RFS - 3000 MW ISTS-connected Solar Projects - Web Upload
RFS - 3000 MW ISTS-connected Solar Projects - Web Upload
RFS - 3000 MW ISTS-connected Solar Projects - Web Upload
For
Dated : 27/02/2018
TABLE OF CONTENTS
DISCLAIMER
1. Though adequate care has been taken while preparing the RfS document, the
bidder(s) shall satisfy themselves that the document is complete in all respect.
Intimation regarding any discrepancy shall be given to the office of Employer/
Owner immediately. If no intimation is received from any bidder within 20
(Twenty) days from the date of issuance of RfS documents, it shall be
considered that the document is complete in all respect and has been received/
acknowledged by the bidder(s).
2. Solar Energy Corporation of India Ltd (SECI) reserves the right to modify, amend
or supplement this document.
3. While this RfS document has been prepared in good faith, neither SECI nor their
employees or advisors make any representation or warranty, express or implied,
or accept any responsibility or liability, whatsoever, in respect of any statements
or omissions herein, or the accuracy, completeness or reliability of information,
and shall incur no liability under any law, statute, rules or regulations as to the
accuracy, reliability or completeness of this document, even if any loss or damage
is caused by any act or omission on their part.
SECTION - I
INVITATION
FOR BIDS (IFB)
FOR
2.0 Ministry of Power (MoP) has issued “Guidelines for Tariff Based Competitive Bidding
Process for Procurement of Power from Grid Connected Solar PV Power Projects”
vide Gazette Resolution dated 03.08.2017. These Guidelines have been issued
under the provisions of Section 63 of the Electricity Act, 2003 for long term
procurement of electricity by the ‘Procurers’, from grid-connected Solar PV Power
Projects, having size of 5 MW and above, through competitive bidding. This RfS
document has been prepared in line with the above Guidelines issued by MoP dated
03.08.2017.
4.0 Power procured by SECI from the above Projects has been provisioned to be sold
to the different Buying Utilities of India. The details of Buying Utilities shall be
intimated at a later date.
5.0 Solar Power Developers (hereafter referred to as SPDs) selected by SECI based on
this RfS, shall set up Solar PV Projects on Build Own Operate (BOO) basis in
accordance with the provisions of this RfS document and standard Power Purchase
Agreement (PPA). The standard PPA document shall be shortly uploaded and can
6.0 SECI shall enter into PPA with successful SPDs for a period of 25 years from the
date as per the provisions of PPA. The maximum tariff payable to the Project
Developer is fixed at INR 2.93/ kWh for 25 years. The Bidders will be free to avail
fiscal incentives like Accelerated Depreciation, Concessional Customs and Excise
Duties, Tax Holidays etc. as available for such projects. The same will not have any
bearing on comparison of bids for selection. As equal opportunity is being provided
to all bidders at the time of tendering itself, it is up to the Bidders to avail various tax
and other benefits. No claim shall arise on SECI for any liability if Bidders are not
able to avail fiscal incentives and this will not have any bearing on the applicable
tariff.
7.0 Bidders shall submit their bid by offering a single tariff for each Project, which shall
be applicable for all the 25 years.
8.0 If the Project is transferred or sold to a third party during its tenure (after initial lock-
in period of 1 year after COD), SECI will retain full rights to operationalize the PPA
with the third party, which will be under full obligation to honour all the obligations
and terms & conditions of the PPA.
9.0 The Projects to be selected under this RfS for aggregate capacity of 3000 MW to be
installed anywhere in India, provide for deployment of Solar PV Technology.
However, the selection of projects would be technology agnostic within the
technology mentioned above. Crystalline Silicon or Thin Film or CPV, with or without
trackers can be installed. Only commercially established and operational
technologies can be used, to minimize the technology risk and to achieve the timely
commissioning of the Projects.
10.0 Already commissioned projects cannot be considered under this RfS. Projects under
construction or projects which are not yet commissioned will, however, be
considered, in case these projects are not already accepted under any other Central
or State Schemes. Enhancement and augmentation of already commissioned
Projects, irrespective of their capacities will not be considered as eligible Project
under this scheme.
between this tender document and said guidelines, the matter shall be referred to
MNRE and the decision of MNRE shall be final and binding on Bidder/ SPD and
SECI.
12.0 Solar Energy Corporation of India Limited (SECI) has issued this RfS in the capacity
of “Intermediary Procurer” as defined in the aforementioned Guidelines, SECI may
develop a suitable monitoring mechanism, to analyse the performance of the
projects and carry out random checks to verify compliance of quality standards.
13.0 MNRE may also lay down conditions in order to meet forecasting and scheduling
requirements by appropriate commission or such other requirements including
partialstorage, to improve power quality.
GENERAL
14.0 The complete RfS Documents are available at TCIL portal https://www.tcil-india-
electronictender.com as well as on SECI’s website http://www.seci.co.in.
Interested bidders shall download the RfS Documents from the portal
https://www.tcil-india-electronictender.com as per the provisions available
therein.
They may obtain further information regarding this IFB from the registered office of
SECI at the address given on the Bid Information Sheet from 10:00 hours to 17:00
hours on all working days.
16.0 While submitting/ uploading the bids, the system through portal asks to key in the
pass-phrase for encryption of the documents. The pass-phrase is required by
Employer for opening the bids (Separate for both First Envelopes as well as Second
Envelopes). The same may be submitted on the portal as per the provisions
existing for submission of the pass-phrase and as per the details given in ITB.
In the event of not opening of the bid with the pass-phrase provided by the bidder,
Employer on its discretion may give an option through the portal, to the bidder to
open its bid as per provisions available on the portal. However, Employer shall not
be responsible if bid could not be opened within reasonable time for what so ever
reason. In such a case, the bid shall be sent unopened to ‘Archive’ on the portal and
shall not be considered at all any further.
17.0 A Single Stage Two Envelope Bidding Procedure will be adopted and will proceed
as detailed in the RfS Documents. Bidding will be conducted through the global
competitive bidding procedures as per the provisions of ITB/ BDS and the contract
shall be executed as per the provisions of the Contract. It shall be noted that the
respective rights of the Employer and the Bidder/ SPD shall be governed by the RfS
Documents/ Contract signed between the Employer and the SPD for the package.
18.0 Bidders should submit their bid proposal online complete in all aspect on or before
last date and time of Bid Submission as mentioned on ETS Portal of TCIL
(https://www.tcil-india-electronictender.com), SECI website
http://www.seci.co.in and as indicated in the Bid Information Sheet.
19.0 Bidder shall submit bid proposal along with non-refundable Document Fees and Bid
Processing Fees, Earnest Money Deposit (EMD) complete in all respect as per the
Bid Information Sheet. Techno-Commercial bids will be opened as per the Bid
Information Sheet in online presence of authorised representatives of bidders who
wish to be present online. Bid proposals received without the prescribed Document
Fees and/or, Bid Processing Fees and/or Earnest Money Deposit (EMD) may be
considered as non-responsive. In the event of any date indicated is a declared
Holiday, the next working day shall become operative for the respective
purpose mentioned herein.
20.0 RfS documents which include Eligibility Criteria, Technical Specifications, various
Conditions of Contract, Formats etc. can be downloaded from ETS Portal of TCIL
(https://www.tcil-india-electronictender.com) or from SECI website
(http://www.seci.co.in). It is mandatory to download official copy of RfS
Document from Electronic Tender System (ETS) Portal of TCIL to participate
in the Tender. Any amendment(s)/ corrigendum(s)/ clarification(s) with respect to
this RfS shall be uploaded on TCIL website. The Bidder should regularly check for
any Amendment(s)/ Corrigendum(s)/ Clarification(s) on the above mentioned TCIL
website. The same may also be uploaded on SECI website http://www.seci.co.in
21.0 Incase the RfS provides provision for multiple bids by a common bidder, then
separate EMD(s), Bid Processing Fees and Document Fees shall be furnished for
all the bids as listed out in the RfS along with the response to RfS. Kindly refer the
Clause of Bid Information Sheet for details. EMD shall be enclosed in a sealed
envelope and shall be submitted in the office of SECI (offline) whose mailing address
is mentioned in the Bid Information Sheet.
22.0 For multiple Projects, separate Performance Bank Guarantees shall be furnished
against each Projectbeing executed under this RfS by the SPD after issuance of
Letter of Intent (LOI) by SECI.
23.0 The detailed Qualifying Requirements (QR) are given in Section-III of the RfS.
24.0 SECI shall conduct e-Reverse Auction (e-RA), if required or as per provisions of RfS
documents.
25.0 SECI reserves the right to cancel/ withdraw this invitation for bids without
assigning any reason and shall bear no liability whatsoever consequent upon
such a decision.
INTERPRETATIONS
1. Words comprising the singular shall include the plural & vice versa.
2. An applicable law shall be construed as reference to such applicable law including its
amendments or re-enactments from time to time.
3. A time of day shall save as otherwise provided in any agreement or document be construed
as a reference to Indian Standard Time.
4. Different parts of this contract are to be taken as mutually explanatory and supplementary
to each other and if there is any differentiation between or among the parts of this contract,
they shall be interpreted in a harmonious manner so as to give effect to each part.
5. The table of contents and any headings or sub headings in the contract has been inserted
for case of reference only & shall not affect the interpretation of this agreement.
SINGLE BID
TYPE OF BIDDING SYSTEM
(C)
SYSTEM
TWO BID
Yes
SYSTEM
E-TENDER Yes
(D) TYPE OF RfS/ TENDER
MANUAL
APPLICABLE Yes
NOT APPLICABLE
DOCUMENT FEE/
COST OF RfS
(F)
DOCUMENT
(NON-REFUNDABLE) Amount: INR 29,500/- (Indian Rupees Twenty-Nine Thousand
Five Hundred Only) including GST, to be submitted
either through NEFT/RTGS transfer in the account of SECI or
in the form of DD/Pay Order, along with the response to RfS in
favour of “Solar Energy Corporation of India Ltd”, payable at
New Delhi.
APPLICABLE Yes
NOT APPLICABLE
BID PROCESSING FEE
(G)
(NON-REFUNDABLE) Amount: INR 15,00,000/- (Indian Rupees Fifteen Lacs) + 18%
GST for each Project to be submitted
either through NEFT/RTGS transfer in the account of SECI or
in the form of DD/Pay Order along with the response to RfS in
favour of “Solar Energy Corporation of India Ltd”, payable at
New Delhi.
APPLICABLE Yes
Details of persons to
2) Mr. Manas Ranjan Mishra
be contacted in case of
(P) Manager (C&P)
any assistance
Ph: 011-71989294
required
Note:
1.0 Bids must be submitted strictly in accordance with Section-II, Instructions to Bidders
(ITB) depending upon Type of Tender as mentioned at Clause no. (D) of Bid Information
Sheet. The IFB is an integral and inseparable part of the RfS document.
2.0 Bidder(s) are advised to quote strictly as per terms and conditions of the RfS documents
and not to stipulate any deviations/ exceptions.
3.0 Any bidder, who meets the Qualifying Requirement and wishes to quote against this
RfS, may download the complete RfS document along with its amendment(s) if any from
ETS Portal of TCIL (https://www.tcil-india-electronictender.com) and/ or SECI
website (www.seci.co.in) and submit their Bid complete in all respect as per terms &
conditions of RfS Document on or before the due date of bid submission.
4.0 Clarification(s)/ Corrigendum(s) if any shall also be available on above referred
websites.
5.0 Prospective Bidders are requested to remain updated for any
notices/amendments/clarifications etc. to the RfS document through the websites
www.tcilindia-electronictender.com. No separate notifications will be issued for such
notices/amendments/clarifications etc. in the print media or individually. Intimation
regarding notification on the above shall be updated on www.seci.co.in and the details
only will be available from www.tcil-india-electronictender.com
SECTION - II
INSTRUCTION
TO BIDDERS (ITB)
Preamble
This part (Section - II) of the RfS Documents provides the information necessary for
bidders to prepare responsive bids, in accordance with the requirements of the
Employer. It also provides information on bid submission and uploading the bid on portal
https://www.tcil-india-electronictender.com, bid opening, evaluation and on contract
award. This Section (Section II) contains provisions that are to be used unchanged
unless consists of provisions that supplement, amend, or specify in detail, information
or requirements included in RfS and that are specific to each procurement, states
otherwise.
Bidders may note that the respective rights of the Employer/ Owner and Bidders/
Contractors shall be governed by the RfS Documents/ Contracts signed between the
Employer/ Owner and the Contractor for the respective package(s). The provisions of
RfS Documents shall always prevail over any other documents in case of contradiction.
Further in all matters arising out of the provisions of this Section - II and the RfS
Documents, the laws of the Union of India shall be the governing laws and courts of New
Delhi shall have exclusive jurisdiction.
The RfS document can be downloaded from the website of TCIL (Telecommunication
Consultants India Limited) https://www.tcil-india-electronictender.com. A link of the
same is also available at www.seci.co.in.
Note: Interested Bidders have to download the official copy of RfS & other
documents after login into the TCIL website by using the Login ID & Password
provided by TCIL during registration (Refer Annexure - D). The Bidder shall only
be eligible to submit/ upload the bid document only after logging into the TCIL
portal and downloading the official copy of RfS.
3.1 Selection of ISTS-Connected Solar PV Power Projects for total capacity of 3000 MW
(250 MW capacity each of 12 nos. of Projects) will be carried out through e-bidding
followed by e-Reverse Auction process. The Projects will be setup anywhere in India
3.2 The interested Bidders are required to participate in the Request for Selection (RfS) for
installation of ISTS Connected Solar Photovoltaic Power Plants on Build-Own-Operate
(B-O-O) basis.
3.3 Projects shall be allocated in the configuration of 12 x 250 MW, i.e. each Project shall
have a fixed capacity of 250 MW and a maximum of 12 such Projects shall be allotted
under the RfS. Projects shall be connected to the ISTS system and Delivery Point, as
defined in the Section-IV of the RfS, shall be the CTU substation at 220 kV level or
above.
The SPDs shall demonstrate the Contracted Capacity at the Interconnection Point, as
defined in the Commissioning Procedure enclosed in Annexure-A and Appendix-A-1.
Project Configuation
The term “Project” shall have the meaning as defined in Section IV of the RfS, and shall
refer to the cumulative Project capacity as quoted by/awarded to the Bidder.
The Bidder may however, set up the cumulative Project capacity at a single location, or
he may configure the ”Project” as being sub-divided into a number of “Packages”, being
set up at multiple locations, across various States, if required. Following points are to
be noted in this regard:
b) The Project may consist of any number of Packages, each being in multiples of 25
MW and minimum capacity of each Package shall be 50 MW. The minimum voltage
level for a single Block shall be 33 kV and for a single Package shall be 220 kV.
c) A single tariff shall be quoted by the Bidder for the entire Project, irrespective of the
Project configuration.
d) Power Purchase Agreements shall be signed separately for each Package. The
Bidders shall be responsible for obtaining Connectivity and Long Term Open
Access (LTA) for each Package.
e) The Bidders may modify the Project configuration subsequent to issuance of LOI
until the deadline of Financial Closure, subject to the condition that the condition as
per (d) above. SECI shall not be responsible for any delay in obtaining revised
Connectivity and LTA on account of change in Package location(s), which might
f) The entire Project shall have a single Effective Date of the PPA and single
milestones for achieving Financial Closure and Commissioning, irrespective of the
configuration of the Packages.
g) One of the possible configurations of a Project, having separate locations for each
Package, is illustrated below, for elaboration:
Project P= 250 MW
Block B5 Block B6
50 MW 50 MW
Pooling S/S
≥ 33 kV
CTU S/S
≥ 220kV
4 PROJECT LOCATIONS
Under this RfS, the SPD shall set up Solar PV Project(s) including the transmission
network up to the Interconnection/ Delivery Point in line with Clause No. 7, Section-II,
ITB, at its own cost and in accordance to the provisions of this RfS document. All
approvals, permits and clearances required for setting up of the Project (including
connectivity and LTA) including those required from State Government and local bodies
shall be in the scope of the SPD. The Projects to be selected under this scheme provide
for deployment of PV Technology. However, the selection of Projects would be
technology agnostic within PV technology and crystalline silicon or thin film or CPV,
with or without Trackers can be installed. The SPD shall be required to follow the
applicable rules regarding project registration with the State Nodal Agency in line with
the provisions of the applicable policies/regulations of the State where the
Project/Packages are being located. It shall be the responsibility of the SPD to remain
updated about the applicable charges payable to the SNA under the respective State
Solar Policy.
Following conditions shall be applicable to the Bidders for submission of bids against
this RfS:
(i) A Bidder including its Parent, Affiliate or Ultimate Parent or any Group Company
can submit only a single bid for maximum 3 Projects in the prescribed formats as
detailed Clause No. 21, Section-II, ITB, giving details of the Projects.
(ii) The total number of Projects to be allocated to a Bidder including its Parent,
Affiliate or Ultimate Parent or any Group Company shall be limited to 3 Projects,
with a cumulative capacity of 750 MW being awarded to a single Bidder, including
its Parent, Affiliate or Ultimate Parent or any Group Company.
(iii) The evaluation of bids shall be carried out as described in Section-V of RfS. The
methodology for allocation of Projects is elaborated in Section-V of RfS.
(iv) In case the bidder wishes to set up more than one Project, then the Projects would
need to be physically identifiable for the Project Capacity with separate boundary
wall, separate injection points and metering arrangement.
7.1 The Project should be designed for interconnection with the ISTS in accordance with
the prevailing CERC regulations in this regard. For interconnection with the grid and
metering, the SPD shall abide by the applicable Grid Code, Grid Connectivity Standards,
7.2 The responsibility of getting ISTS connectivity and Long Term Open Acceess (LTA) shall
entirely be with the SPD and shall be at the cost of the SPD. The transmission of power
up to the point of Interconnection /Delivery Point where the metering is done for energy
accounting, shall be the responsibility of the SPD at his own cost. In case the SPD is
required to use InSTS to bring solar power at ISTS point, he may do so per rule and
regulations prescribed by the respective SERC in this regard.
7.3 The maintenance of Transmission system up to the Inter-connection Point shall be the
responsibility of the SPD.
7.4 The arrangement of connectivity can be made by the SPD through a dedicated
transmission line which the SPD may construct himself of get constructed by
PGCIL/State Transmission Company or any other agency. The entire cost of
transmission including cost of construction of line, wheeling charges, SLDC/Scheduling
charges, SOC, MOC maintenance, losses etc. and any other charges from the Project
upto the Interconnection Point will be borne by the SPD. Two or more Projects can be
connected to a common pooling substation from which the pooled power can be
transferred to the CTU substation through a common transmission line subject to the
following conditions:
a) Acceptance of such an arrangement by the CTU.
b) The meters for each project at pooling substation are sealed by
CTU/STU/Discom/ SLDC.
The energy accounts are divided and clearly demarcated for the power generated at the
Project and are issued by the STU/SLDC/RLDC concerned. In case of Pooling
substation, losses in the transmission line between the Pooling substation and the CTU
substation, shall be apportioned among the SPDs who share such a Pooling
arrangement, based on their monthly generation.
7.5 The SPD shall comply with CERC/SERC regulations on Forecasting, Scheduling and
Deviation Settlement, as applicable and are responsible for all liabilities related to LTA
and Connectivity.
7.6 Reactive power charges as per CERC/SERC regulations shall be payable by SPD as
per provisions of PPA.
7.7 Metering arrangement of each project shall have to be adhered to in line with relevant
clause of the PPA.
7.8 The Buying Utility will be responsible for all transmission charges and losses and any
other charges as applicable under the respective regulations beyond Delivery Point and
up to the drawl point.
7.9 Atleast 30 days prior to the proposed commissinig date, the SPD shall be required to
submit prior the connectivity letter from State Transmission Utility (STU) /Central
Transmission Utility (CTU) as applicable, confirming technical feasibility of connectivity
of the plant to the STU/CTU substation.
The SPD will declare the annual CUF of the Project at the time of submission of
response to RfS, which shall be allowed to be modified at the time of signing of PPA.
Thereafter, the CUF for the Project shall remain unchanged for the entire term of the
PPA. The declared annual CUF shall in no case be less than 17%. SPD shall maintain
generation so as to achieve annual CUF within + 10% and -15% of the declared value
till the end of 10 years from COD, subject to the annual CUF remaining minimum of
15%, and within +10% and -20% of the declared value of the annual CUF thereafter till
the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by
SECI to the extent of non-availability of grid for evacuation which is beyond the control
of the SPD. The annual CUF will be calculated every year from 1st April of the year to
31st March next year.
If for any Contract Year, it is found that the SPD has not been able to generate minimum
energy corresponding to the value of annual CUF within the permissible lower limit of
CUF declared by the SPD, on account of reasons solely attributable to the SPD, such
shortfall in performance shall make the SPD liable to pay the compensation provided in
the PSA (Power Sale Agreement) as payable by SECI to Buying Utility(ies)/ Discoms
and shall duly pay such compensation to SECI to enable SECI to remit the amount to
Buying Utility(ies)/ Discoms. This will, however, be relaxable by SECI to the extent of
grid non-availability for evacuation which is beyond the control of the developer. This
compensation shall be applied to the amount of shortfall in generation during the
Contract Year. The amount of compensation shall be equal to the compensation payable
(including RECs) by the buying utilities/ Discoms towards non - meeting of RPOs, if such
compensation is ordered by the State Commission.
However, this compensation shall not be applicable in events of Force Majeure identified
under the PPA with SECI, affecting supply of solar power by SPD.
Any excess generation over and above 10% of declared annual CUF will be purchased
by SECI at a fixed tariff of 75% (seventy-five percent) of the PPA tariff, provided SECI is
able to get any buyer for sale of such excess generation. However, the SPD shall inform
at least 60 days in advance of such excess generation to SECI, to enable SECI take
necessary actions for sale of this excess generated energy. SECI shall be required to
intimate its approval/refusal to the SPD, for buying such excess generation not later than
1 month of receiving the above offer from the SPD. In the event the offer of the SPD is
not accepted by SECI within the said period of 1 month, such right shall cease to exist
and the SPD shall, at its sole discretion, may sell such excess power to any third party.
While the SPD would be free to install DC solar field as per his design of required output,
including his requirement of auxiliary consumption, he will not be allowed to sell any
excess power to any other entity other than SECI (unless refused by SECI).
In case at any point of time, the peak of capacity reached is higher than the rated
capacity and causes disturbance in the system at the point where power is injected, the
SPD will have to forego the excess generation and reduce the output to the rated
capacity to ensure compliance with grid requirement.
However, it is clarified that if the project is ready for commissioning prior to the
Scheduled Commissioning Date, but the offtake is constrained because of inadequate/
incomplete power evacuation infrastructure, no compensation shall be permissible.
c. Offtake Constraints due to Backdown: The Solar Power Developer and SECI shall
follow the forecasting and scheduling process as per the regulations in this regard by
the CERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid
Code (IEGC), encourages a status of “must-run” to solar power projects. Accordingly,
no solar power plant, duly commissioned, should be directed to back down by a Discom/
Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, except for
the cases where the Backdown is on account of events like consideration of grid security
or safety of any equipment or personnel or other such conditions, the Solar Power
Developers shall be eligible for a Minimum Generation Compensation, from SECI, in the
manner detailed below:
The Generation Compensation is to be paid as part of the energy bill for the successive
month after receipt of Regional Energy Accounts (REA)/SEA/JMR. No Trading Margin
shall be applicable on this Generation Compensation provided under Clause 8.4 c
above.
Note: Notwithstanding anything mentioned above, the provisions of Clause 8.4 above
shall be applicable subject to the acceptance of the same by the respective Buying Utility
in the Power Sale Agreement.
9.1 The Solar Power Developers are required to obtain necessary clearances and permits
as required for setting up the Solar Power Projects, including but not limited to the
following:
a. No Objection (NOC)/Environmental clearance (if applicable) for the Project.
b. Forest Clearance (if applicable) for the land for the Project.
c. Approval for water from the concerned authority (if applicable) required for the
Project.
d. Any other clearances as may be legally required, in order to establish and operate
the Project.
The above clearances, as applicable for the Project, shall be required to be submitted
to SECI prior to commissioning of the Project. In case of any of the clearances as
indicated above being not applicable for the said Project, the SPD shall submit an
undertaking in this regard, and it shall be deemed that the SPD has obtain all the
necessary clearances for establishing and operating the Project. Any consequences
contrary to the above shall be the responsibility of the SPD.
10.1 Earnest Money Deposit (EMD) of INR 10 Lakh/ MW per Project in the form of Bank
Guarantee according to Format 7.3 A and valid for 09 months from the last date of bid
submission, shall be submitted by the Bidder along with their bid, failing which the bid
may be liable for rejection. The Bank Guarantees towards EMD have to be issued in the
name of the Bidding Company/ Lead Member of Bidding Consortium.
10.2 The Bidder shall furnish the Bank Guarantees towards EMD from any of the Banks listed
at Annexure-C to RfS. Bank Guarantees issued by foreign branch of a bank from bank
list given in Annexure-C is to be endorsed by the Indian branch of the same bank or State
Bank of India (SBI).
11.1 Bidders selected by SECI based on this RfS shall submit Performance Bank Guarantee
for a value @ INR 20 Lakh/ MW within 30 days of issuance of Letter of Intent (LoI) or
before signing of PPA, whichever is earlier. It may be noted that successful Bidders shall
submit the Performance Bank Guarantee according to the Format 7.3 B for a value @
INR 20 Lakh/ MW/ Project with a validity period from the date of submission of the PBG
until 21 months from the Effective Date of the PPA. On receipt and after successful
verification of the total Performance Bank Guarantee in the acceptable form, the BG
submitted towards EMD shall be returned by SECI to the successful Bidder. Non
submission of PBG within the above timelines shall be treated as follows:
a. Delay upto 1 month from due date of submission of PBG: Delay charges @1%
of the PBG amount per month levied on per day basis shall be paid by the Bidder
to SECI in addition to the PBG amount.
b. Delay beyond 1 month from the due date of submission of PBG: The BG against
EMD submitted by the Bidder shall be encashed by SECI and the Project shall
stand terminated.
For the purpose of calculation of the above delay charges, ‘month’ shall be considered
as a period of 30 days.
11.2 All Performance Bank Guarantees (PBGs) shall be submitted separately for each Project.
11.3 The Bidder shall furnish the PBGs from any of the Banks listed at Schedule-2 of draft
PPA to SECI. PBGs issued by foreign branch of a bank from bank list given in Schedule-
2 of draft PPA is to be endorsed by the Indian branch of the same bank or State Bank of
India (SBI).
11.4 The format of the Bank Guarantees prescribed in the Formats 7.3 A (EMD) and 7.3 B
(PBG) shall be strictly adhered to and any deviation from the above Formats shall result
in rejection of the EMD/ PBG and consequently, the bid. In case of deviations in the
formats of the Bank Guarantees, the corresponding PPA shall not be signed.
11.5 The sucessful Bidders of the Projects selected based on this RfS are required to sign
PPA with SECI within 3 months after the issue of LOI. In case, SECI offers to execute
the PPA with the Selected Bidder and if the Selected Bidder does not submit the requisite
documents as per Clause No. 14, Section-II, Instructions to Bidders (ITB) or does not
meet eligibility criteria upon submission of documents or does not execute the PPA within
the stipulated time period, then the Bank Guarantee equivalent to the amount of the EMD
shall be encahsed by SECI from the Bank Guarantee available with SECI (i.e. EMD or
PBG) as liquidated damages not amounting to penalty, the selected Project(s) shall stand
cancelled and the selected Bidder expressly waives off its rights and objections, if any,
in that respect.
11.6 The Bank Guarantees have to be executed on non-judicial stamp paper of appropriate
value as per Stamp Act relevant to the place of execution.
11.7 All expenditure towards execution of Bank Guarantees such as stamp duty etc. shall be
borne by the Bidders.
11.8 In order to facilitate the Bidders to submit the Bank Guarantee as per the prescribed
format and in line with the requirements, checklist at Annexure-B has been attached.
Bidders are advised to take note of the above checklist while submitting the Bank
Guarantees.
11.9 After the bidding process is over, SECI shall release the Bank Guarantees towards EMD
of the unsuccessful Bidders within 15 days after the completion of e-Reverse Auction.
The PBG of SPDs shall be returned to them, immediately after successful commissioning
of their projects as per Terms of PPA, after taking into account any liquidated damages
due to delays in commissioning as per Clause No. 17, Section-II, Instructions to Bidders
(ITB) of RfS documents.
12 SUCCESS CHARGES
Successful bidders shall have to pay INR 1.06 Lakh/ MW/ Project (@ 0.2% of normative
capital cost of CERC i.e. INR 530.02 Lakh per MW) + 18% GST to SECI towards
administrative overheads, liaising with State Authorities, Discom/ STU/CTU, pre-
commissioning and commissioning expense. The payment has to be made by the SPD
in the form of DD/ Pay Order/ NEFT/ RTGS within 30 days of issuance of LOI. Any delay
in depositing the said amount to SECI as mentioned above within the stipulated time shall
attract interest @18% per annum, levied on per day basis, on the total Success Charges,
till (and including) the date of payment of Success Charges,which shall not be later than
the date of signing of PPA. PPA shall only be signed after deposit of the Success Charges
to SECI.
13 FORFEITURE OF EMD
13.1 If the Bidder withdraws or varies the bid after due date and time of bid submission and
during the validity of bid;
13.2 In case, SECI offers to execute the PPA with the Selected Bidder and if the Selected
Bidder does not submit the requisite documents as per Clause No. 14, Section-II,
Instructions to Bidders (ITB) of RfS documents or does not execute the PPA within the
stipulated time period;
13.3 If after issuance of LOI, it is found that the documents furnished by the Bidder as part of
response to RfS are misleading or misrepresented in any way;
13.4 If the Bidder fails to furnish required Performance Bank Guarantee in accordance with
Clause No. 11, Section-II, Instructions to Bidders (ITB) of RfS document.
14.1 SECI shall enter into Power Purchase Agreement (PPA) with Bidders selected based on
this RfS. A copy of standard Power Purchase Agreement to be executed between SECI
and the selected SPD will be made available on website of TCIL https://www.tcil-india-
electronictender.com and also in SECI website www.seci.co.in. The PPA shall be
signed within 90 days from the date of issue of LOI, if not extended by SECI (for e.g. If
the LOI is dated 20.03.2018, then the last date of signing of PPA shall be 18.06.2018).
PPA will be executed between SECI and selected bidder or its SPV, for each Project.
Note: PPA will be executed between SECI and the SPD as per the breakup of the
cumulative Project capacity awarded to the Bidder. The Bidder shall provide the project
breakup for the cumulative capacity quoted, in the Covering Letter (Format 7.1), which
can be changed by the SPD prior to signing of PPA. However, it may be noted that the
Successful Bidder shall be allowed to change the State of the proposed Project locations,
within 30 days from the date of conclusion of e-RA. Any changes in the State of the
Project(s) awarded shall not be permitted subsequent to the above deadline. The final
project configuration, adding up to the cumulative capacity awarded to the Bidder (in line
with the above provisions regarding the change in State), may be intimated to SECI at
the time of signing of PPA, which shall then remain unchanged subsequent to signing of
PPA. Delays in connectivity and/or LTA for the Project(S) on account of such changes in
Project locations, which differ from the details provided in the Covering letter, shall be at
the risk of the Successful Bidder. The PPAs shall be valid for a period of 25 years from
the Scheduled Commissioning Date of the Projects.
14.2 The Performance Bank Guarantee as per Clasue 11 above and Success Charges as per
Clause 12 above, shall be submitted by the SPD prior to signing of PPA. Before signing
of PPA with the selected Bidders, SECI will verify the documents furnished by the Bidders
at the time of submission of response to RfS including the shareholding of the Project
Company along with a copy of complete documentary evidence supported with the
original documents. Bidders will be required to furnish the documentary evidence for
meeting the RfS Qualification Requirement and financial requirements mentioned at
Annexure to BDS respectively. At this stage, the Bidders shall be required to furnish the
audited balance sheet of the previous month-end along with complete Bank Statement
starting from day 1 of submission of response to RfS till date along with a copy of the
documents submitted with ROC which became due during this period, along with all the
relevant documents filed with MCA for allotment of Shares are required to be submitted
at the time of signing of PPA. If at this stage it is found that the documents furnished by
the Bidders are false/ misleading or misrepresented in any way then the provisions
contained in this RfS will be applicable.
14.3 Successful bidders will have to submit the required documents to SECI preferably within
70 days from the issue of LOI. In case of delay in submission of documents beyond the
the timeline as mentioned above, SECI shall not be liable for delay in verification of
documents and subsequent delay in signing of PPA.
Irrespective of the date of signing of PPA, the Effective Date of the PPA shall be the date
as on 90th day from the date of issuance of LOI. In extraordinary cases of unavoidable
delays on the part of SECI in signing the PPAs, the Effective Date of the PPA shall then
be the date of signging of PPA.
14.4 Back-to-back Power Sale Agreements (PSAs) will be executed by SECI with the State
Buying Utilities for sale of solar power to them.
14.5 The SPDs will be free to reconfigure and repower their plants from time to time during
the PPA duration. However, SECI will be obliged to buy power only within the Capacity
Utilization Factor (CUF) range laid down in Power Purchase Agreement (PPA) as per
guidelines.
14.6 Any extension of the PPA period beyond 25 years shall be through mutual Agreement
between the Solar Power Developer and SECI.
15.1 The Project shall achieve Financial Closure within 07 (Seven) months from the Effective
Date of the Power Purchase Agreement (PPA) (for e.g. if Effective date of the PPA is
07.03.2018, then scheduled Financial Closure date shall be 07.10.2018). At this stage,
the SPDs shall report tie-up of Financing Arrangements for the Projects. In this regard,
the SPD shall submit a certificate from all financing agencies regarding the tie-up of funds
indicated for the Project. Additionally, the SPD shall furnish documentary evidence
towards the following: -
a. The orders placed/ agreements entered into, for supply of plants and equipment for
the Project.
c. The details of all planned/ proposed Inverters and modules (manufacturer, model
number, datasheet, all technical certificates as mentioned at Annexure-A along with
the link of the certifying authority with ILAC member accredited lab/ NABL accredited
lab) for the Project, at least 14 days prior to the scheduled Financial Closure date.
d. Ownership and clear possession of 100% of the land identified for the Project. In this
regard the SPD shall be required to furnish documents/lease agreements to establish
possession/right to use 100% of the required land in the name of the SPD or its
Affiliate. In case the land is in the name of the Affiliate, the land should be transferred
in the name of the SPD prior to Scheduled Commissioning Date. Wherever leasing
of private land is involved, the lease should allow transfer of land to the lenders or
SECI, in case of default of the SPD.
e. Sworn affidavit from the authorized signatory of the SPD listing the details of the land
and certifying that total land required for the Project is under clear possession of the
SPD. In case the entire land as identified by the SPD for the Project is not under
100% ownership and possession of the SPD, the extension charges as per Clause
15.2 below, shall be levied pro-rata basis to the land not acquired until the above
deadline. Change of land and Delivery Point for the Projects within the State is
allowed prior to the deadline of Financial Closure, under prior intimation to SECI.
15.2 In case of delay in achieving above condition as may be applicable, SECI shall encash
Performance Bank Guarantees and shall remove the Project from the list of the selected
Projects, unless the delay is on account of delay in allotment of land by the Government
not owing to any action or inaction on the part of the SPD, or caused due to a Force
Majeure as per PPA. An extension can however be considered, on the sole request of
SPD, on advance payment of extension charges of INR 10,000/- per day per MW. This
extension will not have an impact on the Scheduled Commissioning Date of the Project.
Subsequent to the completion of deadline for achieving
financial closure, SECI shall issue notices to the SPDs who are not meeting the
requirements of Financial Closure as per the RfS deadlines. The notice shall provide a
period of 7 business days to the respective SPDs to either furnish the necessary
documents or make the above mentioned payment of Rs. 10,000/MW/day. In case of
nonsubmission of either-the requisite documents or the necessary amount upon expiry
of the above mentioned notice period of 7 days-SECI shall encash the PBG of the
corresponding SPDs and terminate the PPA for the corresponding Project. The amount
of Rs. 10,000/MW/day shall be paid by the SPDs in advance prior to the commencement
of the said delay period and shall be calculated based on the period of delay as estimated
by the SPD. In case of the SPD meeting the requirements of Financial Closure before
the last date of such proposed delay period, the remaining amount deposited by the SPD
15.3 The SPD will have to submit the required documents to SECI at least 14 days prior to the
scheduled Financial Closure date. In case of delay in submission of documents
mentioned above, SECI shall not be liable for delay in verification of documents and
subsequent delay in Financial Closure.
16 COMMISSIONING
The Commissioning of the Projects shall be carried out by the SPDs in line with the
procedure elaborated in draft PPA document (Commissioning Procedure at Annexure-A
and Appendix-A-1 are for reference). SECI may authorize any individual or committee
or organization to witness and validate the commissioning procedure on site.
Commissioning certificates shall be issued by the State Nodal Agency or SECI after
successful commissioning.
Part commissioning of the Project shall be accepted by SECI subject to the condition
that the minimum capacity for acceptance of first and subsequent part(s) commissioning
shall be 50 MW, without prejudice to the imposition of penalty, in terms of the PPA on
the part which is not commissioned. However, the SCD will not get altered due to part-
commissioning. Irrespective of dates of part commissioning or full commissioning, the
PPA will remain in force for a period of 25 (twenty-five) years from the SCD.
The Project shall be fully commissioned within 15 months of the effective date of the
PPA (for e.g. if effective date of the PPA is 07.02.2018, then scheduled Commissioning
date shall be 07.05.2019). In this regard, a duly constituted committee will physically
inspect and certify successful commissioning of the Project. In case of failure to achieve
this milestone, provisions of PPA as mentioned below shall apply: -
a. Delay upto six months from the SCD: The total PBG amount shall be encashed
on per day basis and proportionate to the balance capacity not commissioned. For
example, in case of a Project of 250 MW capacity, if commissioning of 100 MW
capacity is delayed by 18 days from the scheduled date, then the penalty shall be:
PBG amount X (100/250) X (18/180).
b. Delay of more than six months from the SCD: In case the commissioning of the
Project is delayed by more than 6 months from the SCD, the tariff of INR 2.93/ kWh
or the tariff discovered after reverse auction shall be reduced at the rate of INR
0.0015 Paise/ kWh per day of delay for the delay in such remaining capacity which
is not commissioned. The maximum time period allowed for commissioning of the
full Project Capacity with encashment of Performance Bank Guarantee and
reduction in the fixed tariff shall be limited to 24 months from the Effective Date of
the PPA. In case, the Commissioning of the Project is delayed beyond 24 months
from the Effective Date of the PPA, the PPA capacity shall stand reduced/ amended
to the Project Capacity Commissioned and the PPA for the balance capacity will
stand terminated and shall be reduced from the selected Project Capacity.
For the purpose of calculations for penalty, ‘month’ shall be considered consisting of 30
days.
Consider a SPD has been selected for the implementation of a Project of capacity of 250
MW.
Total Performance Bank Guarantee Amount to be furnished by the SPD: (20 X
250) = INR 5000 Lakhs.
a) LD Conditions:
In case of delay upto 6 Months from SCD: Entire PBG amount (i.e. INR
11,111.11/ MW/ Day) shall be encashed as Liquidated Damages for the first six
months of delay, calculated on per day basis and proportionate to the capacity
not commissioned.
In case of delay beyond 6 months from the SCD subject to maximum of 24 months
from the Effective Date of the PPA, the tariff of INR 2.93/ kWh or the tariff
discovered after reverse auction shall be reduced at the rate of 0.15 Paisa per
unit (kWh) per day for such remaining capacity which is not commissioned.
b) Consider that the Project commissioning (for e.g. Project capacity 250 MW) has been
achieved in the following manner:
Capacity Delay from the
Date of
Sl. Commissioned remaining Un- Scheduled
Commissioning of
No. Capacity (MW) commissioned Commissioning
the respective part
(MW) date (days)
Scheduled
1 0 250 Commissioning 0
date
Scheduled
2 125 125 Commissioning 150
date + 150 Days
Scheduled
3 125 0 Commissioning 190
date + 190 Days
Based on the above schedule, total LD payable by the SPD shall be INR 458333287.5
and tariff of the Project during tenure of PPA shall stand reduced to INR 2.9225/ kWh.
The SPD shall be permitted for full commissioning as well as part commissioning of the
Project even prior to the SCD. In cases of early part-commissioning, till the SCD, SECI
may purchase the generation @ 75% (seventy-five per cent) of the PPA tariff. However,
in case the entire capacity is commissioned prior to the scheduled commissioning date,
SECI may purchase the generation at PPA Tariff. However, early part/ full
commissioning of the Project and subsequent energy procurement from the same shall
be subject to the approval of SECI.
Commercial Operation Date (COD) shall be the date on which the commissioning
certificate is issued upon successful commissioning of the full capacity of the Project or
the last part capacity of the Project, as the case may be. The 25-year tenure of PPA shall
be as per the provisions of PPA. The following milestone dates may therefore be
observed and may fall on separate dates:
(a) Interconnection with Grid: This may be provided by the STU/ CTU/Discom on the
request of the SPD, even if the project is only partially ready, to facilitate testing and
allow flow of power generated into the grid to avoid wastage of Power.
(b) Commissioning of the Project: This will be on a date, when the project meets the
criteria defined for project commissioning. SECI may authorize any individual or
committee or organization to declare the project commissioned on site.
Any energy produced and flowing into the grid before COD shall not be at the cost of
SECI under this scheme and developers will be free to make short-term sale to any
organization or individual. SECI may agree to buy this power as a trader if they find it
viable outside this RfS.
18.1 The Bidder shall provide complete information in their bid in reference to this RfS about
the Promoters and upon issuance of LOI, the SPD shall indicate its shareholding in the
company indicating the controlling shareholding before signing of PPA with SECI.
18.2 No change in the controlling shareholding of the Bidding Company or Bidding Consortium
shall be permitted from the date of submission of response to RfS till the execution of the
PPA. However, in case the Project is being set up by a listed Company, this condition will
not be applicable.
18.3 In case of SPVs: The successful Bidder, if being a single company, shall ensure that its
shareholding in the SPV/project company executing the PPA, shall not fall below 51% at
any time prior to 1 (one) year from the COD, except with the prior approval of SECI. In
the event the successful bidder is a consortium, then the combined shareholding of the
consortium members in the SPV/project company executing the PPA, shall not fall below
51% at any time prior to 1 (one) year from COD, except with the prior approval of SECI.
However, in case the Project is being set up by a listed Company, this condition will not
be applicable.
18.4 In case of the successful Bidder itself executing the PPA, it shall ensure that its promotors
shall not cede control (Control shall mean the ownership, directly or indirectly, of more
than 50% of the voting shares of such Company or right to appoint majority Directors), till
1 (one) year from the COD, except with the prior approval of SECI. However, in case the
Project is being set up by a listed Company, this condition will not be applicable.
18.5 In case of companies having multiple promoters (but none of the shareholders having
more than 50% of voting rights and paid up share capital), it shall be considered as a
company under joint control. In such cases, the shareholding pattern in the company as
submitted at the time of bidding, shall be maintained for a period of 01 (one) year after
COD.
18.6 Any change in the shareholding after the expiry of 1 year from COD can be undertaken
under intimation to SECI. Transfer of controlling shareholding of the company
developing the project within the same group of companies will however be allowed after
COD with the permission of SECI, subject to the condition that, the management control
remains within the same group of companies.
19.1 Single stage, double envelope bidding followed by e-Reverse Auction has been
envisaged under this RfS. Bidders have to submit both Techno-Commercial Bid and
Financial Bid (Tariff) together in response to this RfS online. The preparation of bid
proposal has to be in the manner described in Clause No. 23, Section-II, Instructions to
Bidders (ITB) of RfS.
The bidder including its Parent, Affiliate or Ultimate Parent or any Group Company shall
submit a single response to RfS.
In the event any Member of the Bidding Consortium (other than Lead Member) is a
foreign entity, it may submit Board Resolutions in place of Power of Attorney for the
purpose of fulfilling the requirements under this clause. Provided that such Board
Resolutions shall be supported by an unqualified opinion issued by the legal counsel
of such foreign entity stating that the Board Resolutions are in compliance with the
applicable laws of the respective jurisdictions of the issuing Company and the
authorizations granted therein are true and valid.
4. Board Resolutions, as per prescribed formats enclosed as per Format 7.4 duly
certified by the Company Secretary or the Director of the relevant Bidder, as
applicable to the Bidder and mentioned hereunder:
a. Board resolution from the Bidding Company or the Lead Member of the
Consortium, as the case may be, in favour of the person signing the response to
RfS and in the event of selection of the Projects and to sign the PPA with SECI.
Additionally, Board Resolution from each of the Consortium Members in favour
of the person signing Consortium Agreement shall also be submitted.
b. Board Resolution from the Bidding Company committing 100% (One Hundred
Percent) of the equity requirement for the Project/ Board Resolutions from each
of the Consortium Members together in aggregate committing to 100% (One
Hundred Percent) of equity requirement for the Project (in case of Bidding
Consortium); and
c. Board Resolutions from each of the Consortium Members and Lead Member
contributing such additional amount over and above the percentage limit
(specified for the Lead Member and other member in the Consortium Agreement)
to the extent becoming necessary towards the total equity share in the Project
Company, obligatory on the part of the Consortium pursuant to the terms and
conditions in the Consortium Agreement.
6. Format for Financial Requirements as per Format 7.6 along with the certificate from
practicing Chartered Accountant/Statutory Auditors showing details of computation
of the financial credentials of the Bidder.
8. Format for Technical Criteria as per Format 7.8 (to be filled out separately for each
Project) in line with Clause No. 15, Section-II, Instructions to Bidders (ITB) of RfS.
9. Declaration by the Bidding Company/ Lead Member of Bidding Consortium for the
Proposed Technology Tie Up as per Format 7.9 (to be filled out separately for each
Project).
10. Attachments
identifies the objects relating to Power/ Energy/ Renewable Energy/ Solar Power
plant development.
In case, there is no mention of the above provisions in the MoA/ AoA of the
bidding company, the same has to be amended and submitted prior to
signing of PPA, if the Bidder is selected as Successful Bidder.
d. Certified copies of annual audited accounts for the last financial year, i.e. FY
2016-17.
21.1 Wherever information has been sought in specified formats, the Bidders shall fill in the
details as per the prescribed formats and shall refrain from any deviations and referring
to any other document for providing any information required in the prescribed format.
21.2 The Bidders shall be shortlisted based on the declarations made by them in relevant
schedules of RfS. The documents submitted online will be verified before signing of PPA
in terms of Clause No. 14, Section-II, Instructions to Bidders, ITB of RfS.
21.3 If the Bidder/ Member in a Bidding Consortium conceals any material information or
makes a wrong statement or misrepresents facts or makes a misleading statement in its
response to RfS, in any manner whatsoever, SECI reserves the right to reject such
response to RfS and/ or cancel the Letter of Intent, if issued, and the Bank Guarantee
provided up to that stage shall be encashed. Bidder shall be solely responsible for
disqualification based on their declaration in the submission of response to RfS.
21.4 If the event specified at 21.3 is discovered after the Effective Date of PPA, consequences
specified in PPA shall apply.
21.5 Response submitted by the Bidder shall become the property of the SECI and SECI shall
have no obligation to return the same to the Bidder. However, the EMDs submitted by
unsuccessful Bidders shall be returned as specified in Clause no. 11, Section-II,
Instructions to Bidders (ITB) of RfS.
21.6 All documents of the response to RfS (including RfS and subsequent Amendments/
Clarifications/ Addenda, PPA and PSA) submitted online must be digitally signed by the
person authorized by the Board as per Format 7.4.
21.7 The response to RfS shall be submitted as mentioned in Clause No. 20, Section-II,
Instructions to Bidders (ITB) of RfS. No change or supplemental information to a
response to RfS will be accepted after the scheduled date and time of submission of
response to RfS. However, SECI reserves the right to seek additional information from
the Bidders, if found necessary, during the course of evaluation of the response to RfS.
21.8 The bidder shall make sure that the correct, valid and operative Pass-Phrase to decrypt
the relevant Bid-part is submitted into the ‘Time Locked Electronic Key Box (EKB)’ after
the deadline of Bid submission, and before the commencement of the Online Tender
Opening Event (TOE) of Technical bid.
21.9 All the information should be submitted in English language only. In case of foreign
bidders having documents in other than English language, then the documents shall be
translated in English language by certified translator and submitted.
21.10 Bidders shall mention the name of the contact person and complete address and contact
details of the Bidder in the covering letter.
21.11 Response to RfS that are incomplete, which do not substantially meet the requirements
prescribed in this RfS, will be liable for rejection by SECI.
21.12 Response to RfS not submitted in the specified formats will be liable for rejection by SECI.
21.14 Non-submission and/ or submission of incomplete data/ information required under the
provisions of RfS shall not be construed as waiver on the part of SECI of the obligation
of the Bidder to furnish the said data/ information unless the waiver is in writing.
21.15 Only New Delhi Courts shall have exclusive jurisdiction in all matters pertaining to this
RfS.
22 NON-RESPONSIVE BID
The electronic response to RfS submitted by the bidder along with the documents
submitted offline to SECI shall be scrutinized to establish “Responsiveness of the bid”.
Each bidder’s response to RfS shall be checked for compliance with the submission
requirements set forth in this RfS.
(a) Non-submission of Cost of RfS and/ or Processing fee as mentioned in the Bid
Information Sheet;
(c) Response to RfS not received by the due date and time of bid submission;
(d) Non-submission of correct, valid and operative Pass-Phrase to decrypt either the
Technical Bid Part or Financial Bid Part offline before due date and time of submission
of bid;
(e) Non-submission of the original documents mentioned at Clause No. 23.a I, Section-
II, Instructions to Bidders (ITB) of RfS by due date and time of bid submission;
(f) Any indication of tariff in any part of response to the RfS, other than in the financial
bid;
(g) Data filled in the Electronic Form of Financial Bid (Second Envelope), not in line with
the instructions mentioned in the same electronic form;
(h) In case it is found that the Bidding Company including Ultimate Parent Company/
Parent Company/ Affiliate/ Group Companies have submitted more than one
response to this RfS, then all these bids submitted shall be treated as non-responsive
and rejected.
The Bidder has to submit the documents in original as part of Response to RfS to the
address mentioned in Bid Information Sheet before the due date and time of bid
submission.
DD/ Pay order towards Cost of RfS Document as mentioned in Bid Information
Sheet.
Processing Fee in the form DD/ Pay Order as mentioned in the Bid Information
Sheet.
Bank Guarantee towards EMD as mentioned in the Bid Information Sheet (as
per Format 7.3A). One EMD may be submitted for the cumulative capacity
quoted by the Bidder.
Covering Letter as per Format-7.1
Power of Attorney as per Format 7.2 (if applicable),
Board Resolution as per Format 7.4
Consortium Agreement as per Format 7.5 (if applicable)
II. Pass-Phrase Envelope-1: Containing Pass Phrase for Technical Bid duly signed
by the authorized signatory in sealed envelope.
III. Pass-Phrase Envelope-2: Containing Pass Phrase for Financial Bid duly signed by
the authorized signatory in sealed envelope.
Cumulative Capacity of
__________ MW
the projects applied for
No. of Projects Bid for
If the Bidder has submitted offline documents and fails to submit the online bid,
then the same shall be treated as incomplete bid and Cost of RfS, Processing fee
submitted shall be encashed and the EMD(s) shall be returned.
All documents of the response to RfS submitted online must be digitally signed on
www.tcil-india-electronictender.com which should contain the following:
The Bidder shall upload single technical bid containing the scanned copy of
following documents duly signed and stamped on each page by the authorized
person as mentioned below
(a) Formats - 7.1, 7.2 (if applicable), 7.3 A, 7.4, 7.5 (if applicable), 7.6, 7.7 (if
applicable), 7.8, 7.9 as elaborated in Clause No. 20, Section-II, Instructions
to Bidders (ITB).
The bidder will have to fill the Electronic Form provided at the TCIL portal
as part of Technical Bid.
Bidders shall submit the single Financial Bid containing the scanned copy of
following document(s):
Only single tariff bid for the Projects applied for, shall have to be filled online in
the Electronic Form provided at the TCIL portal. The instructions mentioned in
the Financial Bid Electronic Form have to be strictly followed without any
deviation, else the bid shall be considered as non-responsive.
Important Note:
(a) The Bidders shall not deviate from the naming and the numbering formats of
envelops mentioned above, in any manner.
(b) In each of the Envelopes, all the documents enclosed shall be indexed and flagged
appropriately, with the index list indicating the name of the document against each
flag.
(c) All the Envelopes shall be properly sealed with the signature of the Authorized
Signatory running across the sealing of the envelopes.
The selected SPD will have to put a notice board (at least 180cm x 120cm) at its project
site main entrance prominently displaying the following message before declaration of
COD
The Bidder shall submit the response to RfS which shall remain valid up to 180 (One
Hundred Eighty) days from the last date of submission of response to RfS (“Bid Validity”).
SECI reserves the right to reject any response to RfS which does not meet the
aforementioned validity requirement.
The Bidder shall be responsible for all the costs associated with the preparation of the
response to RfS and participation in discussions and attending pre-bid meeting(s) etc.
SECI shall not be responsible in any way for such costs, regardless of the conduct or
outcome of the bid process
27.1 Clarifications/ Doubts, if any, on RfS document may be emailed and/ or submitted
through TCIL portal.
27.2 SECI will make effort to respond to the same in the Pre-Bid Meeting to be held as
mentioned in the Bid Information Sheet. A compiled list of such questionnaire and SECI’s
response will be uploaded in the website www.tcil-india-electronictender.com. If
necessary, amendments, clarifications, elaborations shall be issued by SECI which will
be notified on SECI/ TCIL web site. No separate reply/ intimation will be given for the
above, elsewhere.
27.3 A Pre-Bid Meeting shall be held as mentioned in the Bid Information Sheet (Venue to be
notified later on SECI’s website).
SECI reserves the right to reject any or all of the responses to RfS or cancel the RfS or
annul the bidding process for any project at any stage without assigning any reasons
whatsoever and without thereby any liability.
Timely completion of all the milestones i.e. signing of PPA, meeting Financial Closure
Requirements/ Conditions Subsequent (PPA), Commissioning etc. will be the sole
responsibility of SPD. SECI shall not be liable for issuing any intimations/ reminders to
SPDs for timely completion of milestones and/ or submission of compliance documents.
Any checklist shared with SPD by SECI for compliance of above mentioned milestones
to be considered for the purpose of facilitation only. Any additional documents required
as per the conditions of Guidelines, RfS and PPA must be timely submitted by the SPD.
SECTION - III
QUALIFYING
REQUIREMENTS
FOR BIDDERS
(QR)
A.1 Companies incorporated in India under the Companies Act 1956 or Companies
Act, 2013 including subsequent amendments as applicable.
A.2 Bidding Consortium with one of the Companies as Lead member. Consortium
shortlisted and selected based on this RfS has to necessarily form a Project
Company and get it registered under the Companies Act, 2013 prior to signing
of PPA, keeping the original shareholding of the Bidding Consortium unchanged.
In case applications for multiple Projects have been made by a Consortium,
separate Project Companies can be formed for each Project. For the avoidance
of doubt, it is hereby clarified that the shareholding pattern of the Project
Company shall be identical to the shareholding pattern of the Consortium as
indicated in the Consortium Agreement (Format 7.5).
A.3 A foreign company can also participate on standalone basis or as a member of
consortium at the RfS stage. In case of foreign company participating on
standalone basis and its selection as successful Bidder, it has to form an Indian
Company registered under the Companies Act, 2013 as its fully owned
subsidiary Company (i.e. 100% subsidiary) before signing of PPA. In case a
Foreign Company is selected as the successful Bidder, it shall comply with all
the laws and provisions related to Foreign Direct Investment in India.
In case the foreign company participating as a member of consortium, the clause
no. A.7 mentioned below shall be applicable.
A.4 Limited Liability Companies (LLC) shall be eligible. Further, if such Limited
Liability Companies are selected as successful Bidders, they will have to register
as a Company under the Indian Companies Act, 2013, before signing of PPA,
keeping the original shareholding of LLC unchanged. In case the LLC fails to
incorporate as an Indian Company before signing of PPA or is not able to sign
the PPA with SECI, EMD of such Bidders shall be forfeited.
Note: Limited Liability Companies (LLC) shall be eligible only which are
formed by Companies.
A.5 Limited Liability Partnership (LLPs) are not eligible for participation.
A.6 A Bidder which has been selected as Successful Bidder based on this RfS can
also execute the Project through a Special Purpose Vehicle (SPV) i.e. a Project
Company especially incorporated as a fully owned subsidiary Company (100%
subsidiary) of the successful bidder for setting up of the Project which has to be
registered under the Indian Companies Act, 2013, before signing of PPA.
A.7 Any consortium, if selected as Successful Bidder for the purpose of supply of
power to SECI, shall incorporate a Project company with equity participation by
the Members in line with consortium agreement (to be submitted along with the
response to RfS) before signing of PPA with SECI, i.e. the Project Company
incorporated shall have the same shareholding pattern as given at the time of
submission of response to RfS. This shall not change till the signing of PPA and
the Controlling Shareholding (held by the Lead Member holding not less than
51% of the voting rights and paid up share capital) shall not change from
submission deadline of response to RfS up to one year after the COD of the
Project. Transfer of controlling shareholding within the same group of companies
will however be allowed after COD with the permission of SECI, subject to the
condition that, the management control remains within the same group of
companies.
A.8 The Bidder or any of its Affiliates should not be a wilful defaulter to any lender,
and that there is no major litigation pending or threatened against the Bidder or
any of its Affiliates which are of a nature that could cast a doubt on the ability or
the suitability of the Bidder to undertake the Project. The Bidder shall submit an
undertaking to this effect.
A.9 For avoidance of doubt, it is clarified that the fully owned subsidiary Company as
mentioned in Clauses A.3 and A.6 above should be an immediate 100%
subsidiary of the Bidder, without any intermediaries involved. The following
illustrations are provided to clarify the same:
BIDDER
SCENARIO-1
(100% Shareholding)
-----------------------------------------------------------------------------------------------------------------------------------
BIDDER
ENTITY A (INTERMEDIARY)
(100% Shareholding)
As per the RfS conditions, only Scenario 1 is permissible in case of projects being
implemented by SPVs
B.1 Under this RfS, it is proposed to promote only commercially established and
operational technologies to minimize the technology risk and to achieve timely
commissioning of the Projects. The Bidder may indicate regarding the selection
of technology and its details at the time of submission of bids in the prescribed
Format 7.9. However, the Successful Bidder has to confirm the selection of
technology in line with the above at the time of Financial Closure. The technology
proposed at the time of submission of response to RfS can be changed at the
time of Financial Closure.
B.2 The Bidder is required to undertake to furnish evidence of meeting the above
criteria in line with provisions of Clause No. 15 under the sub title “Financial
Closure” in Section-II, Instructions to Bidders (ITB) of RfS Docuemnts. The
undertaking shall be submitted as per enclosed Format 7.8.
B.3 Detailed technical parameters for Solar PV Projects to be met by SPDs are at
Annexure-A. The Bidders shall strictly comply with the technical parameters
detailed in the Annexure-A.
B.4 The Projects shall also comply with the criteria for power generation detailed in
Clause No. 8 in Section-II, Instructions to Bidders (ITB) of RfS.
C.1 NET-WORTH
a. The Net Worth of the Bidder should be equal to or greater than INR 1.07 Crores
per MW of the quoted capacity, as on the last date of previous Financial Year,
i.e. FY 2016-17.
b. The net worth to be considered for the above purpose will be the cumulative net-
worth of the Bidding Company or Consortium together with the Net Worth of
those Affiliates of the Bidder(s) that undertake to contribute the required equity
funding and performance bank guarantees in case the Bidder(s) fail to do so in
accordance with the RfS.
c. Net Worth to be considered for this clause shall be the total Net Worth as
calculated in accordance with the Companies Act, 2013 and any further
amendments thereto.
C.2 LIQUIDITY
In order to ascertain that the Bidder has sufficient means to manage the fund
requirements for the Project, the Bidder shall be required to demonstrate at least
one of the following parameters:
c. In-principle sanction letter from the lending institutions/ banks of the Bidder,
committing a Line of Credit for a minimum amount of INR 12.5 Lakhs/ MW of the
quoted capacity, towards meeting the working capital requirement of the project
quoted under this RfS. Such letter can also be obtained by the Affiliate(s) of the
Bidder.
C.3 The Bidder may seek qualification on the basis of financial capability of its
Affiliate(s) for the purpose of meeting the qualification requirements as per C.1
and C.2 above. In case of the Bidder being a Bidding Consortium, any Member
may seek qualification on the basis of financial capability of its Affiliate(s). In such
cases, the Bidder shall be required to submit Board Resolutions from the
respective Affiliate(s), undertaking to contribute the required equity funding and
Performance Bank Guarantees in case the Bidder(s) fail to do so in accordance
with the RfS. In case of non-availability of the Board Resolution as required
above, a letter from the CEO/ Managing Director of the respective Affiliate(s),
undertaking the above, shall be required to be submitted and the requisite Board
Resolution from the Affiliate(s) shall be required to be submitted prior to signing
of PPA.
C.4 For the purposes of meeting financial requirements, only latest unconsolidated
audited annual accounts shall be used. However, audited consolidated annual
accounts of the Bidder may be used for the purpose of financial requirements
provided the Bidder has at least twenty six percent (26%) equity in each
Company whose accounts are merged in the audited consolidated account and
provided further that the financial capability of such Companies (of which
accounts are being merged in the consolidated accounts) shall not be considered
again for the purpose of evaluation of any other response to RfS.
Note: In case of foreign Bidders, in the event the Bidder is unable to furnish the
audited accounts for the previous financial year as per the prevalent norm in the
respective country, the Bidder shall submit the audited accounts of the last
financial year for which the audited accounts are available. This, however, would
be acceptable, subject to the condition that the last date of response to this RfS
falls on or within the deadline for completion of audit of annual accounts of
companies, as stipulated by the laws/rules of the respective country, and the
Bidder shall submit the corresponding documentary evidence against the same.
In case the annual accounts are submitted in a language other than English, a
certified English translation from an approved translator shall be required to be
submitted by the Bidder.
C.6 For meeting the above financial eligibility criteria, if the data is provided by the
Bidder in USD, equivalent Indian Rupees of Net Worth and other financial
parameters will be calculated by the Bidder using Reserve Bank of India’s
reference rates prevailing on the date of closing of the accounts for the respective
financial year.
C.7 For currency other than USD, Bidders shall convert such currency into USD as
per the exchange rates certified by their banker prevailing on the relevant date
and used for such conversion. After such conversion, Bidder shall follow the
procedure/ submit document as elaborated in Clause C.6 above.
C.8 In case the response to RfS is submitted by a Consortium, then the financial
requirement (both the Net-Worth and Turnover requirements, if applicable) to be
met by each Member of the Consortium shall be computed in proportion to the
equity commitment made by each of them in the Project Company.
SECTION - IV
DEFINITIONS OF
TERMS
1.1 "ACT" or "ELECTRICITY ACT, 2003" shall mean the Electricity Act, 2003 and include
any modifications, amendments and substitution from time to time;
1.4 “BIDDER” shall mean Bidding Company (including a foreign company) or a Bidding
Consortium submitting the Bid. Any reference to the Bidder includes Bidding Company/
Bidding Consortium, Member of a Bidding Consortium including its successors,
executors and permitted assigns and Lead Member of the Bidding Consortium jointly
and severally, as the context may require; foreign companies participating in the bidding
process shall be registered as companies as per the rules of their country of origin;
1.6 “BLOCK” shall mean a minimum capacity to be installed at a single location, which shall
be not less than 25 MW and shall be only in multiples of 25 MW. The Blocks shall be
configured in line with Clause 3.3 of Section-II (ITB) of the RfS;
1.7 “CAPACITY UTILIZATION FACTOR (CUF)” shall have the same meaning as provided
in CERC (Terms and Conditions for Tariff determination from Renewable Energy
Sources) Regulations, 2009 as amended from time to time;
For Bidders incorporated in countries other than India, “Chartered Accountant” shall
mean a person or a firm practicing in the respective country and designated/ registered
under the corresponding Statutes/ laws of the respective country;
1.9 “COMPANY” shall mean a body corporate incorporated in India under the Companies
Act, 1956 or the Companies Act, 2013, as applicable;
1.10 “COMMERCIAL OPERATION DATE (COD)” shall mean the date as defined in Clause
no. 17, Section-II, Instructions to Bidders (ITB) of RfS;
1.11 “CONTRACTED CAPACITY” shall mean the AC capacity in MW contracted with SECI
for supply by the SPD to SECI at the Delivery Point from the Solar Power Project;
1.12 “CONTRACT YEAR” shall mean the period beginning from the Effective Date and
ending on the immediately succeeding 31st March and thereafter each period of 12
months beginning on 1st April and ending on 31st March provided that:
(a) in the financial year in which the Scheduled Commissioning Date would occur,
the Contract Year shall end on the date immediately before the Scheduled
Commissioning Date and a new Contract Year shall commence once again from
the Scheduled Commissioning Date and end on the immediately succeeding 31st
March, and thereafter each period of 12 (Twelve) Months commencing on 1st April
and ending on 31st March, and
(b) provided further that the last Contract Year of this Agreement shall end on the last
day of the Term of this Agreement;
1.13 “CONTROL” shall mean the ownership, directly or indirectly, of more than 50% (fifty
percent) of the voting shares of such Company or right to appoint majority Directors;
1.14 “CONTROLLING SHAREHOLDING” shall mean more than 50% of the voting rights
and paid up share capital in the Company/ Consortium;
1.15 “CENTRAL TRANSMISSION UTILITY (CTU)” shall mean the Central Transmission
Utility as defined in sub-section (10) of section 2 of the Electricity Act 2003;
1.17 “EFFECTIVE DATE” shall mean the date as on 90th day from the date of issuance of
Letter of Intent (LOI), which shall be indicated in the Power Purchase Agreement (PPA)
executed by both the parties;
1.18 “EQUITY” shall mean Net Worth as defined in Companies Act, 2013;
1.20 “GUIDELINES” shall mean the “Guidelines for Tariff Based Competitive Bidding
Process for Procurement of Power from Grid Connected Solar PV Power Projects”
issued by the Ministry of Power vide Resolution dated 03.08.2017;
(a) a Company which, directly or indirectly, holds 10% (Ten Percent) or more of the
share capital of the Company or;
(b) a Company in which the Company, directly or indirectly, holds 10% (Ten Percent) or
more of the share capital of such Company or;
(c) a Company in which the Company, directly or indirectly, has the power to direct or
cause to be directed the management and policies of such Company whether
through the ownership of securities or agreement or any other arrangement or
otherwise or;
(d) a Company which, directly or indirectly, has the power to direct or cause to be
directed the management and policies of the Company whether through the
ownership of securities or agreement or any other arrangement or otherwise or;
(e) a Company which is under common control with the Company, and control means
ownership by one Company of at least 10% (Ten Percent) of the share capital of the
other Company or power to direct or cause to be directed the management and
policies of such Company whether through the ownership of securities or agreement
or any other arrangement or otherwise;
Provided that a financial institution, scheduled bank, foreign institutional investor, Non-
Banking Financial Company, and any mutual fund shall not be deemed to be Group
Company, and its shareholding and the power to direct or cause to be directed the
management and policies of a Company shall not be considered for the purposes of this
definition unless it is the Project Company or a Member of the Consortium developing
the Project;
1.22 “INTER-CONNECTION POINT/ DELIVERY/ METERING POINT” shall mean the point
at 220kV or above, where the power from the Solar Power Projects is injected into the
identified CTU Substation (including the dedicated transmission line connecting the solar
power Projects with the substation system) as specified in the RfS document. Metering
shall be done at this interconnection point where the power is injected into. For
interconnection with grid and metering, the SPDs shall abide by the relevant CERC/
SERC Regulations, Grid Code and Central Electricity Authority (Installation and
Operation of Meters) Regulations, 2006 as amended and revised from time to time.
1.23 “JOINT CONTROL” shall mean a situation where a company has multiple promoters
(but none of the shareholders has more than 50% of voting rights and paid up share
capital);
Note: The shareholding of the Lead member in the Project Company (Special Purpose
Vehicle) cannot be changed till 01 (One) year after the Commercial Operation Date
(COD) of the Project;
1.25 “LETTER OF INTENT” or “LOI” shall mean the letter issued by Solar Energy
Corporation of India Limited (SECI) to the selected Bidder for award of the Project;
1.30 “NET-WORTH” means the Net-Worth as defined section 2 of the company Act, 2013;
1.31 “PAID-UP SHARE CAPITAL” shall mean the paid-up share capital as defined in
Section 2 of the Company Act, 2013;
1.32 “PARENT” shall mean a Company, which holds more than 50% voting rights and paid
up share capital, either directly or indirectly in the Project Company or a Member in a
Consortium developing the Project;
1.33 “POOLING SUBSTATION/ POOLING POINT” shall mean a point where more than one
Solar PV Project may connect to a common Transmission System. Multiple Projects can
be connected to a pooling substation from where common transmission system shall be
constructed and maintained by the SPD(s) to get connected to the ISTS substation. The
voltage level for such common line shall be 220 kV and above. Further, the metering of
the pooled power shall be done at the injection point, i.e. the ISTS substation. However,
the voltage level of transmission system of individual projects up to the pooling
substation may be at 33 kV and above. Sub-meters shall be installed at the pooling
substation for metering and forecasting and scheduling of individual Projects. The losses
in the common transmission system up to the injection point shall be
apportioned to the individual Projects for the purpose of billing;
1.35 “PPA” shall mean the Power Purchase Agreement signed between the Successful SPD
and SECI according to the terms and conditions of the standard PPA enclosed with this
RfS;
1.36 “PACKAGE” shall mean cumulative installation of 50 MW and above (consisting of not
more than 2 Blocks), to be interconnected at a single CTU substation. A Project may be
divided into 2 or more Packages by the Bidder and shall be configured in line with Clause
3.3 of Section-II (ITB) of the RfS;
1.37 “POWER PROJECT” or “SOLAR POWER PROJECT” or “PROJECT” shall mean the
solar power generation facility having separate points of injection into the grid at Inter-
connection/ Delivery/ Metering Point, or in case of sharing of transmission lines by
separate injection at Pooling Point and having a separate boundary, control systems
and metering. As illustrated in Cl. 3.3 of Section II (ITB) of the RfS, a Project may
comprise 2 or more than 2 Packages, which may be further sub-divided into Blocks. In
case of the Project being sub-divided into 2 or more than 2 Packages, the
Interconnection Point for the Project shall be the Interconnection Point of each Package,
where metering shall be done individually for each Package. The Project and/or
Package(s) shall include all units and auxiliaries such as water supply, treatment or
storage facilities, bay(s) for transmission system in the switchyard, dedicated
transmission line up to the Delivery Point and all the other assets, buildings/structures,
equipment, plant and machinery, facilities and related assets required for the efficient
and economic operation of the power generation facility, whether completed or at any
stage of development and construction or intended to be developed and constructed for
the purpose of supply of power to SECI;
1.38 “PROJECT CAPACITY” shall mean the maximum AC capacity at the delivery point that
can be scheduled on which the Power Purchase Agreement shall be signed;
1.41 “RfS DOCUMENT” shall mean the bidding document issued by SECI including all
attachments, clarifications and amendments thereof vide RfS no. SECI/C&P/SPD/
RfS/3000MW/022018 dated 27.02.2018;
1.43 “SELECTED BIDDER” or “SUCCESSFUL BIDDER” shall mean the Bidder selected
pursuant to this RfS to set up the Project and supply electrical output as per the terms
of PPA;
1.44 “SOLAR PV PROJECT” shall mean the Solar Photo Voltaic Power Project that uses
sunlight for direct conversion into electricity through Photo Voltaic Technology;
1.45 “STATE TRANSMISSION UTILITY” or “STU” shall mean the Board or the Government
Company notified by the respective State Government under Sub-Section I of Section
39 of the Electricity Act, 2003;
1.47 “TRADING MARGIN” shall mean the margin on sale of solar power to State Utilities/
Discoms/ other Bulk Consumers under this RfS being charged by SECI and shall be
@INR 0.07/kWh;
1.48 “ULTIMATE PARENT” shall mean a Company, which owns more than 50% (Fifty
Percent) voting rights and paid up share capital, either directly or indirectly in the Parent
and Affiliates;
SECTION - V
BID EVALUATION
AND SELECTION
OF PROJECTS
1 BID EVALUATION
Bid evaluation will be carried out considering the information furnished by Bidders as
per provisions specified in Section-II, Instructions to Bidders (ITB) of this RfS. The
detailed evaluation procedure and selection of bidders are described in subsequent
clauses in this Section.
2.a.1 The first envelope (Technical Bid submitted online) of only those bidders will be opened
by SECI whose required documents as mentioned at Clause No. 23.a, Section-II,
Instructions to Bidders (ITB) of this RfS are received at the office of SECI on or before
the due date and time of bid submission.
2.a.2 Documents (as mentioned in the previous clause) received after the bid submission
deadline specified in the Bid Information Sheet shall be rejected and returned unopened,
if super-scribed properly with address, to the Bidder.
2.a.3 Subject to Clause No. 22, Section-II, Instructions to Bidders (ITB) of this RfS, SECI will
examine all the documents submitted by the Bidders and ascertain meeting of eligibility
conditions prescribed in the RfS. During the examination of the bids, SECI may seek
clarifications/ additional documents to the documents submitted etc. from the Bidders if
required to satisfy themselves for meeting the eligibility conditions by the Bidders.
Bidders shall be required to respond to any clarifications/ additional documents sought
by SECI within 07 (Seven) Days from the date of such intimation from SECI. All
correspondence in this regard shall be made through email/ TCIL portal only. It shall be
the responsibility of the Bidder to ensure that the email id of the authorized signatory of
the Bidder is functional. The Bidder may provide an additional email id of the authorized
signatory in the covering letter. No reminders in this case shall be sent. It shall be the
sole responsibility of the Bidders to remove all the discrepancies and furnish additional
2.a.4 The response to RfS submitted by the Bidder shall be scrutinized to establish Techno-
Commercial eligibility as per RfS.
2.b.1 Second Envelope (containing Tariff) of only those Bidders shall be opened whose
technical bids are found to be qualified.
2.b.2 The Bidder including its Parent, Affiliate or Ultimate Parent or any Group Company will
have to submit a bid (single application) quoting a single tariff per kWh for each applied
Project. The tariff has to be quoted up to two places of decimal only. If it is quoted with
more than two digits after decimal, it shall be ignored after first two decimal places. (For
e.g. if the quoted tariff is INR 2.337, then it shall be considered as INR 2.33).
2.b.3 In this step, evaluation will be carried out for each Project based on tariff quoted by
Bidders. Tariff has to be less than INR 2.93/ kWh. Those bids where the tariff quoted is
more than INR 2.93/ kWh, shall be summarily rejected.
2.b.5 On completion of Techno-Commercial bid evaluation, if it is found that only one or two
Bidder(s) is/are eligible for opening of financial bid, opening of the financial bid of the
bidder will be at the discretion of SECI. Thereafter, SECI will take appropriate action as
deemed fit.
2.b.6 If the tariff quoted is same for two or more Bidders for a particular Project, then all the
Bidders with same tariff shall be considered of equal rank/ standing in the order.
2.b.7 All Bidders with same tariff shall be eligible for reverse auction round (provided their
rank is equal to or less than nth Bidder as mentioned in Clause No. 3.2 of this Section-
V of RfS.
2.b.8 Ranking of Bidders after Financial Bid Evaluation: Following illustrates an example of
ranking of bidders after financial bid opening and evaluation
3.1 The reverse auction for the cumulative Project capacity shall be conducted through
www.tcil-india-electronictender.com portal on the day as intimated by SECI to the
eligible Bidders.
3.2 The Total eligible bidders for the Project for reverse auction shall be decided as
mentioned below:
Assuming
T = Total Techno-Commercially Qualified Bidders, and
Sk = Cumulative capacity till the ‘k’th serial number bidder (not the ‘k’th rank bidder)
after ranking is done in ascending order from L1 onwards
Total eligible Bidders for e-Reverse Auction = Bidders from Sl. No. 1 to Sl. No. n.
For e.g. (Shortlisting of Bidders for reverse auction):
Total bid capacity of techno-commercially shortlisted bidders = ST=3820 MW
Sl. Techno
No. commercially Capacity Shortliste
Rank T m SE n
qualified (MW) d Bidders
Bidder
1 B8 L1 140 B8
2 B5 L2 400 B5
3 B1 L3 600 B1
4 B4 L3 450 B4
5 B2 L4 450 B2
3000
6 B3 L5 500 11 9 10* B3
MW
7 B7 L6 200 B7
8 B6 L7 230 B6
9 B10 L8 140 B10
10 B9 L9 90 B9
11 B11 L10 600
3.3 At least one week prior to reverse auction, an advance intimation regarding the date and
time of the reverse auction will be sent by e-mail to all the Bidders whose technical bids
have been opened and found to be qualified. However, from this advance intimation it
shall not be construed by the Bidders that they have been shortlisted for e-Reverse
Auction (e-RA). Further at least two hours before the schedule start time of e-RA, final
intimation for participation in the e-RA will be sent to all those Bidders only who have
been shortlisted based on the criteria mentioned at Clause No. 3.2 of Section-V of RfS.
3.4 Shortlisted Bidders for e-RA will be able to login into the TCIL website of reverse
auction15 minutes before the start time of reverse auction.
3.4.1 During the 15 minutes prior to start of reverse auction process, the respective tariff of
the Bidder shall be displayed on its window.
3.4.2 The minimum decrement value for tariff shall be INR 0.01 per kWh. The Bidder can
mention its revised discounted tariff which has to be at least 1 (One) Paisa less than its
current tariff.
3.4.3 Bidders can only quote any value lower than their previous quoted tariff taking into
consideration the minimum decrement value mentioned in the previous clause.
However, at any stage, increase in tariff will not be permissible. Bidders can improve
their ranking by quoting the tariff lower than their last quoted tariff.
3.4.4 During reverse auction, the Bidder shall not have the option of changing the total Project
capacity while quoting tariff during reverse auction.
3.4.5 In the Bidder’s bidding window, the following information can be viewed by the Bidder:
a. Its tariff as the initial start price and there after last quoted tariff along with the Project
capacity for which the Bidder is qualified.
b. The list of all the Bidders with their following details: Pseudo Identity, last quoted
tariff and project capacity
3.4.6 The initial auction period will be of 01 (One) Hour with a provision of auto extension by
15 (fifteen) Minutes from the scheduled/ extended closing time if any Bidder becomes
eligible to the win a project capacity from the total capacity being auctioned, in last eight
minutes of auction period or extended auction period. If no such valid bid is received
during last 15 minutes of auction period or extended auction period, then the reverse
auction process will get closed.
4.1 The Bidders shall be selected in the ascending order with lowest quoted tariff (being L1)
and so on till the total capacity (SE) is exhausted. Some of the possible scenarios
including, but not limited to, are shown below:
Scenario 1:
Scenario 2:
Scenario 3:
4.2 The lowest quoting Bidder will be allotted its qualified project capacity and then, next
higher Bidder will be allotted its qualified project capacity and so on, till the total project
capacity (i.e. 3000 MW) is exhausted.
4.3 Note: The allocation of cumulative project capacity shall be closed at 3000 MW.
However, in no case, shall the capacity of a single Project selected under this RfS, be
less than 250 MW. In case of the last selected Bidder, if the balance project capacity is
less than the total capacity mentioned by the Bidder but greater than 250 MW, then the
project with highest preference (as mentioned in the Covering Letter) shall be awarded
to the Bidder (if applicable), subject to the maximum cumulative capacity not exceeding
3000 MW, being awarded under the RfS.
In case the partial capacity offered to the last Bidder after completion of the e-RA is
lower than 50% of the total quoted capacity by such Bidder, the Bidder shall have an
option to refuse such offered partial capacity, and the BG against EMD submitted by
such Bidder shall be returned along with those of the unsuccessful Bidders.
In case the partial capacity offered to the last Bidder after completion of the e-RA is
greater than or equal to 50% of the total quoted capacity by such Bidder, it shall be
mandatory for the last Bidder to accept the partial capacity offered against its quoted
capacity, subject to the total cumulative capacity awarded after e-RA to the successful
Bidders not exceeding 3000 MW. In case the last Bidder refuses to accept such partial
capacity offered by SECI, the Bank Guarantee against EMD submitted by such Bidder
shall be encashed by SECI.
4.4 In case of a tie among two or more Bidders (i.e. their last quoted tariff being the same
at the end of the e-RA), they will be considered in the chronological order of their last
bid with preference to that Bidder who has quoted his last bid earlier than others.
In the above case, if the time of quote also become exactly same among the Bidders at
a tie, then the ranking among these Bidders shall be done as follows:
Step 1: Lowest rank will be given to the Bidder who has quoted the lowest in Financial
Bid (Electronic Form) and so on. If there is also a tie among any of these
bidders, then the following step (Step 2) will be followed.
Step 2: Ranking will be done based on draw of lots.
4.5 At the end of selection process, a Letter of Intent (LOI) will be issued to the successful
Bidders for each Project. In case of a Consortium being selected as the successful
Bidder, the LOI shall be issued to the Lead Member of the Consortium.
In all cases, SECI’s decision regarding selection of Bidder through Reverse Auction or
other- wise based on tariff or annulment of tender process shall be final and binding on
all participating bidders.
SECTION - VI
OTHER
PROVISIONS
It is envisaged that the State Government shall appoint any Agency as a State Level
Agency which will provide necessary support to facilitate the required approvals and
sanctions in a time bound manner so as to achieve commissioning of the Projects within
the scheduled Timeline. This may include facilitation in the following areas:
Coordination among various State and Central agencies for speedy implementation
of projects
Support during commissioning of projects and issue of commissioning certificates.
2 ROLE OF STU/CTU/PGCIL
SECTION - VII
The following formats are required to be submitted as part of the RfS. These formats are
designed to demonstrate the Bidder’s compliance with the Qualification Requirements set
forth in Section - III and other submission requirements specified in the RfS
xii) Format for Preliminary Estimate of Cost of Solar PV Project (Format 7.11)
xvi) Special Instructions to Bidders for e-Tendering and Reverse Auction (Annexure-D)
Format 7.1
COVERING LETTER
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/ Lead
Member of Consortium)
From: ____________ (Insert name and address of Bidding Company/ Lead Member of Consortium)
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Solar Energy Corporation of India Limited
(A Government of India Enterprise)
D - 3, 1st Floor, Wing - A, Prius Platinum Building
District Centre, Saket, New Delhi - 110 017
We, the undersigned ……. [insert name of the ‘Bidder’] having read, examined and understood
in detail the RfS including Qualification Requirements in particular, terms and conditions of the
standard PPA for supply of power for 25 years to SECI, hereby submit our response to RfS.
We confirm that in response to the aforesaid RfS, neither we nor any of our Ultimate
Parent Company/ Parent Company/ Affiliate/ Group Company has submitted response to
RfS other than this response to RfS, directly or indirectly, in response to the aforesaid RfS
(as mentioned in Format 7.7 under Disclosure). We also confirm that we including our
Ultimate Parent Company/ Parent Company/ Affiliate/ Group Companies directly or
indirectly have not submitted response to RfS for more than cumulative capacity of 750 MW,
including this response to RfS.
*The preferences of the Projects shall be considered only for the last successful bidder whose total quoted
capacity is more than the balance capacity. In this case, allocation will be done as described in Clause 4.3 of
Section V of the RfS.
(Note: The Bidder must ensure the project capacity mentioned should be more than or equal to
250 MW and less than or equal to 750 MW for each project. Delete/Insert rows as applicable)
1. We give our unconditional acceptance to the RfS, dated …………….…. [Insert date in
dd/mm/yyyy], standard PPA and PSA documents attached thereto, issued by SECI. In
token of our acceptance to the RfS, PPA and PSA documents along with the
amendments and clarifications issued by SECI, the same have been digitally signed by
us and enclosed with the response to RfS. We shall ensure that the PPA is executed as
per the provisions of the RfS and provisions of PPA and shall be binding on us. Further,
we confirm that the Project shall be commissioned within 15 months of the Effective
Date of PPA.
2. Earnest Money Deposit (EMD): - (Please read Clause No. 10, Section-II, ITB carefully
before filling)
We have enclosed EMD of INR …………. (Insert Amount), in the form of Bank
Guarantee no…………. [Insert bank guarantee number] dated ………. [Insert date of
bank guarantee] as per Format 7.3A from ………… [Insert name of bank providing bank
guarantee] and valid up to………….in terms of Clause No. 10, Section-II, ITB of this RfS.
The total capacity of the Solar PV Project offered by us is …………. MW [Insert
cumulative capacity proposed].
3. We hereby declare that in the event our Project(s) get selected and we are not able to
submit Bank Guarantee of the requisite value(s) towards PBG within due time as
mentioned in Clause No. 11, Section-II, ITB of this RfS on issue of LOI by SECI for the
selected Projects and/ or we are not able to sign PPA with SECI within the prescribed
timelines with SECI for the selected Projects, SECI shall have the right to encash the
EMD submitted by us and return the balance amount (if any) for the value of EMD
pertaining to unsuccessful capacity.
4. We have submitted our response to RfS strictly as per Section - VII (Sample Forms and
Formats) of this RfS, without any deviations, conditions and without mentioning any
assumptions or notes in the said Formats.
5. We hereby declare that during the selection process, in the event our bid happens to be
the last bid in the list of successful bids and SECI offers a capacity which is greater than
or equal to 50% of our quoted capacity due to overall bid capacity limit, we shall accept
such offered capacity.
6. Acceptance: -
We hereby unconditionally and irrevocably agree and accept that the decision made by
SECI in respect of any matter regarding or arising out of the RfS shall be binding on us.
We hereby expressly waive and withdraw any deviations and all claims in respect of this
process.
We confirm that we have studied the provisions of the relevant Indian Laws and
Regulations as required to enable us to submit this response to RfS and execute the
PPA, in the event of our selection as Successful Bidder.
8. In case of our selection as the Successful bidder under the scheme and the project being
executed by a Special Purpose Vehicle (SPV) incorporated by us which shall be our
100% subsidiary, we shall infuse necessary equity to the requirements of RfS. Further
we will submit a Board Resolution prior to signing of PPA with SECI, committing total
equity infusion in the SPV as per the provisions of RfS.
9. We hereby undertake that in the event of our project being selected under the RfS, we
shall be solely responsible for getting the connectivity prior to commissioning of the
Project. In the event of delay in commissioning with the grid of CTU beyond 06 months,
the provisions of the RfS/ relevant articles of PPA shall be applied on such projects.
Further, the project shall not be considered as commissioned unless the connectivity
with CTU grid is established.
10. We are submitting our response to the RfS with formats duly signed as desired by you
in the RfS online for your consideration.
11. It is confirmed that our response to the RfS is consistent with all the requirements of
submission as stated in the RfS, including all clarifications and amendments and
subsequent communications from SECI.
12. The information submitted in our response to the RfS is correct to the best of our
knowledge and understanding. We would be solely responsible for any errors or
omissions in our response to the RfS.
13. We confirm that all the terms and conditions of our Bid are valid up to _________ (Insert
date in dd/mm/yyyy) for acceptance [i.e. a period of 180 (One Hundred Eighty) Days
from the last date of submission of response to RfS].
15. We have neither made any statement nor provided any information in this Bid, which to
the best of our knowledge is materially inaccurate or misleading. Further, all the
confirmations, declarations and representations made in our Bid are true and accurate.
In case this is found to be incorrect after our selection as Successful Bidder, we agree
that the same would be treated as a Seller’s event of default under PPA and consequent
provisions of PPA shall apply.
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.
Format 7.2
(To be provided by each of the other members of the Consortium in favor of the Lead
Member)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate
Value)
We also authorize the said Lead Member to undertake the following acts:
It is expressly understood that in the event of the Consortium being selected as Successful
Bidder, this Power of Attorney shall remain valid, binding and irrevocable until the Bidding
Consortium achieves execution of PPA.
We as the Member of the Consortium agree and undertake to ratify and confirm all whatsoever
the said Attorney/ Lead Member has done on behalf of the Consortium Members pursuant to
this Power of Attorney and the same shall bind us and deemed to have been done by us.
M/s………………………….
---------------------------------
(Signature, Name, Designation and Address
of the person authorized by the board of the Lead Member)
Attested
---------------------
(Signature of the executant)
------------------------------
(Signature & stamp of Notary of the place of execution)
Place: ----------------
Date: ------------------
Lead Member in the Consortium shall have the controlling shareholding in the Company
as defined in Section-IV, Definition of Terms of the RfS.
Format 7.3A
Reference: ……………………………….
Bank Guarantee No.: ........................…
Date: ...................……...
In consideration of the ----- [Insert name of the Bidder] (hereinafter referred to as 'Bidder')
submitting the response to RfS inter alia for selection of the Project/ Projects of the cumulative
capacity of ………. MW [Insert cumulative Project capacity proposed] for supply of power there
from on long term basis, in response to the RfS No. ____________ dated ___________ issued
by Solar Energy Corporation of India Limited (hereinafter referred to as SECI) and SECI
considering such response to the RfS of ………[insert the name of the Bidder] as per the terms
of the RfS, the _______________ [insert name & address of bank] hereby agrees
unequivocally, irrevocably and unconditionally to pay to SECI at [Insert Name of the Place from
the address of SECI] forthwith on demand in writing from SECI or any Officer authorized by it in
this behalf, any amount upto and not exceeding Rupees ________________ [Insert amount not
less than that derived on the basis of Rs. 10 Lakhs per MW of cumulative capacity proposed],
only, on behalf of M/s _______________________ [Insert name of the Bidder].
This guarantee shall be valid and binding on this Bank up to and including ___________[insert
date of validity in accordance with Clause No. 10, Section-II, ITB of this RfS] and shall not be
terminable by notice or any change in the constitution of the Bank or the term of contract or by
any other reasons whatsoever and our liability hereunder shall not be impaired or discharged
by any extension of time or variations or alternations made, given, or agreed with or without our
knowledge or consent, by or between parties to the respective agreement.
Our liability under this Guarantee is restricted to INR ___________ (Indian Rupees
________________________ only). Our Guarantee shall remain in force until
_______________ [insert date of validity in accordance with Clause No. 10, Section-II, ITB of
this RfS]. SECI shall be entitled to invoke this Guarantee till _________ [insert date of validity
in accordance with Clause No. 10, Section-II, ITB of this RfS].
The Guarantor Bank hereby agrees and acknowledges that the SECI shall have a right to invoke
this BANK GUARANTEE in part or in full, as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to
the written demand by SECI, made in any format, raised at the above mentioned address of the
Guarantor Bank, in order to make the said payment to SECI.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by _______________ [Insert name of the Bidder]
and/ or any other person. The Guarantor Bank shall not require SECI to justify the invocation of
this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against SECI in
respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at New Delhi shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly
SECI shall not be obliged before enforcing this BANK GUARANTEE to take any action in any
court or arbitral proceedings against the Bidder, to make any claim against or any demand on
the Bidder or to give any notice to the Bidder or to enforce any security held by SECI or to
exercise, levy or enforce any distress, diligence or other process against the Bidder.
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to SECI and
may be assigned, in whole or in part, (whether absolutely or by way of security) by SECI to any
entity to whom SECI is entitled to assign its rights and obligations under the PPA.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted
to INR ___________ (Indian Rupees ________________________ Only) and it shall remain in
force until ___________ [Date to be inserted on the basis of Clause No. 10, Section-II, ITB of
this RfS].
We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only
if SECI serves upon us a written claim or demand.
Signature: ____________________
Name: ___________________
For
______ [Insert Name and Address of the Bank] __
Format 7.3B
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate
Value)
Reference: ……………………………….
Bank Guarantee No.: ........................…
Date: ...................……...
This guarantee shall be valid and binding on this Bank up to and including ………. and shall
not be terminable by notice or any change in the constitution of the Bank or the term of contract
or by any other reasons whatsoever and our liability hereunder shall not be impaired or
discharged by any extension of time or variations or alternations made, given, or agreed with or
without our knowledge or consent, by or between parties to the respective agreement.
Our liability under this Guarantee is restricted to INR ___________ (Indian Rupees
________________________ Only).
Our Guarantee shall remain in force until……………. SECI shall be entitled to invoke this
Guarantee till ……….
The Guarantor Bank hereby agrees and acknowledges that SECI shall have a right to invoke
this BANK GUARANTEE in part or in full, as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to
the written demand by SECI, made in any format, raised at the above mentioned address of the
Guarantor Bank, in order to make the said payment to SECI.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by __________________ [Insert name of the
selected Solar Power Developer/ Project Company as applicable] and/ or any other person. The
Guarantor Bank shall not require SECI to justify the invocation of this BANK GUARANTEE, nor
shall the Guarantor Bank have any recourse against SECI in respect of any payment made
hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at New Delhi shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly
SECI shall not be obliged before enforcing this BANK GUARANTEE to take any action in any
court or arbitral proceedings against the selected Solar Power Developer/ Project Company, to
make any claim against or any demand on the selected Solar Power Developer/ Project
Company or to give any notice to the selected Solar Power Developer/ Project Company or to
enforce any security held by SECI or to exercise, levy or enforce any distress, diligence or other
process against the selected Solar Power Developer / Project Company .
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to SECI and
may be assigned, in whole or in part, (whether absolutely or by way of security) by SECI to any
entity to whom SECI is entitled to assign its rights and obligations under the PPA.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted
to INR ___________ (Indian Rupees ________________________ Only) and it shall remain in
force until ……………. We are liable to pay the guaranteed amount or any part thereof under
this Bank Guarantee only if SECI serves upon us a written claim or demand.
Signature: ____________________
Name: ___________________
For
______ [Insert Name and Address of the Bank] __
Witness:
1. …………………………………….
Signature
Name and Address
2. ………………………………….
Signature
Name and Address
Notes:
1. The Stamp Paper should be in the name of the Executing Bank and of appropriate value.
2. The Performance Bank Guarantee shall be executed by any of the Bank from the List of
Banks enclosed.
Format 7.4
The Board, after discussion, at the duly convened Meeting on ………… [Insert date], with the
consent of all the Directors present and in compliance of the provisions of the Companies Act,
1956 or Companies Act 2013, as applicable, passed the following Resolution:
2. FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 or
Companies Act, 2013, as applicable and compliance thereof and as permitted under the
Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to invest total equity in the Project. (To be provided by the Bidding
Company)
[Note: In the event the Bidder is a Bidding Consortium, in place of the above resolution
at Sl. No. 2, the following resolutions are to be provided]
FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 or
Companies Act, 2013, as applicable and compliance thereof and as permitted under the
Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to invest (-----%) equity [Insert the % equity commitment as specified in
Consortium Agreement] in the Project. (To be provided by each Member of the Bidding
Consortium including Lead Member such that total equity is 100%)
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to participate
in consortium with M/s ------------ [Insert the name of other Members in the Consortium] and Mr/
Ms………………., be and is hereby authorized to execute the Consortium Agreement. (To be
provided by each Member of the Bidding Consortium including Lead Member)
And
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to
contribute such additional amount over and above the percentage limit (specified for the Lead
Member in the Consortium Agreement) to the extent becoming necessary towards the total
equity share in the Project Company, obligatory on the part of the Consortium pursuant to the
terms and conditions contained in the Consortium Agreement dated …………… executed
by the Consortium as per the provisions of the RfS. [To be passed by the Lead Member of
the Bidding Consortium]
3. NOT USED
----------------------------
(Signature, Name and Stamp of Company Secretary)
Notes:
1) This certified true copy should be submitted on the letterhead of the Company, signed
by the Company Secretary/ Director.
2) The contents of the format may be suitably re-worded indicating the identity of the entity
passing the resolution.
3) This format may be modified only to the limited extent required to comply with the local
regulations and laws applicable to a foreign entity submitting this resolution. For
example, reference to Companies Act, 1956 or Companies Act, 2013 as applicable may
be suitably modified to refer to the law applicable to the entity submitting the resolution.
However, in such case, the foreign entity shall submit an unqualified opinion issued by
the legal counsel of such foreign entity, stating that the Board resolutions are in
compliance with the applicable laws of the respective jurisdictions of the issuing
Company and the authorizations granted therein are true and valid.
Format 7.5
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate
Value)
THIS Consortium Agreement (“Agreement”) executed on this ___ Day of ___________ Two
Thousand _____ between M/s _____________________________ [Insert name of Lead
Member] a Company incorporated under the laws of _______ and having its Registered Office
at _________________________________ (hereinafter called the “Member-1”, which
expression shall include its successors, executors and permitted assigns) and M/s
________________________________ a Company incorporated under the laws of
_______ and having its Registered Office at ____________________________________
(hereinafter called the “Member-2”, which expression shall include its successors,
executors and permitted assigns), M/s ____________________________________ a
Company incorporated under the laws of _________ and having its Registered Office at
________________________________
(hereinafter called the “Member-n”, which expression shall include its successors,
executors and permitted assigns), [The Bidding Consortium should list the details of all the
Consortium Members] for the purpose of submitting response to RfS and execution of Power
Purchase Agreement (in case of award), against RfS No. ___________dated _______issued
by Solar Energy Corporation of India Limited (SECI) a Company incorporated under the
Companies Act, 2013, and having its Registered Office at D-3, 1st Floor, Wing-A, Prius
Platinum Building, District Centre, Saket, New Delhi-110017
WHEREAS, each Member individually shall be referred to as the “Member” and all of the
Members shall be collectively referred to as the “Members” in this Agreement.
WHEREAS, SECI had invited response to RfS vide its Request for Selection (RfS) dated
____________
WHEREAS the RfS stipulates that in case response to RfS is being submitted by a Bidding
Consortium, the Members of the Consortium will have to submit a legally enforceable
Consortium Agreement in a format specified by SECI wherein the Consortium Members have
to commit equity investment of a specific percentage for the Project.
In consideration of the above premises and agreements all the Members in this Bidding
Consortium do hereby mutually agree as follows:
1. We, the Members of the Consortium and Members to the Agreement do hereby
unequivocally agree that Member-1 (M/s_______________), shall act as the Lead
Member as defined in the RfS for self and agent for and on behalf of Member-2, -----,
Member-n and to submit the response to the RfS.
2. The Lead Member is hereby authorized by the Members of the Consortium and
Members to the Agreement to bind the Consortium and receive instructions for and on
their behalf.
3. Notwithstanding anything contrary contained in this Agreement, the Lead Member shall
always be liable for the equity investment obligations of all the Consortium Members i.e.
for both its own liability as well as the liability of other Members.
4. The Lead Member shall be liable and responsible for ensuring the individual and
collective commitment of each of the Members of the Consortium in discharging all of
their respective equity obligations. Each Member further undertakes to be individually
liable for the performance of its part of the obligations without in any way limiting the
scope of collective liability envisaged in this Agreement.
5. Subject to the terms of this Agreement, the share of each Member of the Consortium in
the issued equity share capital of the Project Company is/shall be in the following
proportion:
Name Percentage
Member 1 ---
Member 2 ---
Member n ---
Total 100%
We acknowledge that after the execution of PPA, the controlling shareholding (having
not less than 51% of the voting rights and paid up share capital) in the Project Company
developing the Project shall be maintained for a period of 01 (One) Year after
commencement of supply of power.
6. The Lead Member, on behalf of the Consortium, shall inter alia undertake full
responsibility for liaising with Lenders or through internal accruals and mobilizing debt
resources for the Project, and ensuring that the Seller achieves Financial Closure in
terms of the PPA.
7. In case of any breach of any equity investment commitment by any of the Consortium
Members, the Lead Member shall be liable for the consequences thereof.
9. It is further specifically agreed that the financial liability for equity contribution of the Lead
Member shall not be limited in any way so as to restrict or limit its liabilities. The Lead
Member shall be liable irrespective of its scope of work or financial commitments.
10. This Agreement shall be construed and interpreted in accordance with the Laws of India
and courts at New Delhi alone shall have the exclusive jurisdiction in all matters relating
thereto and arising thereunder.
11. It is hereby further agreed that in case of being selected as the Successful Bidder, the
Members do hereby agree that they shall furnish the Performance Guarantee in favour
of SECI in terms of the RfS.
12. It is further expressly agreed that the Agreement shall be irrevocable and shall form an
integral part of the Power Purchase Agreement (PPA) and shall remain valid until the
expiration or early termination of the PPA in terms thereof, unless expressly agreed to
the contrary by SECI.
13. The Lead Member is authorized and shall be fully responsible for the accuracy and
veracity of the representations and information submitted by the Members respectively
from time to time in the response to RfS.
14. It is hereby expressly understood between the Members that no Member at any given
point of time, may assign or delegate its rights, duties or obligations under the PPA
except with prior written consent of SECI.
16. All the terms used in capitals in this Agreement but not defined herein shall have the
meaning as per the RfS and PPA.
-----------------------------------------
(Signature, Name & Designation of the person authorized vide Board Resolution Dated
_________)
Witnesses:
For M/s-----------------------------[Member 2]
-----------------------------------------
(Signature, Name & Designation of the person authorized vide Board Resolution Dated
_________)
Witnesses:
1) Signature ----------------------- 2) Signature ----------------------
Name: Name:
Address: Address:
For M/s-----------------------------[Member n]
-----------------------------------------
(Signature, Name & Designation of the person authorized vide Board Resolution Dated
_________)
Witnesses:
1) Signature ----------------------- (2) Signature ----------------------
Name: Name:
Address: Address:
__________________________________________
Signature and stamp of Notary of the place of execution
Format 7.6
From: ____________ (Insert name and address of Bidding Company/ Lead Member of Consortium)
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Solar Energy Corporation of India Limited
D - 3, 1st Floor, Wing - A, Prius Platinum Building
District Centre, Saket, New Delhi - 110 017
This Net Worth has been calculated in accordance with instructions provided in Clause No. C1,
Section-III, Qualifying Requirements (QR) of the RfS as amended.
Company 1
Total
*The column for “Relationship with Bidding Company” is to be filled only in case the financial capability
of Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to
establish the relationship, duly certified by a practicing company secretary/ chartered accountant is
required to be attached with the format.
Net Worth Requirement to be met by Member in Proportion to the Equity Commitment: INR ---
---------- Crore (Equity Commitment (%) * Rs. [ ] Crore)
For the above calculations, we have considered Net Worth by Member in Bidding Consortium
and/ or its Affiliate(s) per following details:
Name of
Name of Relationship Equity Committed
Affiliate(s)
Consortium with Bidding Net Worth Commitment (in Net Worth
whose net worth
Member Company* (in Rs. Crore) %age) in Bidding (in Rs.
is to be
Company (If Any) Consortium Crore)
considered
Company 1
---
---
Total
* The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Affiliate has
been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly
certified by a practicing company secretary/chartered accountant is required to be attached with the format
Further, we certify that the Bidding Company/ Member in the Bidding Consortium has an Annual
Turnover of INR _________ (________in words) as on the end of Financial Year 2016-17.
(Strike out if not applicable)
Exhibit (i): Applicable in case of Bidding Company
For the above calculations, we have considered the Annual Turnover by Bidding Company and/
or its Affiliate(s) as per following details:
Name of Affiliate(s) whose Relationship
Name of Bidding Annual Turnover
Annual Turnover is to be with Bidding
Company (In Rs. Crore)
considered Company*
Company 1
Total
*The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Affiliate has
been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly
certified by a practicing company secretary/chartered accountant is required to be attached with the format.
For the above calculations, we have considered Annual Turnover by Member in Bidding
Consortium and/ or its Affiliate(s) as per following details:
Name of
Name of Relationship Equity Proportionate
Affiliate(s) Annual
Consortium with Bidding Commitment (in Annual
whose Annual Turnover
Member Company* %age) in Bidding Turnover
Turnover is to (in Rs. Crore)
Company (If Any) Consortium (in Rs. Crore)
be considered
Company 1
---
---
Total
* The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Affiliate has
been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly
certified by a practicing company secretary/chartered accountant is required to be attached with the format
Further, we certify that the Bidding Company/ Member in the Bidding Consortium has a Profit
Before Depreciation Interest and Taxes (PBDIT) of INR __________(in words) as on the end
of Financial Year 2016-17. (Strike out if not applicable)
Company 1
Total
*The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Affiliate has
been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly
certified by a practicing company secretary/chartered accountant is required to be attached with the format.
PBDIT Requirement to be met by Member in Proportion to the Equity Commitment: INR --------
-----Crore (Equity Commitment (%) * Rs. [ ] Crore)
For the above calculations, we have considered PDBIT by Member in Bidding Consortium and/
or its Affiliate(s) as per following details:
Name of
Name of Relationship Equity
Affiliate(s) Proportionate
Consortium with Bidding PDBIT Commitment (in
whose PBDIT is PBDIT
Member Company* (in Rs. Crore) %age) in Bidding
to be (in Rs. Crore)
Company (If Any) Consortium
considered
Company 1
---
---
Total
* The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of Affiliate has
been used for meeting Qualification Requirements. Further, documentary evidence to establish the relationship, duly
certified by a practicing company secretary/chartered accountant is required to be attached with the format
(Signature & Name of the Authorized Signatory) (Signature and Stamp of CA)
Membership No.
Regn. No. of the CA’s Firm:
Note: (i) Along with the above format, in a separate sheet on the letterhead of the Chartered
Accountant’s Firm, provide details of computation of Net Worth and Annual Turnover duly
certified by the Chartered Accountant.
(ii) Certified copies of Balance sheet, Profit & Loss Account, Schedules and Cash Flow
Statements are to be enclosed in complete form along with all the Notes to Accounts.
Format 7.7
DISCLOSURE
From: ____________ (Insert name and address of Bidding Company/ Lead Member of Consortium)
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Solar Energy Corporation of India Limited
(A Government of India Enterprise)
D - 3, 1st Floor, Wing - A, Prius Platinum Building
District Centre, Saket, New Delhi - 110 017
Sub: Response to RfS No. ………… dated …………. for Selection of Solar Power Developers
for Setting up of 3000 MW (250 MW x 12) ISTS Connected Solar Power Projects.
Dear Sir/ Madam,
We hereby declare and confirm that only we are participating in the RfS Selection process for
the RfS No.____________ and that our Parent, Affiliate or Ultimate Parent or any Group
Company with which we have direct or indirect relationship are not separately participating in
this selection process.
We further declare that the above statement is true & correct. We are aware that if at any stage
it is found to be incorrect, our response to RfS will be rejected and if LOI has been issued or
PPA has been signed, the same will be cancelled and the bank guarantees will be encashed
and recoveries will be effected for the payments done.
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.
Format 7.8
From: ____________ (Insert name and address of Bidding Company/ Lead Member of Consortium)
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Solar Energy Corporation of India Limited
(A Government of India Enterprise)
D - 3, 1st Floor, Wing - A, Prius Platinum Building
District Centre, Saket, New Delhi - 110 017
Sub: Response to RfS No. ………….. dated ………….. for Selection of Solar Power
Developers for Setting up of 3000MW (250MW x 12) ISTS Connected Solar Power
Projects.
We hereby undertake to certify in line with Clause No. 15, Section-II, ITB under the title
“Financial Closure” that the following details shall be furnished within 07 (Seven) months of
effective date of the PPA.
1.0 Evidence of achieving complete tie-up of the Project Cost through internal accruals or
through a Financing Agency.
2.0 Evidence of clear possession of the required land for the Project along with following
documentary evidence: -
i) Ownership or lease hold rights (as per Clause 15, Section-II, ITB) in the name of the
Solar Power Developer and possession of 100% of the area of land required for the
Project.
ii) Certificate by the concerned and competent revenue/registration authority for the
acquisition / ownership/ right to use/ vesting of the land in the name of the wind
Power Developer.
iii) Sworn affidavit from the Authorized person of the SPD listing the details of the land and
certifying total land required for the Project under clear possession of the Power
Developer.
iv) A certified English translation from an approved translator in case above land documents
are in languages other than English and Hindi.
Failure or delay on our part in achieving the above conditions shall constitute sufficient grounds
for encashment of our Performance Bank Guarantee.
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.
Format 7.9
3 Project Location
Concentrator PV Modules
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/
Board Resolution/ Declaration.
Format 7.10
From: ____________ (Insert name and address of Bidding Company/ Lead Member of Consortium)
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Solar Energy Corporation of India Limited
(A Government of India Enterprise)
D - 3, 1st Floor, Wing - A, Prius Platinum Building
District Centre, Saket, New Delhi - 110 017
Sub: Response to RfS No. ………. dated ……….. for Selection of Solar Power Developers
for Setting up of 3000MW (250MW x 12) ISTS Connected Solar Power Projects
I/ We, ______________________ (Insert Name of the Bidder) enclose herewith the Financial
Proposal for selection of my/ our firm for _________ number of Project(s) for a cumulative
capacity of ____ MW in India as Bidder for the above.
I/ We agree that this offer shall remain valid for a period of 180 (One Hundred and Eighty) days
from the due date of submission of the response to RfS such further period as may be mutually
agreed upon.
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.
Notes:
1. There can be only one tariff for each project. If the bidder quotes two tariffs or
combination thereof for a project, then the bid shall be considered as non-responsive.
2. If the bidder submits the financial bid in the Electronic Form at TCIL portal not in line
with the instructions mentioned therein, then the bid shall be considered as non-
responsive.
3. Tariff requirement shall be quoted as a fixed amount in Indian Rupees only. Conditional
proposal shall be summarily rejected.
4. In the event of any discrepancy between the values entered in figures and in words, the
values entered in words shall be considered.
Format 7.11
1. PV Modules
2. Land Cost
4. Mounting Structures
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/
Board Resolution/ Declaration.
Annexure - A
1. PV MODULE QUALIFICATION
The PV modules used in the grid connected solar power Projects must qualify to the
latest edition of any of the following IEC PV module qualification test or equivalent BIS
standards.
In addition, PV modules must qualify to IEC 61730 for safety qualification testing at
1000V DC or higher. For the PV modules to be used in a highly corrosive atmosphere
throughout their lifetime, they must qualify to IEC 61701.
The Power Conditioners/Inverters of the SPV power plants must conform to the latest
edition of IEC/ equivalent BIS Standards as specified below:
All cables and connectors to be used for installation of solar field must be of solar grade
which can withstand harsh environment conditions for 25 years and voltages as per
latest IEC standards. It is recommended that the Cables of 600-1800 Volts DC for
outdoor installations should comply with the BS/ EN EN50618/ TUV 2pfg 1169/08/07 for
service life expectancy of 25 years.
Other subsystems/ components used in the SPV Power Plants (Cables, Connectors,
Junction Boxes, Surge Protection Devices etc.) must also conform to the relevant
international/national Standards for Electrical Safety besides that for Quality required for
ensuring Expected Service Life and Weather Resistance.
The PV modules/ Power Conditioners deployed in the Power Plants must have valid test
certificates for their qualification as per above specified IEC/ BIS Standards by one of
the NABL Accredited Test Centres in India. In case of module types/ equipment for which
such Test facilities may not exist in India at present, test certificates from reputed ILAC
Member body accredited Labs abroad will be acceptable.
6. WARRANTY
PV modules used in grid connected solar power plants must be warranted for peak
output wattage, which should not be less than 90% at the end of 10 years and 80% at
the end of 25 years.
The modules shall be warranted for at least 10 years for failures due to material defects
and workmanship.
The mechanical structures, electrical works and overall workmanship of the grid solar
power plants must be warranted for a minimum of 5 years.
The Inverters/ PCUs installed in the solar power plant must have a warranty for 5 years.
Each PV module used in any solar power Project must use a RF identification tag. The
following information must be mentioned in the RFID used on each module (This can be
inside or outside the laminate, but must be able to withstand harsh environmental
conditions):
Site owners would be required to maintain accessibility to the list of Module IDs along
with the above parametric data for each module.
8. PERFORMANCE MONITORING
a. The SPD shall maintain the list of Module IDs along with performance
characteristic data for each module. This data shall be submitted to SECI/
MNRE.
d. All data shall be made available as mentioned above for the entire duration of
the PPA.
f. Fibre Optic Ethernet Ring network (Managed type Ethernet switches in each
Control Room) should be provided between MCR & Inverter Control Rooms.
The SPD will ensure that all Solar PV modules from their plant after their ‘end of life’
(when they become defective/ non-operational/ non-repairable) are disposed in
accordance with the “e-waste (Management and Handling) Rules, 2011” notified by the
Government and as revised and amended from time to time.
*Rated capacity shall mean as mentioned in clause 2 above. In case the rated capacity
is mentioned in kVA, the certificate from OEM declaring the power factor of the
Inverter/PCU at 500 C has to be submitted and the power factor shall be multiplied by
the kVA rating to calculate the rated capacity of the inverter in kW.
iii) For commissioning of the Project, capacity of DC arrays installed shall be considered
in multiple of 10 MW per unit. In case of part commissioning of 20 MW Project, each
unit shall be required to have minimum 10 MW DC Arrays Capacity be installed.
iv) Provisions of Article 4.6.1 of the PPA with SPD shall apply for the capacity not
commissioned by the scheduled commissioning date.
Appendix - A1
COMMISSIONING PROCEDURE
(This is for Reference Only; The Commissioning Procedure will be guided by as per PPA)
The SPD will have to submit the following documents (duly signed and stamped by authorized
signatory) well in advance prior to the scheduled commissioning date. The SPD shall also have
to submit the hardcopies to SECI if asked by SECI for verification/ cross check.
1. Covering Letter
2. Board Resolution for Authorized Signatory.
3. Invoice(s) of the Major Equipment(s) (including but not limited to modules, Inverters/
PCUs, Weather Monitoring Stations/ DC Cables and for all the equipment as
available on SECI CPM portal).
4. All supporting documents towards meeting the technical compliance along with
datasheet/ warranty certificates/ contract agreement etc. as mentioned in Annexure-
A (if some documents already verified by MNRE appointed committee prior to
Financial Closure, may not be required which shall be updated on CPM portal)
5. Installation report duly signed by the authorized signatory as per Appendix - A2.
6. Plant Layout clearly mentioning the details of rows and number of modules in each
row.
7. Electrical Inspector report along with all annexures/ attachments. It would be the
responsibility of the SPD to collect the certificate.
8. SPD shall ensure Connectivity to the grid from concerned CTU/ STU/ Transmission
Utility/ DISCOM. Connectivity report as per the Appendix - A3.
Solar Power Developers would be required to plan commissioning/ synchronization with grid at
least 10 (Ten) Days ahead of the last permissible date for commissioning in accordance with
MNRE guidelines. If not done so, whole responsibility for not meeting the deadline for
commissioning on account of inability of the Committee to visit the project site for commissioning
rests solely on the developer.
Note: The commissioning procedure may change subject to any guidelines from MNRE.
Appendix - A2
INSTALLATION REPORT
(To be provided by SPD and to be submitted at least 10 days prior to Commissioning Date which
shall be verified by Commissioning Committee)
Technology used
I. (Mono/ Multi Crystalline/ Thin Film/ Others; please specify along with
capacity of each type)
Transformers
Appendix - A3
This is in compliance to the office order of the -----, ------ DISCOM, <Place> issued vide office
order <No.><dated>, the committee constituted vide said order has completed the work for
commissioning of <kV> Bay & Metering Equipment to interconnect the <MW> Solar Power
Generation Plant (having <technology>) with Grid installed at <Village>, <Tehsil>, <District> in
the <State> on <date>, under RfS No……………….dated………………..
Main & check metering commissioned on ……… (initial record of Main/Check meters at the time
of Commissioning is to be taken and enclosed)
The Joint Inspection Report of metering arrangement & copy of permission of Electrical
Inspector is enclosed herewith.
Appendix - A4
It is further certified that the Project was synchronized and supply of power into the grid from
the Project connected on ………… (Date) at -------- Hrs.
NB:
(i) The above certificate shall be issued by concerned CTU/ STU/ Transmission Utility/
DISCOMs
(ii) Copy of duly signed MRI is to be enclosed.
Appendix - A5
This is to certify that <M/s> having its registered office at --------- has successfully commissioned
Capacity < MW > out of total <MW> installed Capacity on (Date) of their Solar PV Power
Generation Project at Village ------, Tehsil/ Taluka ------- & Dist. ------
The Commissioning Certificate has been issued on the basis of the following documents
enclosed:
(i) Installation Report including Snap shots of the Project from various angles
(ii) Electrical Inspector Report
(iii) Connectivity Report
(iv) Synchronization Certificate including MRI record
NB: To be issued by as mentioned in Clause No. 16, Section-II, ITB of RfS Documents.
Annexure - B
Annexure - C
LIST OF BANKS
1. SCHEDULED COMMERCIAL
3. FOREIGN BANKS
BANKS
SBI AND ASSOCIATES 24. A B BANK
1. State Bank of India 25. SHINHAN BANK
2. State Bank of Indore 26. CTBC BANK Co. Ltd.
NATIONALISED BANKS 27. MIZUHO BANK, Ltd.
1. Allahabad Bank 28. Krung Thai Bank Public Company Ltd.
2. Andhra Bank 29. Antwerp Diamond Bank N.V
30. Australia And New Zealand Banking
3. Bank of India
Group Limited
4. Bank of Maharashtra 31. Sumitomo Mitsui Banking Corporation
Annexure - D
INSTRUCTIONS
For participating in this tender online, the following instructions are to be read carefully. These
instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.
Digital Certificates
For integrity of data and authenticity/ non-repudiation of electronic records, and to be compliant
with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to
as Digital Signature Certificate (DSC), of Class II or above, issued by a Certifying Authority (CA)
licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
Registration
After successful submission of Registration details and payment of Annual Registration Fee,
please contact TCIL/ ETS Helpdesk (as given below), to get your registration accepted/activated
Important Note:
1. Interested bidders have to download official copy of the RfS & other documents after
login into the ETS Portal of TCIL https://www.tcil-india-electronictender.com. If the
official copy of the documents is not downloaded from ETS Portal of TCIL within the
specified period of downloading of RFS and other documents, bidder will not be able to
participate in the tender.
2. To minimize teething problems during the use of ETS (including the Registration
process), it is recommended that the user should peruse the instructions given under
‘ETS User-Guidance Center’ located on ETS Home Page, including instructions for
timely registration on ETS. The instructions relating to ‘Essential Computer Security
Settings for Use of ETS’ and ‘Important Functionality Checks’ should be especially taken
into cognizance.
Please note that even after acceptance of your registration by the Service Provider, to respond
to a tender you will also require time to complete activities related to your organization, such as
creation of users, assigning roles to them, etc.
The entire bid-submission would be online on ETS (unless specified for Offline Submissions).
Broad outline of submissions are as follows:
Submission of Bid-Parts
Envelope I (Technical-Bid)
Envelope II (Financial-Bid)
Submission of digitally signed copy of Tender Documents/ Addendum
In addition to the above, the bidders are required to submit certain documents physically offline
also as per Clause No. 23.a, Section-II, ITB of RfS Documents, failing which the technical bids
will not be opened.
Note: The Bidder should also upload the scanned copies of all the above mentioned original
documents as Bid-Annexures during Online Bid-Submission.
As part of the ElectronicEncrypter™ functionality, the contents of both the ‘ElectronicForms’ and
the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike
a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I
love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is
mandatory that a separate Pass-Phrase be created for each Bid-Part. This method of bid-
encryption does not have the security and data-integrity related vulnerabilities which are
inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer
organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted
before the Public Online Tender Opening Event (TOE), even if there is connivance between the
concerned tender-opening officers of the Buyer organization and the personnel of e-tendering
service provider.
CAUTION: All bidders must fill ElectronicForms™ for each bid-part sincerely and carefully, and
avoid any discrepancy between information given in the ElectronicForms™ and the
corresponding Main-Bid. For transparency, the information submitted by a bidder in the
ElectronicForms® is made available to other bidders during the Online Public TOE. If it is found
during the Online Public TOE that a bidder has not filled in the complete information in the
ElectronicForms™, the TOE officer may make available for downloading the corresponding
Main-Bid of that bidder at the risk of the bidder. If variation is noted between the information
contained in the ElectronicForms™ and the ‘Main-Bid’, the contents of the
ElectronicForms™ shall prevail.
In case of any discrepancy between the values mentioned in figures and in words, the value
mentioned in words will prevail.
The bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-Part is
submitted into the ‘Time Locked Electronic Key Box (EKB)’ after the deadline of Bid
Submission, and before the commencement of the Online TOE of Technical Bid. The
process of submission of this Pass-Phrase in the ‘Time Locked Electronic Key Box’ is done in
a secure manner by first encrypting this Pass-Phrase with the designated keys provided by the
SECI.
Additionally, the bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-Part is
submitted to SECI in a sealed envelope before the start date and time of the Tender Opening
Event (TOE).
There is an additional protection with SSL Encryption during transit from the client-end computer
of a Supplier organization to the e-Tendering Server/ Portal.
OTHER INSTRUCTIONS
For further instructions, the vendor should visit the home-page of the portal https://www.tcil-
india-electronictender.com, and go to the User-Guidance Center
The help information provided through ‘ETS User-Guidance Center’ is available in three
categories – Users intending to Register/ First-Time Users, Logged-in users of Buyer
organizations, and Logged-in users of Supplier organizations. Various links (including links for
User Manuals) are provided under each of the three categories.
Important Note: It is strongly recommended that all authorized users of Supplier organizations
should thoroughly peruse the information provided under the relevant links, and take
appropriate action. This will prevent hiccups, and minimize teething problems during the use of
ETS.
Specifically, for Supplier organizations, the following 'SEVEN KEY INSTRUCTIONS for
BIDDERS' must be assiduously adhered to:
1. Obtain individual Digital Signing Certificate (DSC or DC) of Class II or above well in
advance of your tender submission deadline on ETS.
2. Register your organization on ETS well in advance of the important deadlines for your
first tender on ETS viz ‘Date and Time of Closure of Procurement of Tender Documents’
and ‘Last Date and Time of Receipt of Bids’. Please note that even after acceptance of
your registration by the Service Provider, to respond to a tender you will also require
time to complete activities related to your organization, such as creation of -- Marketing
Authority (MA) [ie a department within the Supplier/ Bidder Organization responsible for
responding to tenders], users for one or more such MAs, assigning roles to them, etc. It
is mandatory to create at least one MA. This unique feature of creating an MA enhances
security and accountability within the Supplier/ Bidder Organization.
3. Get your organization's concerned executives trained on ETS well in advance of your
first tender submission deadline on ETS
4. For responding to any particular tender, the tender (ie its Tender Search Code or TSC)
has to be assigned to an MA. Further, an ‘Official Copy of Tender Documents’ should
be procured/ downloaded before the expiry of Date and Time of Closure of Procurement
of Tender Documents. Note: Official copy of Tender Documents is distinct from
downloading ‘Free Copy of Tender Documents’. Official copy of Tender Documents is
the equivalent of procuring physical copy of Tender Documents with official receipt in
the paper-based manual tendering system.
5. Submit your bids well in advance of tender submission deadline on ETS (There could
be last minute problems due to internet timeout, breakdown, et al)
6. It is the responsibility of each bidder to remember and securely store the Pass-Phrase
for each Bid-Part submitted by that bidder. In the event of a bidder forgetting the Pass-
Phrase before the expiry of deadline for Bid-Submission, facility is provided to the bidder
to ‘Annul Previous Submission’ from the Bid-Submission Overview page and start afresh
with new Pass-Phrase(s)
7. ETS will make your bid available for opening during the Online Public Tender Opening
Event (TOE) ‘ONLY IF’ your ‘Status pertaining Overall Bid-Submission’ is ‘Complete’.
For your record, you can generate and save a copy of ‘Final Submission Receipt’. This
receipt can be generated from 'Bid-Submission Overview Page' only if the ‘Status
pertaining overall Bid-Submission’ is ‘Complete’.
NOTE:
While the first three instructions mentioned above are especially relevant to first-time users of
ETS, the fourth, fifth, sixth and seventh instructions are relevant at all times.
2. For responding to any particular e-ReverseAuction, the e-ReverseAuction (ie its Reverse
Auction Search Code or RASC) has to be assigned to an MA.
3. It is important for each bidder to thoroughly read the ‘rules and related criterion’ for the e-
ReverseAuction as defined by the Buyer organization.
4. It is important to digitally-sign your ‘Final bid’ after the end of e-ReverseAuction bidding
event.
Annexure - E
1. Bidders shall ensure online submission of their ‘Bid Price’ within the auction period.
2. Bidders shall ensure to take all necessary training and assistance before
commencement of reverse auction to the interested bidders on chargeable basis to be
paid directly to TCIL.
3. Business rules for Reverse Auction like event date, time, bid decrement, extension etc.
shall be as per the business rules, enumerated in the RfS document or intimated later
on, for compliance.
4. Reverse auction will be conducted on scheduled date & time, as mentioned in the RfS
document.
5. Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’, which
is enclosed separately in the RfS document.
6. If the Bidder or any of his representatives are found to be involved in Price manipulation/
cartel formation of any kind, directly or indirectly by communicating with other bidders,
action as per extant SECI guidelines, shall be initiated by SECI
7. The Bidder shall not divulge either his Bids or any other exclusive details of SECI to any
other party.
8. Period of validity of Prices received through Reverse Auction shall be same as that of
the period of validity of bids offered.
10. For access to the Reverse Auction site, the following URL is to be used:
https://www.tcil-india-electronictender.com
Reverse Auction shall be conducted as per methodology specified in Section - V and other
provisions of Reverse Auction in RfS documents and their subsequent Amendments/
Clarifications/ Addenda. Bidders, in their own interest, are advised to go through the documents
in entirety.
Online Reverse Auction shall be conducted by SECI on pre-specified date and time, while the
bidders shall be quoting from their own offices/ place of their choice. Internet connectivity shall
have to be ensured by bidders themselves.
During the Reverse Auction, any requests for extension of time will not be considered by SECI.
Bidders are therefore requested to make all the necessary arrangements/ alternatives whatever
required so that they are able to participate in the Reverse Auction successfully. Failure of power
or loss of connectivity at the premises of bidders during the Reverse Auction cannot be the
cause for not participating in the Reverse Auction. SECI shall not be responsible for such
eventualities.
Bidders are advised to get fully trained and clear all their doubts such as refreshing of Screen,
capacity/ no. of projects being auctioned, auction rules etc.
SECI reserves the right to cancel/ reschedule/ extend the Reverse Auction process/ tender at
any time, before ordering, without assigning any reason.
SECI shall not have any liability to bidders for any interruption or delay in access to the auction
website irrespective of the cause. In such cases, the decision of SECI shall be binding on the
bidders.
Other terms and conditions shall be as per bidder’s techno-commercial offers and as per the
RfS document and other correspondences, if any, till date.