empresa
Eléctrica de Casablanca S.A., Empresa Eléctrica de la Frontera
S.A., Empresa Eléctrica de Puente Alto Ltda., Energía de
Casablanca S.A., Luz Andes Ltda., Luzlinares S.A., Luzparral
S.A., Sociedad Austral de Electricidad S.A., Compañía
Distribuidora de Energía Eléctrica CODINER Ltda. and the
following electric Cooperatives: Cooperativa Eléctrica de
Curicó Ltda., Cooperativa de Consumo de Energía Eléctrica de
Chillán Ltda., Cooperativa Eléctrica Los Ángeles Ltda.,
Cooperativa Eléctrica Paillaco Ltda., Cooperativa Rural
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Eléctrica de Llanquihue Ltda., Cooperativa Rural Eléctrica de
Río Bueno Ltda., Sociedad Cooperativa de Consumo de
Energía Eléctrica de Charrúa Ltda.
Bids Curve
:
This is a set of bids received in a specific block, ordered from
the lowest to the highest Levelized Price.
Business days
:
Every day, except for Saturdays, Sundays and holidays.
Calendar days
:
It is the continuous chronological sequence of 24-hour days,
which start counting at midnight.
Call for Tender
:
This is date of start of the Tender as established in the
Tender Schedule.
CDEC
:
Load Economic Dispatch Centre.
Commission
:
National Energy Commission, decentralized public agency
created by Law Decree N° 2,224 dated May 25th, 1978 and its
amendments.
Consortium
:
Merger of one or more Chilean and/or foreign legal persons
that jointly submit bids in this Tender.
D.S. 327 or
LGSE Regulation
:
Electric Services General Act, Supreme Decree Nº 327 of the
Ministry of Mining dated on December 12th, 1997.
D.S. 4/08 or
Tender Regulation
:
Supreme Decree N° 4/2008 of the Ministry of Economy,
Development and Reconstruction, published in the Official
Gazette on April 28th 2008, approves the Regulation on
energy supply Tenders to satisfy the consumption of
regulated clients from the electric energy distribution utility
concessionaire companies, amended through Supreme
Decree N° 252/09 of the Ministry of Economy, Development
and Reconstruction, published in the Official Gazette on
February 6th 2010 and through Supreme Decree N° 126/13,
of the Ministry of Energy, published in the Official Gazette
on August 21st, 2014 and its future amendments.
D.S. N° 10T/14
:
Node Prices Decree in force for this Tender as of the date of
call for tendering, in compliance of what is established in the
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LGSE, namely, Supreme Decree N° 10T of 2014 of the Ministry
of Energy, published in the Official Gazette on February 13th,
2015 amended by Supreme Decree N°10T of 2015, of the
Ministry of Energy, published in the Official Gazette on
February 25th, 2015.
Data Room
:
Mechanism through which the Tendering Companies will
make provide and submit all the information required for an
adequate understanding of the Chilean electric sector and its
technical – economic – regulatory operation and of the Tender
proper, to all the parties that have purchased the Terms and
Conditions. The Data Room shall allow its physical, digital or
virtual verification.
Days
:
If the contrary is not indicated, the word “days” shall mean
the same as calendar days.
DFL N° 4/06 or LGSE
:
Executive Order Decree N°4 of 2006 of the Ministry of
Economy, Development and Reconstruction and its
subsequent amendments, the General Electric Services Act.
DP
:
Wheeling Management of the respective CDEC.
Economic Bid
:
Is the economic bid or bids submitted by the Bidders
according to what is provisioned in number 4.6 and the
respective forms.
Interested Parties
:
Chilean or foreign legal persons that have bought the Terms
and Conditions, both individually or as part of a consortium or
partnership, according to what is provisioned in number 1 of
Chapter 2 in these Terms and Conditions.
Levelized Price
:
The Levelized Price of a Bid corresponds to the equivalent
present value of the Bid price considering a projection of its
indexation formula. The Levelized Price is calculated
according to what is provisioned in number 9.2.4.1.1.1 in
Chapter 2 of the Terms and Conditions.
Marginal Bid
:
The marginal bid is the bid that – when adding the different
bids to the block that is offered in ascending price order – is
the last bid required to cover the total bid amount and its
inclusion implies exceeding such amount. In case of equal
prices in two or more marginal bids, they will be treated as a
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single marginal (aggregated) bid, except if all of them belong
to the same bidder.
Ministry
:
Ministry of Energy.
New generation
Project
:
One Project or more in which a bid is based on and that at the
moment of award they have not been interconnected to the
system. Such projects must be owned by the Bidder or the
Bidder must be the tenant or user or must have any other
authority that allows him to exploit such projects directly or
through the partnership created for that purpose in
substitution of the owner, in compliance of the terms
established in Article 17 of Supreme Decree Nº 291 of 2008 of
the Ministry of Economy, Promotion and Reconstruction. .
Official Web Site
:
Web site described in Chapter 2, first paragraph of the Terms
and
Conditions,
corresponding
to
www.licitacioneselectricas.cl.
Point of Bid
:
Electric system busbar or node indicated in number 3.4 of
these Terms and Conditions, where the Proponents must
deliver the prices and amounts of energy offered.
Points of Supply
or Purchase
:
Trunk transmission system busbar or node according to what
is indicated in number 3.5 of these Terms and Conditions, in
which the Tendering Companies will make the respective
energy and power purchases to the Successful Bidder or
Bidders of this Tender destined to supply the consumption of
their end clients that are subject to price regulation. A Point
of Purchase can coincide with the Point of Bid. According to
what is provisioned in the Tenders Regulation, for billing
purposes the Purchase Points shall correspond to all busbars
and nodes contained in the short-term node price decree that
is in force at the moment of billing, from which the
Distributor is fed and that result from the application of what
is provisioned in the current decree that establishes the subtransmission tariffs or rates and their indexation formulas.
Provider(s)
or Supplier(s)
:
One or more Successful Bidders that subscribe the respective
Supply Contract.
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Reserve Margin
:
Percentage value that – when applied additional to the
Reserve Price – determines the procedure that will allow the
economic bids to modify their bid price when it is above the
Reserve Price, according to what is established in point 8.2.1.
Reserve Price
or Maximum Value
of the Energy Bids
:
Maximum price at which the Economic Bids shall be awarded.
The Reserve Price will be defined by the Commission in a
confidential administrative decision, determining it for each
Supply Block in virtue of the offered supply period and
considering efficient supply costs estimations. This price will
only be revealed to Bidders and Tendering Companies after
the stage of Bid submission, as established in the Tender
Schedule, and only in case one or more Bids have been
submitted.
Resolution N° 215
:
CNE Exempt Resolution N° 215, dated on April 24th, 2015
published in the Official Gazette on April 30th 2015 that
establishes the terms, requirements and conditions for the
energy supply tenders to satisfy the consumption of clients
subject to price regulation, amended by CNE Exempt
Resolution N° 265 of May 19th 2015.
SIC
:
Central Interconnected System.
SING
:
Greater North Interconnected System.
Successful Bidder
:
Is the legal person (Company or Consortium) to which the
Tendering Companies award one or more Sub-Blocks in the
Tender.
Superintendence
:
Superintendence of Electricity and Fuels.
Supply
:
This is the electric power and energy utility supply for each
Supply Block in this Tender. This supply must be offered and
supplied by the Suppliers under the terms established in these
Terms and Conditions and in the Supply Contract.
Page 14
2015/01 Supply Tender
Supply Block
:
The Supply Block is the maximum Supply commitment that
can be accepted by the Bidder in his bid. It represents the
total set of energy to be awarded by the Tendering
Companies under this Tender for the corresponding period
considered. Each Supply Block included in this Bid will be
subdivided in Sub-Blocks for the submission of bids by the
bidders. Each Supply Block has a Base component and a
Variable component, which is 10% of the energy required each
year by the Base component.
Supply Contract
:
Energy supply contract for the distribution utilities referred to
in section 7º of the LGSE, which regulates the purchase and
sale of electric power and energy for the corresponding
Supply Block, that the Tendering Companies shall subscribe
with one or more Successful Bidders. The text of the contract
is included in Annex 19 of these Terms and Conditions. The
parties, except for those points where the format proper
requires an agreement between the parties, shall not modify
this text.
Supply Sub-Block
:
The Supply Sub-Block corresponds to the minimum subdivision
of the Supply Block that the Bidder can commit in his Bid. All
the Sub-Blocks of a same Supply Block have equal amounts of
annual energy, date of beginning and deadline. Each SubBlock contains a Base component and a Variable component,
which constitutes 10% of the energy required in each year by
the Base component.
Tender
:
It refers to the National and International Public Tender to
award Supply Contracts corresponding to Bid 2015/01,
comprising the Tender Schedule and its various stages and
that is regulated by these Terms and Conditions and the
current regulations.
Tender Schedule
:
It is the activities’ schedule and deadlines included in these
Terms and Conditions.
UF
:
Development Unit.
US$ or Dollars
:
United States Dollars.
Year or Calendar Year :
Twelve-month period starting on January 1st at 00:00 hours,
and ending on December 31st at 24:00 hours.
Page 15
2015/01 Supply Tender
2. PURPOSE OF THE TENDER
To award, within the framework of the Tender, the supply of energy and power to supply
the electricity utility consumptions of clients subject to regulated prices located in the
concession zones of the Tendering Companies, which until the date of this Tender have
not been awarded in former processes and executing the respective Supply Contracts
between the Tendering Companies and the Successful Bidder(s) in order to guarantee
the electric supply required to satisfy the consumption of their end clients subject to
price regulation, for the periods indicated in these Terms and Conditions. All the
abovementioned is in compliance of what is established in the LGSE, under Resolution N°
215, in the Tenders Regulation and the additional applicable regulations.
3. REGARDING THE SUPPLY CONDITIONS AND CHARACTERISTICS, TYPES OF BIDS AND
AMOUNT TO BID
The total needs projected for the Tendering Companies for the 2021-2030 period are the
ones mentioned below. They have been determined according to what is established in
article 131º and following of the LGSE. The Supply Blocks offered in this process are also
presented below, with a period of application between years 2021 and 2041, both years
included where the amounts presented in the next tables remain constant from 2030
onward.
Energy [GWh]
Concept
Sub item
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
Forecast
45,026
46,664
48,312
50,013
51,769
53,591
55,474
57,426
59,446
61,537
Contracted
37,939
33,138
31,112
25,504
18,102
15,170
12,220
10,867
10,869
10,867
Requirements
7,091
Supply Block N°1
17,201
4,400
24,509
4,400
33,666
4,400
38,422
4,400
43,256
4,400
46,556
4,400
48,577
4,400
50,669
4,400
4,400
13,531
4,400
Supply Block N°2-A
680
680
680
680
680
680
680
680
680
680
Supply Block N°2-B
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
Supply Block N°2-C
520
520
520
520
520
520
520
520
520
520
-
7,150
7,150
7,150
7,150
7,150
7,150
7,150
7,150
7,150
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
Forecast
3,380
3,508
3,638
3,773
3,912
4,055
4,204
4,359
4,519
4,686
Contracted
2,558
2,270
2,157
1,825
1,338
1,159
767
697
698
699
Requirements
664
1,212
1,114
1,024
995
990
1,069
1,058
1,058
1,058
Supply Block N°1
442
388
357
328
318
317
342
339
339
338
Supply Block N°2-A
68
60
55
51
49
49
53
52
52
52
Supply Block N°2-B
101
88
81
75
72
72
78
77
77
77
Supply Block N°2-C
52
46
42
39
38
37
40
40
40
40
Supply Block N°3
0
630
579
533
518
515
556
550
550
550
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
Supply Block N°3
Reactive [GVArh]
Concept
Concept
Sub item
Sub item
Page 16
HP Demand [MW]
2015/01 Supply Tender
Forecast
7,068
7,328
7,591
7,862
8,142
8,431
8,730
9,040
9,362
9,695
Contracted
6,463
5,646
5,234
4,253
3,139
2,541
2,097
1,809
1,808
1,807
Requirements
1,043
695
1,695
543
1,477
473
1,305
418
1,245
398
1,197
383
1,186
380
1,168
374
1,166
373
1,165
373
Supply Block N°2-A
0
0
0
0
0
0
0
0
0
0
Supply Block N°2-B
0
0
0
0
0
0
0
0
0
0
Supply Block N°2-C
348
271
236
209
199
192
190
187
187
186
0
882
768
679
648
622
617
607
606
606
Supply Block N°1
Supply Block N°3
Dem Maxima [MW]
Concept
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
Forecast
Sub item
7,944
8,241
8,539
8,848
9,167
9,498
9,840
10,196
10,565
10,948
Contracted
7,047
6,151
5,707
4,628
3,382
2,732
2,334
2,025
2,026
2,027
Requirements
1,320
2,295
2,205
2,131
2,100
2,085
2,049
2,046
2,046
2,047
Supply Block N°1
660
633
608
588
579
575
565
564
565
565
Supply Block N°2-A
330
317
304
294
290
288
283
282
282
282
Supply Block N°2-B
330
317
304
294
290
288
283
282
282
282
Supply Block N°2-C
330
317
304
294
290
288
283
282
282
282
-
1,029
988
955
941
935
918
917
917
918
Supply Block N°3
Annex 1 includes the monthly distribution of active and reactive energy and maximum
demand, all of them included as a reference for the requirements of the Tendering
Companies associated to this tendering process.
The consumption forecasts consider the client composition of the Tendering Companies
and their respective historical consumption characteristics.
According to what is stated in the Tenders Report, approved by CNE Exempt Resolution
N°164 dated April 14th 2015, the following table presents the historical purchase of the
Tendering Companies for their clients subject to price regulation. Also, the table shows
the annual growth rates resulting for the period.
Year
Tendering Companies
Purchase for clients subject
to price regulation (MWh)
Annual
growth rate
2007
24.151,241
-
2008
24,375,893
0.9%
2009
24,726,897
1.4%
2010
25,876,967
4.7%
2011
27,399,041
5.9%
2012
28,722,378
4.8%
2013
31,020,812
8.0%
2014
32,349,154
4.3%
Page 17
2015/01 Supply Tender
The following Table shows the consumptions of each Tendering Company for years
2007 to 2014 and the forecasts until year 2030.
Consumptions (GWh) 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 EMELARI 222 237 237 254 276 290 299 312 339 352 366 380 394 408 ELIQSA 364 384 379 432 466 485 500 507 554 575 598 620 674 700 ELECDA SING 664 685 706 749 790 858 908 959 1,051 1,092 1,134 1,177 1,221 1,267 ELECDA SIC 21 21 21 18 19 19 23 24 26 27 28 29 30 32 EMELAT 550 561 566 571 618 641 675 702 760 789 821 856 892 929 CHILQUINTA 1,879 1,861 1,952 2,044 2,160 2,288 2,418 2,526 2,689 2,800 2,922 3,050 3,183 3,321 CONAFE 1,443 1,368 1,426 1,509 1,545 1,644 1,739 1,810 1,964 2,045 2,134 2,228 2,395 2,504 EMELCA 13 13 12 14 15 15 15 15 17 17 18 19 20 21 LITORAL 71 70 69 71 72 80 85 91 98 102 107 111 116 121 9,154 8,849 9,080 9,532 12,448 12,887 13,385 13,890 14,789 15,357 CHILECTRA EEPA CGE DISTRIBUCIÓN 10,030 10,245 11,334 11,710 199 201 201 222 227 246 248 267 291 301 313 324 337 349 6,430 6,768 6,822 7,093 7,573 8,067 8,688 9,124 9,900 10,273 10,697 11,148 11,913 12,440 COOPELAN 61 62 64 70 82 84 87 88 96 101 106 110 115 119 FRONTEL 710 839 799 815 867 924 970 1,022 1,111 1,166 1,221 1,274 1,326 1,379 SAESA 1,712 1,737 1,689 1,735 1,854 1,998 2,116 2,217 2,417 2,507 2,605 2,707 2,812 2,919 CODINER 50 49 48 51 55 60 67 70 80 84 88 91 95 98 EDECSA 45 47 41 44 46 47 55 58 60 63 66 69 72 75 CEC 87 96 93 103 101 104 113 115 124 127 132 136 140 145 LUZLINARES 71 85 86 95 103 107 114 124 135 144 152 159 164 169 LUZPARRAL 49 56 56 59 66 69 80 92 110 118 126 133 139 144 COPELEC 105 114 115 114 125 130 144 157 178 187 197 206 214 222 COELCHA 31 36 38 42 48 52 53 57 64 69 74 78 81 84 SOCOEPA 22 22 26 22 24 25 26 28 31 32 33 34 35 36 COOPREL 30 31 30 31 33 32 36 38 42 44 45 47 49 50 LUZ OSORNO 121 127 116 124 135 134 142 153 166 171 177 184 190 197 CRELL 47 55 56 63 71 80 83 85 101 108 115 121 125 129 34,852 36,181 37,660 39,190 41,652 43,350 Total Consumptions 24,151 24,374 24,728 25,877 27,401 28,724 31,018 32,351 Page 18
2015/01 Supply Tender
Consumptions (GWh) 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 EMELARI 423 438 454 470 486 503 521 540 559 578 ELIQSA 724 749 774 800 827 856 885 915 946 978 1,313 1,358 1,407 1,457 1,508 1,561 1,617 1,674 1,733 1,794 33 34 36 37 38 40 41 43 45 46 967 1,005 1,044 1,084 1,126 1,169 1,214 1,260 1,309 1,359 3,462 3,597 3,732 3,873 4,018 4,169 4,326 4,488 4,657 4,832 ELECDA SING ELECDA SIC EMELAT CHILQUINTA Page 19
2015/01 Supply Tender
CONAFE 2,609 2,710 2,812 2,917 3,026 3,139 3,256 3,377 3,503 3,634 EMELCA 22 22 23 24 25 26 27 28 29 30 LITORAL 126 131 136 141 147 152 158 164 170 177 16,053 16,604 17,150 17,716 18,300 18,904 19,526 20,170 20,835 21,523 362 374 387 400 413 427 441 456 471 487 12,946 13,458 13,974 14,509 15,062 15,636 16,232 16,851 17,493 18,160 124 129 133 138 143 148 153 158 164 170 FRONTEL 1,433 1,485 1,538 1,592 1,648 1,706 1,765 1,827 1,891 1,958 SAESA 3,029 3,127 3,224 3,324 3,425 3,530 3,639 3,750 3,865 3,983 CODINER 102 105 109 112 115 119 123 126 130 134 EDECSA 78 81 84 87 90 94 97 101 105 109 CEC 149 153 157 160 164 168 172 176 180 184 LUZLINARES 175 179 183 188 192 196 201 206 210 215 LUZPARRAL 150 155 161 166 172 178 184 191 198 205 COPELEC 231 240 248 257 266 275 285 295 305 316 COELCHA 88 91 94 97 101 104 108 112 116 120 SOCOEPA 38 39 40 41 42 43 44 46 47 48 COOPREL 52 53 55 56 58 60 61 63 65 66 LUZ OSORNO 203 209 215 221 227 234 240 247 253 260 CRELL 134 138 142 146 150 154 158 162 167 171 45,026 46,664 48,312 50,013 51,769 53,591 55,474 57,426 59,446 61,537 CHILECTRA EEPA CGE DISTRIBUCIÓN COOPELAN Total Consumptions 3.1.
SUPPLY BLOCKS
The Supply Block is the maximum consumption commitment that the Proponent can
make in his bid and represents the total energy cluster to be awarded by the Tendering
Companies in this Tender. Each Supply Block is subdivided in Sub-Blocks that contain a
Base component and a Variable component. The Base component is associated to the
annual energy required in each year, while the Variable component intends to absorb
unexpected increases in the energy demand.
This process considers the tendering of five Supply Blocks defined according to the
characteristics established in the subsequent numbers.
Page 20
2015/01 Supply Tender
3.2.
ECONOMIC BIDS FOR SUPPLY BLOCKS
For the purposes of this Tender, for the Point of Bid it is required to have five Energy
Supply Blocks and their associated power called:
•
Supply Block Nº 1, in force from January 1st 2021 until December 31st 2040.
The following Table shows the amount of energy associated to Supply Block Nº 1 and its
breakdown in Base component and Variable component. Annex 1 includes the monthly
and referential distribution by Purchase Point as percentage of the annual total.
Energy to Bid (GWh)
Supply Block
N°1
Supply Block
4,400
Base Component
4,000
Variable Component
400
The Variable component corresponds to 10% of the energy required each year for the
Base component.
Supply Block N°1 will be divided in two hundred and fifty (250) Sub-blocks, all of them of
the same size or amount of energy annually and with the same starting and expiration
dates indicated for such Supply Block.
•
Supply Blocks Nº 2, all of them in force from January 1st 2021 until December 31st
2040.
Supply Blocks Nº 2 are made up by three Supply Blocks destined to supply different
hourly periods during the day:
o Supply Block Nº 2-A, destined to solely supply the consumptions made by the
Tendering Companies during the time periods between 00:00 hrs. and 07:59 hrs.
and between 23:00 hrs. and 23:59 hrs.
o Supply Block Nº 2-B, destined to solely supply the consumptions made by the
Tendering Companies during the time period between 08:00 hrs. and 17:59 hrs.
o Supply Block Nº 2-C, destined to solely supply the consumptions made by the
Tendering Companies during the time period between 18:00 hrs. and 22:59 hrs.
The following Table shows the amount of energy associated to the different Supply
Blocks Nº 2-A, Nº 2-B and Nº 2-C and their breakdown in Base component and Variable
Page 21
2015/01 Supply Tender
component. Annex 1 includes the monthly and referential distribution by Purchase Point
as percentage of the annual total.
Energy to Bid (GWh)
Supply
Block
N°2-A
Supply
Block
N°2-B
Supply
Block
N°2-C
Supply Block
680
1,000
520
Base Component
618
909
473
Variable Component
62
91
47
The Variable component corresponds to 10% of the energy required each year for the
Base component.
Each of the Supply Blocks N° 2-A, N° 2-B and N° 2-C will be divided in fifty (50) Subblocks, all of them of the same size or amount of energy annually and with the same
starting and expiration dates indicated for each Supply Block.
•
Supply Block Nº 3, in force from January 1st 2022 until December 31st 2041.
The following Table shows the amount of energy associated to Supply Block Nº 3 and its
breakdown in Base component and Variable component. Annex 1 includes the monthly
and referential distribution by Purchase Point as percentage of the annual total.
Energy to Bid (GWh)
Supply Block
N°3
Supply Block
7,150
Base Component
6,500
Variable Component
650
The Variable component corresponds to 10% of the energy required each year for the
Base component.
The Supply Block N° 3 will be divided in three hundred and twenty five (325) Sub-blocks,
all of them of the same size or amount of energy annually and with the same starting
and expiration dates indicated for such Supply Block.
Page 22
2015/01 Supply Tender
The Proponent shall make his bids for the Sub-blocks of the corresponding Supply Block
in an isolated or clustered manner, in compliance of the Economic Bid form included in
Annex 15 of these Terms and Conditions.
3.3. SUPPLY CONTRACTS BETWEEN TENDERING COMPANIES AND SUCCESSFUL
BIDDERS
The Tendering Companies shall subscribe Supply Contracts separately with the awarded
Proponent or Proponents. However, all or some of the Tendering Companies can
mandate one of them to represent them in the execution of the respective contract and
in that contract’s management and administration, in compliance of what is established
in number 3.10 of these Terms and Conditions.
For this purpose, the percentage distribution of the various Supply Blocks required by
each one of the Tendering Companies are the ones indicated in the following Table:
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030-2040
EMELARI
Company
0.86%
0.56%
0.53%
0.44%
0.37%
0.37%
1.20%
1.16%
1.15%
1.14%
ELIQSA
0.23%
0.30%
0.38%
0.38%
0.35%
0.39%
2.05%
1.97%
1.95%
1.93%
ELECDA SING
1.17%
0.95%
1.03%
0.93%
0.83%
0.86%
3.74%
3.60%
3.57%
3.54%
ELECDA SIC
0.08%
0.07%
0.06%
0.06%
0.08%
0.07%
0.07%
0.07%
0.07%
0.07%
EMELAT
2.41%
1.94%
1.84%
1.58%
2.43%
2.32%
2.17%
2.12%
2.13%
2.14%
CHILQUINTA
3.00%
2.70%
2.84%
7.02%
7.77%
7.33%
8.09%
7.92%
7.95%
7.98%
CONAFE
13.72%
9.36%
8.31%
6.71%
6.65%
6.49%
6.05%
5.91%
5.92%
5.94%
EMELCA
0.00%
0.00%
0.00%
0.06%
0.05%
0.05%
0.04%
0.04%
0.04%
0.04%
LITORAL
0.11%
0.10%
0.11%
0.27%
0.30%
0.28%
0.29%
0.29%
0.29%
0.29%
32, 38%
34, 54%
38, 80%
38, 49%
33, 16%
35, 91%
33, 44%
35, 0.5%
34, 99%
34, 93%
CHILECTRA
EEPA
0.35%
0.36%
0.98%
0.80%
0.69%
0.85%
0.80%
0.78%
0.78%
0.78%
CGE DISTRIBUCIÓN
17.92%
29.00%
27.07%
27.84%
32.91%
31.33%
29.28%
28.68%
28.79%
28.90%
COOPELAN
0.62%
0.45%
0.41%
0.33%
0.31%
0.30%
0.28%
0.27%
0.27%
0.27%
FRONTEL
7.83%
5.51%
4.92%
3.99%
3.60%
3.44%
3.20%
3.12%
3.12%
3.13%
SAESA
15.71%
11.14%
9.91%
8.03%
7.34%
6.99%
6.47%
6.29%
6.26%
6.23%
CODINER
0.51%
0.34%
0.30%
0.25%
0.24%
0.22%
0.21%
0.20%
0.20%
0.20%
EDECSA
0.00%
0.01%
0.03%
0.18%
0.20%
0.19%
0.18%
0.17%
0.17%
0.17%
CEC
0.34%
0.33%
0.32%
0.29%
0.30%
0.29%
0.27%
0.26%
0.25%
0.25%
LUZLINARES
0.27%
0.19%
0.17%
0.39%
0.43%
0.40%
0.37%
0.35%
0.35%
0.34%
LUZPARRAL
0.27%
0.18%
0.16%
0.42%
0.40%
0.37%
0.34%
0.33%
0.33%
0.33%
COPELEC
0.76%
0.65%
0.60%
0.52%
0.52%
0.50%
0.46%
0.45%
0.45%
0.45%
COELCHA
0.10%
0.15%
0.15%
0.14%
0.18%
0.18%
0.18%
0.18%
0.18%
0.18%
SOCOEPA
0.06%
0.07%
0.07%
0.07%
0.07%
0.07%
0.06%
0.06%
0.06%
0.06%
COOPREL
0.08%
0.10%
0.09%
0.09%
0.10%
0.09%
0.08%
0.08%
0.08%
0.07%
LUZ OSORNO
1.04%
0.73%
0.65%
0.52%
0.49%
0.46%
0.43%
0.41%
0.41%
0.41%
CRELL
0.17%
0.24%
0.24%
0.23%
0.27%
0.27%
0.25%
0.24%
0.24%
0.24%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
TOTAL
Page 23
2015/01 Supply Tender
3.4.
POINTS OF BID
The only Point of Bid where the Proponents must deliver the prices and amounts offered
corresponds to Polpaico 220 kV.
3.5.
POINTS OF PURCHASE
According to what is provisioned by Resolution N° 215, the Points of Purchase shall
correspond to all those busbars or nodes included in the short term node price decree
that is in force at the moment of billing, from where the Tendering Companies are
supplied according to what is established in the current decree that establishes the subtransmission tariffs and their indexation formulas.
Without detriment to the former, Annex 2 of these Terms and Conditions indicate as a
reference the energy and power Purchase points associated to the decree that
establishes the sub-transmission tariffs and their indexation formulas that is in force at
the moment of the call for tender.
The energy and power proportion required in each Purchase Point is included as a
reference in the above-mentioned Annex 2.
3.6.
REGARDING THE SUPPLY PERIOD
The supply period for Supply Block Nº 1 is twenty (20) years with starting date on
January 1st, 2021 and ending date of December 31st 2040.
The supply period for Supply Block Nº 2-A is twenty (20) years with starting date on
January 1st, 2021 and ending date of December 31st 2040, exclusively during the time
periods between 00:00 hrs. and 07:59 hrs. and between 23:00 hrs. and 23:59 hrs.
The supply period for Supply Block Nº 2-B is twenty (20) years with starting date on
January 1st, 2021 and ending date of December 31st 2040, exclusively during the time
period between 08:00 hrs. and 17:59 hrs.
The supply period for Supply Block Nº 2-C is twenty (20) years with starting date on
January 1st, 2021 and ending date of December 31st 2040, exclusively during the time
period between 18:00 hrs. and 22:59 hrs.
The supply period for Supply Block Nº 3 is twenty (20) years with starting date on
January 1st, 2022 and ending date of December 31st 2041.
Page 24
2015/01 Supply Tender
3.7.
INDEXATION FORMULAS
The indexation formulas for the power and energy prices included in the Bids must be
subject to what is established in Annex 9 of these Terms and Conditions.
3.8.
REGARDING THE SUBMISSION OF BIDS AND STANDARD FORMS
The bids for each Supply Block must be submitted on the date established in the Tender
Schedule.
Only those Supply Bids that include the entire period defined in number 3.6 for each
Supply Block will be considered.
The bids for each Supply Block can be equal or lower than the total amount required in
the Point of Bid, adjusting itself to an integer number of Sub-Blocks of each Supply
Block, individually or clustered, as indicated in number 3.2.
Annex 15 in these Terms and Conditions includes the standard forms to prepare the
Supply Bids for each Supply Block.
3.9.
REGARDING THE REMUNERATION REGIME FOR THE TENDER’S SUCCESSFUL
BIDDER
Annex 19 in these Terms and Conditions includes the Supply Contract model to be
subscribed by the Successful Bidder(s) with the Tendering Companies. It contains the
rights and obligations of each of the parties.
The Supply Contract includes, among other aspects, the following matters:
a) Energy Price: The energy price of the supply shall be equal to the Tender price
resulting at the Point of Bid, limited to what is provisioned by the Commission in
the confidential administrative decision that establishes the Maximum Value of
the Energy Bids. The energy price at the Purchase Points is determined according
to what is provisioned in Resolution N° 215 or the Tender Regulation that
substitutes it.
In Supply Contracts that are subscribed between the Tendering Companies and
the Successful Bidder(s), the Points of Purchase will be specified in agreement
with what is indicated in number 3.5 above. The prices associated to each one of
these Points of Purchase shall correspond to the price resulting from the Tender
at the Point of Bid, multiplied by the ratio between the energy modulation factors
of the Point of Purchase and the Point of Bid, as established in the short term
node prices decree that is in force on the billing date. The resulting energy prices
for the Points of Purchase must be expressed in United States Dollars (US$) per
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MWh, namely, US$/MWh and with three (3) decimal points. These prices must be
indexed following the indexation formulas found in Annex 9 and according to what
is established in the LGSE.
The Tendering Companies’ charges and conditions of application for reactive
energy consumption will be the ones established in the short-term node prices
decree that is in force in each billing month.
In any case, the total amount of active or reactive energy to be billed to the
Tendering Companies for regulated clients purchases will be equal to the values
that are actually demanded by them in the respective billing period. The purchase
of active energy and the charges for reactive energy will be made at all moments
in each Point of Purchase in a non-discriminatory basis, considering what is
established in letter d) of this same section.
Considering what is established in the preceding paragraph and with the aim of
ensuring that the energy bought by the Tendering Companies in virtue of this
Tender doesn´t exceed at the end of the calendar year the amount of the
respective Supply Block in its Base and Variable components, the amount of
consumption accumulated in the relevant year will be recorded as provisioned in
the Tenders Regulation. Those records will determine the maximum energy that
the Bidder(s) will be obliged to supply until the closing of each calendar year,
applying the corresponding prorating.
b) Power Price: The power price during peak hours in the Point of Bid corresponds
to the price fixed for such point in D.S. Nº 10T/14, namely, 8.3593
US$/kW/month. The power price in peak hours in the respective Points of
Purchase will be equal to the price of power in the Point of Bid, duly indexed,
multiplied by the ratio between the power modulation factors of the Point of
Purchase and the Point of Bid, as established in the decree for the short term
node prices that are in force at the date of billing. The resulting power price for
the Points of Purchase must be expressed in United States Dollars (US$) per
kW/month, namely, US$/kW/month and with four (4) decimal points.
The application conditions for this billing shall correspond to the ones established
in the short-term node price decree that is in force in each billing month.
c) Shared Supplies: In case the Tender results in more than one Successful Bidder, a
Supply Contract shall be subscribed with each Successful Bidder and, to maintain
equality among the parties for billing the Tendering Companies, each one of the
Supply Contracts shall follow at all moments the conditions established in the
Tenders Regulation.
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d) Assigning the Demand Variations: The adjustments between the awarded
amounts and the amounts that are effectively demanded by the Tendering
Companies for each month due to the total demand variations of price-regulated
clients with respect to the total contracted volume will be applied according to
the conditions established in the Tenders Regulation and according to the
following considerations:
1) Active Energy: In each billing period, the monthly energy to be invoiced by all
the supplier companies of the corresponding Tendering Companies will be
equal to the total amount of energy that is actually consumed by its priceregulated clients in the respective month. In case the energy that is actually
consumed is lower than the total supply contracted, the billing will be made
for each Point of Purchase for the demand that is actually consumed in a nondiscriminatory manner and prorating the entire annual supplies contracted
from each Supplier for the corresponding year.
Without detriment to the former, and for the billing of Supply Blocks Nº 2,
three prorating actions will be determined for the daily consumption:
i)
For the energy demanded between 00:00 and 07:59 hours and between
23:00 and 23:59 hours, where the Supply Block Nº 2-A participates in the
determination of the prorating;
ii) For the energy demanded between 08:00 and 17:59 hours, where the
Supply Block Nº 2-B participates in the determination of the prorating;
and
iii) For the energy demanded between 18:00 and 22:59 hours, where the
Supply Block Nº 2-C participates in the determination of the prorating.
Only for the purpose of determining the prorating that can be assigned to the
Supply Blocks Nº 2-A, Nº 2-B and Nº 2-C, it will be necessary to determine a
daily equivalent contracting amount for them. Hence, the annual contracted
amounts in Supply Blocks Nº 2 will be amplified by a factor according to the
following:
§
Factor for Contracts of Supply Block Nº 2-A: 3.2353
§
Factor for Contracts of Supply Block Nº 2-B: 2.2000
§
Factor for Contracts of Supply Block Nº 2-C: 4.2308
These assigned factors are determined by the quotient between the energy
volume of the clusters of Supply Blocks Nº 2 and the energy volume associated
to Supply Block N° 2-A, N° 2-B or N° 2-C, as applicable, in compliance of what
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is established in number 3.2 above. However, in case a set of bids with
restrictions by an equal number of Sub-Blocks in Supply Blocks Nº 2-A, Nº 2-B
and Nº 2-C are awarded, for contract purposes, such set of bids will be
considered as a supply bid for 24 hours, with a price that is equivalent to the
average weighted price, therefore it won’t be necessary to use the
abovementioned factors to determine the assignable prorating.
2) Peak Hours Power: Only the suppliers that contracted Blocks supply energy
during the peak hours of the respective System will be able to bill the power.
In each Point of Purchase, the Tendering Companies shall determine the
amounts of power that each Supplier will allocate, and therefore will consider
the total power to be invoiced in the billing based on the maximum demand
regime read for the corresponding billing period, prorating the invoiced
monthly active energy, with respect to the total active energy billed for the
Supply Blocks supplied during the peak hours. Only to determine the prorating
that can be assigned to the different Blocks, it will be necessary to determine
for Supply Blocks N° 2-A, N° 2-B or N° 2-C, a daily equivalent billing amount.
For that purpose, the monthly energy amounts billed from the indicated
Supply Blocks will be amplified according to the factor established in number
1) above.
3) Reactive Energy: In each Point of Purchase Tendering Companies shall
determine at all moments the amounts applicable to the reactive energy
charges that each Supplier will invoice, in each Point of Purchase shared with
other Suppliers, prorating the monthly active energy billed by the
corresponding Supplier according to the abovementioned number 1), with
respect to the total amount of active energy that has been effectively
demanded by the Bidders, destined to their regulated clients.
e) Unconventional generation: With respect to this subject matter, the Supplier or
Suppliers must comply with what is established in LGSE and LGSE’s Regulation.
f) Charges for the use of the transmission systems: In compliance of what is
established in the LGSE and in the Tenders Regulation regarding the payment for
using the transmission system, the bills issued by the Supplier or Suppliers to the
Tendering Companies must include the detailed charges for the use of the sub
transmission system, additional charges and any other charge for transmission
items.
g) Service Security and Quality: The requirements corresponding to this subject
matter established in each Supply Contract will be adjusted according to the
Technical Service Security and Quality Standard. The Proponents will not be able
to offer special service qualities.
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h) Billing terms and dates: Within the first 5 business days of each month the
Distributor shall submit to the Supplier the information required for the latter one
to issue the corresponding bill. The Supplier or Suppliers will be obliged to issue
the respective supply bills within the first 8 business days of each month and the
exchange rate considered in the determination of short-term node prices in force
in each billing month shall be used. In turn, the interests for any delay in their
payment and the charges for any other item will be ruled by the short-term node
prices decree in force in each billing month, from the moment of the execution of
the Contract or Contracts of the respective Supply. In virtue of the former, the
exchange rate to be used in the monthly billing will be in force during six months
depending on the duration of the steady state node prices decree, namely,
between May and October and between November and April of the following year.
i) Adjustment to the current regulation: The Supply Contract at all moment will be
subject to the current rules, such as laws, regulations and tariff decrees that have
an effect in the Contract’s execution. In agreement with this, in case of
important changes that occur under the circumstances that exist at the moment
of execution of the corresponding contract caused by amendments to the current
rules, the parties shall modify or adjust the Contract’s clauses and conditions to
have an adequate correlation between both. The amendments made to the
Contracts shall be limited to the ones that are strictly necessary to adjust it to
the new circumstances and shall not alter the price awarded in the Point of Bid or
Purchase, without detriment to what is established in articles 27 and 28 of
Resolution Nº 215, in article 134 of the LGSE, the indexation mechanisms and
remaining essential conditions and stipulations of the Contract. Any modification
to the Supply Contract must have the previous approval of the Commission. In
case of regulatory changes in terms of the transmission remuneration regime,
such charge must be adjusted in such a manner that it doesn’t imply a double
charge for the energy withdrawal.
j) Transfer of the contracts’ surplus: The Tendering Companies that have or
believe they will have contracted supply surplus will be able to agree with other
concessionaires that belong to the same electric group the transfer of that surplus
amount according to what is established in article 135º quater of the LGSE.
k) Continuation of supply in case of anticipated termination of the Supply
Contract: In the contract to be subscribed between the Tendering Companies and
the successful bidder and once the tender is completed – in case of anticipated
termination of the contract and except for the cases of bankruptcy and
anticipated termination due to delay or unfeasibility of new generation projects,
in which case they will be subjected to what is provisioned by LGSE – the parties
can agree on the obligation to continue the energy and power supply under the
same conditions stipulated in the contract. This obligation can´t exceed twelve
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consecutive months after the Notification of the Contract’s Anticipated
Termination. On the other hand, the Tendering Companies must pay the prices
established in the Supply Contract for such supply during the entire
abovementioned period.
l) Compliance of the Obligations established in article 150º bis of the LGSE: It is
expressly stated that the Successful Bidders declare knowing, accepting and
complying with the obligation established in the LGSE, regarding the electric
energy generation with non-conventional renewable energies, hereinafter NCRE.
3.10. REGARDING THE JOINT AWARDING
The Tendering Companies shall coordinate their efforts to carry out this tender’s Award
process in a joint manner for the sum of their individual supplies to be contracted.
Without detriment to the joint award to be made, the Tendering Companies mentioned
in the former paragraph shall subscribe supply contracts separately with the Successful
Proponent(s). For this purpose, the percentage distribution of the Supply Blocks required
by the Tendering Companies are the ones indicated in number 3.3 of these Terms and
Conditions. In this manner, the contracts that are ultimately subscribed among the
participant distribution companies must be defined between each distribution company
and each one of the successful proponents prorating the requirements indicated for each
distribution company in the Point of Bid.
Notwithstanding what is established in the former paragraph, all or some of the Bidders
can mandate their representation to one of the successful bidders in the execution of
the respective contract and in its management and administration.
4. REGARDING THE PROPONENT
4.1.
CONDITIONS AND REQUIREMENTS TO BECOME BIDDER OR PROPONENT
Chilean or foreign legal persons can participate in this Tender both individually or in a
Consortium or partnership of two or more legal persons that have bought the Terms and
Conditions and that form part of the registry prepared by the Tendering Companies,
even if they are partnerships that don’t have as their lines of business the electric
energy generation and that at least possess:
a.- A risk rating report issued by any of the risk rating companies mentioned in Annex 3
of these Terms and Conditions. This report shall not be older than twelve months from
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the date of submission of the Bid. The Risk Rating required from the Proponents must
not be lower than BB+; or
b.- A risk rating report issued by any of the risk rating companies mentioned in Annex 3,
provided it is authorized by the current regulations in virtue of article 71 section second
of Law Nº 18.045 of the Securities Market and which contents include a rating or
category equivalent to a risk rating of not less than BB+.
The Risk rating required is local, and it is possible to submit an international Risk rating
if the former one is not available.
If the Bidder includes the report mentioned in letter b.-, in case his Bid is awarded, he
must comply with the obligation of replacing the report mentioned with the reports
established in letter a.- in this section, within the time term and conditions established
in number 4.5.6 of these Terms and Conditions, namely, at the latest up to one year
before the date of the beginning of the supply.
If the Bidder is an individual and is not a Corporation or Joint-Stock Company with the
line of business of electric energy generation, in case his Bid is awarded in this Tender,
he must comply with the obligation of incorporating in Chile as a Corporation or JointStock Company with the line of business of electric energy generation within a maximum
period as established in number 4.5.8 of these Terms and Conditions.
For the previous paragraph, the Bidder will be joint and severally liable for the
partnership created to fulfil the requirements and obligations resulting from this Tender,
the contents of its Bid, the relevant norms and also the obligations resulting from the
Supply Contract, its execution and the relevant sectorial regulations. For this purpose,
the joint liability must be agreed through public deed throughout the time period of the
Supply Contract or until the partnership that is created, by itself, fulfils the risk rating
requirements mentioned in the first previous paragraph.
4.2.
CONSORTIA
In case the Tender is awarded to Consortia or Partnerships, they shall be incorporated in
Chile as a Corporation or Joint-Stock Company with the line of business of electricity
generation within the maximum period of 90 days after the date of subscription of the
awarding minutes.
The legal persons that make up the Consortium or Partnership will be individually joint
and severally liable of the incorporated Corporation or Joint-Stock Company to fulfil all
the requirements and obligations resulting from this Tender, the contents of their Bid,
the relevant norms and also the obligations resulting from the Supply Contract, its
execution and the relevant sectorial regulations. For this purpose, the joint liability must
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be agreed through public deed throughout the time period of the Supply Contract or
until the partnership that is created, by itself, fulfils the risk rating requirements of
these Terms and Conditions.
The information the Tendering Companies will require from the Consortia to participate
in the Tender are detailed in number 4.5, “ADMINISTRATIVE BID ”.
The Consortia must have a lead legal person that shall appoint the Bidder’s
Representative and must own at least 50% of the Corporation or Joint-Stock Company
with line of business of electric energy generation that must be incorporated in the
period mentioned above in case its Bid is awarded.
At least one of the companies that form part of that Consortium must buy the Terms and
Conditions and the lead legal person must submit a Risk Rating that complies with the
minimum rating required (BB+). The Risk Rating required is local, and an international
risk rating can be submitted if it doesn´t have a local risk rating available.
4.3.
BIDDERS WITH NEW GENERATION PROJECTS
The Bidder(s) that apply for a Supply Contract with a new generation project and wish to
make use of the postponement of the beginning of supply or anticipated termination of
the contract Mechanism must expressly declare it in their Administrative Bid, according
to Annex 18. For this purpose, they must comply with what is provisioned in these Terms
and Conditions and they must also expressly mention that they are applying with one or
more new generation projects.
They must precisely and particularly indicate the name of the new project with which
they are applying and associating it to their respective Bid.
In their bids they must expressly present the construction milestones with the time
terms associated to their commitments in the project that is the base of their bid. They
at least must consider the following milestones: obtaining the environmental
qualification resolution; requesting and obtaining the respective electric concession; the
order to proceed with major equipment; the beginning of construction and any other
element considered as relevant in the pertinent construction process.
Likewise, for this case the Bid must consider and expressly declare the obligation to
provide a guarantee for the payment of the use of the postponement of the beginning
of supply or anticipated termination of the contract Mechanism according to what is
established in number 11.1 in Chapter 2 of the Terms and Conditions. This guarantee
must be submitted at the moment of contract execution.
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4.4.
PURCHASE OF TERMS AND CONDITIONS
The Terms and Conditions to participate in the Tender can be bought by Chilean or
foreign legal persons either individually or as part of a Consortium.
The Tendering Companies shall have a registry of the legal persons that buy the Terms
and Conditions. They must be duly individualized and they will be the only ones with
access to the entire Tender in the corresponding stages. The Tendering Companies shall
provide a sales receipt and proof of registry of the respective legal person. Such registry
will be public at the latest 48 hours after the Date of Submission of Bids, in the Web sites
established in number 6 of Chapter 2 of these Terms and Conditions.
4.5.
ADMINISTRATIVE BID
The administrative bids submitted by the bidders must be made up by the legal,
commercial and financial information required, among other things, to identify the
Proponent, prove its legal existence, to determine its financial soundness and capacity,
to establish guarantees to fulfil the requirement of being a corporation with the line of
business of electricity generation, as applicable, and accrediting its experience in this
field of work.
Any Administrative Bid that includes any document with amendments, erasure marks or
fixes of any type will be declared as being out of Terms and Conditions’ specifications
and at that moment the respective Bid will not be considered valid for the Tender.
Below there is a list of documents that should be submitted by the Proponents in their
Administrative Bid:
4.5.1.
Document 1 “Terms and Conditions and Supporting Documents Acceptance
Declaration”
The Proponent must enclose a declaration that is duly signed by the legal
representative(s) with the format attached in Annex 4.
In case a Proponent doesn’t have legal representation in Chile, he shall appoint a
representative for the respective Tender through a notary public power of attorney in
agreement with what is requested in Document 3.
In this declaration the Proponent must accept the terms, conditions and stipulations of
these Terms and Conditions and all their annex documents.
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In the case of Consortia, they will have to submit a declaration for each member of the
Consortium.
4.5.2.
Document 2 “Description and Identification of the Proponent”
In order to adequately identify and qualify each Proponent, he must submit the following
information in the form included in Annex 10 of these Terms and Conditions:
•
•
•
•
•
•
Business Name and Trade Name.
Legal Representative(s) of the legal person with power of attorney to act
on its behalf.
Simple copy of the Business ID [Rol Único Tributario, (RUT)] of the legal
person and legal representative. In the case of foreign legal persons, the
equivalent tax document in the country of origin must be submitted.
Date of incorporation or date of starting of activities.
Business activity or sector in which the company operates.
Address, telephone numbers, fax number, post office box, web site (if
applicable) and contact’s email.
In the case of Consortia, it will be necessary to submit the abovementioned information
for each one of the member Chilean or foreign legal persons.
4.5.3.
Document 3 “Appointment of the Proponent’s Representative”
The Proponent must submit a private deed document subscribed under Notary Public
giving proof of the appointment of a representative or special agent that is exclusively
enabled to act in the Tender, domiciled in Chile for all legal purposes. The Proponent’s
representative can be the legal representative of the Proponent or somebody he assigns
specially for these purposes. Annex 5 includes a model of the requested mandate.
4.5.4.
Document 4 “Consortium or Partnership Agreement”
In the case of Consortia, together with the Proposal, they must submit the Consortium
Partnership Agreement – that must be formalized through public or private deed
authorized before Notary Public, indicating the conditions of such partnership in order to
submit the Bid and award the Tender. In addition to the solidary obligation agreement to
comply the requirements specified herein, and the share in percentage of each one of
the companies that form the Consortium. Likewise, in case it is awarded the Tender, the
Consortium must have a life or duration that can´t be less than the date of incorporation
of the Corporation or Joint-Stock Company with the electric generation activity. The
Tendering Companies can demand for additional information about the operation of this
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partnership in any stage of the Tender Process. The request for new information must
be public and formally communicated to all the Proponents at the latest 24 hours after
that request. The new information shall be public domain in the Web sites established in
number 6 of Chapter 2 in these Terms and Conditions, at the latest 24 hours after it is
received by the Tendering Companies.
4.5.5.
Document 5 “Bid Validity”
The Bids must be valid for at least 180 days from the date they are submitted. The
Proponents must establish this time period in their Administrative Bids by means of a
document signed by the Proponent’s Representative before Notary Public. The Bids
which validity period is less than the one required or that don´t specify their validity
shall be declared as non-compliant with the Terms and Conditions and the Proponent will
be immediately excluded from the Tender since that moment.
The format for that document is found in Annex 6.
4.5.6.
Document 6 “Bid Bank Guarantee”
In order to guarantee the correct fulfilment of the Tender in its awarding stage, the
Proponents are required to submit Bid Bank Guarantees.
For such purpose, the Proponent must submit one or more Bank Guarantees on behalf of
the Representative Tendering Company or Representative that acts representing the
remaining Tendering Companies through mandate, hence being able to receive on their
behalf the bond(s) and collect or receive its(their) value in case of non-performance.
The amount of the Bid Bank Guarantee will be 100 UF for each GWh offered by the
Proponent for the last year of validity of the Supply Block for which he is submitting the
bid. Therefore, in case a Proponent makes bids for more than one Sub-Block of Supply
Block, he will have to submit a Bid Bank Guarantee for the total amount of Sub-Blocks
included in each bid. If the Proponent submits more than one Bank Guarantee, their sum
must be equal to the full amount of the Guarantee.
In case of Consortia, any individual company that is part of the Consortium must prepare
and submit a single Bid Bank Guarantee for each Bid, independent from the number of
members in the Consortium.
These documents intend to ensure that the Proponent fully respects all the conditions
and values offered in his Bid, because if the contrary happens, the Tendering Companies
can proceed to cash the Bid ‘s Bank Guarantees.
The Bid Bank Guarantees must fulfil the following requirements:
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a) The comment on the bonds shall be: “To Guarantee the Performance of the Bid in
National and International Public Tender to Supply Electric Power and Energy to
Supply Clients Subject to Price Regulation corresponding to the 2015/01 Supply
Tender”.
b) They must be issued on behalf of the Representative Tendering Company, in
agreement with what is indicated in the second paragraph of this number. In any
case, the proportion corresponding to each one of the Tendering Companies is:
Company
EMELARI
ELIQSA
ELECDA SING
ELECDA SIC
EMELAT
CHILQUINTA
CONAFE
EMELCA
LITORAL
CHILECTRA
EEPA
CGE DISTRIBUCIÓN
COOPELAN
FRONTEL
SAESA
CODINER
EDECSA
CEC
LUZLINARES
LUZPARRAL
COPELEC
COELCHA
SOCOEPA
COOPREL
LUZ OSORNO
CRELL
Proportion
1,14%
1,93%
3,54%
0,07%
2,14%
7,98%
5,94%
0,04%
0,29%
34,92%
0,78%
28,90%
0,27%
3,13%
6,23%
0,20%
0,17%
0,25%
0,34%
0,33%
0,45%
0,18%
0,06%
0,07%
0,41%
0,24%
c) They must be irrevocable, payable at sight and on first demand;
d) They must be obtained by the Proponent or by one of the companies that belong
to the Consortium;
e) They must be issued in Santiago de Chile, by a bank with branch in Chile;
f) They must have a duration equal or more than 360 days from the Date of Bids
Submission in agreement with the Tender Schedule.
g) Notwithstanding what is established in letter f) above, if the Bidder includes the
report referred to in letter b.- of number 4.1 in Chapter 1 of these Terms and
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Conditions, it must be in force at the date or later than the date of the starting of
the supply of the offered block.
The Tendering Companies will inform confidentially through the Representative
Tendering Company the respective Bank Guarantee custody conditions, which will be
consistent and similar for all Proponents.
Together with a Bid Bank Guarantee, each Proponent shall provide a declaration signed
by the Proponent Representative before Notary Public expressly waiving to file any
action or right in order to prevent any seizure and or precautionary measure of those
Bank Guarantees.
The Bid Bank Guarantees of the Proponents which Bids are not administratively
acceptable will be returned within 15 days after the Economic Bids Opening Date and
they will be available for the rejected Proponent in the Tender’s Domicile.
For the Proponents that are administratively accepted and that therefore participate
in the Economic Bids Opening Date but are not Successful Bidders, their Bank
Guarantees will be returned within 10 days after the deadline to subscribe the Bid
Acceptance Records, and they must consider the ending of the possible auction
processes referred to in number 10 of Chapter 2 of these Terms and Conditions, and
they will be available for the rejected Proponent in the Tender’s Domicile.
The Bid Bank Guarantees of the Supply Successful Bidder(s) will be returned once the
respective Supply Contract is subscribed and once the guarantee instruments included in
the Contract have been provided jointly and satisfactorily.
All things considered, in case there is a non-performance from the Proponent(s), the
distribution company that received the Bank Guarantee shall proceed with the collection
of the bond. The amount collected will be in the sole and direct benefit of the regulated
clients. For such purpose, the bidders must inform to the Commission to allow it to
consider this as a collection surplus in order to determine the new settlement of the
collection surplus or deficits from the distribution concessionaires, as established in the
Average Node Pricing Technical Report to comply with the pricing criteria under article
171º of the LGSE.
Notwithstanding the above, if the Bidder encloses the report referred to in letter b.- of
number 4.1 in Chapter 1 of these Terms and Conditions, in case his Bid is awarded, the
abovementioned Bid Bank Guarantee will be returned to the Bidder once he provides the
Risk Rating report referred to in letter a.- of number 4.1 indicated above. The
substitution of the indicated report must be made at the latest up to one year before the
date of the beginning of the supply. If the conditions mentioned before are not fulfilled,
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can result in the collection of the Bid Bank Guarantee in accordance with the procedure
established in this number.
4.5.7.
Document 7: “Legal Incorporation of the Proponent Company(ies)”
a) The Proponents must submit an authorized or legalized copy of the deed with
the information of the legal representatives, together with an authorized copy
of the Registration at the Trade Registry with marginal annotations and duration,
with date not before six months from the Date of Submission of the Bid. In
addition, there must be a legal report issued by an attorney external to the
Bidder specifying, as a minimum, the date of incorporation of the Bidder,
subsequent amendments, line of business, social capital, and current
representatives.
b) In the case of foreign legal persons, they must submit a full and duly legalized in
Chile copy of their deed of incorporation and its amendments, of the legal
representation in addition to any document that is used in their country to
confirm the existence and current active status of the legal person at the date of
submission of the Bid. This document must have a date not before six months
from the Date of Submission of the Bid. In addition there must be a legal report
issued in Spanish by an attorney with practice in the country of the partnership
incorporation certifying the active status and date of incorporation of the
partnership, subsequent amendments, line of business, social capital, and current
representatives.
c) In the case of Consortia and in addition to the Consortium deed or partnership
incorporation requested on Document 2 “Description and identification of the
Proponent”, they must submit the information required in letters a) and b), as
applicable, regarding each one of the companies that make up the
Consortium.
4.5.8.
Document 8 “Public Deed Promising to Incorporate a Corporation or JointStock Company with Electricity Generation Line of business”
If a Proponent is not a Corporation or Joint-Stock Company with electricity generation
line of business, it must submit a commitment public deed issued before a Chilean
Notary Public where, in case it becomes a successful bidder, he commits to incorporate
in Chile as a Corporation or Joint-Stock Company with electricity generation line of
business within 90 days after the date he is communicated the Award (Formal
Communication of the Award by the Tendering Companies, according to the Tender
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Schedule), without detriment to the fact that at the date of execution of the respective
contract it must be already incorporated as such. The non-compliance of this
commitment will result in the collection of the Bank Guarantee indicated in number
4.5.9 and in the immediate ruling on the expiration of the award, and in that case, the
Tendering Companies shall proceed with the procedure established in number 9.3.2 of
Chapter 2 of these Terms and Conditions, “DESERTED TENDER ”.
In case the Proponent is already a Corporation or Joint-Stock Company with electricity
generation line of business incorporated in the country as of the Date of Submission of
the Bids and proof of this incorporation can be found in the respective notary public
deeds and registration in the respective trade registration, the Proponent shall submit
the supporting documents in the form of Document 8 of the Administrative Bid.
In case the Supply Bidder is a Consortium, all the members of the Consortium must
subscribe a public deed confirming their obligation to incorporate their Corporation or
Joint-Stock Company with electricity generation line of business at the latest within 90
days after the date of communication of the Award (Formal Communication of the Award
by the Tendering Companies, as per the Tender Schedule), without detriment to the fact
that on the date of execution of the respective contract its has been established as such.
In case of non-compliance, what is indicated in the first paragraph of this number shall
apply.
These commitments will apply only if the Supply is awarded to the Proponent.
In all cases, the public deed shall also include the obligation of the Bidder (in case it is
an individual legal person) or of all the members of the Bidder Partnership or Consortium
to become solidary co-signer and guarantor under the terms required by number 4.2 of
Chapter 1 of these Terms and Conditions.
4.5.9.
Document 9 “Bank Guarantee on the incorporation of Corporation or JointStock Company with Electricity Generation Line of Business”
In the case of Consortia or Proponents that are not established as Corporation or JointStock Company with electricity generation line of business and in addition to what is
established as a requirement to be submitted by the Proponents with Document 8, the
Proponents must submit a Bank Guarantee in order to guarantee the Proponent’s correct
compliance of the obligation to establish a Corporation or Joint-Stock Company with
electricity generation line of business.
For that purpose, the Proponent must submit one or more Bank Guarantees on behalf of
the Representative Tendering Company or Representative that acts representing the
remaining Tendering Companies through mandate, hence being able to receive on their
behalf the bond(s) and to collect or receive its value in case of non-performance.
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The amount of the guarantee for the establishment of a Corporation or Joint-Stock
Company with electricity generation line of business will be of 100 UF for each GWh
offered by the Proponent for the last year of life of the respective Supply Block.
Therefore, in case a Proponent submits bids for more than one Sub-Block of any Supply
Block, he will have to submit one or more Bank Guarantees for the compliance of the
obligation to establish a Corporation or Joint-Stock Company with electricity generation
line of business for all the Sub-Blocks included in each bid. If the Proponent submits
more than one Bank Guarantee, their total must be equal to the Guarantee’s amount.
The respective Bank Guarantees for the establishment of a Corporation or Joint-Stock
Company with electricity generation line of business must fulfil the following
requirements:
a) The comment on the bonds shall be: “In case of being awarded the National and
International Public Tender to Supply Electric Power and Energy to Supply Clients
Subject to Price Regulation corresponding to the 2015/01 Supply Tender carried
out by the Tendering Companies, to guarantee the obligation to establish a
Corporation or Joint-Stock Company with electricity generation line of business
according to the time established in the already specified Tender Terms and
Conditions”,
b) They must be issued o behalf of the Representative Tendering Company, in
agreement with what is indicated in the second paragraph of this number. In any
case, the proportion corresponding to each one of the Tendering Companies is the
same as established in letter b) of number 4.5.6 from Chapter 1 of these Terms
and Conditions.
c) They must be irrevocable, payable at sight and on first demand;
d) They must be obtained by the Proponent or by one of the companies that belong
to the Consortium;
e) They must be issued in Santiago de Chile, by a bank with branch in Chile;
f) They must have a duration equal or more than 270 days from the Date of Bids
Submission in agreement with the Tender Schedule.
Together with a Bank Guarantee, to guarantee the obligation to establish a Corporation
or Joint-Stock Company with electricity generation line of business, each Proponent shall
provide a declaration signed by the Proponent Representative before Notary Public
expressly waiving to file any action or right in order to prevent any seizure and or
precautionary measure of those Bank Guarantees.
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This document will ensure that the Successful Bidder fulfils the condition to establish a
Corporation or Joint-Stock Company with electricity generation line of business
according to the time terms established under these Terms and Conditions, on the
contrary, the Tendering Companies, through their Representative Tendering Company,
will be able to proceed with the collection of the abovementioned bond.
The Tendering Companies will inform confidentially through the Representative
Tendering Companies the respective Bank Guarantee custody conditions, which will be
consistent and similar for all Proponents.
The Bank Guarantees that Guarantee the establishment of a Corporation of the
Successful Bidder which Bids are not administratively acceptable will be returned within
15 days after the Economic Bids Opening Date and they will be available for the rejected
Proponent in the Tender’s Domicile.
The Bank Guarantees that Guarantee the establishment of a Corporation of the
Successful Bidder will be returned to the rejected Proponents within 10 days after the
deadline to subscribe the Supply Award Acceptance Records, and they must consider
the ending of the possible auction processes referred to in number 10 of Chapter 2 of
these Terms and Conditions, and they will be available for the rejected Proponent in
the Tender’s Domicile.
For the Proponents that are administratively accepted and that therefore participate
in the Economic Bids Opening Date but are not Successful Bidders, their Bank
Guarantees will be returned within 10 days after the deadline to subscribe the Bid
Acceptance Records, and they must consider the ending of the possible auction
processes referred to in number 10 of Chapter 2 of these Terms and Conditions, and
they will be available for the rejected Proponent in the Tender’s Domicile.
The Bank Guarantees that Guarantee the establishment of a Corporation of the
Successful Bidder will be returned to the Successful Bidder once the respective Supply
Contract is subscribed and once the guarantee instruments included in the Contract have
been provided jointly and satisfactorily.
Nevertheless, in case there is a non-performance from the Proponent(s), the beneficiary
distributor of the Bid Bank Guarantee shall collect it. The amount collected will be in the
sole and direct benefit of the price-regulated clients. For such purpose, the Tendering
Companies shall inform the Commission to consider this amount as a collection surplus in
order to determine the resettlement of the distribution concessionaires’ collection
surplus or deficit carried out by the Average Node Pricing Technical report for the pricing
exercise established under article 171º of the LGSE.
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4.5.10.
Document 10 “Remunerations Regime Acceptance Declaration”
The Proponents shall submit a declaration of acceptance and total and thorough
knowledge of the remunerations regime to which they will be subjected in case they
become Successful Bidders in the Tender. This regime shall be ruled by what is
established in the LGSE and its amendments and in the current regulations.
This declaration must be made following the format model enclosed in Annex 7 of these
Terms and Conditions.
In the case of Consortia, a declaration of each member of the Consortium must be
presented.
4.5.11.
Document 11 “Legal Obligations, Sanctions and Fines Acceptance Declaration”
The Proponent must submit this declaration according to the format enclosed in Annex
8.
Through this declaration, the Proponent(s) must declare their acceptance and total and
thorough knowledge of the current legislation they must follow in case of becoming
Successful Bidder under the Tender, which refers to the obligations and rights as an
electric generation company, to its relation with the regulatory and enforcement
authority and the system’s operation coordination agency (CDEC), together with the
current sanctions and fines regime in Chile.
In the case of Consortia, a declaration of each member of the Consortium must be
presented.
4.5.12.
Document 12 “Commercial and Financial Information”
The Proponents must submit this document that includes the information that allows
evaluating the commercial conditions of the company(ies) and their financial soundness.
The Proponents must submit a Risk Rating Report with the financial soundness rating
certification issued by any of the agencies specified in Annex 3. The institutional risk
rating report to be presented by the Bidder must not be older than twelve months from
the date of submission of the report in the Tender.
In addition, the Proponents must present a copy of the consolidated accounting balance
sheets and income statements corresponding to the last 3 years before the year of
submission of the Bids. The Proponents’ accountant must duly sign the copy. If any
Proponent doesn´t have enough history to submit one or more of the consolidated
accounting balance sheets and income statements indicated in the former paragraph,
the accounting balance sheet(s) for those missing years won´t be required.
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In the case of Consortia, at least one of the companies that form the Consortium must
provide the Risk Rating Report indicated in this number and shall follow the same
evaluation process. The Corporation that complies with the risk rating requirement must
at least have a 50% share in the respective Corporation. All the Companies that make up
the Consortium must present the remaining financial information.
4.5.13. “Information to be provided by the Proponents to support their Bid”
The Proponents must at least submit, as applicable, the following information to
adequately support their Bids. This information will be public, in accordance to what is
specified in the Tender Schedule, item “Date of public dissemination of the information
contained in the Administrative Bids”:
•
Identification of existing and projected generation sources (Name, type and installed
capacity).
•
Name of the company that owns and operates each generation source. In case the
Proponent is not the owner of the generation source that is backing up its bid, it must
include in his submittal the corresponding rental or usage contract or any other deed
that allows him to directly exploit, in substitution of the owner Company and during
the entire period of the contract such source of generation; all this in compliance of
what is provisioned in article 17 of Supreme Decree Nº 291/2007 of the Ministry of
Economy, Promotion and Reconstruction.
•
Existing or estimated location.
•
Date of commissioning or estimated date of commissioning, if applicable.
•
Primary fuel and origin of purchase.
•
Current or projected connection point to the System.
•
Physical characteristics of the lines that connect to the system (alignment, km,
nominal voltage).
•
Own energy production during the last 5 years.
•
Own estimated energy production for the next 10 years, and for hydrological years
1968-1969, 1996-1997 y 1998-1999.
•
Power recognized in the current power remuneration (firm power, sufficiency power)
during the last 5 years.
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•
Estimated power in the current power remuneration (firm power, sufficiency power)
for the next 10 years.
•
Power and energy contracted to other generation companies during the last 5 years.
•
Own production/non-regulated and regulated contracts ratio during the last 5 years.
•
Own production/non-regulated and regulated contracts ratio for the next 10 years
and for hydrological years 1968-1969, 1996-1997 y 1998-1999.
The Bids that do not include the respective information for the Supply offered will be
automatically eliminated from the Process.
4.6.
ECONOMIC BID
The Commission, in an independent confidential administrative action, will establish the
maximum value of the energy bids for each supply block. That maximum value will be
revealed to the Bidders and Tendering Companies only after the Bid submission stage has
concluded, as established in the Tender Schedule and only in case one or more Bids have
been submitted.
The power prices for each type of bid will correspond to what is established in Article 2º
of D.S. Nº 10T/14.
The Proponents must submit their Economic Bid(s) establishing the energy price offered,
in US$/MWh, with three decimal places, by Sub-Blocks of the Supply Blocks they are
bidding, in accordance to what is provisioned in number 3 above. For that purpose,
“Document 15, Economic Bid” must be used, which format is included in Annex 15 of
these Terms and Conditions and it must be included in the respective envelope titled
“Supply Block Economic Bid”.
Each line of Document 15 – identified by numbers 1, 2, 3, etc. represents a set of SubBlocks that can´t be separated in the corresponding Supply Block. The Bidder must
submit energy prices only for the Sub-Blocks combinations for which he wants to bid.
Each one of these bids will be considered as a separate and independent bid. In case the
Bidder wants to bid more than one independent group of Sub-Blocks of identical size, but
at different prices, he must establish a price for each one of such groups under separate
lines that will be considered as independent bids. The Bidder must submit a single
“Document 15, Economic Bid” for each Supply Block where he is bidding and that
contains all the bids he wants to submit for the Supply Block.
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The format of “Document 15, Economic Bid” is included in Annex 15 in these Terms
and Conditions. The economic bids will be submitted in this document strictly in
compliance of what is established in the former paragraphs.
The Successful Bidder’s remuneration will correspond to the value of energy included in
its respective Economic Bid for each MWH required by the Tendering Companies at the
Points of Purchase. This remuneration will be proportional in case there is more than one
Successful Bidder and for the duration of the Supply Contract. The prices associated to
each one of these Points of Purchase will correspond to the Tender resulting price
multiplied by the ratio between the corresponding energy modulation factors established
in the short-term node price decree in force as of the billing date, indexed according to
the indexation formulas of Annex 9 and in agreement with what is established in the
LGSE.
In addition, for the economic evaluation and awarding, the Bidder can submit bids with
restriction and/or conditioned bids, according to what is established in number 9.2.4.1
of Chapter 2 of the Terms and Conditions. The submission of the abovementioned bids
with restriction and/or conditioned bids must be presented following the format of
“Document 16, Submission of Bids with Restriction and/or Conditioned Bids” included in
Annex 16 of these Terms and Conditions.
5. BID SUBMISSION EFFECT
The delivery or submission of a Bid by a Bidder will become the explicit acceptance of
the terms established in the Terms and Conditions.
6. TENDER AWARD
Once the internal evaluation of the Bids ends, the awarding of the Supply will be made
by the Tendering Companies in favour of one or more Proponents, in agreement with
what is established in number 10 in Chapter 2 in these Terms and Conditions.
The Proponent whose bid has not been accepted will have no right to any type of
indemnification or compensation or to ask for the reimbursement of the costs incurred in
the study, submission and processing of the tender, in particular, of the possible
financial expenses arising from the obligation to provide a bid Bank Guarantee and/or a
supply Bank Guarantee, as applicable.
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7. INFORMATION TO BE SUBMITTED BY THE PROPONENTS
The Proponents must provide all the information that allows them to demonstrate the
source and security of the power and energy Supply established in their Bids, in order to
comply with the delivery of the proposed Supply for the period and Points of Purchase
established, according to what is requested in Document Nº 13 of Annex 12 of these
Terms and Conditions. The Proponents must clearly mention the type of energy source
with which they support their bid: hydraulic, thermal or other sources, a mix of those
sources and the proportion of each one of them. All the information delivered by the
Proponents regarding this matter will be public under the terms and date established in
these Terms and Conditions as the “Date of public dissemination of the information
contained in the Administrative Bids”, according to the Tender Schedule.
The Tendering Companies will jointly establish with the Successful Bidder(s) the followup mechanisms and procedures to be applied once the Tender is awarded in order to
secure the compliance and provision by the Successful Bidders of the amounts o energy
and power committed in their Proposals. Such procedures must be non-discriminatory.
Likewise, during the Tender process, the Tendering Companies can request, for duly
justified reasons, more details about the information provided by the Proponents to
support their bids or any other information they consider relevant to certify the security
of their Supply bid. Such request for additional information or details must be public and
must be formally communicated to all the Proponents at the latest after 24 hours it is
made. The new information will be of public domain in the web sites mentioned in
number 6 of Chapter 2 not later than 24 hours after that information is received by the
Tendering Companies.
8. GUARANTEES TO BE INCLUDED IN THE CONTRACT(S) TO BE SUBSCRIBED BY THE
TENDERING COMPANIES AND THE SUCCESSFUL BIDDER(S)
The Supply Contract model in Annex 19 includes and establishes the clauses, fines and/or
guarantee bonds that ensure the quality, timeliness and security of the Supply from the
starting date of the Contract during the period of years specified in these Terms and
Conditions.
8.1.
CIVIL LIABILITY INSURANCE AGAINST THIRD PARTY CLAIMS
The Supplier will be the sole responsible party for any damage of any nature caused to
third parties, to the facilities’ personnel, to third party property or to the environment
both during the new facilities construction period and their operation as well as during
the existing facilities’ operational period. For this purpose, the Supplier must contract,
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within a period of 60 days after the contract execution date, a civil liability insurance
policy against third party claims for an amount of at least US$ 3.000.000.
The Supplier must be the contracting party and the beneficiary of the policies mentioned
in this number. Likewise, the insured parties in these policies must correspond to the
owners of the generation sources that are the supporting elements for these bids.
8.2.
CATASTROPHE INSURANCES
Within a period of 60 days after the date of contract execution, the Supplier must
contract and submit one or more catastrophe insurance policies or the coverage
certificates issued by the insurance company to cover the catastrophe risks both during
the new facilities construction period and their operation as well as during the existing
facilities’ operational period. The catastrophic risks must include, among others, the
risks caused by public disturbances and intentional damage. The sums obtained through
the catastrophe insurances will be exclusively destined to the reconstruction or repair of
damaged facilities.
The Supplier must be the contracting party and the beneficiary of the policies mentioned
in this number. Likewise, the insured parties in these policies must correspond to the
owners of the generation sources that are the supporting elements for these bids.
The Supplier must irrefutably demonstrate to the Tendering Companies the cash
payment of the corresponding premiums.
The catastrophe insurance policies can’t be included in or can´t include civil liability
policies.
The Respective Supplier will be responsible for the processing of the payment for
damages or claims by insurance companies.
The amount of coverage of these policies shall be at least US$ 3.000.000 and the
conditions to make them effective must agree with the common use for this type of
facilities.
Any settlement from the Insurance Companies for this policy must be informed to the
Superintendence and the Commission.
8.3. IMMEDIATE EXECUTION INSURANCE OR SUPPLY FAITHFUL PERFORMANCE BANK
GUARANTEE
Within a period of 60 days after the date of contract execution, the Supplier shall
contract and submit an immediate execution insurance policy for the supply faithful
performance. In case the Supplier does not comply with the committed supply at the
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date of beginning of the supply and during the following 12 months, such policy will be
executed. For this purpose, it will be understood that the Supplier complies with the
supply of one month if he makes the payments he has to make for being participant in
the energy and power injections and withdrawals coordinated by CDEC in the
corresponding month and associated to the obligations of supplying energy and power
under the respective contract. The Supplier must maintain this policy in force for at
least 15 months after the Date of Beginning of the Supply. Likewise, it must clearly
demonstrate to the Tendering Companies that it has paid the corresponding premiums
during the time period of the contracted insurance. The Supplier must be the
contracting party for this insurance and, on the other hand, the Tendering Companies
must be the insurance’s insured and beneficiary parties.
Alternatively, and if the Supplier chooses to do so, instead of the insurance mentioned
above, the Supplier can submit, in the same period of time, a Supply faithful
performance bank guarantee in order to assure the delivery of the committed Supply at
the Date of Beginning of the Supply and during the following 12 months. For such
purpose, the Proponent must submit one or more bank guarantees on behalf of the
Tendering Companies.
The Supply Faithful Performance Bank Guarantees must fulfil the following
requirements:
a) The comments in the bills will read: “To guarantee the performance of the obligation
of the awarded supply according to the terms and conditions established in the
abovementioned Tender Terms and Conditions in the National and International
Public Tender for the Supply of Electric Power and Energy for Price-Regulated
Consumptions, Supply Tender 2015/01”;
b) They must be irrevocable, paid at sight and at the first requirement made;
c) They must be issued in Santiago de Chile through a Bank with a branch in Chile;
d) They must have a duration of at least 15 months from the Date of Beginning of the
Supply for the Supply Block that as been awarded.
The amount of coverage in the immediate execution insurance or in the Supply
Faithful Performance bank guarantee shall be 100 UF for each GWh that is contracted
by the Proponent for the last year of duration of the respective Supply Block. If the
Proponent submits more than one insurance or bank guarantee, the sum of all of them
must be equal to the amount mentioned above.
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The amounts paid after the execution of the insurances or bank guarantees are not
subject to penal clauses. Therefore, their payment doesn´t impede the Tendering
Companies to legally claim the compensation for damages that are not covered by
those amounts and that result from the execution of these insurances or bank
guarantees.
Together with the Supply Faithful Performance bank guarantee, each Supplier shall
submit a statement signed by the Proponent’s representative before Notary Public
expressly waiving to any action or right that might put obstacles to any embargo
and/or precautionary measures to those bank guarantees.
In case the Supplier does not perform the awarded supply, the corresponding
Tendering Companies shall execute those bank guarantees. The amount collected will
solely and directly benefit the price-regulated clients. For such purpose, the
Tendering companies must inform the Commission to consider that amount as a
collection surplus in order to determine the new settlement of the collection surplus
or deficits of the distribution concessionaires made in the Average Node Pricing
Technical Report considering the price fixations specified in Article 171º of the LGSE.
8.4.
PROPER CONDUCT
In case the distribution company and/or the successful bidder due to its property
relationship is related to foreign investors or by due to its own decision is subject to
national or foreign laws regarding proper conduct or misconduct regarding corruption
practices, it can agree on including in the respective supply contract suitable clauses to
incorporate such circumstance in its contractual relationship.
9. REGARDING THE BID
9.1.
GENERAL
Bids must be delivered at the Tender’s Domicile, on the date stipulated in the Tender
Schedule in two closed envelopes or packaging, as applicable, according to the format
and labels indicated in these Terms and Conditions.
Likewise, only the documents without amendments, erasure marks or fixes of any type,
except for the ones that expressly accepted in these Terms and Conditions will be
accepted. The Bids that are submitted with documents with amendments, erasure marks
or fixes of any type and that are not expressly accepted in these Terms and Conditions
will be declared as being out of Terms and Conditions’ specifications and at that moment
the respective Bid will not be considered valid for the Tender.
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9.1.1.
Format and execution of documents that make up the Administrative Bid and
the Economic Bid(s).
•
•
•
•
9.2.
The signing and stamping must be made in the original document.
No modifications can be made to the already defined formats except during
the consultation stage when it can be suggested to add a field and in which
case the acceptance or rejection of the suggestion will be answered during
the corresponding period and if it is accepted, it will be added to these
Terms and Conditions and/or the Supply Contract, as established in number
7 in Chapter 2.
The documents prepared by the Bidder must be presented in originals with
all and each one of the pages signed. No printed copies are considered.
Each envelope must include one of more CDs, DVDs or USB memory sticks
with all the information that has been submitted in printed form in order to
allow the public dissemination of the information in the periods established
in number 6 of Chapter 2 in these Terms and Conditions.
REGARDING THE BID COSTS
The Proponent shall pay all direct and indirect costs associated to the preparation and
submission of his Bid and the Tendering Companies and any other organization won´t be
responsible for these costs or for reimbursing, indemnifying or compensating any of
those costs in case the Bidder is not successful in his Bid.
9.3.
REGARDING THE BID’S LANGUAGE
The Bids and all the annexes submitted by the Proponents must be entirely written in
Spanish, except for the equipment and facility catalogues that can be submitted in
English, notwithstanding the information required under the Administrative Bid. The
translation costs of any document into Spanish shall be part of the Proponent’s cost.
9.4.
REGARDING THE BID’S CURRENCY
The Economic Bid(s) submitted by the Proponents for the energy of the Supply in the
respective Point of Bid must be in United States Dollar (US$) per MWh, namely,
US$/MWh, with three decimal places. The Proponents must submit their Economic Bids
with the prices as of the date of Submission of the Bids.
The bids that don’t comply with this condition will be immediately excluded from the
Tender’s bid evaluation stage.
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9.5.
REGARDING THE BID VALIDITY
The Bids must have the validity indicated in number 4.5.5, “Document 5, Validity of the
Bid”, namely, at least 180 calendar days from the date of the Bid’s submission.
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CHAPTER 2. BID MANAGEMENT ACTIVITIES.
In agreement with what is established in Article 131º, final paragraph of the LGSE, the
administrative and management aspects and all the expenses required to develop the
tendering process will be the responsibility of the Tendering Companies. They must
implement an Official Web Site for the Tender, which must be permanently updated
with all the information of the respective Tender Schedule, independent from the
remaining advertising mechanisms for the Tender and of the Call for Tender.
1. TERMS AND CONDITIONS ACQUISITION
The parties that are interested in participating in this Tender must formalize their
interest through the acquisition of these Terms and Conditions. They can be purchased
for the sum of CH$ 1.000.000 plus VAT, in the Tender’s Domicile on the times and dates
established in the Tender Schedule.
For this purpose, in agreement with what is established in Article 9º of Resolution Nº
215, the Person in Charge of the Tender Process must open a record that identifies the
legal persons that have purchased the Terms and Conditions, at least specifying the
email address for the various Tender communications and allowing them to have access
to the Data Room.
2. DOMICILE OF THE TENDER
For all administrative purposes, the “Tender Domicile” will be determined by the
Tendering Companies and will be communicated to the Commission through a
Clarification Circular at the latest on May 29th 2015 and will be available in the
www.licitacioneselectricas.cl web site the following business day.
3. PERSON IN CHARGE OF THE TENDER PROCESS
For all the purposes of the Tender, the Tendering Companies through a document
authorized before Notary Public will appoint the “Person in Charge of the Tender
Process”. This document will be sent to the Commission through a Clarification Circular
at the latest on May 29th 2015, and shall be available in the www.licitacioneselectricas.cl
web site the following business day. Equally, the Tendering Companies will communicate
the appointment of the Representative Tendering Company that will represent the
remaining Tendering Companies through a mandate.
In case of absence or impediment of the appointed Person in Charge, the Tendering
Companies shall appoint in the same manner a person replacing the Person in Charge of
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the Tender Process to carry out his functions. The Tendering Companies will timely
communicate the substitution to the Tender participants.
4. PROCESS ADVERTISING AND CALL FOR TENDER
The process official web site that will post the information of the tender process is:
www.licitacioneselectricas.cl.
In addition, the media through which the Call for Tender will be published are the
following:
•
•
•
National Energy Commission Web Site
Superintendence of Electricity and Fuels Web Site
CDECs Web Site
Likewise, the Call for Tender will be published in El Mercurio newspaper.
5. MINIMUM INFORMATION THAT THE TENDERING COMPANIES WILL PROVIDE TO THE
PROPONENTS
The Tendering Companies will provide to the parties that acquire the Terms and
Conditions the following consolidated information about the respective Points of
Purchase for the last 5 years, in a digital or virtual version in the Process Data Room:
•
•
•
•
•
•
Regulated sales, with monthly breakdown.
Reactive energy consumption, with monthly breakdown.
Number of regulated clients, with monthly breakdown.
Load factor.
Maximum demand for sales to regulated clients.
Maximum demand for sales to regulated clients in maximum demand hours.
For year 2014, the interested parties will have available information about the size,
number and consumption of clients with connected powers above 500 kW and up to
5,000 kW, which will be classified in the ranges higher or equal to 500 kW and less than
1,000 kW, higher or equal to 1,000 kW and less than 2,000 kW, higher or equal to 2,000
kW and lower than 3,000 kW, higher or equal to 3,000 kW and less than 4,000 kW and
higher or equal to 4,000 kW and less than 5,000 kW, according to the details specified in
the Process Data Room.
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6. REGARDING THE PUBLICATION OF THE INFORMATION CONTAINED IN THE BIDS
In compliance of what is specified in the LGSE, the information contained in the Bids of
all Proponents must be of public domain through the Official Web Site. In addition, the
Tendering Companies will provide the respective information for its publication in the
web sites of the following institutions:
•
•
•
Commission
Superintendence
CDEC
•
www.licitacioneselectricas.cl Web Site
For such purpose, the Tendering Companies will publicly disseminate the information
contained in the Administrative Bids on the date specified in the Tender Schedule as
“Date of public dissemination of the information contained in the Administrative
Bids”. Likewise, the information contained in the Economic Bids must be available on
the date mentioned in the Tender Schedule as the “Date of public dissemination of
information included in the Economic Bids”.
7. PROTOCOL FOR QUESTIONS AND ANSWERS ABOUT THE TENDER AND
INFORMATION REQUESTS
On the date, time and manner established in the Tender Schedule, the Tendering
Companies will provide an actual or virtual Data Room that will contain all the
information considered relevant to complement the information to be delivered to the
interested parties.
In particular, the Tendering Companies will provide to the interested parties all the
technical and commercial information in relation to the required Points of Supply or
Points of Purchase.
The interested parties can ask questions about the Terms and Conditions, which must be
submitted formally by writing to the Tendering Companies in the Tender Domicile within
the periods established in the Tender Schedule and through email, both in PDF and Word
format, sent to email address: licitaciones@electricas.cl..
Notwithstanding the fact that the Commission will be responsible to answer the
questions, the Person In Charge of the Tender Process will make the full administrative
processing of the questions and answers process. To answer the questions on the Terms
and Conditions, the Person In Charge of the Process must send to the Commission, at the
latest on January 15, 2016, a proposal with systematized answers for their review. Also
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within the period established in the Tender Schedule, the Commission shall communicate
the approval of the answers to the Person In Charge of the Process for the relevant
purposes.
Both the formal questions submitted by the interested parties and the clarifications that
the Tendering Companies make to the Terms and Conditions would be included in the
communications called Clarification Circulars. The will be signed by the Person In Charge
of the Tender Process and be sent to all the parties that bought the Terms and
Conditions after being approved by the Commission and timely and in agreement with
the Tender Schedule. The Clarification Circulars will be send in writing to the domicile
recorded by the interested parties and through email to the interested party’s
representative, in agreement with what is provisioned in number 4.4 of Chapter 1 in
these Terms and Conditions. The Clarification Circulars will be of public domain in the
web sites mentioned in number 4 of this Chapter 2, within 24 hours after those Circulars
are sent.
Corrections, amendments or additions to the Terms and Conditions can be made,
including the Supply Contract model contained in Annex 19 of these Terms and
Conditions, in agreement with the Tender Schedule. They can result from the
consultation process or the ones that the Commission considers relevant to be done.
Notwithstanding the former, the corrections, amendments or additions to the Terms and
Conditions can only be added after the Commission’s approval. For this purpose, the
modified version of the Terms and Conditions will be sent by the Tendering Companies to
the parties that bought them via registered email, at the latest 3 days after the approval
of the modifications and shall be published in the web sites mentioned in number 4, in
the same time period.
Likewise, in the time period specified in the Tender Schedule and in a duly justified
manner, the Commission can require corrections, amendments or additions to the
already approved Terms and Conditions.
8. PROTOCOL TO SUBMIT THE BIDS
8.1.
BID RECEPTION
The Tendering Companies will receive the Bids in a single public and open ceremony at
the Tender’s Domicile or any other place they establish for such purpose and they timely
communicate to all the interested parties. The Bids must be submitted on the Date of
Submission o the Bids and within the times established in the Tender Schedule.
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Once their Bids are submitted, the Proponents can´t withdraw them in any stage of the
Tender. The Tendering Companies will return the Bids that don’t continue in the Tender
according to what is established in the following paragraphs.
Each Proponent must receive a copy of the Bid delivery records signed by the Person in
Charge of the Tender Process and a Notary Public. These records will give proof of the
date and time of Bid reception and form of delivery of the Bid. Likewise, in those
records the Proponent will declare he has provided reliable information in agreement
with the Terms and Conditions and that if it is verified that false, imprecise, incomplete
or malicious information has been provided, his Bid will be eliminated automatically
from the Tender.
Likewise, these records will indicate that the Proponent desists from any subsequent
claim before the Tendering Companies or any other party due to missing or inadequate
information that he could have submitted to participate in the Tender.
The Administrative and Economic Bids must be submitted in closed envelopes or
packaging, each one of them in their original version.
The labelling on the envelopes or packaging for the Administrative Bid must include the
following:
•
•
Administrative Bid
Identification of the Proponent (identifying the partnership(s) that make up a
Consortium)
The Economic Bids envelope must be delivered separately. The amount of Economic
Bids envelopes will depend on the amount of Supply Blocks for which the Bidder is
bidding with his Bid. Each envelope must contain the economic bid(s) that he submits
for a same Supply Block. In case the Bidder wishes to submit bids with restriction
and/or conditioned bids according to what is established in number 9.2.4.1 in Chapter
2, he shall complete “Document 16, Submission of Bids with Restriction and/or
Conditioned Bids” included in Annex 16 of the Terms and Conditions, and include it
one of the Economic Bids envelopes he submits. The labelling on each envelope of the
Economic Bids must include the following:
•
•
•
Economic Bid
Supply Block Nº [1, 2-A, 2-B, 2-C, o 3] Tender 2015/01
Identification of the Proponent (identifying the partnership(s) that make up a
Consortium)
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No Bid will be received after the maximum date and time established in these Terms and
Conditions as the Date of Submission of Bids.
The envelope or packaging of the so-called “Administrative Bid” and the envelope called
“Economic Bid for Supply Block Nº [1, 2-A, 2-B, 2-C, o 3]” must be duly sealed and shall
be signed by the Person In Charge of the Tender Process, the Notary Public and the
Tendering Companies personnel that participate in the Bids reception ceremony. The
envelope that contains the Economic Bid(s) will be left, without opening, inside a
specially implemented safe box, which key or combination will be under the care of the
Person In Charge of the Tender Process and the Notary Public until the opening and
evaluation of the Bids is made.
Once the Bid Reception process ends, the Person In Charge of the Tender Process will
process the records to be signed by him and the Notary Public certifying the parties that
submitted the bids and the documents received. The records will be sent to all the
Proponents via email and regular mail and shall be posted in the web sites specified in
number 6 of Chapter 2 of the Terms and Conditions, at the latest 24 hours after their
preparation.
8.2.
MAXIMUM VALUE OF THE BIDS OR RESERVE PRICE
In the same public and open ceremony that the Proponents submit their bids, at the
Tender domicile and before the Notary Public that will sign the records to confirm the
bids received, a Commission representative shall provide the Person In Charge of the
Tender Process a closed envelope with the Maximum Value of the Bids or Reserve Price
for each Supply Bid that is included in the Tender. The Reserve Price must be in US
Dollars (US$) per MWh, namely, US$/MWh, with three (3) decimal places.
The economic bids that don’t comply with the condition of considering a bid price equal
or lower than the Reserve Price defined for each Supply Block can only continue in the
evaluation and awarding process if they modified their bid price according to what is
established in point 8.2.1.
In addition, the Commission will establish the Reserve Margin for each Supply Block in
the same envelope that contains the Reserve Price.
8.2.1. OPENING OF THE RESERVE PRICE
Immediately after the closing of the process to correct the administrative bids
mentioned in number 9.1.5 in this Chapter and only in case one or more Bids have been
submitted, the ceremony to open the envelope containing the Reserve Price and Reserve
Margin for each Tendered Supply Block will be organized by the Person In Charge of the
Tender Process before a Notary Public with the attendance of the Bidders and the
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Tendering Companies personnel, if desired. The Person In Charge of the Tender Process
will announce to the attendants the Reserve Price and Reserve Margin values and will
give proof of them in the Bid Reception records referred to in the abovementioned
number. The records will be sent to all the Proponents via regular mail and email and
will be posted in the web sites mentioned in number 6 of Chapter 2, at the latest 24
hours after their preparation.
In addition, and in the same day of the opening ceremony mentioned in the former
paragraph, the Person In Charge of the Tender Process will communicate via email to all
the Proponents about the possibility of modifying the prices of their economic bids that
are above the Reserve Price of the respective Supply Block. In this manner, with respect
to those Economic Bids that have a Bid Price above the Reserve Price in a percentage
lower or equal to the Reserve Margin, the modification can only be done to reduce their
Bid Prices up to the Reserve Price, maintaining the energy volumes offered. In turn,
when the Economic Bids that are above the Reserve Price in a percentage that is higher
than the Reserve Margin, the abovementioned modification can only be done in order to
decrease their Bid Price to a price that is equivalent to the Reserve Price reduced in 5%,
maintaining the offered volumes of energy. For that purpose, the Proponents must
submit their Economic Bids price modification proposal according to the format
established in Annex 17, in the manner that the Economic Bids had to be offered
according to the Terms and Conditions and in a closed envelope, labelled “Modification
of Economic Bid for Supply Block Nº [1, 2-A, 2-B, 2-C, or 3]”. The indexation coefficients
of the modified bids will correspond to the ones declared in “Document 15, Economic
Bid”. The Modification of Economic Bids proposals must be submitted at the latest within
3 business days after their notification via email until 18:00 hours, at the Tender
domicile. No modifications to the economic bids that don´t comply with the conditions
established before will be accepted.
Immediately after the deadline date, the Person In Charge of the Tender Process will
prepare Records that give proof of the Proponents that submitted a Modification of
Economic Bid for the Supply Block, which will have to be signed by the Person In Charge
of the Tender Process together with a Notary Public.
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9. BID OPENING AND EVALUATION
9.1.
OPENING AND EVALUATION OF THE ADMINISTRATIVE BID
9.1.1. OPENING
The Administrative Bids opening and evaluation will be made at the latest 24 hours after
closing the Bid Submission Presentation process. This ceremony will be made by the
Person In Charge of the Tender Process before a Notary Public and the Tendering
Companies staff appointed for such purpose, and they shall verify if all the information
requested has been included.
First, the Person In Charge of the Tender Process and the Notary Public shall verify that
the seals of all the Administrative Bids are in perfect condition. The bids which seals
have signs of tampering, handling, or have been clearly opened will be immediately
eliminated from the Tender. In such case, records must be prepared to notify about such
situation, identifying the respective Proponents. A copy of those records must be sent to
the Superintendence and the National Economic Public Prosecutor’s Office to allow these
agencies to apply the relevant administrative measures. The bid envelopes that don´t
show seal problems will be opened according to what is established below.
Under no circumstances it will be accepted the Proponents not to submit documents that
are required in the Terms and Conditions or to replace or correct the rejected
documents after the starting of the opening ceremony, except for what is provisioned in
number 9.1.4 and 9.1.5 in this Chapter. Likewise, no new Bid or counter Bid will be
accepted after the day and time established as the Date of Submission of the Bids.
9.1.2. EVALUATION OF ADMINISTRATIVE ASPECTS
Regarding each bid, the Person In Charge of the Tender Process and the Notary Public
shall open the envelope or packaging containing the Administrative Bid and shall verify
that it contains all and each one of the documents established in numbers 4.5.1 to 0,
and that they come as required by these Terms and Conditions.
After this ceremony, the Proponents that comply with the requirements requested will
be evaluated according to the general Commercial and Financial Aspects that they have
submitted in their Bids.
The method to be used by the Tendering Companies to evaluate the Administrative Bids
will be the following:
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It will be verified that all the documents required have been included in the
Administrative Bid namely, from Document 1 to 14 as mentioned in numbers 4.5 of the
Terms and Conditions.
For the former, the following Evaluation Table Nº 1 will be used:
Evaluation Table N° 1: Administrative Aspects
Documents regarding Administrative Aspects
1= Yes
0= No
Document 1 “Terms and Conditions Acceptance Declaration and supporting documents”
Document 2 “Description and identification of the Proponent”
Document 3 “Appointment of the Proponent’s Representative”
Document 4 “Consortium or Partnership Agreement”
Document 5 “Bid Validity”
Document 6 “Bid Bank Guarantee”
Document 7: “Legal Incorporation of the Proponent Company(ies)”
Document 8 “Public Deed Promising to Incorporate a Corporation or Joint-Stock Company
with Electricity Generation Line of business”
Document 9 “Bank Guarantee on the incorporation of Corporation or Joint-Stock Company
with Electricity Generation Line of Business”
Document 10 “Remunerations Regime Acceptance Declaration”
Document 11 “Legal Obligations, Sanctions and Fines Acceptance Declaration”
Document 12 “Commercial and Financial Information”
Document 13 “Information to be provided by the Proponents to support their Bid”
In case of Document 4, its delivery is applicable only if the Proponent is a Consortium.
The submission of Documents 8 and 9 is applicable only if the Proponent is not a
Corporation or Joint-Stock Company with Electricity Generation line of Business. Delivery
of Document 13 is applicable only if the Proponent presents the report indicated in letter
b.- of number 4.1 from Chapter 1 of these Terms and Conditions.
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In case any of the Documents indicated in the former Table is missing or is incomplete, it
will have a score of 0. Likewise, if legal documents are included, they must comply with
the procedures and formalities required, on the contrary, they would be scored with a 0.
The Tendering Companies will automatically eliminate from the Bid the Proponents that
have a score of 0 in any of the documents requested in this matrix, except for what has
been mentioned above for documents 4, 8 and 9 and what is provisioned in number 9.1.5
in this Chapter.
9.1.3. COMMERCIAL AND FINANCIAL ASPECTS AND PROPONENT’S EXPERIENCE
The Bids that comply with all the documents required in the previous number shall be
evaluated according to the Proponent’s Financial and Commercial Aspects that have
been submitted in the “Administrative Bid”.
Specifically, the information contained in Document 12 requested in number 4.5 of
Chapter 1 in these Terms and Conditions will be evaluated. That information will be
evaluated according to the following evaluation table:
Evaluation Table N° 2: Financial and Market Ranking
Financial and Market Ranking
Risk Rating
Rating
1 to 7
The Risk Rating qualification will be evaluated as established in Annex 14. The
Proponents that will be considered for an economic evaluation must have a rating of not
less than 5.0 in Evaluation Table Nº 2.
The Tendering Companies shall automatically eliminate from the Tender the Proponents
that obtain a rating of less than 5.0.
In the case of Consortia, the lead legal person must have a Risk Rating higher than 5.0 in
Evaluation Table Nº 2.
9.1.4. RECORDS FOR THE ADMINISTRATIVE BID EVALUATION
Once the Administrative Bids Evaluation is made, the Person In Charge of the Tender
Process will prepare the records that must be signed jointly with a Notary Public with
the results of the respective evaluation.
In case any or several Proponents have resulted with zero score in Evaluation Table N° 1:
Administrative Aspects, the Person In Charge of the Tender Process must reveal the flaws
and/or errors in the documents or information and will start a period of 3 days for the
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Proponents to solve the errors or flaws in the documents or information mentioned in
the Records.
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The Records must include:
1.- The evaluation Table with the corresponding rating for all Proponents.
2.- The errors or flaws in the documents or information scored with a 0.
3.- The period of 3 business days, indicating the deadline in which the Proponents can
solve the errors and/or flaws.
The Records will be notified to all Proponents via registered email at the latest 24 hours
after their preparation and will be of public domain in the same period of time in the
web sites indicated in number 6 of Chapter 2.
9.1.5. INSTANCE FOR CLARIFICATIONS OR CORRECTIONS
The Proponents can submit the missing documents or the corrected information in the
manner they have to be presented under the Terms and Conditions on the day
established in the Administrative Evaluation Records at the Tender domicile until 17:00
hours.
On the date of closure of the submission of missing documents or corrected information
and in the process domicile, the Person In Charge of the Tender Process will prepare
reception Records that will have to be signed jointly with a Notary Public, indicating the
Proponents and the documents that were submitted and giving proof in the records the
value of the Reserve Price and Reserve Margin that were revealed as established in
number 8.2.1 in this Chapter.
After the deadline to correct errors and add missing documents and on the following
business day, the Person In Charge of the Tender Process shall proceed to the evaluation
of the new documents or information in the same manner as provisioned in number 9.1.2
in this Chapter.
The Person In Charge of the Tender Process shall prepare Evaluation Records for each
Proponent according to Evaluation Table N° 1: Administrative Aspects. In case the
minimum required rating is not achieved, the Proponents will be left out of Terms and
Conditions and will be automatically eliminated from the Tender.
The Administrative Bids that are accepted will be put back into the envelope or
packaging that contains them, which will be sealed and kept in a locked room specially
prepared for that purpose. The Person In Charge of the Tender Process will keep the key.
Notwithstanding the former, the Performance Bonds required in numbers 4.5.6 and 4.5.9
of Chapter 1 of these Terms and Conditions will be under custody in a manner that will
be confidentially informed to the Proponents. All these procedures will be informed
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through Records for each Bid, which will be signed by the Person In Charge of the Tender
Process and the Notary Public.
9.2.
OPENING AND EVALUATION OF THE ECONOMIC BIDS
The mechanism or procedure to establish which will be the Successful Proponents aims
to fulfil two conditions: to obtain the least final average price for the Supply and satisfy
the total demand required.
9.2.1. OPENING
The opening and evaluation of the Economic Bids will be made on the day established in
the Tender Schedule as “Opening of Economic Bids”.
The envelope of the Economic Bid(s) for the Supply Block, which Administrative Bids
were not accepted in the respective evaluation stage, will be returned, without opening,
at the latest 3 days after the Opening and Evaluation of the Economic Bids.
First, the Person In Charge of the Tender Process and the Notary Public shall verify that
the seals of all the Economic Bids are in perfect condition. The bids which seals have
signs of tampering, handling, or have been clearly opened will be immediately
eliminated from the Tender. In such case, Records must be prepared to notify about
such situation, identifying the respective Proponents. A copy of those records must be
sent to the Superintendence and the National Economic Public Prosecutor’s Office to
allow these agencies to apply the relevant administrative measures. The bid envelopes
that don´t show seal problems will be opened according to what is established below.
9.2.2. OPENING OF ECONOMIC BIDS FOR THE SUPPLY BLOCK
The Person In Charge of the Tender Process will notify the result of the evaluation of the
Proponents’ Administrative Bids and shall proceed to open the envelopes called
“Economic Bid for Supply Block Nº [1, 2-A, 2-B, 2-C, or 3]” of the Proponents which
Administrative Bids were accepted, in agreement with the evaluation made following the
steps described in number 9.1.
The Economic Bids that have amendments, erasure marks or that submit conditioned
bids in aspects that are different to the ones that are an exception under these Terms
and Conditions shall be automatically eliminated. Likewise, they must specify that under
no circumstances they shall accept a new Bid or counter Bid after the day and time
specified as Date of Reception of the Bids, notwithstanding what is established in
number 8.2.1 previously.
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In the Economic Bids opening ceremony for each Supply Block the Person In Charge of
the Tender Process will prepare Records that he will sign jointly with the Notary Public,
where he will certify: who submitted Bids, which Bids were not opened, information
received in the Bids opened, and the values proposed in the Economic Bids for each
Supply Block, clearly identifying the respective Proponent. Likewise, the Records must
certify the submission made by the Bidders of the bids with restriction and conditioned
bids according to Document 16 established in Annex 16 of the Terms and Conditions.
Those Records will be posted in the web sites indicated in number 6 of Chapter 2 to
become public domain at the latest 48 hours after they are prepared.
9.2.3. OPENING OF ECONOMIC BIDS MODIFICATIONS
After the opening of the Economic Bids mentioned in number 9.2.2 previously, the
Person In Charge of the Tender Process shall proceed, during the same ceremony, to
open the “Modification of Economic Bid for Supply Block Nº [1, 2-A, 2-B, 2-C, o 3]”
envelopes received according to what is provisioned in number 8.2.1 in this Chapter.
The Person In Charge of the Tender Process will include in the Records of Bids Opening
referred to in number 9.2.2 above, the list of bids to modify the Economic Bids prices
from the Proponents of each Supply Block that comply with the conditions established in
number 8.2.1 of this Chapter for their submission.
9.2.4. EVALUATION
To evaluate and award the Economic Bid for each Supply Block, the mechanisms
described below must be applied to award each one in an optimal manner.
9.2.4.1.
EVALUATION OF ECONOMIC BIDS FOR THE SUPPLY BLOCK
The economic bids for each Supply Block must be submitted in Document 15 destined for
this purpose. For the purposes of this number and the following number, the Bidder will
be the Proponent that has approved the administrative qualification and which Economic
Bid has been opened. To submit a bid, the Bidder must fill in Document 15 considering
that each line or row is a different bid, therefore the Bidder must provide the price and
group of the corresponding Sub-Blocks of the bid in a same line. In case de Bidder wants
to offer more than one group of Sub-Blocks, he must mention the amount of Sub-Blocks
of each one of those groups with their corresponding bid price, in separate rows, which
will be considered and different bids.
Hence, for example, the Bidder that wants to make a single bid of grouped Sub-Blocks,
equivalent to the entire Supply Block Nº 1, namely for 250 Sub-Blocks, he shall complete
a single line, and including number “250” in the column that corresponds to the number
of Sub-Blocks in the bid. In case the Proponent wishes to disaggregate such bid in
different Sub-Block combinations, for example one of 150 and another of 100 Sub-Blocks,
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the bidder must fill in the line where he indicates 150 in the column corresponding to
the number of Sub-Blocks in the bid and another line with the value of 100 in the same
column, and he will be able to discriminate prices for each one of them. In the same
manner, for example if the Bidder wants to bid for three Sub-Blocks independently and
at different prices, he will have to complete three lines with a value of 1 in the column
corresponding to the number of Sub-Blocks of the bid in each one of them.
The awarding mechanisms empowers the Proponents to submit two or three bids in the
different hourly blocks that make up the Supply Blocks N° 2 that for these purposes can
be awarded jointly. For example, a Proponent can submit a bid in the Supply Block N° 2A, a bid in Supply Block N° 2-B and another bid in Supply Block N° 2-C, subject to the
joint awarding of the entire three bids. In this case it is said that each one of those bids
is a “bid with restriction”.
Regarding these bids with restriction, the following must be taken into account:
•
The bids with restriction submitted by the Bidder can be of different sizes and prices
among them.
•
For all purposes different to the economic evaluation, the bids with restriction will
be considered as if they were independent bids.
•
It is not possible to include a same bid in more than one restriction.
Given the fact that it is allowed to make bids for the joint supply of Supply Blocks N° 2A, N° 2-B and N° 2-C through bids with restriction and that those blocks have equal
Supply Period and distribution among the Tendering Companies as Supply Block Nº 1, the
awarding mechanism of this Tender will consider that the Economic Bids submitted for
Supply Block Nº 1 that have not been awarded according to the procedure established in
number 9.2.4.1.1.2, will automatically participate in the award procedure of Supply
Blocks N° 2-A, N° 2-B and N° 2-C in a joint manner, as established in number
9.2.4.1.1.3, without requiring from the Bidder to request or approve it or without the
submission of additional documents or information. For such purpose, each bid
submitted and not awarded to Supply Block Nº 1 that participates in the awarding of
Supply Blocks N° 2-A, N° 2-B and N° 2-C, will be evaluated by the bid evaluation
procedure as a group of three bids with restriction among themselves, one bid
submitted for Supply Block N° 2-A, another one for Supply Block N° 2-B and another
one for Supply Block N° 2-C, all of them for an equal number of Sub-Blocks and equal
price as the contents of the bid submitted in Document 15 for Supply Block Nº 1.
Similarly, in case a bid results in a situation of Marginal Bid in Supply Block Nº 1
according to what is established in number 9.2.4.1.1.2, it will automatically participate
in the procedure to award Supply Blocks N° 2-A, N° 2-B and N° 2-C a bid equivalent to
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the number of Sub-Blocks that are reduced from the original bid according to letter d.1)
of number 9.2.4.1.1.4, so that the Marginal Bid of Supply Block Nº 1 and the
complementary bid participating in Supply Block Nº 2 add up an amount of energy
equivalent to the one presented on Document 15 for Supply Block Nº 1.
In addition, the Proponents can submit bids in Supply Block Nº 1 and Supply Block Nº 3
provided the bid presented in Supply Block Nº 3 can only be awarded in the case that the
bid presented in Supply Block Nº 1 is not awarded in that Block or in Supply Blocks Nº 2.
In these cases, it is said that each one of these bids is a “conditioned bid”.
This applies notwithstanding the fact that the Proponent can make independent bids
among the Supply Blocks, as estimated relevant.
In relation to these conditions bids, the following must be taken into account:
•
Conditioned bids must be of similar size and can consider different prices among
them. Conditioned bids are of similar size if the bids of Supply Block Nº 1 and Nº 3
have a similar number of Sub-Blocks.
•
In case a conditioned bid results in a Marginal Bid situation in Supply Block Nº 1 and it
is in a consultation process, the corresponding conditioned bid for Supply Block Nº 3
will be automatically reduced in the amount of supply offered to a number of SubBlocks equivalent to the amount of Sub-Blocks that is formally considered to be
reduced as per letter d.1) of number 9.2.4.1.1.4, so that the Marginal Bid of Supply
Block Nº 1 and the reduced bid of Supply Block Nº 3 sum up a number of Sub-Blocks
that is equivalent to the ones of the originally submitted conditioned bid. In case the
abovementioned consultation is negatively responded, both conditioned bids will be
discarded from the process.
•
The performance bonds submitted by the Proponents must be for the values that
correspond to the conditioned bids of Supply Block Nº 1, and it won´t be necessary to
submit performance bonds for the corresponding conditioned bid for Supply Block Nº
3.
The submission of the above-mentioned bids with restriction and/or conditioned bids
must be made according to the format of “Document 16, Submission of Bids with
Restriction and/or Conditioned Bids” included in Annex 16 of these Terms and
Conditions.
9.2.4.1.1.
FIRST STAGE
According to what is recorded in the Notarial Certificates indicated in numbers 9.2.2
and 9.2.3, the Economic Bids that are potentially awardable are those economic bids
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that fulfil the condition of having an energy bid price equal or less than the Reserve
Price defined for the corresponding Supply Block. Likewise, the Economic Bids that
have been submitted with an energy bid price that is above the Reserve Price will only
be considered as potentially awardable bids if their proposals for the Modification of
the Economic Bid for Supply Block have been recorded as indicated in point 9.2.3
above.
In order to subscribe the awarding procedures considering the compliance of the
stipulations established by the bids with restriction and conditioned bids, the awarding
will be made in the referred order of Supply Block Nº 1, Supply Blocks Nº 2-A, Nº 2-B,
Nº 2-C and Supply Block Nº 3 in that same order and according to the methodology
described below:
9.2.4.1.1.1. BIDS LEVELIZED PRICE
In order to evaluate the Economic Bids for Supply Blocks Nº 1, Nº 2-A, Nº 2-B, Nº 2-C
and Nº 3 recorded in the Notarial Certificates indicated in numbers 9.2.2 and 9.2.3,
the Levelized Price will be determined for each one of the Bids considered as
potentially awardable according to number 9.2.4.1.1 above. The Levelized Price of a
Bid corresponds to the equivalent present value of the Bid Price considering a
projection in its indexation formula. The Levelized Price is defined according to the
following formula:
N −1
Precio Nivelado =
∑
i =0
PrecioOferta ⋅ PFI Inicio+i ⋅ EO Inicio+i
(1 + r ) Inicio+i
N −1
EO Inicio+i
∑
Inicio + i
i = 0 (1 + r )
Where:
PrecioNivelado
Levelized Price for the energy bid in US$/MWh.
PrecioOferta
Economic bid price at the Point of Bid, in US$/MWh, identified in
Document 15. This, independent if the Bidder has recorded a proposal
for Modification of Economic Bid for Supply Block as indicated in point
9.2.3 above.
PFIInicio+i
Projection of the indexation formula associated to the corresponding bid
in year (Inicio+i). This variable is dimensionless.
EOInicio+i
Amount of energy proposed in the Bid in year (Inicio+i), which
corresponds to the number of Sub-Blocks associated to the Bid,
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multiplied by the amount of annual energy corresponding to a Sub-Block
of the Supply Block in year (Inicio+i), in GWh.
Inicio
Variable associated to the year of starting of the corresponding Supply
Block, as of the year of submission of the bids. Variable Inicio will have
a value of 5 (five) in the case of Supply Blocks Nº 1, Nº 2-A, Nº 2-B and Nº
2-C and a value of 6 (six) in the case of Supply Block Nº 3.
N
Number of years considered for the projection of the indices of the
respective indexation formula, as of the start of the supply. The value of
this variable corresponds to 10 (ten) years.
r
Annual Discount Rate used for the evaluation; it corresponds to 10%.
With this, the maximum value for the Levelled Price of a bid will be equal to the Reserve
Price increased in 20%, minus 0.001 US/MWh.
In addition, it must be considered that:
PFI j = a1 ⋅
PIdiesel j
PIdieselbase
+ a2 ⋅
PIfuel j
PIfuelbase
+ a3 ⋅
PIcarbón j
PIcarbónbase
+ a4 ⋅
PIbrent j
PIbrent base
+ a5 ⋅
PIgnl j
PIgnl base
+ a6
Where:
PIdieselj
Price projection for diesel oil for year j, corresponding to the real price
series “Real Petroleum Prices: Industrial: Distillate Fuel Oil”, in real US$
per gallon for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site.
PIdieselbase
Price projection for diesel oil for year 2016, corresponding to the real
price series “Real Petroleum Prices: Industrial: Distillate Fuel Oil”, in
real US$ per gallon for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site.
PIfuelj
Price projection for fuel # 6 for year j, corresponding to the real price
series “Real Petroleum Prices: Industrial: Residual Fuel Oil”, in real US$
per gallon for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site.
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PIfuelbase
Price projection for fuel # 6 for year 2016, corresponding to the real
price series “Real Petroleum Prices: Industrial: Residual Fuel Oil”, in real
US$ per gallon for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site
PIcarbónj
Price projection for coal for year j, corresponding to the real price series
“Coal Prices: All Region Average: Bituminous”, in real US$ per short ton
for the “Low oil price” scenario, according to the last publication of the
Annual Energy Outlook 2015 of the U.S. Energy Information
Administration (EIA), available at the www.eia.gov web site.
PIcarbónbase
Price projection for coal for year 2016, corresponding to the real price
series “Coal Prices: All Region Average: Bituminous”, in real US$ per
short ton for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site.
PIbrentj
Price projection for Brent crude oil for year j, corresponding to the real
price series “Real Petroleum Prices: Crude Oil: Brent Spot”, in real US$
per barrel for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook of the U.S. Energy Information
Administration (EIA), available as of April 1st 2016 at the www.eia.gov
web site.
PIbrentbase
Price projection for Brent crude oil for year 2016, corresponding to the
real price series “Real Petroleum Prices: Crude Oil: Brent Spot”, in real
US$ per barrel for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site.
PIgnlj
Price projection for Henry Hub LNG for year j, corresponding to the real
price series “Natural Gas: Henry Hub Spot Price”, in real US$ per million
BTUs for the “Low oil price” scenario, according to the last publication
of the Annual Energy Outlook 2015 of the U.S. Energy Information
Administration (EIA), available at the www.eia.gov web site.
PIgnlbase
Price projection for Henry Hub LNG for year 2016, corresponding to the
real price series “Natural Gas: Henry Hub Spot Price”, in real US$ per
million BTUs for the “Low oil price” scenario, according to the last
publication of the Annual Energy Outlook 2015 of the U.S. Energy
Information Administration (EIA), available at the www.eia.gov web site
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ai
Weight factor associated to index I individualized in Document 15. The
sum of all weight factors ai, with i from 1 to 6, must be equal to 1.
It must be mentioned that because the Levelized Price is determined in function of
the price projections in real terms and not in nominal terms, consequently, no real
term variations are produced in the CPI index associated to weight factor a6.
The evaluation of the economic bids will be made according to the merit of the
Levelized Prices of the respective bids, according to the mechanisms established in
the abovementioned numbers. The determination of the Bids Levelized Price and the
projection for the price indices associated to the indexation formula are solely used to
evaluate the economic bids and that doesn’t imply any effect on the bid price
indexation throughout the supply period.
9.2.4.1.1.2. AWARDING OF SUPPLY BLOCKS Nº 1
In order to evaluate the Economic Bids corresponding to Supply Block Nº 1 recorded in
the Notarial Certificates indicated in number 9.2.2, all the bids considered as
potentially awardable will be ordered according to the abovementioned number
9.2.4.1.1 in ascending order with respect to the Bids Levelized Price, independent
form the number of energy Sub-Blocks that each bid includes, in this manner forming
the Bid Curve.
In case any of the bids that submitted proposals to modify the Economic Bid price is
awarded or if any of them is considered a Marginal Bid, the final award price for all
purposes will correspond to the one submitted in the proposal to modify the Economic
Bid price.
The volume of energy bid will be filled in successively awarding the Sub-Blocks
according to an ascending order in the Bid Curve, according to the following
mechanism:
a) If the Bid with the lowest Levelized Price is such that it covers 100% of the
tendered energy and it is the only bid, such bid will be awarded and the
tendering process will be concluded.
If the bid is not a single bid, that is, if there are two or more minimum bids
with similar Levelized Price for 100% of the tendered demand, those Bidders
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will be called to submit a new economic bid for 100% of the demand in a closed
envelope, within 24 hours after the time of closure recorded in the Records of
the Opening of the Economic Bid, at a lower price than the value submitted in
the initial bid. The Bidder that doesn´t submit his bid shall be considered with
the Levelized Price of his original bid. The bid with the lowest Levelized Price
will be considered in this phase will be awarded considering the new bid price
submissions, and the award process shall be concluded. In case a new price
draw is produced, the draw break mechanism indicated in point 9.2.4.1.3. will
be applied.
In case the original bid(s) of the lowest Levelized Price don´t cover 100% of the
demand, the following point shall apply.
b) To continue filling in the tendered demand, the following bid of a lower
Levelized Price will be considered and so on until completing the total number
of Sub-Blocks of the Supply Block. If the last bid required to complete the
Supply Block satisfies 100% of the missing demand in the Block, the group of
bids that has allowed to cover the entire Block will be awarded, including the
latter one, and the award process shall be concluded. If, on the contrary, the
last bid necessary to cover the entire Block contains a number of Sub-Blocks
that is higher than the missing demand, it will be defined that such bid is a
Marginal Bid.
c) If the group of bids submitted doesn´t reach 100% of the Supply Block, it will be
defined that the Block is in a condition of Under-bid and the tender shall be
declared partially deserted.
d) In case there is one or several marginal bids, the following procedure shall be
carried out:
d.1)
In case there is a single marginal bid, the Proponent that made a marginal
bid will be asked about his decision to supply, maintaining his bid price, an
amount of energy equivalent to the number of Sub-Blocks that are strictly
necessary to complete the total energy of the corresponding Supply Block.
The formal answer to the question asked above will be received on the
date indicated in the Tender Schedule. If the answer is positive, the
marginal bid will be awarded considering its bid price and the amount
required to complete the tendered supply block. On the contrary, the
abovementioned bid won’t be awarded and an auction will be made for the
non-awarded supply, according to what is established in number 9.2.4.1.2.
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Notwithstanding the former, in case the bid that is complementary to the
bid under consultation is awarded in Supply Blocks Nº 2 in virtue of the
procedure established in number 9.2.4.1.1.3, the marginal bid will be
awarded and the written question described in this number shall not be
asked. Complementary bid is the bid that is equivalent to the number of
Sub-Blocks that are necessary to reduce from the originally submitted bid
in Supply Block Nº 1 due to its condition of marginal bid, and that can
participate in the award procedure of Supply Blocks N° 2-A, N° 2-B and N°
2-C, or, if applicable, Supply Block Nº 3. In this manner, the Block Supply
Nº 1 Marginal Bid and the complementary bid shall total an amount of
energy equivalent to what is presented in Document 15 for Supply Block Nº
1.
In the same manner, in case the complementary conditioned bid the bid
under consultation is awarded in Supply Block Nº 3 in virtue of the
procedure established in number 9.2.4.1.1.4, the marginal bid will be
awarded and the written consultation described in this letter will not be
made.
d.2)
In case there are two or more marginal bids in a supply block, that is, more
than one bid with a same price that are jointly capable to complete the
energy considered in the tendered supply block, an auction for the nonawarded supply will be made in accordance to what is established on
number 9.2.4.1.2.
The Person In Charge of the Tender Process will prepare the Award Records and shall
sign them jointly with the Notary Public, where, among other aspects, he will certify the
Bid Evaluation process carried out in this stage, will identify the Successful Proponent(s),
the energy and power amounts that each Successful Bidder must supply, the accepted
proposals of modification of Economic Bids prices, the consultation about Marginal Bid
and their resolution or passing through to the auction stage.
9.2.4.1.1.3. AWARDING OF SUPPLY BLOCKS Nº 2-A, Nº 2-B and Nº 2-C
In order to evaluate the Economic Bids corresponding to Supply Blocks Nº 2-A, Nº 2-B
and Nº 2-C recorded in the Notarial Certificates indicated in number 9.2.2 and 9.2.3,
the Bids will be awarded according to the following procedure:
b) The following Economic Bids will be considered:
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i.
The bids which energy bid price is equal or lower than the Reserve Price
defined for the corresponding Supply Block.
ii.
The bids which energy bid price is greater than the Reserve Price and its
proposal to Modify the Economic Bid for Supply Block has been recorded
as indicated in point 9.2.3 above. For all the purposes of this future
award, the price of these Bids will correspond to the Reserve Price, or to
the Reserve Price reduced in 5%, as applicable, and in compliance of
what is indicated in point 8.2.1 above.
iii.
In addition, the bids submitted for Supply Block Nº 1 that have not been
awarded according to the procedure established in number 9.2.4.1.1.2
above and which energy bid price is equal or lower than the Reserve
Price of Supply Block Nº 1 or which energy Bid Price is higher than the
Reserve Price of Supply Block Nº 1 and that have registered their
proposal of Economic Bid Modification for the Supply Block as indicated
in point 9.2.3 above, will also be considered.
In the case of the Bids mentioned in number iii. above, each bid will be
considered as a group of three bids, one for Supply Block Nº 2-A, another for
Supply Block Nº 2-B and another one for Supply Block Nº 2-C, all of them for
similar number of Sub-Blocks as the ones contained in the submission for Supply
Block Nº 1. Likewise, it will be considered that the three equivalent bids show
restriction among themselves.
c) Of the total feasible combinations from the Economic Bids determined
according to letter b) above, the ones that minimize the mean weighted
Levelized Price of the group made up by Supply Blocks N° 2-A, Nº 2-B and Nº
2-C will be selected, provided the conditions established for bids with
restriction are fulfilled. For this purpose, the energy that is not covered in
each one of the combinations will be valued at the Reserve Price of the
respective Supply Block, increased in 20%. Likewise, the feasible bids
combinations will only be able to consider complete bids and not fractions of
the bids submitted.
d) The bids selected in agreement with letter c) above will be awarded. In case
there is more than one combination that minimizes the mean weighted
Levelized Price of Supply Blocks N° 2-A, Nº 2-B and Nº 2-C, the mechanism of
draw break indicated in point 9.2.4.1.3 of Chapter 2 of these Terms and
Conditions shall be used.
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e) If the Successful Bids according to letter d) above don´t cover the total
supply bid for Supply Blocks N° 2-A, Nº 2-B and Nº 2-C, the bid(s) with the
lowest Levelized Price of each one of these Supply Blocks that allow
completing all of each energy Block bid will be selected, without considering
for that purpose the conditions of Bids with restrictions submitted by the
Proponents. For these purposes, the bids originally submitted to Supply
Block Nº 1 and that are conditioned with any bid in Supply Block Nº 3 won’t
be considered. If the last bid required to cover the entire Block contains a
number of Sub-Blocks that is higher than the missing demand, it will be
defined that such bid is a Marginal Bid.
f) A written consultation will be made to the Proponent(s) which Bids are
selected according to letter e) above, according to the following:
•
For the case of a bid with restriction, consultation about the decision to
supply, maintaining its price, the amount of energy of its bid without
considering the restriction conditions.
•
For the case of a single marginal bid, consultation about the decision to
supply, maintaining its bid price, an amount of energy equivalent to the
number of Sub-Blocks that are strictly necessary to complete the total
energy of the corresponding Supply Block.
•
For the case of a single marginal bid that additionally is a bid with
restriction, consultation about the decision to supply, maintaining its bid
price, an amount of energy that is equivalent to the number of SubBlocks that are strictly necessary to complete the total energy of the
corresponding Supply Block, without considering the restriction
conditions.
In case there are two or more marginal bids in a supply block, that is, more
than one bid with a same price that can jointly complete the energy considered
in the tendered supply block, an auction for the non awarded supply will be
made according to what is established in number 9.2.4.1.2.
g) On the date indicated in the Tender Schedule, the formal answers to the
questions established in letter f) above will be received. If the answer is
positive, the corresponding bid will be awarded considering the bid price
and amount of energy required in the previous consultation. On the
contrary, the above-mentioned bid won’t be awarded and an auction will be
made for the non-awarded supply in accordance to what is established in
number 9.2.4.1.2.
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The Person In Charge of the Tender Process will prepare the Award Records and shall
sign them jointly with the Notary Public, where, among other aspects, he will certify
the Bid Evaluation process carried out in this stage, will identify the Successful
Proponent(s), the energy and power prices in each one of the Points of Supply or
Purchase and the amounts of energy and power that each Successful Bidder must
supply, the accepted proposals of modification of the accepted Economic Bids prices,
the consultation about Marginal Bid and their resolution or passing through to the
auction stage.
9.2.4.1.1.4. AWARDING OF SUPPLY BLOCKS Nº 3
In order to evaluate the Economic Bids corresponding to Supply Blocks Nº 3 recorded in
the Notarial Certificates indicated in number 9.2.2, all the bids considered as
potentially awardable will be ordered according to the abovementioned number
9.2.4.1.1 in ascending order with respect to the Bids Levelized Price, independent
form the number of energy Sub-Blocks that each bid includes, in this manner forming
the Bid Curve. For the case of the Supply Block Nº 3 Bid Curve, the fulfilment of the
conditions established for the conditioned bids must be considered, and for that
purpose, the awarding mechanism shall be started after the awarding of Supply Block
Nº 1.
In case any of the bids that submitted proposals to modify the Economic Bid price is
awarded or if any of them is considered a Marginal Bid, the final award price for all
purposes will correspond to the one submitted in the proposal to modify the Economic
Bid price.
The volume of energy bid will be filled in successively awarding the Sub-Blocks
according to an ascending order in the Bid Curve, according to the following
mechanism:
a) If the Bid with the lowest Levelized Price is such that it covers 100% of the
tendered energy and it is the only bid, such bid will be awarded and the
tendering process will be concluded.
If the bid is not a single bid, that is, if there are two or more minimum bids
with similar Levelized Price for 100% of the tendered demand, those Bidders
will be called to submit a new economic bid for 100% of the demand in a closed
envelope, within 24 hours after the time of closure recorded in the Records of
the Opening of the Economic Bid, at a lower price than the value submitted in
the initial bid. The Bidder that doesn´t submit his bid shall be considered with
the Levelized Price of his original bid. The bid with the lowest Levelized Price
will be considered in this phase will be awarded considering the new bid price
submissions, and the award process shall be concluded. In case a new price
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draw is produced, the draw break mechanism indicated in point 9.2.4.1.3. will
be applied.
In case the original bid(s) of the lowest Levelized Price don´t cover 100% of the
demand, the following point shall apply.
b) To continue filling in the tendered demand, the following bid of a lower
Levelized Price will be considered and so on until completing the total number
of Sub-Blocks of the Supply Block. If the last bid required to complete the
Supply Block satisfies 100% of the missing demand in the Block, the group of
bids that has allowed to cover the entire Block will be awarded, including the
latter one, and the award process shall be concluded. If, on the contrary, the
last bid necessary to cover the entire Block contains a number of Sub-Blocks
that is higher than the missing demand, it will be defined that such bid is a
Marginal Bid.
c) If the group of bids submitted doesn´t reach 100% of the Supply Block, it will be
defined that the Block is in a condition of Under-bid and the tender shall be
declared partially deserted.
d) In case there is one or several marginal bids, the following procedure shall be
carried out:
d.1)
In case there is a single marginal bid, the Proponent that made a marginal
bid will be asked about his decision to supply, maintaining his bid price, an
amount of energy equivalent to the number of Sub-Blocks that are strictly
necessary to complete the total energy of the corresponding Supply Block.
The formal answer to the question asked above will be received on the
date indicated in the Tender Schedule. If the answer is positive, the
marginal bid will be awarded considering its bid price and the amount
required to complete the tendered supply block. On the contrary, the
abovementioned bid won’t be awarded and an auction will be made for the
non-awarded supply, according to what is established in number 9.2.4.1.2.
d.2)
In case there are two or more marginal bids in a supply block, that is, more
than one bid with a same price that are jointly capable to complete the
energy considered in the tendered supply block, an auction for the nonawarded supply will be made in accordance to what is established on
number 9.2.4.1.2.
The Person In Charge of the Tender Process will prepare the Award Records and shall
sign them jointly with the Notary Public, where, among other aspects, he will certify the
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Bid Evaluation process carried out in this stage, will identify the Successful Proponent(s),
the energy and power prices in each one of the Points of Supply or Purchase, and the
amounts if energy and power that each Successful Bidder must supply, the accepted
proposals of price modification of accepted Economic Bids, the consultation about
Marginal Bid and their resolution or passing through to the auction stage.
9.2.4.1.2.
SECOND STAGE BID EVALUATION. AUCTION PHASE
In case it has not been possible to award with the First Stage procedure all the energy
tendered in a Supply Block because the marginal bid(s) have not been awarded, in the
period indicated in the Tender Schedule there will be a formal communication stating
the decision of the Tendering Companies to call for an Auction, applying an awarding
procedure similar ton the one established in the First Stage. The mechanism to be
followed will be the following:
i.
There will be a formal communication to each one of the Proponents that
submitted bids and that have approved the administrative evaluation and have
been recorded in the Notarial Certificates indicated in point 9.2.2, which will be
able to submit bids in the auction.
ii.
The reception of bids, and the date and time of the auction will be
communicated through email and registered letter to the Bidders. The auction
will be made before Notary Public.
iii.
The auction will be for the entire amount of energy required to complete the
demand of the Supply Block and the price to be bid must be equal or lower than
the non-awarded marginal bid. Notwithstanding the former and with the
previous approval of the Commission, the Tendering Companies can sub-divide
the total amount of energy to be auctioned on equal parts to be offered in
independent auctions.
iv.
The Bidders will provide at the moment they are indicated in the
communication stated in number ii) and in a closed envelope their Economic
Bid, establishing the energy price in US$/MWh with three decimal places, which
will be opened before Notary Public. After that, a stop-out price oral auction
will be started. Its starting price will be the lowest price offered by any of the
Bidders. In case two or more oral bids are received. The one that offers the
lowest price will be awarded if after five records from the last best bid doesn´t
receive a lower bid. In case no best bid is presented in the oral auction, the
award will be made to the Bidder that has presented the lowest price bid.
In case the amount to bid is subdivided in several independent auctions, the
bidders won´t need to submit an envelope with their Economic Bid. The process
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of each stop-out price oral auction and their corresponding award will be made
according to what is indicated in the former paragraph, considering the nonawarded marginal bid price as the starting price.
v.
If there is a draw in this last bid, the draw break rules established in number
9.2.4.1.3 will be followed.
The Person In Charge of the Tender Process will prepare the Award Records and shall
sign them jointly with the Notary Public, where, among other aspects, he will certify
and identify the result of the Auction, the Successful Proponent, the energy and
power prices in each one of the Points of Supply or Purchase and the amounts of
energy and power that each Successful Bidder must supply.
9.2.4.1.3.
DRAW BREAK RULES
Any price draw condition between two or more bids combinations that result from the
award process in any of its stages will be solved by awarding the Bid that has the
largest amount of Sub-Blocks. In case the draw continues, it will be solved by applying
a random selection mechanism.
9.3.
DECLARATION OUT OF TERMS AND CONDITIONS AND DESERTED TENDER
9.3.1. PROCESS TO DECLARE OUT OF TERMS AND CONDITIONS
Depending on the Tender, the Person In Charge of the Tender Process will prepare the
Award Records and shall sign them jointly with the Notary Public, where he will
certify and explain why specific Bids were declared out of Terms and Conditions. Such
records must be sent to the corresponding Proponents in a period not later than 24
hours and will be sent for their public domain in the same period of time in the
Official Web Site and in the web sites specified in number 6 of this Chapter 2.
9.3.2. DESERTED TENDER
In case none of the Proponents complies with what is required in the Terms and
Conditions, if they don´t submit Bids, the economic bids have been considered invalid or
if it’s not possible to supply the total demand required with the Proponents that
participated in the Process. The Tendering Companies will declare the Tender Deserted
partially or totally, as applicable, without any right to indemnification for the
Proponents and without allowing the Proponents to make any claim or request any
reimbursement. This situation will be annotated in the records that will be prepared by
the Person In Charge of the Tender Process, signed jointly with the Notary Public,
specifying and explaining the information and reason for declaring the Tender
deserted. These Records will be sent for public domain at the latest 48 hours after the
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Tender has been declared deserted to the web sites specified in number 6 of this
Chapter 2. Yet, the Tender will be declared partially deserted in case that in virtue of
the bids received, 100% of the total demand tendered in the Supply Block is not covered.
10. AWARDING
The Person In Charge of the Tender Process will formally notify by writing to the
Proponent(s) that were successful bidders in the Tender within 48 hours after the
Economic Bid evaluation ends, through letter signed jointly with the Notary Public and
including a copy of the respective Award Records. Copy of that notification will be sent
to the Ministry, to the Commission and to the Superintendence.
The Successful Proponent(s) must prepare and submit to the Person In Charge of the
Tender Process at the latest within 10 calendar days from the reception of the letter
mentioned in the former paragraph, the Supply Award Acceptance Records, through
public deed, certifying their acceptance of the Supply Award and its compliance under
the conditions of their Bids, and promising they will be subject to the obligations,
conditions and legal rights that the LGSE, regulations and standards imposed on them.
The Tendering Companies will send a copy of these records to the Ministry, to the
Commission and to the Superintendence. These actions must be carried out to include
the Tender results in the respective short-term node prices decree, in agreement with
what is established in the LGSE.
The non-compliance of what is indicated in the former paragraph by the Successful
Bidder(s) will allow the Tendering Companies to go ahead with the collection of the
respective Performance Bonds.
The collected amount will go in the single and direct benefit of the price-regulated
clients. For that purpose, the Tendering Companies must inform the Commission to
consider this as a collection surplus in order to determine the resettlement of the
distribution concessionaires’ collection surplus or deficit that is reflected in the Average
Node Pricing Technical Report considering the price fixations specified in Article 171º of
the LGSE.
In such situation, the Tendering Companies will offer the awarded and non-accepted
supply to the remaining Proponents through the auction procedure described in number
9.2.4.1.2 above. In tis case, the maximum price for Bid will be the one of the
successful and not accepted bid.
In this case, the Tendering Companies will proceed with the same formalities detailed in
the first paragraph of this number. The new Successful Bidder(s) must prepare, at the
latest after 10 calendar days from the reception of the letter specified in the former
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paragraph, the Supply Award Acceptance Records, through public deed, certifying their
acceptance of the Supply Award and its compliance under the conditions of their Bid,
and promising they will be subject to the obligations, conditions and legal rights that the
LGSE, regulations and standards imposed on them. If the new Successful Bidder(s) don´t
comply, the Tendering Companies will eliminate them immediately from the Tender and
what is established in the former paragraph regarding the Guarantees shall apply, and
the same that is established in this paragraph shall apply to the following Bidder(s).
In case the Tendering Companies don’t award the Tender to any of the qualified
Proponents according to what is established in the former paragraph, they shall proceed
to declare the Tender deserted, following the procedure mentioned in number 9.3.2.
The Successful Bidders must subscribe the Supply contracts with the Tendering
Companies at the latest 120 days after the preparation of the Supply Award Acceptance
Records, if they don´t, the Tendering Companies will proceed with the collection of the
corresponding Performance Bonds.
11. BIDS BASED ON NEW GENERATION PROJECTS
In case a Proponent terms and conditions his Bid partially or totally on a new generation
project, he shall submit in his bid the detailed description of the project, its main
construction milestones with its schedule and remaining relevant information that allow
specifying its feasibility.
Likewise, in the document included in Annex 18, such Proponent can declare in his Bid
the option of making use of the Mechanism to Postpone the Beginning of Supply or
Anticipated Termination of the Contract that is established below.
For this purpose, the Supply Contracts subscribed in virtue of these Terms and Conditions
shall contain the clauses required to postpone the beginning of the supply or anticipated
termination of the contract, using or including the maximum deadlines established in
Article 135º of the LGSE, as applicable.
11.1. MECHANISM TO POSTPONE THE BEGINNING OF SUPPLY OR TO SUBSCRIBE AN
ANTICIPATED TERMINATION OF THE CONTRACT
To make use of this Mechanism, the Proponents that apply with new generation
projects must expressly consider the construction milestones with the schedule
associated to the one that the respective project that supports the bid is committing.
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2015/01 Supply Tender
Likewise, they must subscribe the Document included in Annex 18 and they must
commit to issue the guarantee to use the Mechanism corresponding to a sight
promissory note for an amount of 10 UF for each MWh that the Proponent is awarded
for the last year of duration of the respective Supply Block, for each month of
postponement requested and for the case of request of anticipated termination of the
contract, a sight promissory note for an amount of 360 UF for each GWh that the
Proponent is awarded for the last year of duration of the respective Supply Block,
under the terms and conditions established in the contract included in Annex Nº 19. In
addition, in his Bid he must include the following information:
1. If applicable, in agreement with what is provisioned in Article 10 of Law 19,300,
the filing as acceptable of the Environmental Impact Study or Declaration before
the Environmental Evaluation Service or the Environmental Qualification
Resolution, if available.
2. Gantt Chart with relevant milestones of the project, such as obtaining of the
Environmental Qualification Resolution, the request and obtaining of the
corresponding electric concessions , the signing off of major equipment, the date
of start of construction, and any other element that is considered relevant in the
relevant construction process.
3. Title deed to allow using the land where the generation project will be located or
constructed, including property, usufruct, rental, concession or easement title
deeds, or the respective concession request or promise contract for the
possession, usage, enjoyment or arrangement of the land to allow the project’s
development.
The amounts collected by the Distribution Company for this item must be returned to
the price-regulated clients in agreement with what is established in article 135º ter of
the LGSE.
The detail of the Sight Promissory Note writing will be determined when the
postponement or anticipated termination of the contract is authorized to comply with
what is established in the LGSE.
The Supplier can make use of the Mechanism within three years after the Contract
execution, for which purpose he shall submit a request to the Commission with a copy to
the Distribution Company. Such request must be well founded and must include a
description of the actual advance of the relevant milestones of the Project in agreement
with the Gantt chart included in his bid and reasons for any non-performance, which will
not be blamed on the Supplier.
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2015/01 Supply Tender
The postponement period for the beginning of the Supply can´t be longer than two
calendar years since the original date of beginning of the Supply Period defined in the
Contract.
Once the request is received, the Commission shall summon the contracting Supplier and
Distribution Company to participate in the public draw of the independent consultant
referred to in Article 135ª ter of the LGSE to prepare the report mentioned on the same
Article within the maximum period of 30 business days. Once that report is concluded
and delivered to the Commission, it will decide, through Exempt Resolution, by
resolutely authorizing or rejecting the postponement or anticipated termination of the
contract, as applicable, in a period of not more than 30 days.
For the purposes of this clause, among the hypotheses that could constitute a fact that
can´t be blamed on the Supplier, are those cases when there is a delay in the
commissioning of the trunk transmission works that have been awarded as of the date of
submission of the bid that originated the current Contract, in compliance of the
procedure established in Articles 96º and 97º of the Law, and only provided the new
generation project is ruled under the same law.
In case of bids that are based on geothermal projects, where the Bidder has additionally
included a copy of the publication in the Official Gazette of the decree that grants the
corresponding geothermal energy exploitation concession and a report approved by the
Ministry of Energy certifying the existence of the geothermal resource through
production tests in a geothermal well, additional special conditions are considered to
apply this mechanism considering that, different from other energy sources, in the
exploration of geothermal resources the energy resource existing in a specific place
can’t be measured directly, but rather only after a project is implemented through the
development of a geothermal field that confirms the quality of geothermal wells and the
effective availability of the primary energy resource. Consequently, the need to drill
additional holes to the ones considered in the work schedule to ensure the steam
availability required by the committed supply because of flawed drill holes or low
productivity in the drill holes or rather, lack of finding geothermal resources once the
deep exploration program ends to make the construction feasible under the conditions
established in the Contract, can be facts that can´t be blamed on the Supplier
If applicable, together with the request rejection, the contracting Distribution Company
must return the enclosed sight promissory note. In case the request is approved, the
contracting Distributor and the Supplier must make the relevant adjustments in the
contract in a period not later than 30 days after the approval’s communication, and shall
make the corresponding substitution of the immediate execution insurance or of the
supply faithful performance bank guarantee specified in number 8.3 of Chapter 1 in
these Terms and Conditions in order to adjust its validity according to what is specified
in that number.
Page 83
2015/01 Supply Tender
ANNEXES
Page 84
2015/01 Supply Tender
ANNEX 1. MONTHLY DISTRIBUTION OF ACTIVE, REACTIVE ENERGY AND MAXIMUM
DEMAND
Company
January February
March
April
May
June
July
August
September
October
November
December
EMELARI
8.63%
7.66%
8.85%
8.06%
8.62%
8.34%
8.48%
8.22%
7.76%
8.66%
8.12%
8.61%
ELIQSA
8.56%
7.55%
8.92%
7.16%
8.23%
9.06%
8.40%
8.41%
7.91%
8.73%
8.45%
8.63%
ELECDA SING
8.29%
7.07%
8.22%
7.96%
8.38%
8.50%
9.90%
8.53%
7.97%
8.54%
8.23%
8.42%
ELECDA SIC
8.51%
7.25%
8.55%
8.17%
7.97%
7.80%
8.58%
8.76%
8.23%
8.90%
8.39%
8.89%
EMELAT
9.33%
8.09%
8.54%
7.49%
7.51%
7.49%
7.88%
7.84%
7.83%
9.09%
9.13%
9.78%
CHILQUINTA
9.06%
8.27%
8.85%
8.06%
8.22%
8.04%
8.31%
8.12%
7.66%
8.36%
8.27%
8.77%
CONAFE
9.02%
8.27%
8.62%
8.00%
8.30%
7.90%
8.28%
8.19%
7.78%
8.50%
8.31%
8.83%
EMELCA
9.58%
8.53%
9.02%
7.71%
7.90%
7.94%
7.94%
8.11%
7.43%
8.43%
8.58%
8.84%
LITORAL
11.05%
11.68%
7.88%
7.42%
7.68%
7.26%
8.72%
7.82%
7.90%
7.37%
7.30%
7.92%
CHILECTRA
8.39%
7.22%
8.30%
7.85%
8.35%
9.13%
9.33%
8.76%
8.10%
8.29%
7.97%
8.30%
EEPA
8.02%
7.31%
8.33%
7.91%
8.66%
8.94%
9.17%
8.81%
8.18%
8.28%
8.04%
8.35%
CGED
8.58%
7.93%
8.94%
8.15%
8.44%
8.61%
8.76%
8.27%
7.61%
7.99%
8.04%
8.67%
COOPELAN
11.84%
9.55%
8.83%
6.74%
7.16%
7.03%
7.18%
6.88%
6.59%
7.37%
8.82%
12.01%
FRONTEL
8.52%
7.84%
8.72%
7.98%
8.46%
8.53%
8.68%
8.38%
7.96%
8.26%
8.06%
8.60%
SAESA
8.43%
7.81%
8.60%
7.95%
8.38%
8.34%
8.57%
8.40%
7.95%
8.70%
8.32%
8.56%
CODINER
10.11%
8.60%
8.72%
7.71%
8.12%
7.86%
7.97%
7.79%
7.32%
8.25%
8.18%
9.37%
EDECSA
11.25%
10.11%
10.12%
7.73%
7.03%
5.97%
6.27%
6.42%
6.16%
8.55%
9.94%
10.46%
CEC
8.76%
10.72%
12.93%
8.84%
8.56%
7.48%
6.98%
5.82%
5.05%
6.60%
8.32%
9.94%
LUZ LINARES
10.97%
10.54%
11.00%
7.92%
7.72%
7.09%
6.78%
6.13%
5.53%
7.09%
8.77%
10.46%
LUZ PARRAL
14.27%
11.90%
10.34%
6.30%
6.24%
5.73%
5.62%
5.05%
4.69%
6.87%
9.51%
13.49%
COPELEC
11.04%
9.41%
8.87%
6.98%
7.27%
7.21%
7.61%
7.32%
6.84%
7.71%
9.03%
10.72%
COELCHA
9.53%
8.99%
8.94%
7.57%
8.11%
7.98%
8.10%
8.17%
7.46%
8.25%
8.12%
8.78%
SOCOEPA
9.82%
8.98%
8.43%
7.42%
7.60%
7.31%
7.91%
8.07%
8.23%
8.33%
8.10%
9.77%
COOPREL
10.45%
9.03%
8.63%
7.45%
7.72%
7.46%
7.86%
7.60%
7.66%
8.32%
7.77%
10.06%
LUZ OSORNO
9.51%
8.40%
8.79%
7.39%
7.53%
7.54%
8.05%
8.04%
7.94%
8.49%
8.38%
9.92%
CRELL
7.96%
7.26%
8.14%
8.26%
8.93%
9.08%
9.23%
8.97%
8.33%
8.23%
7.73%
7.89%
Total
8.63%
7.74%
8.63%
7.95%
8.33%
8.63%
8.86%
8.41%
7.83%
8.26%
8.12%
8.60%
Referential values
Page 85
2015/01 Supply Tender
ANNEX 2. DISTRIBUTION BY POINT OF PURCHASE OF ACTIVE, REACTIVE ENERGY AND
MAXIMUM DEMAND
Company
Lagunas
220
Atacama
220
Crucero
220
Encuentro
220
Tarapaca
Diego de
220
Almagro 220
EMELARI
25.96%
0.00%
1.45%
0.00%
72.59%
Cardones
220
Maitencillo
220
Pan de
Azucar 220
Los Vilos
220
0.00%
0.00%
0.00%
0.00%
0.00%
ELIQSA
18.87%
0.00%
0.82%
0.00%
80.31%
0.00%
0.00%
0.00%
0.00%
0.00%
ELECDA SING
0.00%
8.45%
77.71%
13.85%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
ELECDA SIC
0.00%
0.00%
0.00%
0.00%
0.00%
100.00%
0.00%
0.00%
0.00%
0.00%
EMELAT
0.00%
0.00%
0.00%
0.00%
0.00%
6.70%
76.72%
16.46%
0.12%
0.00%
CHILQUINTA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CONAFE
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
2.12%
54.10%
21.09%
EMELCA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LITORAL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CHILECTRA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
EEPA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CGED
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COOPELAN
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
FRONTEL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SAESA
0.00%
0.00%
0.00%
0.00%
0.00%
1.00%
0.00%
0.00%
0.00%
0.00%
CODINER
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
EDECSA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CEC
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LUZLINARES
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LUZPARRAL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COPELEC
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COELCHA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SOCOEPA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COOPREL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LUZOSORNO
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CRELL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
TOTAL
0.55%
0.25%
2.33%
0.41%
1.96%
0.22%
1.67%
0.48%
3.04%
1.18%
Referential values
Page 86
2015/01 Supply Tender
Company
Quillota
220
Nogales
220
Polpaico
220
Melipilla
220
Chena 220
Alto Jahuel Cerro Navia
220
220
EMELARI
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
ELIQSA
0.00%
0.00%
0.00%
0.00%
0.00%
ELECDA SING
0.00%
0.00%
0.00%
0.00%
ELECDA SIC
0.00%
0.00%
0.00%
0.00%
EMELAT
0.00%
0.00%
0.00%
CHILQUINTA
85.48%
3.19%
CONAFE
22.01%
EMELCA
95.66%
LITORAL
Rapel 220
Ancoa 220
Itahue 220
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
2.64%
8.68%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.69%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
4.34%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
78.81%
4.10%
0.00%
17.09%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CHILECTRA
0.34%
0.00%
22.08%
0.00%
19.02%
31.14%
27.18%
0.00%
0.00%
0.00%
EEPA
0.00%
0.00%
16.95%
0.00%
17.86%
52.04%
13.15%
0.00%
0.00%
0.00%
CGED
0.01%
0.00%
2.62%
3.32%
4.19%
25.34%
2.84%
3.10%
3.86%
20.79%
COOPELAN
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
FRONTEL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SAESA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CODINER
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
EDECSA
94.70%
4.29%
0.16%
0.00%
0.18%
0.16%
0.51%
0.00%
0.00%
0.00%
CEC
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
98.14%
LUZLINARES
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
40.88%
27.01%
LUZPARRAL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
25.10%
17.98%
COPELEC
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
5.51%
COELCHA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SOCOEPA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COOPREL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LUZOSORNO
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CRELL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
TOTAL
8.48%
0.31%
9.00%
1.67%
8.15%
18.80%
10.66%
0.88%
1.33%
6.46%
Referential values
Page 87
2015/01 Supply Tender
Company
Charrua
220
Hualpen
220
Temuco
220
Lagunillas
220
Valdivia
220
Barro Blanco
220
Puerto Montt
220
Ciruelos 220
Colbun 220
EMELARI
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
ELIQSA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
ELECDA SING
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
ELECDA SIC
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
EMELAT
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CHILQUINTA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CONAFE
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
EMELCA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LITORAL
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CHILECTRA
0.01%
0.01%
0.00%
0.23%
0.00%
0.00%
0.00%
0.00%
0.00%
EEPA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CGED
16.85%
6.72%
7.12%
3.16%
0.00%
0.00%
0.00%
0.00%
0.08%
COOPELAN
100.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
FRONTEL
44.60%
0.62%
33.40%
21.38%
0.00%
0.00%
0.00%
0.00%
0.00%
SAESA
0.18%
0.00%
1.73%
0.00%
23.23%
18.19%
53.45%
2.22%
0.00%
CODINER
10.76%
0.00%
89.24%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
EDECSA
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
CEC
1.86%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LUZLINARES
32.10%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
LUZPARRAL
56.92%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COPELEC
94.49%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
COELCHA
100.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SOCOEPA
0.00%
0.00%
0.00%
0.00%
78.18%
21.82%
0.00%
0.00%
0.00%
COOPREL
0.00%
0.00%
0.00%
0.00%
42.25%
57.75%
0.00%
0.00%
0.00%
LUZOSORNO
0.00%
0.00%
0.00%
0.00%
19.33%
68.56%
12.11%
0.00%
0.00%
CRELL
0.00%
0.00%
0.00%
0.00%
0.00%
11.75%
88.25%
0.00%
0.00%
TOTAL
7.47%
1.93%
3.41%
1.66%
1.80%
1.69%
4.03%
0.15%
0.02%
Referential values
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ANNEX 3. LIST OF RISK RATING COMPANIES
Risk Rating Companies
Feller-Rate
Moody’s
Standard and Poor’s
Fitch Ratings
Humphreys Ltda.
ICR Chile Ltda.
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ANNEX 4. TERMS AND CONDITIONS AND SUPPORTING DOCUMENTS ACCEPTANCE
DECLARATION FORMAT
SWORN STATEMENT
In (city/country), on (date), (name of the legal representative[s]), legal
representative(s) of (name of the Proponent legal person) herein declare that the
contents of each one of the clauses and annexes of the Tender Terms and Conditions
prepared by the “Tendering Companies” for Supply Tender 2015/01, their clarifications
and answers to questions of the Tender in advance to the bid presentation have been
analysed and acknowledged and declares their conformity and acceptance and commit
to follow its provisions, without any type of conflict and claims regarding all the
abovementioned documents.
................................................................................
(Name and signature of legal representative[s])
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ANNEX 5. APPOINTMENT OF THE PROPONENT’S REPRESENTATIVE FORMAT
SPECIAL MANDATE
In (city/country), on (date), (name of the legal representative[s]), Identity Card Number
(Nº of ID card) legal representative of (Company name and Company) issues the mandate
or special and irrevocable power to:
Mr (name of the Proponent’s representative), identity card number (Identity Card Nº)
with domicile in Chile located in (street, number/ commune), telephones: (telephone
numbers), fax: (fax number), e-mail: (email address), to allow such representatives on
his behalf and representation to participate with ample faculties in all the stages,
milestones, actions, processes and formalities in the Supply Tender 2015/01 prepared by
Distribution Companies CGE Distribución S.A., Chilectra S.A., Chilquinta Energía S.A.,
Compañía Eléctrica Osorno S.A., Compañía Eléctrica del Litoral S.A., Compañía Nacional
de Fuerza Eléctrica S.A., Empresa Eléctrica de Arica S.A., Empresa Eléctrica de Iquique
S.A., Empresa Eléctrica Atacama S.A., Empresa Eléctrica de Antofagasta S.A., Empresa
Eléctrica de Casablanca S.A., Empresa Eléctrica de la Frontera S.A., Empresa Eléctrica
de Puente Alto Ltda., Energía de Casablanca S.A., Luzlinares S.A., Luzparral S.A.,
Sociedad Austral de Electricidad S.A., Compañía Distribuidora de Energía Eléctrica
Codiner Ltda. and the electric cooperatives Cooperativa Eléctrica de Curicó Ltda.,
Cooperativa de Consumo de Energía Eléctrica de Chillán Ltda., Cooperativa Eléctrica Los
Ángeles Ltda., Cooperativa Eléctrica Paillaco Ltda., Cooperativa Rural Eléctrica de
Llanquihue Ltda., Cooperativa Rural Eléctrica de Río Bueno Ltda., Sociedad Cooperativa
de Consumo de Energía Eléctrica de Charrúa Ltda., where the principal has decided to
participate.
In order to fulfil its role of representative, he will have, among other powers, without
being an exhaustive list, the following special powers: a) Acquiring the Tender Terms
and Conditions and register in the Terms and Conditions Acquirers Register; b) Ask
questions about the Terms and Conditions and receive and accept the answers or
clarifications; c) Submitting bids according to the principal instructions; d) Attending and
participating in the bids opening ceremony; e) Participating in the Tender, especially
intervening in the auction mechanism foresee in the corresponding section of the Tender
Terms and Conditions, submitting, signing, issuing and accepting all the conditions
established under that auction; f) Signing, issuing and submitting records, documents,
complementary contracts, annexes, forms and all types of instruments required in the
Bidding Terms and Conditions; g) Granting, submitting and receiving the guarantees of
all types required according to what is established in the Tender Terms and Conditions;
h) Accept and subscribe the awarded Contract(s); i) Grant, submit and receive the
guarantees of all types that are necessary and required to grant, submit and receive in
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virtue of the awarded Contract and of what is stipulated in The Tender Terms and
Conditions; j) Modifying and communicate the domicile established in Chile, its
telephone numbers, fax numbers, post office mail and email.
................................................................................
(Name and signature of legal representative[s])
................................................................................
(Notary Public signature and stamp)
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ANNEX 6. BID VALIDITY DECLARATION FORMAT
SWORN STATEMENT
In Santiago de Chile, as of __ of ________ 2016, ____________, identity card number
__________ in representation of __________RUT ____________, as Proponent’s
Representative, declares as follows:
That the submission of the Bid(s) identified in “DOCUMENT 15, SUPPLY ECONOMIC BID”
under the framework of Tender 2015/01 have a validity of 180 days from (date of
submission of the bid) and in all cases they maintain their validity until 180 days after
the date of award of the bids.
................................................................................
(Name and signature of the legal representative[s])
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ANNEX 7. REMUNERATIONS REGIME ACCEPTANCE DECLARATION FORMAT
SWORN STATEMENT
In (city/country), as of (date), (name of legal representative[s]), legal representative(s)
of (name of the Proponent legal person) declares that he knows and accepts the
Remunerations Regime established in the Chilean Legislation and these Tender Terms
and Conditions for Supply Tender 2015/01 and commits to comply with its stipulations.
................................................................................
(Name and signature of the legal representative[s])
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ANNEX 8. LEGAL OBLIGATIONS, SANCTIONS AND FINES ACCEPTANCE DECLARATION
SWORN STATEMENT
In (city/country), as of (date), (name of legal representative[s]), legal representative(s)
of (name of the Proponent legal person) declare that he knows and accepts the legal
obligations and fines established by the current Chilean legislation and these Tender
Terms and Conditions for Supply Tender 2015/0 and commits to comply with its
stipulations.
................................................................................
(Name and signature of the legal representative[s])
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ANNEX 9. ENERGY AND POWER PRICE INDEXATION FORMULA
A. Energy price Indexation Formula
The Bidder shall propose an indexation formula for the energy price at the Point od
Bid prepared with indices that reflect the fuel costs variation, of the capital costs or
of other relevant inputs for generation. These indices, which were informed by the
Commission to the Tendering Companies at the moment of approval of the Terms and
Conditions, are the following:
A.1. Indexation Formula Indices
Index_1: Diesel Oil Monthly Parity Price in US$/m3. It will include the effects of the fuel
prices stabilization and protection mechanism established in the current regulations.
Such price corresponds to the average of the respective month and will be posted in the
Commission’s web site (www.cne.cl), within the first 10 days of each month.
Index_2: Fuel #6 Monthly Parity Price in US$/m3. It will include the effects of the fuel
prices stabilization and protection mechanism established in the current regulations.
Such price corresponds to the average of the respective month and will be posted in the
Commission’s web site (www.cne.cl), within the first 10 days of each month.
Index_3: Central Zone Coal Parity Price determined by the National Energy Commission
considering the relevant markets prices, based on the international Platts International
Coal Report publication (www.platts.com) for FOB prices and Shipping Intelligence
Weekly for maritime freights (www.crsl.com). The relevant markets will be determined
considering the origin that according to the import records have had a gross share higher
than 10% and as they are added to the publications mentioned before. Likewise, the
publications mentioned can be replaced by other publications of similar importance and
quality. Such indicator will be posted in the Commission’s web site (www.cne.cl), within
the first 10 days of each month.
Index_4: Monthly Average of the daily prices of Brent Crude Oil (DTD) based n the
international Argus publication or any other publication of similar importance and
quality. Such indicator will be posted in the Commission’s web site (www.cne.cl), within
the first 10 days of each month.
Index_5: Henry Hub LNG Monthly Average Price based on the values published by the
Natural Gas Intelligence in its NGI's Weekly Gas Price Index, or any other publication that
uses it as a source. Such price will be posted in the Commission’s web site (www.cne.cl),
within the first 10 days of each month.
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Index_6: Consumer Price Index (USA), published by the Bureau of Labour Statistics of
USA, which value is found in web site http://data.bls.gov/cgi-bin/srgate, password
“CUUR0000SA0”, identification “CONSUMER PRICE INDEX-ALL URBAN CONSUMERS (CPI)”,
or any new publication that replaces the abovementioned for the publication of this
index.
⎛
Index _ 1
Index _ 2
Index _ 6 ⎞
⎟
Precioenergía = Preciobase ⋅ ⎜⎜ a1 ⋅
+ a2 ⋅
+ ... + a6 ⋅
Index _ 1o
Index _ 2o
Index _ 6o ⎟⎠
⎝
Where:
Preciobase
Base energy price in the Point of Bid determined from the energy price in
the Bidder’s Economic Bid, in US$/MWh
Index_i
Value of index i used to construct the indexation formula. Variable i adopts
values 1 to N, where N represents the total number of indices chosen in the
Bidder’s Bid. The average of the monthly values of Index_i, will be
considered. This average is published in the Commission’s web site for the
last 6 months counted backwards from the third month before the month
in which the indexation formula is evaluated.
Index_io
Base value of index i used to construct the indexation formula. The
average of the monthly values of Index_i, will be considered. This average
is published in the Commission’s web site for the last 6 months counted
backwards from the third month before the month in which the indexation
formula is evaluated.
ai
Weight factor associated to index i. The sum of all the weight factors ai,
with i from 1 to N, must be equal to 1. The weight factor associated to the
fuel indices (Index_1 to Index _5), shall not be greater than 70%.
B. Power price Indexation Formula
The power price indexation formula must reflect the investment costs variation of the
most economical unit to supply power during the maximum demand hours and is defined
in the following manner:
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Precio potencia
⎛
⎜
⎛ CPI ⎞ ⎜
⎟⎟ ⋅ ⎜
= Preciobase _ potencia ⋅ ⎜⎜
⎝ CPI 0 ⎠ ⎜
⎜
⎝
P
⎞
f PtoCompra
⎟
P
f PtoCompra0 ⎟
⎟
P
f PtoOferta
⎟
P
f PtoOferta 0 ⎟⎠
Where:
Preciobase_potencia
Power base price at the Point of Bid, in US$/kW/month.
CPI:
Consumer Price Index (USA), published by the Bureau of Labour
Statistics of USA, which value is found in web site
http://data.bls.gov/cgi-bin/srgate, password “CUUR0000SA0”,
identification “CONSUMER PRICE INDEX-ALL URBAN CONSUMERS
(CPI)”, or any new publication that replaces the abovementioned
for the publication of this index. The average for the last 6 months
counted backwards from the third month before the month in
which the indexation formula is evaluated will be considered.
CPI0:
Average of the monthly CPI values for the last 6 months counted
backwards from the third month before the date of Submission of
the Bids.
C. Application of the indexation formulas
The first indexation of the energy and power price will be made in accordance to the
decree that will be published for this purpose as established in Article 158º letter b) of
the General Law on Electric Services.
Notwithstanding the former, the energy ad power prices established in the respective
contracts will be adjusted in agreement with Article 161º of the General Law on Electric
Services and according to what is provisioned in the Regulation.
The communication and application of the new prices, if applicable, will be ruled by
what is established in DFL Nº 4/06 and its amendments.
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ANNEX 10. DOCUMENT 2 DESCRIPTION AND IDENTIFICATION OF THE
PROPONENT
Trade Name:
Trademark:
Proponent’s RUT:
Legal Representative(s)*:
Legal Representative(s)’ RUT:
Date of creation or starting of activities:
Company’s main line of business:
Address:
Telephones:
Fax:
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Post Office Box:
Web site:
Contact’s email:
(*) The legal representative(s) must enclose copy of their Rol Unico Tributario (RUT),
with a copy of the legal person RUT. In case of foreign legal persons, enclose the
equivalent tax identification document of the country of origin.
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ANNEX 11. DOCUMENT 6 “BID BANK GUARANTEE”
SWORN STATEMENT
In (city, country), as of (date), (name of the legal representatives), legal
representative(s) of (name of the proponent legal person) herein declare that they
expressly waive to the application of any action or right in order to obstruct any
embargo or precautionary measure related to the Bank Guarantee Nº………………… issued
by Bank…………………….. and submitted under the Supply Tender 2015/01 prepared by the
Distribution Companies CGE Distribución S.A., Chilectra S.A., Chilquinta Energía S.A.,
Compañía Eléctrica Osorno S.A., Compañía Eléctrica del Litoral S.A., Compañía Nacional
de Fuerza Eléctrica S.A., Empresa Eléctrica de Arica S.A., Empresa Eléctrica de Iquique
S.A., Empresa Eléctrica Atacama S.A., Empresa Eléctrica de Antofagasta S.A., Empresa
Eléctrica de Casablanca S.A., Empresa Eléctrica de la Frontera S.A., Empresa Eléctrica
de Puente Alto Ltda., Energía de Casablanca S.A., Luzlinares S.A., Luzparral S.A.,
Sociedad Austral de Electricidad S.A., Compañía Distribuidora de Energía Eléctrica
Codiner Ltda. and the electric cooperatives Cooperativa Eléctrica de Curicó Ltda.,
Cooperativa de Consumo de Energía Eléctrica de Chillán Ltda., Cooperativa Eléctrica Los
Ángeles Ltda., Cooperativa Eléctrica Paillaco Ltda., Cooperativa Rural Eléctrica de
Llanquihue Ltda., Cooperativa Rural Eléctrica de Río Bueno Ltda. and Sociedad
Cooperativa de Consumo de Energía Eléctrica de Charrúa Ltda.
................................................................................
(Name and signature of the legal representative[s])
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ANNEX 12. “DOCUMENT 13 INFORMATION TO BE PROVIDED BY THE PROPONENTS TO
SUPPORT THEIR BID”
Identification of existing and projected sources of generation (name, type and
installed capacity):
Name of the owner partnership and operator of each generation source:
Existing or estimated location:
Estimated date of beginning of operations (*):
Primary fuel and procurement origin:
Existing or estimated point of connection to the System:
Physical characteristics of the connection lines to the system (alignment, km,
nominal voltage):
Own energy production during the last 5 years(**):
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Estimated own energy production for the next 10 years:
Estimated own energy production for hydrological years 1968-1969, 1996-1997,
1998-1999(**):
Power recognized in the current power remuneration (firm power, sufficiency
power) during the last 5 years(**):
Estimated power in the current power remuneration (firm power, sufficiency
power) for the next 10 years:
Power and energy contracted from other generation companies during the last 5
years(**):
Own production/non-regulated and regulated production ratio during the last 5
years(**):
Own production/non-regulated and regulated production ratio for the next 10
years:
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Own production/non-regulated and regulated production ratio for hydrological
years 1968-1969, 1996-1997, 1998-1999(**):
(*)
(**)
Only for projected generation sources
Only for existing generation sources
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ANNEX 13. LIST OF BANKS AND FINANCIAL INSTITUTIONS FOR PERFORMANCE BONDS
All the performance bonds required in this Tender must be issued by some of the
institutions regulated by the Superintendence of Banks and Financial Institutions (SIBF).
The Proponents can verify this condition for its institution in the SBIF Web site:
http://www.sbif.cl/sbifweb/servlet/ConozcaSBIF?indice=7.5.1.1&idContenido=483
All the performance bonds specified in this Annex must be irrevocable, sight payment
and with maturity date of not less than what is established in the respective
specification.
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ANNEX 14. RISK RATING QUALIFICATION TABLE
The Tendering Companies will establish the score, from 1 to 7, to evaluate the risk of
each Proponent. These scores will be widely accepted non-discriminatory and consistent
with international standards.
RISK RATING
AAA
AA+
AA
AAA+
A
ABBB+
BBB
BBBBB+
BB
BBB+
B
B-
SCORE
7
7
7
7
7
7
7
6
6
5
5
4
4
3
3
3
For the risk rating qualification purposes, in case the Proponent is a Consortium, the risk
rating of the company with lowest rating in the Consortium will be considered.
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ANNEX 15. “DOCUMENT 15 SUPPLY ECONOMIC BID”
In (city/country), as of (date), (name of the legal representative(s), legal
representative(s) of (name of the proponent legal person) provide to the Tendering
Companies the following Economic Bid for Supply Block Nº [1, 2-A, 2-B, 2-C or 3],
according to the Tender Terms and Conditions for Supply 2015/01:
Bid Number
Number of
Sub-Blocks in
the Bid
Price of the
Energy Bid
(US$/MWh)
Bid 1
Bid 2
Bid 3
Bid 4
Bid 5
Bid 6
Bid 7
Bid 8
Bid 9
Bid 10
…
IMPORTANT: USE THREE DECIMAL PLACES
The Bidder must submit a price for each one of the Sub-Block combinations that he can
bid. In case the Bidder wishes to bid more than one independent group of Sub-Blocks of
identical size but at different prices, he must state a price for each one of those groups
in separate rows (for that purpose, he must add the rows needed in this Table), which
will be considered as independent bids.
For example, the Bidder that wishes to make a single grouped bid of Sub-Blocks
equivalent to the total of Supply Block Nº 1, that is, 250 Sub-Blocks, he shall complete a
single line including number 250 in the column corresponding to the number of SubBlocks in the bid. In case the Proponent wishes to disaggregate the bid in different
combinations of Sub-Blocks, for example one of 150 and the other one of 100, the bidder
must complete one line indicating the value of 150 in the column corresponding to the
number of Sub-Blocks in the bid and another line with the value of 100 in the same
column, being able to discriminate prices for each one of them. In the same manner, if
the Bidder for example wishes to bid three Sub-Blocks independently and at different
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prices, he must complete three lines with the value of 1 in the column that corresponds
to the number of Sub-Blocks of the bid in each one of them.
As mentioned in Annex 9, the indexation coefficients of the energy price for this bid are
the following:
Coefficients for Bid 1
Coefficients for Bid N
………………
Indexation coefficients
a1
a2
a3
a4
a5
a6
IMPORTANT: USE THREE DECIMAL PLACES
It must be mentioned that according to what is established in Annex 9, the weight factor
associated to the Henry Hub LNG Monthly Average Weight (Index_5), can´t be higher
than 70%.
A bid won’t be considered valid if it doesn´t submit its corresponding indexation
coefficients for the energy price.
................................................................................
(Name and signature of legal representative[s])
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ANNEX 16. "DOCUMENT 16 SUBMISSION OF BIDS WITH RESTRICTION
AND/OR CONDITIONED BIDS”
In (city, country), as of (date) (name of the legal representative(s), legal
representative(s) of (name of the proponent legal person) submit to the Tendering
Companies the following Bids with Restriction and Conditioned Bids in compliance of
what is specified in number 9.2.4.1 of Chapter 2 in the Terms and Conditions for the
Economic Bids submit for Supply Blocks Nº 1, Nº 2-A, Nº 2-B, Nº 2-C and Nº 3 of the
Process of the Tender of Supply 2015/01:
1. Bids with Restriction.
The bids submitted for Supply Blocks Nº 1, Nº 2-A, Nº 2-B or Nº 2-C can add a restriction
in their bid to be awarded jointly with the other bids of the referred group of Supply
Blocks.
Table: Supply Blocks Nº 2 Bid Restrictions
Restriction
Number
Supply Block Nº 2-A
Bid Number
Supply Block Nº 2-B
Bid Number
Supply Block Nº 2-C
Bid Number
Restriction 2.1
Restriction 2.2
Restriction 2.3
…
The Bidder that wishes to submit a restriction for his Economic Bids must indicate in the
former tables the corresponding Bid Numbers contained in "Document 1, Economic Bid"
of the respective Supply Blocks.
Hence, for example, the Bidder that wishes to submit a restriction for his Bid 1 of Supply
Block Nº 2-A, in order to award it only if Bid 2 of Supply Block Nº 2-B and if Bid 1 of the
Supply Block Nº 2-C are awarded, he shall complete in Table “Supply Blocks Nº 2 Bid
Restrictions” with “1” the column “Supply Block Nº 2-A Bid Number”, with “2” the
column “Supply Block Nº 2-B Bid Number” and with “1” the column “Supply Block Nº 2-C
Bid Number”. In case the Bidder wants to submit a restriction for his Bid 2 of Supply
Block Nº 2-A and for his Bid 2 of Supply Block Nº 2-C, he shall complete with “2” the
column “Supply Block Nº 2-A Bid Number” and with “2” the column “Supply Block Nº 2-C
Bid Number”.
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2. Conditioned Bids.
The bids made for Supply Blocks Nº 3 can add a condition in their bid to be awarded only
if the bid submitted for Supply Blocks Nº 1 is not awarded, respectively. b
Table: Bid Conditions for Supply Block Nº 3
Condition Number
Supply Block Nº 1
Bid Number
Supply Block Nº 3
Bid Number
Condition 3.1
Condition 3.2
Condition 3.3
…
The Bidder that wants to submit a condition for his Economic Bids must indicate in the
former tables the corresponding Bid Numbers contained in "Document 1, Economic Bid"
of the respective Supply Blocks.
Hence, for example, the Bidder that wishes to submit a condition for his Bid 1 of Supply
Block Nº 3, in order to award it only if Bid 1 of Supply Block Nº 1, he shall complete in
Table “Bid Conditions for Supply Block Nº 3” with “1” the column “Supply Block Nº 1 Bid
Number”, and with “1” the column “Supply Block Nº 3 Bid Number”.
................................................................................
(Name and signature of the legal representatives)
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ANNEX 17. FORMAT FOR MODIFICATION OF ECONOMIC BID FOR SUPPLY
SWORN STATEMENT
In (city/country), as of (date), (name of legal representative[s]), legal representative(s)
of (name of the Proponent legal person) declare that he(they) know(s) and accept(s) the
mechanism to Modify the Economic Bid for Supply established in the Terms and
Conditions for Supply Tender 2015/01 and identify the Economic Bids corresponding to
Supply Block Nº[1, 2-A, 2-B, 2-C or 3] contained in “Document 15, Economic Bid”,
submitted on date [•] 2016, which prices are modified in accordance to what is
established in point 8.2.1 of Chapter 2 of the abovementioned Tender Terms and
Conditions.
Correlative Bid
Number with the one
declared in
“Document 15,
Economic Bid”
Economic Bid
Modification
Proposal (mark with
an X)
Bid 1
Bid 2
Bid 3
Bid 4
Bid 5
Bid 6
…
Mark with an “X” in the “Economic Bid Modification Proposal” column and in the row of
the Correlative Bid Number with the one of the corresponding bid submitted in “Document
15, Economic Bid”, that is desired to be modified. The indexation coefficients of the
modified bids shall correspond to the ones declared in “Document 15, Economic Bid”.
................................................................................
(Name and signature of legal representative[s])
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ANNEX 18. FORMAT FOR THE DECLARATION OF THE DETERMINATION TO FOLLOW THE
OPTION ESTABLISHED IN THE “MECHANISM TO POSTPONE THE BEGINNING OF THE
SUPPLY OR TO SUBSCRIBE AN ANTICIPATED TERMINATION OF THE CONTRACT”
SWORN STATEMENT
In (city/country), as of (date), (name of legal representative[s]), legal
representative(s) of (name of the Proponent legal person) expressly declare their
determination to follow the option established by the “Mechanism to Postpone the
Beginning of Supply or Anticipated Termination of the Contract” regulated under Article
135º ter of the LGSE and in these Terms and Conditions.
Likewise, he(they) declare that, if awarded, he(they) commit(s) to issue the guarantees
(promissory notes established in number 11.1 of Chapter 2 in these Terms and
Conditions) at the moment of the request to execute the abovementioned mechanism.
................................................................................
(Name and signature of legal representative[s])
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ANNEX 19. ENERGY AND POWER SUPPLY CONTRACT MODEL FOR THE PUBLIC
DISTRIBUTION SERVICE
BETWEEN
[Distribution Company]
AND
[Company]
In Santiago de Chile, as of [•] <day> of [•] <month> of year [•], before me, [•] <name of
Notary Public>, appear, mister [•], <full name, nationality, identity card, marital status
and profession>, representing, as will be certified, [Distribution Company Name], RUT
number [•], concessionaire of the electric distribution public service, hereinafter
interchangeably “[•]” or “Distributor”, both with domicile in [•] <domicile>; and
mister(Messrs) [•] <names>, representing, as will be certified, [•] the Supplier, company
with main line of business of electricity generation, hereinafter interchangeably “[•]”,
the “Supplier” or “Provider”, all with domicile in [•]; all of legal age, who certify their
identities with the abovementioned identity cards and set forth:
FIRST: BACKGROUND.
On date [•], the Distributor called for a national and international public tender for the
supply of electric power and energy to supply the consumption of price-regulated clients
in their respective concession zones, in compliance of what is provisioned in Articles 131º
and following of the on Electric Services, DFL Nº 4 of 2006 of the Ministry of Economy,
Development and Reconstruction and remaining norms applicable to that Law, and in
compliance of what is established under the Terms and Conditions of the “National and
International Public Tender for the Supply of Electric Power and Energy to Supply the
Consumption of Price-regulated Clients, Supply Tender 2015/01”, hereinafter the
“Tender”.
In virtue of the Tender, the Supplier was the Successful Bidder, and in accordance to
what is provisioned on the Terms and Conditions, as defined hereinafter, the parties
committed to subscribe this Contract within the time period established in the Terms
and Conditions.
SECOND: DEFINITIONS.
For the purposes of this contract and its annexes, and without detriment to the
definitions considered in other clauses of this contract, and unless the context clearly
indicates any other meaning, the terms with their first letter in Capital letter, except
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when they start a sentence or belong to a proper noun, will have the meaning assigned
to them in this clause. The definitions in singular shall correspond to their plural and vice
versa.
Bid
:
Bid submitted by the Proponents and made up by the
Administrative Bid and the Economic Bid or Bids.
Business days
:
Every day, except for Saturdays, Sundays and holidays.
Calendar days
:
It is the continuous chronological sequence of 24-hour days,
which start counting at midnight.
Call for Tender
:
This is date of start of the Tender as established in the
Tender Schedule.
CDEC
:
Load Economic Dispatch Centre.
Commission
:
National Energy Commission, decentralized public agency
created by Law Decree N° 2,224 dated May 25th, 1978 and its
amendments.
D.S. 4/08 or
Tender Regulation
:
Regulation on energy supply tenders to satisfy the
consumption of regulated clients from the electric energy
distribution utility concessionaire companies, published in
the official Gazette on April 28th 2008, amended through
Supreme Decree N° 252/09, published in the Official
Gazette on February 6th 2010 and through Supreme Decree
N° 126/13, of the Ministry of Energy, published in the Official
Gazette on August 21st, 2014 and its future amendments.
D.S. N° 10T/14
:
Node Prices Decree in force for this Tender in compliance of
what is established in the LGSE, namely, Supreme Decree
N° 10T of 2014 of the Ministry of Energy, published in the
Official Gazette on February 13th, 2015 amended by Supreme
Decree N°10T of 2015, of the Ministry of Energy, published in
the Official Gazette on February 25th, 2015.
D.S. 86 or Node Prices
Regulation
:
Regulation for Node Price Fixation, Supreme Decree Nº 86 of
2012 from the Ministry of Energy published in the Official
Gazette on April 23rd 2013 and its future amendments.
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Days or days
:
If the contrary is not indicated, the word “days” shall mean
the same as calendar days.
DFL N° 4/06 or LGSE
:
Executive Order Decree N°4 of 2006 of the Ministry of
Economy, Development and Reconstruction and its
subsequent amendments, the General Electric Services Act.
Economic Bid
:
Is the economic bid or bids submitted by the Bidders
according to what is provisioned in the Terms and Conditions.
Mechanism to Postpone
the Beginning of Supply
or Anticipated Termination
of the Contract:
Applies to all the Bidders that have applied with new projects
and that have expressly declared that they will use this
mechanism. In consists on establishing in the Supply Contract
clauses that allow them to request, on a well-founded basis,
the postponement of the period of beginning of the supply or
to subscribe the anticipated termination of the contract if –
due to causes that can’t be blamed on the Supplier – his
generation project is delayed or if it becomes unviable. The
conditions and effects of these clauses are regulated in Article
135º ter of the LGSE and in number 11.1 of Chapter 2 of the
Terms and Conditions.
Ministry
:
Ministry of Energy.
Points of Supply
or Purchase
:
Trunk transmission system busbars or nodes, in which the
Distributor will buy the contracted energy and power
destined too supply the consumption of its end clients
subject to price regulation in his concession zones.
According to what is provisioned in the Tenders Regulation,
for billing purposes the Purchase Points shall correspond to all
busbars and nodes contained in the short-term node price
decree that is in force at the moment of billing, from which
the Distributor is fed and that result from the application of
what is provisioned in the current decree that establishes the
sub-transmission tariffs and their indexation formulas.
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Resolution N° 215
:
CNE Exempt Resolution N° 215, dated on April 24th, 2015
published in the Official Gazette on April 30th 2015 that
establishes the terms, requirements and conditions for the
energy supply tenders to satisfy the consumption of clients
subject to price regulation, amended by CNE Exempt
Resolution N° 265 of May 19th 2015.
Superintendence
:
Superintendence of Electricity and Fuels.
Supply
:
This is the electric power and energy utility supply for the
Supply Block included in this Contract.
Supply Block
:
The Supply Block is the maximum Supply commitment
according to what is established in Annex Nº 2, that the
Supplier must sell and the Distributor by, for the total
duration of the Supply Period to supply the withdrawals made
by the Distributor [during the hourly period between [●]
hours].
Supply Contract
or Contract
:
This Contract.
Supply Period
:
It corresponds to the time interval for the supply of the
contracted energy and power Supply Block [N° X] that has a
starting date in January 1st of year [●] and ending date on
December 31st of year [●].
Tender
:
It refers to the National and International Public Tender to
award Supply Contracts corresponding to Bid 2015/01.
Tender Schedule
:
It is the activities’ schedule and deadlines included in the
Terms and Conditions.
Terms and Conditions :
Terms and Conditions that regulate the National and
International Public Tender to Supply Electric Power and
Energy to Supply Clients Subject to Price Regulation
corresponding to the 2015/01 Supply Tender that include the
call for tender, Bid evaluation and the corresponding Annexes
prepared and approved by the Commission through exempt
resolution [●]; the consultation, clarifications, requests and
answers considered in the Tender, the award and procedure
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to subscribe the Supply Contract(s). The Basses will be
understood as an integral part of this Contract for all legal
purposes.
UF
:
Development Unit.
US$ or Dollars
:
United States Dollars.
Year or Calendar Year :
Twelve-month period starting on January 1st at 00:00 hours,
and ending on December 31st at 24:00 hours.
THIRD: PURPOSE.
The Supplier commits to sell to the Distributor, who commits to buy and receive, the
Supply from the date of beginning and during the entire Supply Period in the amount,
terms and conditions stipulated in this Supply Contract and in compliance of the current
electric regulations. I turn, the Distributor commits to pay the Supplier the price
established in Clause Fourth below in the terms and time periods established in this
Supply Contract.
The Supplier declares he knows, accepts and complies with the obligation established in
the LGSE regarding the electric energy generation with non-conventional renewable
energies.
For all purposes, in case there is a current electric curtailment decree issued by the
relevant authority, the former obligations will be regulated by legal and regulatory
norms and the norms that arise from such decree.
FOURTH: PRICES.
In agreement with the Economic Bid(s) submitted by the Supplier, the Distributor will
pay him the following prices for the committed supply:
a) Active Energy Price:
The active energy prices at the Point of Bid will be:
Polpaico 220 kV: [•] US$/MWh.
For billing purposes, the Points of Purchase will correspond to all the busbars or nodes
contained in the short-term node price decree that is in force at the moment of billing
and from which the Distributor is supplied and that result from the application of what is
provisioned in the current decree that establishes the sub-transmission tariffs.
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The prices associated to each one of these Points of Purchase shall correspond to the
duly indexed Point of Bid price, multiplied by the ratio between the energy modulation
factors of the Point of Purchase and the Point of Bid established in the short-term node
price decree that is in force at the moment of billing.
Annex 4 of this Supply Contract contains, as a reference, the energy and power Points of
Purchase associated to the decree that establishes the sub-transmission tariffs and their
indexation formulas that are n force at the moment of the Call for Tender.
b) Power in Peak Hours: The power price during peak hours at the Point of Bid
corresponds to the price fixed for that point in D.S. N° 10T/14, that is:
8.3593 US$/kW/month.
The power price in peak hours in the respective Purchase Points will be equal to the
power price at the Point of Bid, duly indexed, multiplied by the ratio between the
Point of Purchase and the Point of Bid power modulation factors, as established in the
short-term node price decree that is in force at the date of billing- The resulting power
price for the Purchase Points must be expressed in United States Dollars (US$) per
kW/month, namely, US$/kW/month and with four (4) decimal places.
The conditions to apply the price in this billing will correspond to the ones fixed in the
short-term node price decree that is in force for each billing month.
c) Reactive Energy: The charges and conditions applicable for the consumption of
reactive energy by the Distributor shall be the ones established in the short-term node
price decree that is in force at the date of billing.
d) Charges for using the transmission systems: In agreement with what is established in
the LGSE and the Tender Regulations in terms of payments for the use of the trunk
transmission system, the invoices issued by the Supplier must include the detail of the
charges for the use of sub-transmission systems, additional charges and any other charge
for transmission services.
FIFTH: ENERGY PRICE REVISION.
The energy price can be revised only in the cases in which, due to causes not to be
blamed on the Supplier, the capital or operating costs for the contract execution have
varied in such a magnitude that they take to an excessive economic unbalance in the
contract’s mutual services, comparing the conditions existing at the moment of the bid’s
submission, due to substantial and non-transient changes in the sectorial or taxation
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regulations and that have a direct and demonstrable effect of producing a variation of
more than 10% in the capital or operating costs for the contract’s execution.
The right to revise the prices can be invoked by both parties of the contract, according
to the procedure established in Article 134º of the LGSE.
SIXTH: INDEXATION.
The prices of active energy and power during peak hours in the Point of Bid will be
adjusted during the Supply Period according to the indexation formulas established in
Annex 1 of this contract and in compliance of what is provisioned in Article 161º of the
LGSE.
SEVENTH: AMOUNTS.
The Supplier commits to supply to the Distributor – who commits to receive during the
entire Supply Period – up to the annual energy supply indicated in Annex 2 and its
associated power.
In addition, if the Distributor has available or forecasts contracted supply surpluses, he
will be able to agree with other concessionaires that belong to the same electric system,
the transfer of those amounts, according to what is established in Article 135º quater of
the LGSE and what is provisioned in the Tender Regulations.
Likewise, in case the Distributor forecasts a supply deficit, he shall subscribe agreements
with other distributors that have supply surpluses.
EIGHTH: ACTUALLY DEMANDED AMOUNTS AND THEIR BILLING.
a) Active Energy:
The total energy that the Supplier will invoice monthly to the Distributor for purchases
for price regulated clients at the Points of Purchase will be equal to the values that, in
virtue of this contract, are effectively demanded by the latter one during the month of
billing.
Notwithstanding the former, if in a specific year the demanded energy is more than the
total energy that the Distributor has contracted, the Supplier will invoice the Distributor
up to the entre Supply Block contracted for such period. In case the demanded energy is
less than the sum of the Supply Blocks that the Distributor has contracted, the actually
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consumed demand shall be billed in a non-discriminatory manner and prorating the
entire contracted annual supplies of each Supplier for the corresponding year.
For such purpose, in each billing period the monthly energy to be billed by all the
supplier companies of the corresponding Tendering Company will be equal to the total
amount of energy that has been effectively consumed by its price-regulated clients in
the respective month. In case the effectively consumed energy is less than the total
contracted supply, the actually consumed demand shall be invoiced for each Point of
Purchase in a non-discriminatory manner and prorating all the annual contracted
supplies of each supplier for the corresponding year.
[Notwithstanding the former, for the billing of Supply Blocks Nº 2, three prorating
actions will be determined through the daily consumption:
i)
ii)
iii)
For energy demanded between 00:00 and 07:59 hours and between 23:00 and
23:59 hours, where Supply Block Nº 2-A participates in the prorating
determination;
For energy demanded between 08:00 and 17:59 hours, where Supply Block Nº 2B participates in the prorating determination;
For energy demanded between 18:00 and 22:59 hours, where Supply Block Nº 2C participates in the prorating determination;
Only for the purpose of determining the prorating that can be assigned to the referred
Blocks, it will be necessary to define a daily equivalent contracting amount for them, for
which purpose the annual contracted amounts in Supply Blocks Nº 2-A, Nº 2-B and Nº 2-C
will be amplified by a factor according to the following:
§ Factor for Supply Block Nº 2-A Contracts: 3.2353
§ Factor for Supply Block Nº 2-B Contracts: 2.2000
§ Factor for Supply Block Nº 2-C Contracts: 4.2308]
In greater detail, to ensure that the amount of energy acquired by the Distributor under
this Tender at the end of the Calendar Year is not above the amount of the Supply Block
in its base and variable components, the amount of consumption accumulated in the
relevant year will be recorded according to what is established in the Tenders
Regulation. Such record will determine the maximum energy that the Supplier(s) will be
obliged to supply until the closing of each Calendar Year, according to the corresponding
prorating.
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b) Power in Peak Hours: The Distributors shall apply for his power purchases the
maximum demand regime read in peak hours, in agreement with what is established on
the short-term node price decree that is in force at the moment of each billing period.
The methodology to determine the power to be billed is the following: in each month
that contains peak hours, the demands of the Points of Purchase will be integrated in
those peak hours previously discounting the consumptions associated to non-regulated
clients and adding the local generation injected to the Concessionaire’s distribution
systems. From this integration, a maximum integrated demand will be obtained for each
month where this procedure is followed. Fifteen records will be used as the integration
period. The power to be billed will be the average of the two highest demands obtained
in the last twelve months, including the month in which the invoice is issued.
The peak hours of the respective system will be the period defined by the short-term
node price decree that is in force on the corresponding billing period.
Only the suppliers that contracted Blocks supply energy during the peak hours of the
respective system will be able to invoice power in peak hours. The quotient between the
billed energy according to the former letter and the total energy billed in such Point for
the Supply Blocks that are supplied during the peak hour. The Supplier shall invoice the
Distributor in each Point of Purchase the power resulting from the multiplication the
total power to be billed according to the maximum demand regime read in such point,
by the quotient defined before. [Only to determine the quotient mentioned above, it
will be necessary to determine for Supply Blocks Nº 2-A, Nº 2-B and Nº 2-C a daily
equivalent billing amount for which the monthly amounts of energy invoiced from the
indicated Supply Blocks will be amplified by the corresponding factors mentioned in
letter a) above in this clause.]
c) Reactive Energy: The total reactive energy for the Points of Purchase included in
Annex 4 in this Contract will be billed to the Distributor for the purchase of priceregulated consumptions and will be equal to the amounts that are actually demanded in
the respective billing period. In case there is more than one Supplier, it will be assigned
in a non-discriminatory manner, prorating the billed active energy.
NINTH: INVOICE ISSUING AND PAYMENT.
The Distributor shall provide the Supplier with the information required for his issuing of
the corresponding invoice within the first 5 business days of each month. With that, the
Supplier will have to deliver the bill corresponding to the active and reactive power and
energy of the former month within the first 8 business days of each month between 9:00
and 17:30 hours at the Distributor’s office that he has previously indicated. In order to
calculate the amount of the corresponding bill, the exchange rate considered in the
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determination of the short-term node prices that are in force at the moment of each
billing period will be used.
Each invoice or bill will be paid by the Distributor in Chilean pesos in cash, current
account check of a local bank or a local Promissory Note, at the Distributor’s option, or
any other means agreed by the parties, on the 25th day of each month before 13:00
hours. If the delivery by the Supplier is made after the eighth business day of the month
due to his own cause, the Distributor can defer the payment for the same amount of
days as the delay, without being subject to any surcharge in the price due to
adjustments, interests or any other reason because of the deferral of such payment. If
the last day of the period is Saturday, Sunday or holiday, the deadline will be extended
until 12:00 hours on the next business day. On the other hand, a delay in the delivery of
billing information by the Distribution Company will give the same number of days of
delay to the Supplier to issue the corresponding invoice, and such delay can´t be blamed
on the Supplier. In case the Distributor rejects any of the amounts included in the
invoice of that month, anyhow he will be obliged to pay the undisputed amounts and
shall reject the invoice issued. At that moment the Supplier shall issue a new invoice
with the undisputed amounts.
The billing period will be the time between 000:00 hours of the first day of the calendar
month until 24:00 hours of the last day of the calendar month.
In case there is a change in the sales prices established in clause sixth above due to the
application of the indexation procedures established in virtue of the application of
Article 161º of the LGSE, in an intermediate period between two monthly readings, the
billing for that month will be made proportionally with respect to the number of days
during which each tariff is in force.
The failure to pay or simple delay in the payment of an invoice will be subject to a daily
surcharge equivalent to the conventional maximum interest for non-adjustable
operations in local currency, of less than 90 days, calculated as a simple interest,
depending on the amount of the debt and the value informed by the Superintendence of
Banks and Financial Institutions or the public agency that replaces de Superintendence.
In case there is no previous fixation mechanism, the parties shall agree on the interest
rate and its application considered as equivalent.
TENTH: MEASUREMENT.
The Distributor will buy the electric energy and power from the Supplier at the Points of
Purchase. Notwithstanding the former, measurements at the measurement points must
allow distinguishing the consumptions included in this Contract. Likewise, the
corresponding billing at the Points of Purchase must be consistent with the transmission
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regulated end clients. Consequently, the factors that allow correlating these
measurements to the Points of Purchase will be applied, always maintaining the
consistency mentioned above.
To make reference to the consumptions, the loss expansion factors determined by the
Ministry in the corresponding sub-transmission systems’ tariff fixation decrees and the
injection adjustment factors determined by the respective CDEC will be used. In
addition, with the purpose to assign the energy and power to the corresponding trunk
busbars, consideration must be give to the trunk level reference methodology
established in the decree that fixes the sub-transmission systems tariffs that is in force
at the moment of billing. If the Ministry doesn´t fix such factors, or the alternative
equivalent factors, they will be determined through an energy and power balance study
agreed by the parties. The same loss factors of the active energy shall apply for the
reactive energy.
In relation to the reference to the trunk busbars mentioned in the previous paragraph,
and to what is provisioned in the Tenders Regulation, for billing purposes, the Point of
Purchase will correspond to all the busbars or nodes contained in the short-term node
price decree that is in force at the moment of billing, from which the Distributor is
supplied and that result from the application of what is provisioned in the current decree
that fixes the sub-transmission tariffs.
The measurement will be made at the points of busbars of entry into the distribution
system of the Distributor. The consumptions that are not price-regulated and any third
party consumption will be deducted from this measurement, which will be measured in
their respective connection points and will make reference to the entry points or busbars
into the distribution system through the corresponding distribution losses expansion
factors.
The deduction or integration of the abovementioned measurements will be made
according to what is indicated in the short-term node price decree that is in force in
each billing period.
The measurement points for the consumptions under this contract are included in Annex
3. The parties will add, delete or modify the measurement points that are required to
preserve the appropriate measurement of the contracted supply.
The Supplier will have the right to attend to the meter readings associated to this
Contract or obtaining them through remote reading systems if they are available.
Likewise, the Supplier will also have the right to be present during the verification and
calibration processes for those measurement systems. For this purpose, the Distributor
will provide the required information facilities to fulfil those processes.
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Also, the Distributor has the right to attend to the meter readings associated to the
supply under this Contract. For this, the Supplier will provide the facilities and
information to carry out this process.
ELEVENTH: TRANSPORTATION CAPACITY.
The Supplier will be responsible for the timely agreement with third parties, if
applicable according to the current regulations, on the use of transportation and
transformation facilities that appropriate to provide this Supply to the Distributor under
the terms and time periods indicated in this Contract
In order to plan the expansion of those systems, The Distributor must inform the Supplier
at the latest on the 30th of April every Year about the increase in power demand by Point
of Purchase required for the following years. The information about the demand growth
forecasts by Point of Purchase will be made on a monthly basis for the first Year and on
an annual basis for the following 4 years.
In relation to what is established in Article 126º of the LGSE, the parties agree that the
Distributor won’t be subject to the payment of any type of reimbursable contributions.
TWELFTH: QUALITY AD SECURITY.
During the period of the Supply, the Supplier will not be able to provide Supply in the
respective Points of Purchase with a security and quality that is lower than the one that
has been determined as a minimum in the National Energy Commission´s Security and
Service Quality Standard, Exempt Resolution Nº 321, dated July 21st 2014 and successive
amendments and in the technical, legal and/or regulatory provisions that are in force on
the date of the relevant supply, or that exceeds the tolerance ranges established
therein. In case no legal or regulatory provisions from the relevant authority are
available, the security and quality can´t be lower than the one provided by the rest of
suppliers that make up the respective CDEC.
The Supplier declares his knowledge and full and thorough acceptance of the current
Chilean legislation under which it will be ruled in terms of its obligations and rights as an
electric energy generation company, and of its relation with the regulatory and
enforcement authority, the system’s operation coordinating agency (CDEC), and the
current Chilean sanctions and fines regime.
THIRTEENTH: ACT OF GOD AND FORCE MAJEURE.
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The obligations arising for the Parties in virtue of this Supply Contract will be required
from them at all moments during the duration of the Contract, unless they are affected
by an Act of God or Force Majeure according to what is established in this clause.
Notwithstanding what is established in Article 163º of the LGSE, Act of God and Force
Majeure are defined according to Article 45 of the Civil Code.
In case the consequences of the Act of God or Force Majeure event take longer than 12
months, this sole fact can be invoked as a cause to have an anticipated termination of
the Contract at the request of any of the parties, in agreement with what is established
in paragraph first of clause fifteenth: Anticipated Termination of the Contract.
FOURTEENTH: VALIDITY OF CONTRACT.
This Contract will be valid from the date of its execution until the expiration of the
Supply Period, that is, until December 31st of year [●].
FIFTEENTH: ANTICIPATED TERMINATION OF THE CONTRACT.
Notwithstanding what is established in clause thirteenth, the diligent Party can
unilaterally declare the anticipated termination of the Contract through a written
notification about the termination to the other party when the latter one incurs in any of
the causes of non-performance stipulated in this clause, without detriment to the causes
for termination considered by Law, with the previous approval from the Commission and
without any right to any indemnification for the non-performing party that is causing the
Contract’s anticipated termination:
a) Anticipated Termination of the Contract by the Distributor:
The Distributor can subscribe the anticipated termination of the Contract if the
Supplier incurs in any of the causes specified below:
I.
Any serious non-performance of the obligations under this Contract by the Supplier
that is not solved within ninety (90) days after the date in which the Supplier has
received a written notification about the non-performance from the Distributor.
II.
The non-compliance of the obligations arising from his performance as member of
the energy and power injections and withdrawals balance coordinated by the CDEC
during two monthly periods associated to such balance or the loss of right to
participate in it.
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III.
If during the validity of the Contract the Supplier obtains a Risk Rating of less than
BB+ granted by any of the risk rating companies mentioned in Annex 3 of these
Terms and Conditions and doesn´t improve or solve the situation within twelve
months after the date of the report that establishes its risk rating of less than BB+.
For this purpose, the Supplier must annually provide to the Distributor an updated
report of his risk rating and in any opportunity in which the Distributor requests
that report.
IV.
Issuing of the Supplier’s insolvency resolution. In this event, it will be enough to
have the issuing of the resolution that declares the insolvency from the relevant
court to allow the Distributor to request to the Commission the authorization for
the anticipated termination of the Contract within full rights, namely, without a
previous judicial statement.
V.
Notwithstanding the former, in case of serious and repeated non-performances by
the Supplier to be blamed on the Supplier and duly defined under the Contract’s
obligations, and that are nor remedied within thirty (30) days after the date in
which the Supplier has received a written notice of non-performance by the
Distributor, the Distributor will be able to immediately terminate the Contract with
the previous authorization by the Commission, according to what is indicated in the
first paragraph of this clause.
b) Anticipated Termination of the Contract by the Supplier:
On the contrary, the Supplier can subscribe the anticipated termination of the
Contract if the Distributor incurs in any of the causes specified below:
I.
The Distributor’s dissolution according to the Chilean law, except if it happens to
merge or reorganize the company with another electric energy distribution
company and not materially affecting the capacity of the resulting organization to
comply with its obligations according to the Contract.
II.
The expiration, revocation, cancellation or loss, for any reason of the concession
of electric energy distribution service of the Distributor that affects the supply
zone of the respective Contract.
III.
Issuing of the Distributor’s insolvency resolution without assigning a trustee in
bankruptcy, according to what is established in Article 146º ter of the LGSE. In this
event, the issuing of the resolution that declares the insolvency from the relevant
court will allow the Supplier to request to the Commission the authorization for the
anticipated termination of the Contract within full rights, namely, without a
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previous judicial statement. This is valid in case the appointment of a receiver is
not applicable.
According to what is indicated in letter k) of number 3.9, Chapter 1 of the Tender Terms
and Conditions, the parties can agree on the obligation to continue the supply of energy
and power under the same conditions as stipulated in the Contract – except in the case
of the issuing of the insolvency resolution under what is provisioned in the LGSE -,
obligation that can´t exist for more than twelve months after the Notification of
Anticipated Termination of the Contract. On the other hand, the Distributor must pay
the price established in the Contract for the above-mentioned Supply during that entire
period.
[TEENTH [•]: MECHANISM TO POSTPONE THE BEGINNING OF THE SUPPLY OR TO
SUBSCRIBE AN ANTICIPATED TERMINATION OF THE CONTRACT.
The Supplier submitted his Bid associated to the Project [DESCRIPTION, specially
indicating the Project’s milestones, that at least must be same ones of the Bid],
hereinafter the “Project”.
In case the Project is delayed or becomes unviable, in agreement with the terms
indicated below and in the case the Supplier has complied with the conditions
established in number 11.1 of the Bid Terms and Conditions, the Supplier can ask to
postpone, on a well-founded basis, the beginning of the Supply up to 2 years or to
subscribe the anticipated termination of this Contract.
For this purpose, the Supplier, within a maximum period of 3 years after the execution
of this Supply Contract, will be able to request on a well-founded basis to the Distributor
– with copy sent to the Commission – the postponement of the beginning of the Supply or
the anticipated termination of the Contract. Such request must be well-founded and
must include a description of the compliance status of the relevant milestones of the
Project in agreement with the Gantt Chart included in his Bid, together with the reasons
of the non-performance, which can´t be blamed on the Supplier.
Once the copy of the request is received, the Commission shall summon the Supplier and
Distributor to the public draw of the independent consultant referred to in Article 135º
ter of the LGSE, to prepare the report referred to in the same Article according to the
time and conditions established in the Tender Regulations.
If the request is the postponement of the beginning of the Supply, he shall indicate the
month and year required as new date of beginning of the Supply, which can´t be later
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than 2 years from the date of beginning of the Supply Period, namely, until [month ●
year ●]
The information requested will be submitted in a sworn statement, subscribed by the
general manager and directors of the Supplier, if applicable, in order to certify the
accuracy of the information contained in that statement.
In addition and after the submission of the request, either for the postponement of the
beginning of the Supply or anticipated termination of the Contract, the Supplier must
submit the independent consultant’s report, chosen by a draw process according to what
is established in Article 135º ter of the LGSE, contracted and charged to the Supplier,
certifying that the Supplier has made all the efforts and adopted all the precautions to
comply with the schedule committed in his Gantt Chart on a timely and correct,
according to the regular industry standards, demonstrating that the causes that originate
the delay in the commissioning of the Projects can’ be blamed on the Supplier.
The acceptance or rejection of the request will depend on the commission, which will
make its decision after knowing the independent consultant’s report, within 30 days
after the report is issued, with an explanation about that decision.
Together with the request for postponement of the beginning of the Supply, the Supplier
must submit a sight promissory note for an amount of 10 UF for each MWh that the
Proponent is awarded for the last year of duration of the respective Supply Block, for
each month of postponement requested, which can´t be for more than 2 years on
behalf of the Distributor, in order to ensure the payment of the postponement
requested. Likewise, together with request of anticipated termination of the contract,
the Supplier must submit a sight promissory note for an amount of 360 UF for each
GWh that the Supplier is awarded for the last year of duration of the respective Supply
Block, under the same terms required for the beginning of the supply.
If applicable, together with the request rejection, the Distributor must return the
enclosed sight promissory note. In case the request is approved, the Distributor and the
Supplier must make the relevant adjustments in the contract in a period not later than
30 days after the approval’s communication, and shall make the corresponding
substitution of the immediate execution insurance or supply faithful performance bank
guarantee established in number three of clause tenth [•] in order to adjust their
validity according to what is indicated in such clause.
in accordance to what is established in the Tenders Regulations. The Distributor must
collect and receive the amount mentioned in the sight promissory note within the
following month after the respective contract that postpones the date of beginning of
Supply or anticipated termination of the Contract is modified. Such amount must be
informed to the Commission to be reimbursed to the price-regulated clients through the
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price fixation referred to in Article 158º of the LGSE, according to the conditions
established by the Regulation.
For the purposes of this clause, among the hypotheses that could constitute a fact
that can´t be blamed on the Supplier, are those cases when there is a delay in the
commissioning of the trunk transmission works that have been awarded as of the date
of submission of the bid that originated the current Contract, in compliance of the
procedure established in Articles 96º and 97º of the Law, and only provided the new
]
generation project is ruled under the same law.
TEENTH [•]: GUARANTEES
ONE. CIVIL LIABILITY INSURANCE AGAINST THIRD PARTY CLAIMS
The Supplier will be the sole responsible party for any damage of any nature caused to
third parties, to the facilities’ personnel, to third party property or to the environment
both during the new facilities construction period and their operation as well as during
the existing facilities’ operational period. For this purpose, the Supplier must contract a
civil liability insurance policy against third party claims for an amount of at least US$
3.000.000 within a period of 60 days after the date of the contract execution.
The Supplier must be the contracting party and the beneficiary of the policies mentioned
in this number. Likewise, the insured parties in these policies must correspond to the
owners of the generation sources that are the supporting elements for these bids.
TWO. CATASTROPHE INSURANCES
Within a period of 60 days after the date of contract execution, the Supplier must
contract and submit one or more catastrophe insurance policies or the coverage
certificates issued by the insurance company to cover the catastrophe risks both during
the new facilities construction period and their operation as well as during the existing
facilities’ operational period. The catastrophic risks must include, among others, the
risks caused by public disturbances and intentional damage. The sums obtained through
the catastrophe insurances will be exclusively destined to the reconstruction or repair of
damaged facilities.
The Supplier must be the contracting party and the beneficiary of the policies mentioned
in this number. Likewise, the insured parties in these policies must correspond to the
owners of the generation sources that are the supporting elements for these bids.
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The Supplier must irrefutably demonstrate to the Distributor the cash payment of the
corresponding premiums.
The catastrophe insurance policies can’t be included in or can´t include civil liability
policies.
The Respective Supplier will be responsible for the processing of the payment for
damages or claims by insurance companies.
The amount of coverage of these policies shall be at least US$ 3.000.000 and the
conditions to make them effective must agree with the common use for this type of
facilities.
Any settlement from the Insurance Companies for this policy must be informed to the
Superintendence and the Commission.
Notwithstanding what is required for the insurances described in points ONE and TWO
above this requirement will be considered complied with through the submission of
already existing and current insurances with the corresponding coverage policies or
certificates issued by the insurance company.
THREE. IMMEDIATE EXECUTION INSURANCE OR SUPPLY FAITHFUL PERFORMANCE
BANK GUARANTEE
Within a period of 60 days after the date of contract execution, the Supplier shall
contract and submit an immediate execution insurance policy for the supply faithful
performance. In case the Supplier does not comply with the committed supply at the
date of beginning of the supply and during the following 12 months, such policy will be
executed. For this purpose, it will be understood that the Supplier complies with the
supply of one month if he makes the payments he has to make for being participant in
the energy and power injections and withdrawals coordinated by CDEC in the
corresponding month and associated to the obligations of supplying energy and power
under the respective contract. The Supplier must maintain this policy in force for at
least 15 months after the Date of Beginning of the Supply. Likewise, it must clearly
demonstrate to the Tendering Companies that it has paid the corresponding premiums
during the time period of the contracted insurance. The Supplier must be the
contracting party for this insurance and, on the other hand, the Distributor must be the
insurance’s insured and beneficiary party.
Alternatively, and if the Supplier chooses to do so, instead of the insurance mentioned
above, the Supplier can submit, in the same period of time, a Supply faithful
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performance bank guarantee in order to assure the delivery of the committed Supply at
the Date of Beginning of the Supply and during the following 12 months. For such
purpose, the Proponent must submit one or more bank guarantees on behalf of the
Distributor.
The Supply Faithful Performance Bank Guarantees must fulfil the following
requirements:
e) The comments in the bills will read: “To guarantee the performance of the obligation
of the awarded supply according to the terms and conditions established in the
abovementioned Tender Terms and Conditions in the National and International
Public Tender for the Supply of Electric Power and Energy for Price-Regulated
Consumptions, Supply Tender 2015/01”;
f) They must be irrevocable, paid at sight and at the first requirement made;
g) They must be issued in Santiago de Chile through a Bank with a branch in Chile;
h) They must have a duration of at least 15 months from the Date of Beginning of the
Supply for the Supply Block that as been awarded.
The amount of coverage in the immediate execution insurance or in the Supply
Faithful Performance bank guarantee shall be 100 UF for each GWh that is contracted
by the Proponent for the last year of duration of the respective Supply Block. If the
Proponent submits more than one insurance or bank guarantee, the sum of all of them
must be equal to the amount mentioned above.
The amounts paid after the execution of the insurances or bank guarantees are not
subject to penal clauses. Therefore, their payment doesn´t impede the Tendering
Companies to legally claim the compensation for damages that are not covered by
those amounts and that result from the execution of these insurances or bank
guarantees.
Together with the Supply Faithful Performance bank guarantee, each Supplier shall
submit a statement signed by the Proponent’s representative before Notary Public
expressly waiving to any action or right that might put obstacles to any embargo
and/or precautionary measures to those bank guarantees.
In case there is a non-performance of the Supply by the Supplier, the Distributor shall
execute those bank guarantees. The amount collected will solely and directly benefit
the price-regulated clients. For such purpose, the Distributor must inform the
Commission to consider that amount as a collection surplus in order to determine the
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new settlement of the collection surplus or deficits of the distribution concessionaires
made in the Average Node Pricing Technical Report considering the price fixations
specified in Article 171º of the LGSE.
TEENTH [•]: INADMISSIBILITY OF ADVANCE PAYMENTS.
The Supplier will have no right to advance payments of any type, or to payments that
exceed the ones that correspond to the energy and power supplied in agreement with
what is established in this Contract.
TEENTH [•]: CONTRACT TRANSFER.
The Distributor can transfer this Contract, with the previous authorization from the
Commission, to a home company, branch, joint company or related company to continue
the line of business of the company. To achieve the former, the successor company must
be responsible for accepting all and each one of the obligations and rights of this
Contract, and comply with all the requirements to be a distribution public utility
concessionaire.
Likewise, the Supplier can transfer or assign all or part of the Contract to a main, branch
or joint generation company or to a third party partnership under the condition that the
assignee company accepts all and each one of the requirements contained in the Tender
Terms and Conditions and each one of the obligations and rights of this Contract, all of it
with the previous approval of the Commission and the Distributor.
Hence, in case the transfer is made before the beginning of the Supply Period, the
assignor Supplier will be severally liable with the assignee regarding the compliance of
all and each one of the requirements contained in the Tender Terms and Conditions and
each one of the obligations and rights of this Contract. For this purpose, the solidarity
must be agreed by public deed for at least one year after the Supply Period has began.
Likewise, the Supplier will have the right to totally or partially transfer, assign or
constitute a guarantee of the Contract for any financing that is directly related to the
Project construction or expansion or to the construction or expansion of generation units
required to ensure the Supply. The Supplier must notify the Commission and Distributor
in advance about such transfer, assignment or any other guarantee that is constituted in
favour of the institution that grants the financing for the Project’s execution (the
“Financier”), informing his name and address and any other information requested by
the Commission or Distributor.
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In case the is a non-compliance by the Supplier under the Contract, that gives the right
to the Distributor to terminate it, and the latter one will notify the Financier about such
non-performance or event through registered mail.
The Distributor accepts that if the Financier auctions the Supplier’s rights under the
Contract, or if the Contract is transferred to the Financier, the Supplier or any awardee
in the auction will have the right to be the successor of the rights of the assignor party
under the Contract, provided the Financier or the awardee continues fully complying
with the Supplier’s obligations under the Contract.
The Contract transfer by the Distributor or Supplier must be granted through public deed
with the appearance of the Supplier, the Distributor and the Assignee. A copy of the
public deed must be registered before the Superintendence.
TEENTH [•]: PROPER CONDUCT.
To be defined by the parties, subject to what is indicated in number 8.3, Chapter 1 of
the Tender Terms and Conditions.
TEENTH [•]: ANNEXES.
All and each one of the Annexes in this Contract form integral part of this document for
all legal purposes and have been incorporated in the same Book of this deed.
TEENTH [•] : ADJUSTMENT TO THE CURRENT NORMS.
The Supply Contract at all moments will be subject to the current norms, such as laws,
regulations and tariff decrees that have an effect on its execution. Hence, in face of
important changes that occur in the circumstances that exist at the moment of the
execution of this Contract, caused by amendments to the existing norms, the parties
must modify or adjust its clauses and conditions to allow having an adequate consistence
between both.
The amendments introduced in the Contracts must be limited to the ones that are
strictly necessary to adjust them to the new circumstances and can´t alter the price
awarded in the Point of Bid, without detriment to what is established in Articles 27 and
28 of Resolution Nº 215, in Article 134º of the LGSE, the indexation mechanisms and
remaining essential conditions and stipulation of the Contract. Any modification to the
Supply Contract must have the previous approval of the Commission.
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TEENTH [•] : CONCILIATION AND ARBITRAGE.
ONE. Any conflict that arises regarding the interpretation, validity, execution,
compliance, termination or decision of this Contract will be solved directly between the
parties by a commission of two members on behalf of each party. This commission must
reach a friendly solution in a period of 20 days after the first meeting. In case that in
that period of time the commission doesn’t achieve the solution to the conflict in hand,
the General Managers of each party will meet with the advisors they deem convenient in
order to look for the definite solution to the problem or conflict. In case the solution is
not obtained once the third meeting is held for that purpose, any of the parties can use
the arbitrage that the parties commit to and are obliged to, as established in number
two of this clause.
In case for any reason the abovementioned commission is not formed within the period
of 10 days after it is requested by any of the parties, any of them can use the arbitrage
established in number two below.
TWO. In case the parties don’t reach a solution for the conflict presented in a friendly
manner, a mixed arbiter, namely, and arbitrator in terms of proceedings and law will
solve any difficulty that is produced regarding the interpretation, validity, execution,
compliance, termination or decision of this Contract, in agreement with the Arbitrage
Procedural Regulation that is in force in Santiago’s Arbitrage and Mediation Centre. The
parties will assign the mixed arbiter in common agreement. In case of lack of
agreement, the parties grant special irrevocable power to Santiago’s Chamber of
Commerce A.G., to, upon the written request from any of the parties, assign a mixed
arbiter choosing him among members of the arbiters’ team of Santiago’s Arbitrage and
Mediation Centre. It will be understood that there is no agreement between the parties
by the sole fact of having one of them requesting by writing the appointment of an
arbiter.
The arbiter assigned will know and make his decision in a first instance.
All this applies notwithstanding what is specified in Article 146º bis of the LGSE.
The parties waive to all the impugnation considered in numbers 4 and 5 of Article 358 of
the Civil Proceedings Code in relation to the ineligibilities of witnesses due to their
labour dependence with the party that make their presentation.
THREE. The commitment clause of the former number doesn’t include the exercising of
legal actions that the Supplier could eventually file before the Ordinary Justice Courts
against the Distributor for the non-payment of the Supply.
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FOUR. The starting of a conciliation or arbitrage procedure will be timely communicated
to the Commission and Superintendence, together with the termination due to arbitral
decision, conciliation or any other form that implies an agreement of the parties to
modify this Contract.
FIVE. However, notwithstanding what is established in clause [●], the amendments to be
introduced in the Contract must be limited to the ones that are strictly necessary to
adjust them to the new circumstances and can´t alter the price, the indexation
mechanisms fixed at the moment of awarding and remaining essential conditions and
stipulation of the Contract, safeguarding at all moments the transparency and nondiscrimination of the Tender process that originated this Contract.
TEENTH [•] : LEGAL CAPACITIES.
The legal capacity of mister [•], appears in public deed dated [•] of [•] of year [•],
granted in Notary Public Office [•] of Mr [•].
On the other party, the legal capacity of mister [•], appears in public deed dated [•] of
[•] of year [•], granted in Notary Public Office [•] of Mr [•]. The legal capacity deeds are
not enclosed herein because the parties and the authorizing Notary Public know them.
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ANNEX N° 1: ENERGY AND POWER PRICES INDEXATION FORMULA
[•]
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ANNEX N° 2: ANNUAL ENERGY SUPPLY
[•]
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ANNEX N° 3: MEASUREMENT POINTS
Measurement Point
Voltage (kV)
[•]
[•]
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ANNEX N° 4: POINTS OF PURCHASE
Points of Purchase
[•]
[•]
[•]
Notwithstanding what is indicated in the former table, and according to what is
provisioned in the Tender Regulations for billing purposes, the Points of Purchase shall
correspond to all those busbars or nodes included in the short term node price decree
that is in force at the moment of billing, from where the Distributor is supplied
according to what is established in the current decree that establishes the subtransmission tariffs and their indexation formulas.
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