Standard Request For Proposal Document For Selection of Developer(s) For Setting Up of - (Name of Renewable Power Project)

Standard Request for Proposal Document
For
Selection of Developer(s) for Setting up of
--- [Name of Renewable Power Project]
For
Procurement on Long/Medium Term Basis by
----- [Name of Procurer(s)]
(As per Guidelines for Tariff Based Competitive Bidding
Process for Grid Connected Power Projects Based on
Renewable Energy Sources)
[Separate Bidding Process for each type of Renewable Energy Source
(as provided in the Bidding Guidelines) to be conducted]
ISSUED BY
Procurer/ Authorised Representative

Address and contact details
------ 2012
Standard Request for proposal for Renewable Energy Sources

Request for Proposal (RfP) for supply of power to ---[Name of Procurer(s)] in the State
of ----[insert name of State(s)] in India issued by the Procure/Authorised Representative
for and on behalf of the Procurer(s) as per details provided in Format 4.12.
This RfP document along with Formats as per Index is issued to M/s. ______________________
___________________________
___________________________
___________________________
___________________________
NOTES:
1. This RfP document along with its Formats, is not transferable.
2. The Procure/Authorised Representative may modify, amend or supplement this
RFP document.
Correspondence Address
Name of Authorised Person:
-------------------
Address:
Tel:
Fax:
Email:
-------------------------------------------------------------------------
Place:
Date:
Signature
Page 2
DISCLAIMER
1.
This Request for Proposal (RfP) document is not an agreement or offer by the
Procure/Authorised Representative to the prospective Bidders or any other
party. The purpose of this RfP is to provide interested parties with information
to assist the formulation of their Bid. This RfP is based on material and
information available in public domain.
2.
This RfP, along with its Formats, is not transferable.
3.
Though adequate care has been taken while preparing the RFP document, the
Bidder shall satisfy himself that the document is complete in all respects.
Intimation of any discrepancy shall be given to this office immediately. If no
intimation is received from any Bidder within ten days from the date of issue of
the bid documents, it shall be considered that the bid document is complete in
all respects and has been received by the Bidder
4.
The RfP and the information contained therein are to be used only by the
person to whom it is issued. Save and except as provided in Clause 2.30 of the
RfP, it shall not be copied or distributed by the recipient to third parties. In the
event that the recipient does not continue with its involvement in the bidding
process in accordance with this RfP, this RfP must be kept confidential.
5.
While this RfP has been prepared in good faith, neither the Procurer/
Authorized Representative nor its employees or advisors/consultants make any
representation or warranty express or implied as to the accuracy, reliability or
completeness of the information contained in this RfP.
6.
Neither the Procurers/ Authorized Representative, its employees nor its

advisors / consultants will have any liability to any Bidder or any other person
under the law of contract, tort, the principles of restitution or unjust enrichment
or otherwise for any loss, expense or damage which may arise from or be
incurred or suffered in connection with anything contained in this RfP, any
matter deemed to form part of this RfP, the award for supply of power, the
information supplied by or on behalf of Procurer/ Authorized Representative or
its employees, any advisors/consultants or otherwise arising in any way from
the selection process for the said supply of power.
Page 3
Definitions
Any capitalized term, used but not defined in this RfP, shall have the meaning ascribed
to such term in the Power Purchase Agreement (PPA), in that order. In absence of
availability of definitions in the foregoing references, the capitalized terms shall be
interpreted in accordance with the Electricity Act 2003, the CERC (Terms and
Conditions for Tariff determination from Renewable Energy Sources) Regulations, 2012,
Grid Code or any other relevant electricity law, rule or regulation prevalent in India, as
amended or re-enacted from time to time, in that order.
The following terms are defined for use in this RfP:
Affiliate shall mean a Company that, directly or indirectly,
i) controls, or
ii) is controlled by, or
iii) is under common control with, a Company developing a Project or a Member in a
Consortium developing the Project and control means ownership by one Company
of at least 26% (twenty six percent) of the voting rights of the other Company;
Appropriate Commission shall mean the CERC, or the SERC or the Joint
Commission referred to in Section 83 of the Electricity Act 2003, as the case may be;
Authorized Representative shall mean ------ [insert name of the Authorised
Representative], the body corporate authorized by the Procurer(s) to carry out the
bidding process for the selection of the Successful Bidder(s) on their behalf [insert if
applicable, else delete this definition];
Bench Mark Tariff shall mean the tariff of the Renewable Energy Source as notified
by the Appropriate Commission;
Bid shall mean the Non-Financial Bid and the Financial Bid submitted by the Bidder,
in response to this RfP, in accordance with the terms and conditions hereof.
Bidder shall mean Bidding Company or a Bidding Consortium submitting the Bid. Any
reference to the Bidder includes Bidding Company / Bidding Consortium/ 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;
Bidding Company shall refer to such single company that has submitted the Bid in
accordance with the provisions of this RfP;
Page 4

Bid Bond shall mean the unconditional and irrevocable bank guarantee to be
submitted along with the Bid by the Bidder under Clause 2.23 of this RfP, as per the
prescribed Format 4.3;
Bid Deadline shall mean the last date and time for submission of Bid in response to
this RfP as specified in Clause 2.19 of this RfP;
Bidding Consortium or Consortium shall refer to a group of companies that has
collectively submitted the Bid in accordance with the provisions of this RfP;
Bidding Guidelines shall mean Guidelines for Tariff Based Competitive Bidding
Process for Grid Connected Power Projects Based on Renewable Energy Sources,
issued by Ministry of Power, Government of India under Electricity Act, 2003 on ----------,
2012 as amended from time to time.
Conflict of Interest A Bidder may be considered to be in a Conflict of Interest with
one or more Bidders in the same bidding process under this RfP if they have a
relationship with each other, directly or indirectly through a common company, that puts
them in a position to have access to information about or influence the Bid of another
Bidder;
Consents, Clearances and Permits shall mean all authorizations, licenses,
approvals, registrations, permits, waivers, privileges, acknowledgements, agreements,
or concessions required to be obtained from or provided by any concerned authority for
the purpose of setting up of the generation facilities for supply of power;
Contracted Capacity shall mean the power (in MW) contracted between the Seller
and the Procurer(s) at the generation switch yard bus bar, as provided in the Selected
Bid as per Format 4.1 of this RfP;
Contracted Energy shall mean the energy (in MU) based on the CUF/PLF, as the
case may be, as notified by CERC at the time of issue of RfP and considering the
Contracted Capacity, contracted between the Seller and the Procurer(s) at the
generation switch yard bus bar, as provided in the Selected Bid as per Format 4.1 of
this RfP;
Contract Performance Guarantee (CPG) shall have the meaning as per Clause
2.24 of this RfP;
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Contract Year shall mean the period beginning on the Scheduled COD and ending
on the immediately succeeding March 31 and thereafter each period of 12 months
beginning on April 1 and ending on March 31 provided that the last Contract Year shall
end on the last day of the term of the PPA;
Core Sector shall mean power, telecom, ports, highways, refineries, petro-chemicals,
airports, railways, metro rail, industrial parks /estates, logistic parks, pipelines, irrigation,
water supply, sewerage and real estate development sectors;
CTU or Central Transmission Utility shall mean the utility notified by the Central
Government under Section-38 of the Electricity Act 2003;
Effective Date shall mean the date from which the PPA becomes effective;
Electricity Act 2003 shall mean the Electricity Act, 2003 and any rules, amendments,
regulation, notifications, guidelines or policies issued there under from time to time.
Financial Bid shall mean Envelope II of the Bid, containing the Bidders Quoted Tariff
as per the Format 4.10 of this RfP;
Financially Evaluated Entity shall mean the company which has been evaluated for
the satisfaction of the financial requirement set forth in Clause 2.1.2.1 hereof;
Grid Code / IEGC or State Grid Code shall mean the Grid Code specified by
the Central Commission under clause (h) of sub-section (1) of Section 79 of the
Electricity Act and/or the State Grid Code as specified by the concerned State
Commission referred under clause (h) of sub-section (1) of Section 86 of the
Electricity Act, as applicable;
Law shall mean all laws including Electricity Laws in force in India and any statute,
ordinance, regulation, notification or code, rule, or any interpretation of any of them by
an Indian Governmental Instrumentality and having force of law and shall further include
all applicable rules, regulations, orders, notifications by an Indian Governmental
Instrumentality pursuant to or under any of them and shall include all rules, regulations,
decisions and orders of the Appropriate Commission;
Lead Member of the Bidding Consortium or Lead Member: There shall be only
one Lead Member, who commits atleast 26% equity stake in the Bidding Consortium
and so designated by other Member(s) of the Bidding Consortium in accordance with
the Consortium Agreement specified in Format 4.5 of this RfP and cannot be changed
till 5 years of the Commercial Operation Date (COD) of the Project;
Page 6
Letter of Intent or LOI shall mean the letter to be issued by the Authorized
Representative to the Successful Bidder(s) for supply of power pursuant to Clause 3.5
of this RfP;
Levelized Tariff or Tariff shall mean the tariff calculated in accordance with the
provisions of Clause 3.4.4 of the RfP;
Member of a Bidding Consortium or Member or Consortium Member shall
mean each company in the Bidding Consortium which has executed the Consortium
Agreement as provided in Format 4.5 of this RfP;
Non Financial Bid shall mean Envelope-I of the Bid containing the documents as
specified in Clause 2.14 A of this RfP;
Parent Company shall mean a company that holds at least twenty six percent (26%)
of the paid-up equity capital directly or indirectly in the Bidding Company or in the
Member of a Bidding Consortium, as the case may be;
PPA shall mean the agreement to be entered into between the Procurer(s) and the
Seller pursuant to which the Seller shall supply power to the Procurer(s) as per the
terms and conditions specified therein and a draft of which is attached as Enclosure 1 of
Format 4.14 to this RfP, including all its schedules, annexures, and all amendments or
modifications;
Procurer(s) shall mean the entity(ies) as specified in Format 4.12 of this RfP;
Project means the ----- [insert name of the renewable project];
Qualification Requirements shall mean the qualification requirements as set forth in
Clause 2.1 of this RfP;
Quoted Charges shall mean the sum total of quoted escalable charges and quoted
non-escalable charges as per Format 4.10;
Quoted Energy Charges shall mean the sum total of quoted escalable energy
charges and quoted non-escalable energy charges as per Format 4.10; [To be used
only in cases where primary fuel is required such as Bio-mass etc.]
"Quoted Tariff" shall mean the sum total of Quoted Charges & Quoted Energy
Charges, as applicable;
Page 7

RfP shall mean this Request for Proposal dated ------ along with all formats and RfP
Project Documents attached hereto and shall include any modifications, amendments
alterations or clarifications thereto;
RfP Project Documents shall mean the following documents to be entered into by
the parties to the respective agreements in connection with the supply of power:
a)
b)
c)
d)
PPA;
Default Escrow Agreement;
Agreement to Hypothecate-cum-deed of Hypothecation; and
any other agreements designated as such, from time to time by the
Procurer/Authorized Representative;
Scheduled Commercial Operation Date or "Scheduled COD" shall be ------ [insert

date] when the Project is required to be commissioned as per the terms and conditions
of the PPA;
Selected Bidder(s) or Successful Bidder(s) shall mean the Bidder(s) selected by
the Procurer/ Authorized Representative, pursuant to this RfP for supply of power as per
the terms of the RfP Project Documents, and to whom a Letter of Intent has been
issued;
Seller shall mean ------ [insert name of the SPV], a company incorporated under the
Companies Act, 1956 and having its registered office at -------[insert address of the
SPV] for the purposes of development, finance, ownership, design, engineering,
procurement, construction, commissioning, operation and maintenance of the Project in
accordance with the RfP; ------ [insert name of the SPV] shall act as the Authorised
Representative till acquisition of its 100% equity shareholding by the Selected Bidder;
Statutory Auditor shall mean the auditor of a Company appointed under the
provisions of the Companies Act, 1956 or under the provisions of any other applicable
governing law;
STU or State Transmission Utility shall mean the board or the government
company specified as such by the State Government under sub-section (1) of Section
39 of the Act;
Tariff shall mean the tariff as computed in accordance with Schedule -- of the PPA;
Page 8

Ultimate Parent Company shall mean a company which directly or indirectly owns at
least twenty six percent (26%) paid up equity capital in the Bidding Company or
Member of a Consortium, (as the case may be) and/or in the Financially Evaluated
Entity and such Bidding Company or Member of a Consortium, (as the case may be)
and/or the Financially Evaluated Entity shall be under the direct control or indirectly
under the common control of such company;
Page 9
Section 1
Introduction
Page 10
Section 1
1.
Introduction
1.1
----[insert name of the Authorized Representative / SPV] hereinafter referred to

as Authorized Representative, on behalf of -----[insert name of the Procurer(s)],
hereinafter referred to as Procurer(s) [or ---- insert name of Procurer(s)] hereby
invites interested companies and/or Bidding Consortium and or any Consortium
Member thereof (Bidders) to purchase the Request for Proposal (RFP) to
participate in the bidding process for the selection of Successful Bidder for
setting up of ----[insert name of the renewable project] through a competitive
bidding process as per Section 63 of the Electricity Act, 2003 and as amended
from time to time. The responsibility of the Successful Bidder would be to supply
power to the Procurer(s) as per the terms and conditions of the PPA.
1.2
The details of the Project including technical requirements are as under:

---------------------------------- [Procurer/ Authorized Representative to provide
details including technical requirements of the Project]
1.3
The objective of this bidding process is to identify the Successful Bidder for
supply of minimum of ---- MW (---MU) and maximum of ----- MW (---MU) of power
for a period of ----- years. This range has been arrived at taking the gross
capacity of the Power Station as ---- MW. As per the Bidding Guidelines, the
Successful Bidder shall enter into a Power Purchase Agreement (PPA) as
detailed out in the Model PPA forming part of this document. The Selected
Bidder shall be responsible for ensuring that the Seller undertakes development,
finance, ownership, design, engineering, procurement, construction,
commissioning, operation and maintenance of the Project as per the terms of the
RfP Project Documents. The Selected Bidder shall also ensure that all equipment
and auxiliaries are suitable for operation in the frequency range of 47.5 to 51.5
Hz (-5% to +3% of rated frequency of 50.0 Hz). Further any
update/amendment/supplementary, if any details about the bidding process, the
Project and the PPA shall be provided in the RfP document in accordance with
Bidding Guidelines, after obtaining approval of the Appropriate Commission, if
such approval is required under law.
1.4
The Authorized Representative seeks to qualify and select Successful Bidder for
setting up ---- [insert name of the renewable project] and supply of power for a
period of ----- [insert No. of years] years from the Scheduled Commercial
Page 11

Operation Date in accordance with the terms of the PPA. The power from ----[insert name of the renewable project] will be procured by the Procurer(s) at the
generation switchyard bus bar of the Project.
1.5
The Procurer/Procurer through the Authorised Representative has incorporated a

Special Purpose Vehicle (SPV) under Companies Act, 1956 in the name of ---[insert name of the SPV]. The SPV has initiated development of the project at
[location] and has completed the following:
[Activities/milestones shall be listed according to para 3.2(II) of the Bidding
Guidelines.]
1.6
For the purpose of selection of the Successful Bidder, Bidders shall be required
to submit both Non-Financial Bid and Financial Bid simultaneously in a single
stage bidding process as per the timelines mentioned in Clause 2.27 of this RfP.
Bidders who meet the Qualification Requirement as specified in Clause 2.1 of the
RFP will be Qualified Bidders and the Financial Bids of all such Qualified Bidders
shall be opened and evaluated as per provisions of Clause 3.4 of the RFP, for
the purpose of selection of Successful Bidder.
1.7
The Procurer/ Authorized Representative will transfer the SPV along with the
Project site to the Seller at a price of [--] Crore after signing the PPA/Share
Purchase Agreement.
1.8
The Procurer/ Authorized Representative propose to select a Bidder having the

prescribed qualifications and offering the lowest levellised tariff based on the
evaluation, to become the Seller. The Seller shall supply power to the Procurer(s)
pursuant to and as per the terms and conditions of the PPA to be signed
between the Procurer(s) and the Seller. The Procurer(s) shall pay to the Seller
the Quoted Tariff which has been adopted by the Appropriate Commission, as
per the terms and conditions of the PPA.
1.9
Technology: The Bidder is free to choose any technology manufactured in India

or Imported.
1.10
Commencement of supply of power:

The Successful Bidder shall have to commence the supply of power on the
Scheduled COD in accordance with the provisions of the PPA.
1.11
Tariff:
The tariff shall be payable by the Procurer(s) in Indian Rupees, as per provisions
of the PPA. Bidders shall quote the tariff as per the pre-specified structure
mentioned in the RFP.
Page 12
1.12
Issue of RfP:
The detailed terms and conditions for qualification of the Bidders and for Bid
submission are indicated in the RfP. All those interested in purchasing the RfP
may respond in writing to the Authorized Representative at the address given in
Clause 1.13 below with a non-refundable fee of Rs. ---- (Rupees ----- only) or ---US Dollars (US Dollars ----- Only), in the form of a demand draft / bankers
cheque / pay order drawn in favor of ---[insert name of Procurer/Authorised
Representative], payable at -----[insert place], latest by ---------[insert date]. The
RfP shall be issued to the Bidders on any working day from ----- [insert date] to ---[insert date] between ---- hours (IST) to ---- hours (IST) by ---[insert name of
Procurer/Authorised Representative] on written request and against payment of
the above mentioned fee by any Bidder. In case where Bidders request the
documents to be sent by post, the Procurer/Authorized Representative shall
promptly dispatch the RfP to such Bidder by registered mail/ air mail only upon
receipt of written request and payment of the above mentioned fee by such
Bidders. The Procurer/Authorized Representative shall, under no circumstances,
be held responsible for late delivery or loss of documents so mailed. The RfP can
also be downloaded from -----[insert name of the website] However, in such case
interested Bidder can submit the Bid only on submission of non refundable fee of
Rs. ---- (Rupees ----- only) or ---- US Dollars (US Dollars ----- Only) as mentioned
above separately along with the Bid.
1.13
Receipt and Opening of Bid:

Bid must be delivered to the address as given in Clause 1.14 on or before ---hours (IST) on --- [insert date] and the Non- Financial Bid will be opened on the
same day at ---- hours (IST), in the presence of Bidders representatives who
wish to attend. If it is a public holiday on the last date for submission of the Bid,
the submission and the receipt of the Bid shall be on the next working day at the
place of submission of Bid, on which day the Non-Financial Bid received shall be
opened. The Financial Bid shall be opened as per the time schedule given in
Clause 2.27 of the RfP.
1.14
Nodal Person for enquiries and clarifications

All correspondence, clarifications in respect of the RfP and submission of the Bid
shall be addressed to:
Designation :
--------------------Address
:
--------------------Telefax
:
--------------------Email:
--------------------Page 13
Section 2
INFORMATION AND
INSTRUCTION TO
BIDDERS
Page 14
2. INFORMATION AND INSTRUCTION TO BIDDERS

2.1
Qualification Requirements
2.1.1
The Bidder should be a company, as defined in the Electricity Act, 2003, duly
incorporated under the relevant laws. Subject to Clause 2.1.5, the Bidder
must meet the Qualification Requirements independently as Bidding Company
or as a Bidding Consortium with one of the Members acting as the Lead
Member of the Bidding Consortium. Bidder will be declared as a Qualified
Bidder based on meeting the Qualification Requirements specified below and
as demonstrated based on the documentary evidence submitted by the Bidder
in the Bid. Further, a Bidding Consortium can participate in the bidding process
if any Member of the Consortium has purchased the RfP.
2.1.2
The Bidder must fulfill the following Qualification Requirements specified in

Clause 2.1.2.1 and 2.1.2.2
2.1.2.1
Financial Criteria
Networth
Networth should be equal to at least Rs. . Crore or equivalent USD

computed as the Networth based on unconsolidated audited annual accounts
(refer to Note below) of any of the last three (3) financial years immediately
preceding the Bid Deadline.
[To be specified at Rs. 3.0 Crore per MW (considering the Gross Capacity of the
Project)]
The computation of Networth shall be based on unconsolidated audited annual
accounts of the Company. For the purpose of the computation of Networth, any
one of the last three financial years and upto seven (7) days prior to Bid Deadline
shall be considered. The Bidder would thus be required to submit annual audited
accounts for the last three financial years------ [indicate last three financial years],
while indicating the year which should be considered for evaluation along with a
certificate from the chartered accountant to demonstrate the fulfilment of the
criteria. In case a Bidder seeks qualification on the basis of Networth as on seven
(7) days prior to Bid Deadline, the Bidder shall submit a certificate from a
Statutory Auditor/Chartered Accountant certifying the Networth on the date seven
days prior to submission of Bid and also submit the un-audited financial
Page 15

statements of the Company duly certified by Statutory Auditor/Chartered
Accountant for the date on which the certificate of Networth has been obtained.
Networth
=
Add:
Subtract:
Subtract:
Subtract:
2.1.2.2
Paid up share capital (which shall include Paid up equity

share capital, fully convertible preference shares and fully
convertible debentures)
Reserves
Revaluation Reserves
Intangible Assets
Miscellaneous Expenditures to the extent not written off and
carry forward losses
Technical Qualification
The Bidder must fulfill following technical requirements:
Experience of development of projects in Core Sector in the last five (5) years
with aggregate capital expenditure not less than Rs. . Crore or equivalent
USD. However, the capital expenditure of each project should be equivalent to
at least Rs. Crore or equivalent USD.
[Required aggregate capital cost of projects to be calculated @ Rs 1.00 Crore
per MW of the Project (considering the Gross Capacity of the Project)].
[Individual project experience to be calculated @ Rs 0.20 Crore per MW of the
Project (considering the Gross Capacity of the Project)]
For this purpose, capital expenditure incurred on projects that have been
commissioned/completed at least seven (7) days prior to the last date for
submission of the Bid shall be considered. The capital expenditure discussed
above shall be as reflected in the audited books of accounts of the
Bidder/Affiliate/Parent, as the case may be. In case a clearly identifiable part of
a project has been put into commercial operation, the capital expenditure on
such part of the project shall be considered. Further, the
Bidder/Affiliate/Parent, as the case may be, must have either executed such
projects itself or must own at least 26% of the shareholding in the company
that has executed the project(s) and must have held such shareholding from
the date of financial closure of the project(s) till the time of
commissioning/completion of such project(s). The Technical Qualification
requirement shall be met the Bidding Company or the Lead Member of a
Consortium or an Affiliate or Parent of such Bidding Company or the Lead
Member, as the case may be.
Page 16

In case of a Bidding Consortium, the technical requirement should be met by
the Lead Member of the Consortium or its Affiliate/Parent.
Bidders shall furnish documentary evidence duly certified by the person
authorised through board resolution from the Bidding Company or the Lead
Member of the Consortium, as the case may be, as per Clause 2.14 A) 4) a)
and the Statutory Auditor/Chartered Accountant in support of their technical
capability.
{Note: For the Qualification Requirements, if data is provided by the Bidder in
foreign currency, equivalent rupees will be calculated using bills selling
exchange rates (card rate) USD / INR of State Bank of India prevailing on the
date of closing of the accounts for the respective financial year as certified by
the Bidders banker.
For currency other than USD, Bidder 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.
If the exchange rate for any of the above dates is not available, the rate for the
immediately available previous day shall be taken into account.}
2.1.3
The Bidder may seek qualification on the basis of financial capability of its
Parent and / or its Affiliate(s) for the purpose of meeting the Qualification
Requirements. In case of the Bidder being a Bidding Consortium, any Member
may seek qualification on the basis of financial capability of its Parent
Company and / or its Affiliate(s). The financial capability of a particular Parent
Company and / or Affiliate(s) shall not be used by more than one Bidder.
The determination of the relationship of Parent Company or Affiliate with the
Bidding Company or with the Member of the Bidding Consortium, including the
Lead Member, shall be as existing on the date seven (7) days prior to the Bid
Deadline. Documentary evidence in form of a certification from the Company
Secretary/Director on the Board of the company (in case company secretary is
not required under the Companies Act, 1956) to establish such relationship
shall be furnished by the Bidder along with the Bid.
2.1.4
For the purposes of meeting financial requirements, only unconsolidated

audited annual accounts shall be used. However, audited consolidated annual
accounts of the Bidder may be used for the purpose of financial requirements
Page 17

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 the Bid.
2.1.5
If the Bid is submitted by a Consortium, the financial requirement shall be met

individually and collectively by all the Members in the Bidding Consortium. The
financial requirement 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.
2.2
Notwithstanding anything stated above, Procurer/ Authorized Representative

reserves the right to verify the authenticity of the documents submitted for
meeting the Qualification Requirements and may request for any additional
information / documents. The Procurer/ Authorized Representative reserves
the right at its sole discretion to contact the Bidders bank, lenders, financing
institutions and any other persons as necessary to verify the Bidders
information/ documents for the purpose of qualification.
2.3
The Qualified Bidder(s) will be required to continue to maintain compliance

with the Qualification Requirements throughout the bidding process and till the
execution of the PPA. Where the Financially Evaluated Entity is not the
Bidding Company or a Member of a Bidding Consortium, as the case may be,
the Bidding Company or Member shall continue to be an Affiliate of the
Financially Evaluated Entity till execution of the PPA. Failure to comply with
the aforesaid provisions shall make the Bid liable for rejection at any stage.
2.4
A Bidder is permitted to submit only one Bid in this bidding process,

individually as Bidding Company or as a Member of a Bidding Consortium
(including the Lead Member). It is further clarified that any of the Parent
Company / Affiliate / Ultimate Parent Company of the Bidding Company or a
Member of a Bidding Consortium shall not separately participate directly or
indirectly in the same bidding process. Further, if any Bidder has a Conflict of
Interest with other Bidder(s) participating in the same bidding process, the Bid
of all such Bidder(s) shall be rejected.The Bidder has to furnish a disclosure as
per Format for Disclosure (Format 4.8)
2.5
Submission of Bid by the Bidder
2.5.1
The information and/or documents shall be submitted by the Bidder as per the
Page 18

formats specified in Section 4 (Formats for Bid Submission) of this document.
2.5.2
Strict adherence to the formats wherever specified, is required. Wherever,

information has been sought in specified formats, the Bidder shall refrain from
referring to brochures / pamphlets. Non-adherence to formats and / or
submission of incomplete information may be a ground for declaring the Bid as
non-responsive. Each format has to be duly signed and stamped by the
authorized signatory of the Bidder.
2.5.3
The Bidder shall furnish documentary evidence in support of meeting

Qualification Requirements to the satisfaction of the Authorized
Representative and shall furnish unconsolidated / consolidated audited annual
accounts in support of meeting financial requirement, which shall consist of
unabridged balance sheet, profit and loss account, profit appropriation
account, auditors report, etc. of Bidding Company or each Member of a
Consortium or Financially Evaluated Entity, as the case may be, for the last
three financial years ----- [indicate last three financial years] for the purpose of
calculation of Networth.
2.6
Bid submitted by a Bidding Consortium
2.6.1
The Bid shall contain a legally enforceable Consortium Agreement entered

amongst the Members in the Bidding Consortium, designating one of the
Members to be the Lead Member (as per Format 4.5). Each Member of the
Bidding Consortium shall duly sign the Consortium Agreement making it liable
for raising the required funds for its respective equity investment commitment
as specified in the Consortium Agreement. In the absence of a duly executed
Consortium Agreement, the Bid will not be considered for evaluation and will
be rejected.
Provided however that the Lead Member of the Bidding Consortium shall be
liable to the extent of one hundred percent (100%) of the total proposed
commitment of equity investment in the Project, i.e., for both its own liability as
well as the liability of the other Members.
Provided further that the Consortium Agreement shall not be amended without
the prior written approval of the Procurer/Authorized Representative.
2.6.2
The Lead Member shall designate one person to represent the Consortium in
its dealings with the Authorized Representative. The person designated by the
Lead Member shall be authorized through a Board resolution (as per Format
4.4) to perform all tasks including, but not limited to providing information,
Page 19

responding to enquiries, signing of Bid on behalf of the Consortium, etc.
Additionally, the Bid shall also contain a Power of Attorney in original (as per
Format 4.2) in favor of the Lead Member issued by the other Members of the
Consortium.
2.6.3
The Bid shall also contain a Board resolution as per Format 4.4 from each
Member of the Consortium confirming that the RfP and RfP Project
Documents have been read, examined and understood and also the Bid has
been reviewed and each element of the Bid is agreed to.
2.6.4
Point of contact in case of Bidding Consortium

In case of Bid being submitted by a Consortium, the Lead Member of the
Consortium shall be the single point of contact for the purposes of the Bid
process, before the date of signing of the RfP Project Documents. Settlement
of any dispute amongst the Consortium Members shall not be the
responsibility of the Procurer/ Authorized Representative and the Procurer/
Authorized Representative shall not bear any liability whatsoever on this
account.
2.7
Bid submitted by a Bidding Company
2.7.1
The Bidding Company should designate one person to represent the Bidding
Company in its dealings with the Procurer/ Authorized Representative. The
person so designated shall be authorized through a Board resolution (as per
Format 4.4) to perform all tasks including, but not limited to providing
information, responding to enquiries, signing of Bid on behalf of the Bidding
Company, etc.
2.8
Clarifications and Pre-bid Meeting
2.8.1
The Procurer/ Authorized Representative will not enter into any

correspondence with the Bidders, except to furnish clarifications on the RFP
and RfP Project Documents, if necessary. The Bidders may seek
clarifications or suggest amendments to RfP and RfP Project Documents in
writing, through a letter or by fax (and also soft copy by e-mail) to reach the
Procurer/ Authorized Representative at the address and date mentioned in
Clause 2.28. For any such clarifications or amendments, the Bidder should
adhere to the Format 4.15 of the RfP. For the avoidance of any doubt, it is
hereby clarified that there shall be no extension in the Bid Deadline on
account of clarifications sought in accordance with this Clause 2.8.1.
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2.8.2
The Bidder(s) or their authorized representative(s) is / are invited to attend

pre-bid meeting(s), which will take place on date as notified by the Procurer/
Authorized Representative. The time and venue of such meeting would be
intimated at a later stage.
2.8.3
The purpose of the pre-bid meeting will be to clarify any issues regarding the
RfP, including in particular, issues raised in writing by the Bidders.
2.8.4
Non-attendance at the pre-bid meeting will not be a cause for disqualification

of a Bidder.
2.8.5
The Procurer/Authorized Representative is not under any obligation to

entertain / respond to suggestions made or to incorporate modifications
sought for.
2.9
The drafts of the following RfP Project Documents have been attached to this
RFP;
a.
b.
c.
PPA as per Format 4.14 Enclosure -1;

Default Escrow Agreement as per Format 4.14 Enclosure -2;
Agreement to Hypothecate-cum-deed of Hypothecation as per Format
4.14 Enclosure -3.
Upon finalization of the RfP Project Documents after the amendments as

envisaged in Clause 2.13, the Procurer(s) shall initial all the pages of the PPA
and the other RfP Project Documents and deliver copies of the same to the
Bidders at least ten (10) days prior to the Bid Deadline.
2.10
Within fifteen (15) days of the issue of the Letter of Intent, the Successful
Bidder shall:
a.
b.
Provide a valid Contract Performance Guarantee as per the provisions of

Clause 2.24 of this RFP; and thereafter
Execute the PPA and other RfP Project Documents in required number
of originals so as to ensure that one original is retained by each party to
the agreement(s).
Provided that, if for any reason attributable to the Procurer(s), the above
activities are not completed by the Successful Bidder(s) within the above
period of fifteen (15) days of the issue of Letter of Intent as mentioned in this
Clause, such period of fifteen (15) days shall be extended, on a day for day
basis till the end of the Bid validity period.
Page 21
2.11
All stamp duties payable for executing the RfP Project Documents shall be
borne by the Successful Bidder.
2.12
If the Successful Bidder(s) fails or refuses to comply with any of its obligations
under Clause 2.10, and provided that the Procurer (s) and / or other parties to
the respective RfP Project Documents are willing to execute the said
documents, such failure or refusal on the part of the Successful Bidder shall
constitute sufficient grounds for cancellation of the Letter of Intent. In such
cases, the Procurer/Authorized Representative shall be entitled to invoke the
Bid Bond of the Successful Bidder(s).
2.13
Amendment of RFP
The Procurer/Authorized Representative, for any reason, whether at its own
initiative or in response to clarifications requested by any Bidder may modify
the RFP, including the timelines specified in Clause 2.27, by issuance of
addendum / modification / errata and / or a revised document. Such
document shall be notified in writing through a letter or fax or e-mail to all the
entities to which the RFP has been issued and shall be binding on them.
Such documents shall also be made available on the same website [insert
name of the website]. The Procurer/Authorized Representative shall not be
responsible for any delay in receipt of the addendum / modification / errata
and / or revised document and receipt of the same by the Bidders shall be
presumed by the Procurer/Authorized Representative upon taking all
reasonable steps to notify the Bidders in accordance with the means
mentioned in the preceding sentence. In order to provide reasonable time to
the Bidders to take the modification into account in preparing their Bid, or for
any other reasons, the Procurer/Authorized Representative may, at its
discretion, extend the Bid Deadline. Late receipt of any addendum /
modification / errata and / or revised document will not relieve the Bidder from
being bound by that modification or the Bid Deadline. All such
amendments/modifications shall be issued at least fifteen (15) days prior to
the Bid Deadline.
2.14
Bid Process
The Bids in response to this RfP will be submitted by the Bidders in two
envelops, in the manner provided in Clause 2.20:
A. Envelop-I comprising of:

1.
Covering Letter and Undertaking as per Format 4.1;

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2.
In case of a Bidding Consortium, a Power of Attorney in favour of the Lead

Member issued by the other Members of the Consortium shall be provided in
original as per format attached hereto as Format 4.2.
In the event any Member of the Bidding Consortium 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.
3.
Bank Guarantee (Bid Bond) in the form as per Format 4.3;
4.
Board Resolutions, as per prescribed formats enclosed as Format 4.4 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 Bid;
b. Board resolution from each of the Consortium Members except the Lead
Member in favour of the person authorised to execute the Power of
Attorney in favour of the Lead Member.
c. Board Resolution from the Bidding Company committing one hundred
percent (100%) of the equity requirement for the Project / Board
Resolutions from each of the Consortium Members together in aggregate
committing to one hundred percent (100%) of equity requirement for the
Project (in case of Bidding Consortium); and
d. Board Resolutions from Parent and /or Affiliate (whose credentials have
been used), of the Bidding Company / any Member of the Bidding
Consortium, undertaking to invest the entire amount as committed by
Bidding Company / Member of the Bidding Consortium, in event of failure
of the same to make such investment.
5.
In case of a Consortium, the Consortium Agreement between the Members in

the Consortium as per Format 4.5 along with board resolution from each
Member of the Consortium for participating in consortium;
6.
Format for Financial Requirements as per Format 4.6 as applicable;
7.
Format for Technical Criteria as per Format 4.7 as applicable;
8.
A disclosure statement as per Format 4.8 regarding participation of any

Page 23

related companies in this bidding process;
B. Envelop II- Financial Bid as per Format 4.10
The Bidders shall inter-alia take into account the following while
preparing and submitting the Financial Bid:a. The Quoted Charges having two components, namely:
i. Quoted Escalable Charges, and
ii. Quoted Non-Escalable Charges
b. In case of renewable power projects requiring fuel such as Bio-mass etc.,
the Bidder shall also quote the following Quoted Energy Charges:
i. Quoted Escalable Energy Charges, and
ii. Quoted Non-Escalable Energy Charges
c. In case of Quoted Escalable Charges and Quoted Escalable Energy
Charges, as applicable, the Bidders shall quote charges only for the first
Contract Year after Scheduled COD of the Project, subject to Sl. No. (f)
below.
d. Ratio of minimum and maximum Quoted Charges during the term of PPA
shall not be less than zero point seven (0.7) and this ratio shall be applied
only at the Bid evaluation stage on the Quoted Charges after duly
escalating the Quoted Escalable Charges on the basis of the escalation
rates specified in Clause 3.4.3.
e. Bidders are required to quote Quoted Non-Escalable Charges and Quoted
Non-Escalable Energy Charges, as applicable, for the Contract Years, for
a period of ----[insert no. of years] years commencing from the Scheduled
COD of the Project, as per Format 4.10.
f. Bidders shall have the option to quote firm Quoted Charges and Quoted
Energy Charges, as applicable, for the period of ----[insert no. of years]
years commencing from the Scheduled COD of the Project, i.e., where
the Quoted Escalable Charges and Quoted Escalable Energy Charges, as
applicable, shall be nil for all the Contract Years.
g. The Quoted Tariff as per Format [4.10 or 4.10 (a) or 4.10 (b), as the case
may be] shall be inclusive of all charges and no exclusions shall be
allowed. The Bidders shall take into account all costs including capital and
operating, statutory taxes, duties, levies. Availability of the inputs
necessary for operation and maintenance of the Project should be
ensured by the Seller at the Project site and all costs involved in procuring
the inputs (including statutory taxes, duties, levies thereof) at the Project
site must be included in the Quoted Tariff.
Page 24
h. Format duly signed by authorized signatory.

[Replace B (a) to (f) above with the following in case bid process is being
conducted as per 4.7 (i) & (ii) of the Bidding Guidelines
For 4.7 (i)
The Bidders shall quote the discount offered over the Bench Mark Tariff as per
Format 4.10 (a).
For 4.7 (ii)
The Bidders shall quote a single tariff as per Format 4.10 (b).]
2.15
Wherever information has been sought in specified formats, the Bidders shall fill
in the details as per the prescribed formats and shall refrain from referring to any
other document for providing any information required in the prescribed format.
2.16
The Bidder should note that:

a. 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 Bid, in any manner whatsoever, the Authorized
Representative reserves the right to reject such Bid and/or cancel the Letter
of Intent, if issued and invoke the available Bank Guarantee.
b. If for any reason the Bid of the Bidder with lowest evaluated Levellised Tariff
is rejected or Letter of Intent issued to such Bidder(s) is cancelled, the
Procurer/ Authorised Representative may:i) invite best reduced financial bids from those Bidders whose Bids are
responsive and valid on that date; or
ii) annul the bid process; or
iii) take any such measure as may be deemed fit in the sole discretion of the
Procurer/Authorised Representative
c. If the event specified at (a) is discovered after the Effective Date,
consequences specified in PPA shall apply.
d. Bids submitted by the Bidder shall become the property of the
Procurer/Authorized
Representative
and
the
Procurer/Authorized
Representative shall have no obligation to return the same to the Bidder.
e. All pages of the bids submitted must be initialed by the person authorised by
the Board as per Format 4.4, on behalf of the Bidder.
f. All the information should be submitted in English language only.
g. Bidders shall mention the name of the contact person and complete address
of the Bidder in the covering letter.
Page 25

h. Bids that are incomplete, which do not substantially meet the requirements
prescribed in this RfP, will be liable for rejection by Procurer/ Authorized
Representative.
i.
Bids not submitted in the specified formats will be liable for rejection by
Procurer/ Authorized Representative.
j.
Bidders delaying in submission of additional information or clarifications

sought will be liable for rejection.
k. Non submission and/or submission of incomplete data/ information required

under the provisions of RfP shall not be construed as waiver on the part of
Procurer/Authorized Representative of the obligation of the Bidder to furnish
the said data/information unless the waiver is in writing.
2.17
Bidder to inform itself fully

(a) The Bidder shall make independent enquiry and satisfy itself with respect to
all the required information, inputs, conditions and circumstances and factors
that may have any effect on its Bid. Once the Bidder has submitted the Bid,
the Bidder shall be deemed to have examined the laws and regulations in
force in India, the grid conditions, and fixed its price taking into account all
such relevant conditions and also the risks, contingencies and other
circumstances which may influence or affect the supply of power.
Accordingly, the Bidder acknowledges that, on being selected as Successful
Bidder, it shall not be relieved from any of its obligations under the RFP
Project Documents nor shall be entitled to any extension of time for
commencement of supply or financial compensation for any reason
whatsoever.
(b) The technical requirements of integrated grid operation are specified in the
Indian Electricity Grid Code (IEGC). The Bidders should particularly acquaint
themselves with the requirements of connection conditions, operating code
for regional grids, scheduling and dispatch code etc. The Bidders are also
advised to fully familiarize themselves with the real time grid conditions in
India. Information regarding grid parameters such as voltage and frequency
is readily available on the websites of Regional Load Dispatch Centres. The
protection trip setting of the generation on under frequency df/dt and defense
plan are coordinated at the RPC forum in consultation with all stakeholders
duly taking into account the design parameters of the various machines.
(c) In their own interest, the Bidders are requested to familiarize themselves with
the Electricity Act, 2003, the Income Tax Act 1961, the Companies Act,
1956, the Customs Act, the Foreign Exchange Management Act 1999, IEGC,
Page 26

the Environment Protection Act 1986 and Forest (Conservation) Act 1980,
the Land Acquisition Act 1984, the regulations framed by regulatory
commissions and all other related acts, laws, rules and regulations prevalent
in India, as amended from time to time. The Procurer/Authorized
Representative shall not entertain any request for clarifications from the
Bidders regarding the same. Non-awareness of these laws or such
information shall not be a reason for the Bidder to request for extension in
Bid Deadline. The Bidder undertakes and agrees that, before submission of
its Bid; all such factors as generally stated above, have been fully
investigated and considered while submitting the Bid.
(d) The Bidder shall familiarize itself with the procedures and time frames
required to obtain all Consents, Clearances and Permits required for the
supply of power to Procurer(s). The Procurer(s) shall have no liability to
obtain any of the Consents, Clearances and Permits required for setting up
of the generation facilities and/ or supply of power.
2.18
2.18.1
Minimum Equity holding/Equity Lock-In in the Project

The aggregate equity shareholding of the Selected Bidder in the issued and
paid up equity share capital of the Seller shall not be less than the following:
a) Fifty One percent (51%) from Effective Date up to a period of (3) three
years after commencement of supply of power.
2.18.2
It is clarified that if any of the entity/entities mentioned in serial number 4 (c)

of Clause 2.14 (A) make equity investment in the Seller, the minimum
shareholding requirements specified in Clause 2.18.1, shall apply to such
entity/entities.
2.18.3
In case of a Bidding Consortium, any Member other than the Lead Member
shall be allowed to divest its equity as long as the Lead Member holds the
minimum equity specified in Clause 2.18.1 (a) above. In case of a Bidding
Company, any investing entity(ies) shall be allowed to divest its equity as long
as the Successful Bidder hold the minimum aggregate equity specified in
Clause 2.18.1 (a) above.
2.18.4
If equity is held by the Affiliates or Parent Company, then such Affiliate or

Parent Company shall be permitted to transfer its shareholding in the Seller to
another Affiliate or to the Parent Company. If any such shareholding entity,
qualifying as an Affiliate/ Parent Company, is likely to cease to meet the
criteria to qualify as an Affiliate / Parent Company, the shares held by such
entity shall be transferred to another Affiliate / Parent Company.
Page 27
All transfers of shareholding in the Seller by any of the entities referred to

above shall be after prior written permission from the Procurer(s).
2.18.5
For computation of effective equity holding, the equity holding of the

Successful Bidder or its Ultimate Parent Company in such Affiliate(s) or
Parent Company and the equity holding of such Affiliate(s) or Ultimate Parent
Company in the Seller shall be computed in accordance with the example
given below:
If the Parent Company of the Successful Bidder 'A' directly holds thirty
percent (30%) of the equity in the Seller, then holding of Successful Bidder 'A'
in the Seller shall be thirty percent (30%);
If Successful Bidder 'A' holds thirty percent (30%) equity of the Affiliate and
the Affiliate holds fifty percent (50%) equity in the Seller, then, for the
purposes of ascertaining the minimum equity / equity lock-in requirements
specified above, the effective equity holding of Successful Bidder 'A' in the
Seller shall be fifteen percent (15%), (i.e., 30%* 50%);
2.18.6
2.19
The provisions as contained in this clause shall override the terms of the
Consortium Agreement submitted as a part of Bid.
Due Dates
The Bidders should submit the Bid so as to reach the address specified below by
.. [Insert time] hrs (IST) on .:
[insert name and address of the office of Procurer/Authorised Representative]
2.20
Method of Submission
2.20.1
Bids are to be submitted in single sealed cover envelope (as mentioned in

Clause 2.20.2) containing Envelope I and Envelope II each one duly sealed
separately. Envelope I and Envelope II should be transcripted in the following
way;
Envelope I transcript -
Bid for supply of power to Procurer/Authorised

Representative
Bidders Name- _____________________
Page 28
Due for opening on _____________

Envelope I: Non Financial Bid
Envelope II transcript -
Bid for supply of power to Procurer/Authorised

Representative
Bidders Name ______________________
Due for opening on ____________
Envelope II: Financial Bid
2.20.2
The two sealed Envelopes (mentioned in Clause 2.20.1) for the Bid submitted
by Bidders should be packed in a single sealed cover envelope, with the
following superscript:
Bid for supply of power to Procurer/Authorised Representative
Bidders name ____________
Due for opening on of Non Financial Bid _________
The Bidder has the option of sending its Bid either by registered post or
speed post, or courier, or by hand delivery, so as to reach the
Procurer/Authorised Representative at the designated address by the Bid
Deadline. Bids submitted by telex/telegram/fax/e-mail shall not be considered
under any circumstances. Procurer/Authorised Representative shall not be
responsible for any delay in receipt of the Bids. Any Bid received by
Procurer/Authorised Representative after the Bid Deadline shall be returned
unopened.
2.20.3
It may be noted that Non-financial Bid (Envelope I) shall not contain any
information/document relating to Financial Bid. If Non-financial Bid contains
any such information/documents, the Procurer/Authorised Representative
shall not be responsible for premature opening of the Financial Bid.
2.20.4
The Bid shall be submitted in one original + ___copies placed in one

envelope. No change or supplemental information to a Bid will be accepted
after the Bid Deadline, unless the same is requested for by the
Procurer/Authorised Representative. Provided that a Bidder shall always have
Page 29

the right to withdraw or modify its Bid before the Bid Deadline and in such a
case if the bid is withdrawn, its Bid shall be returned unopened.
2.20.5
2.21
If the outer cover envelope or Envelope I or Envelope II is not sealed and not
transcript as required, the Procurer/Authorised Representative will assume no
responsibility for the Bid's misplacement or premature opening.
Validity of the Bid
2.21.1
The Bidder shall submit the Bid which shall remain valid up to One Hundred
Fifty (150) days from the Bid Deadline. The Procurer/Authorised
Representative reserves the right to reject any Bid which does not meet the
aforementioned validity requirement.
2.21.2
The Procurer/Authorised Representative may solicit the Bidder's consent for

an extension of the period of validity of the Bid. The request and the
response, thereafter, shall be in writing. In the event the Bidder refuses to
extend the Bid validity as requested by the Procurer/Authorised
Representative, the Procurer/Authorised Representative shall not be entitled
to invoke the Bid Bond. A Bidder accepting Procurer/Authorised
Representatives request for validity extension shall not be permitted to
modify its Bid and such Bidder shall, accordingly, extend the validity of the Bid
Bond as requested by the Procurer/Authorised Representative within seven
(7) days of such request, failing which the Bid shall not be considered as
valid.
2.22
Preparation cost
The Bidder shall be responsible for all the costs associated with the
preparation of the Bid and participation in discussions and attending pre-bid
meeting(s), etc. Procurer/Authorized Representative shall not be responsible
in any way for such costs, regardless of the conduct or outcome of the bid
process.
2.23
2.23.1
Bid Bond
Each Bidder shall submit the Bid accompanied by Bid Bond in the format
provided in the Format 4.3, for an amount of Rs.______ [Insert amount not
less than that derived on the basis of Rs. 20 Lakh per MW of the gross
capacity of renewable power project] issued by any of the banks listed in
Format 4.13. The Bid Bond shall be valid for a period of seventy (70) days
beyond the validity of the Bid.
Page 30

2.23.2
Subject to the provisions of Clause 2.12, the Bid Bond may be invoked by the
Procurer on account of any of the following:
Failure to execute the PPA and other RfP Project Documents as per the
provisions of Clause 2.10; or
Failure to furnish the Performance Guarantee as per Clause 2.10 and

Clause 2.24; or
The Bid Bond shall also be invoked by the Procurer for submission of
wrong information by the Bidder or making any misrepresentation in Bid
as mentioned in Clause 2.16 (a).
Intimation of the reasons of the invocation of the Bid Bond shall be given to
the Selected Bidder within three (3) working days after such invocation.
2.23.3
Return of Bid Bond

i.
Bid Bonds of all the Bidders whose Bids are declared non-responsive
shall be returned within a period of thirty (30) days after the date on
which Financial Bids are opened.
ii.
The Bid Bond of all unsuccessful Bidders shall be returned and

released by the Procurer/Authorised Representative within a period of
thirty (30) days of the occurrence of the earlier of the following:
a) submission of the Performance Guarantee by the Successful
Bidder;
b) Expiry of the Bid Validity/extended validity of unsuccessful Bidders.
2.23.4
The Bid Bond of the Successful Bidder shall be returned on submission of

Performance Guarantee as per Clause 2.24 and the provisions of the PPA.
2.24
Performance Guarantee
2.24.1
The Selected Bidder shall provide to the Procurer within the time period as
specified in Clause 2.10, the Performance Guarantee in the format provided
in the Format 4.9, for an amount of Rs ---- [not less than that derived on the
basis of Rs. 50 Lakh per MW of the gross capacity of renewable power
project], which shall be provided separately to each of the Procurer for the
amount calculated pro-rata (and rounded off to the nearest one lakh with the
principle that amounts below Rs. 50,000/- shall be rounded down and
amounts of Rs. 50,000/- and above shall be rounded up), in the ratio of their
Allocated Contracted Capacities. The Performance Guarantee shall be
initially valid for a period of three (3) months after the Scheduled COD of the
Page 31

Project and thereafter shall be dealt with in accordance with the provisions of
the PPA. The Performance Guarantee shall be issued only by the banks
listed in Format 4.13.
2.25
Opening of Bids
2.25.1
Envelope I and Envelope II will be opened as per the following time schedule
and at the venue where the Bids are required to be submitted, in the
presence of one representative from such Bidders who wish to be present:
Opening of Envelope I: ____________ hours (IST) on ____________
Opening of Envelope II: ____________ hours (IST) on ____________
or such other dates as may be intimated by the Authorised Representative to
the Bidders
2.26
Commissioning
The Project shall be commissioned (Schedule COD) within ----[insert period
months] months of the date of signing of PPA. In case of failure to achieve this
milestone, provisions of PPA shall apply.
2.27
Time Schedule
The timeline for the bid process is given below:
Sl. Event
Date
1
Notice for Request for Proposal (RfP) [insert date of issue of RfP]
2 Submission of RfP Bid and opening of [issue of RfP + 75 days]
Non Financial Bids
2.28
Opening of Financial Bid
[issue of RfP + 100 days]
4
5
Evaluation of Bids and issue of LoI

PPA Signing & transfer of SPV

Enquiries/Clarifications
Enquiries/ clarifications may be sought by the Bidder upto [insert date 0+ 30
days] from:
Page 32
Designation:
Address
2.29
Tel:
Fax:
e-mail:
Right of the Procurer to reject a Bid

The Authorized Representative reserves the right to reject all or any of the Bid or
cancel the RfP without assigning any reasons whatsoever and without any
liability.
2.30
Confidentiality
The parties undertake to hold in confidence this RFP and RFP Documents and
not to disclose the terms and conditions of the transaction contemplated hereby
to third parties, except:
a) to their professional advisors;
b) to their officers, contractors, employees, agents or representatives, financiers,
who need to have access to such information for the proper performance of
their activities;
c) disclosures required under applicable Law,
without the prior written consent of the other parties of the concerned
agreements.
Provided that the Successful Bidder agrees and acknowledges that any of the
Procurers may at any time, disclose the terms and conditions of the RFP and
RFP Documents to any person, to the extent stipulated under the applicable Law
or the Bidding Guidelines.
2.31
Sharing of CDM Benefits

The proceeds of carbon credit from approved CDM project shall be shared
between generating company and concerned beneficiaries in the following
manner, namely
a) 100% of the gross proceeds on account of CDM benefit to be retained by the
project developer in the first year after the date of commercial operation of the
generating station ;
Page 33

b) In the second year, the share of the beneficiaries shall be 10% which shall be
progressively increased by 10% every year till it reaches 50%, where after the
proceeds shall be shared in equal proportion, by the generating company and
the beneficiaries.
The above shall be in consonance with the CERC (Terms and Conditions for
Tariff determination from Renewable Energy Sources) Regulation, 2009, as
amended from time to time.
Page 34
Section 3
EVALUATION
CRITERIA
Page 35
Section 3
3.
EVALUATION CRITERIA
3.1
The evaluation process comprises of the following two steps:

1.
2.
3.
4.
3.2
Step I Responsiveness check

Step II Evaluation of Non-Financial Bid
Step III - Evaluation of Financial Bid
Step IV Successful Bidder selection
Step I - Responsiveness check

The Bid submitted by the Bidder shall be scrutinised to establish
Responsiveness. Each Bidders Bid shall be checked for compliance with the
submission requirements set forth in this RfP.
Any of the following conditions shall cause the Bid to be Non-responsive:
i)
ii)
iii)
iv)
v)
vi)
vii)
3.3
Bids that are incomplete, i.e. not accompanied by any of the applicable
formats inter alia covering letter, power of attorney supported by a board
resolution, applicable board resolutions, format for disclosure, valid Bid
Bond, Consortium Agreement
Bid not received by the due date and time
Bid having Conflict of Interest
Bid being conditional in nature
Bidder submitting or participating in more than one Bid either as a Bidding
Company or as a Member of Bidding Consortium
Bidder delaying in submission of additional information or clarifications
sought by Procurer/ Authorized Representative as applicable;
Bidder makes any misrepresentation as specified in Clause 2.16 (a).
Step II - Evaluation of Non-Financial Bid
3.3.1 Step II (Evaluation of Non-Financial Bid) will be carried out considering the
information furnished by Bidders as prescribed under Section 4 (Formats for Bid
Submission). This step would involve evaluation of the Non-Financial Bid of the
Bidding Company/ Bidding Consortium as per the provisions specified in Section
2 of this RfP.
3.4
Step III - Evaluation of Financial Bid
Page 36

3.4.1 Financial Bids (Envelope II) of the Bidders qualified at Step II shall be opened in
presence of the representatives of such Qualified Bidders, who wish to be
present, as per the timelines indicated in this RfP, or such other date as may be
intimated by Procurer/ Authorized Representative to the Bidders. The evaluation
of Financial Bid shall be carried out based on the information furnished in
Envelope II (Financial Bid).
3.4.2 The Bidders shall quote the different components of Tariff as specified in Format
4.10. Based on the Quoted Tariff provided by the Bidders, the Levelized Tariff
shall be calculated for the term of the PPA as per the methodology mentioned
below.
3.4.3 For the purpose of comparison of Financial Bids, the escalable components of
Quoted Tariff of each Bidder shall be uniformly escalated as per the relevant
inflation / escalation rates mentioned below. For the actual Tariff payment, such
factors shall be applied as per the provisions of the PPA.
Head
General
1. Discount
Rate
for
computation of Levelized
Tariff
2. Annual escalation rate
applicable
to
Quoted
Escalable Charges
3. Annual escalation rate
applicable
to
Quoted
Escalable Energy Charges
Value
This shall be the rate notified
applicable on the day which is
days prior to Bid Deadline
by CERC
seven (7)
by CERC
seven (7)
by CERC
seven (7)
The factor at Sl. No. 3, shall be applied from the Bid Deadline (as applicable). The factor
mentioned in Sl No. 2 shall be from the Scheduled CoD. Further, the factors at sl. No. 2
& 3 shall be applied as at the mid point of each Contract Year.
[Replace clause 3.4.2 and 3.4.3 above with the following in case bid
process is being conducted as per 4.7 (i) & (ii) of the Bidding Guidelines
For 4.7 (i)
The Bidders shall quote the discount offered over the Bench Mark Tariff as per
Format 4.10 (a). Based on the discount offered, the Tariff shall be calculated for
the term of the PPA as per the methodology mentioned below.
For 4.7 (ii)
The Bidders shall quote a single tariff as per Format 4.10 (b). Based on the
quoted single tariff, the Tariff shall be calculated for the term of the PPA as per
the methodology mentioned below.]
Page 37

3.4.4 Computing Levelized Tariff or Tariff (as applicable)
3.4.4.1
The escalated Quoted Tariffs (Rs. Per kWh) of each of the Bidders for each
Contract Year for the term of PPA, calculated as per provisions of Clause
3.4.3, shall then be discounted upto the assumed commissioning date of the
entire Contracted Capacity mentioned in Clause 3.4.4.2, by applying the
discount factors (based on the discount rate as mentioned in Clause 3.4.3
above) and such aggregate discounted value for the term of the PPA shall be
divided by the sum of such discount factors so as to calculate the Levellised
Tariff of each Bidder.
3.4.4.2
The Levellised Tariff shall be calculated by assuming uniformly for all Bidders
that entire Contracted Capacity has been Commissioned on the date which is
----[Insert date of COD of the Project]. The Bidders are required to quote
tariffs for a period of ----[insert number of years] years from COD of the
Project. For the purposes of actual payment, the tariff for the Contract Years
beyond the ----[insert number of years] years from the COD of the Project
shall be the Quoted Tariff of the --[insert last year of the term of original
period] year from the COD of the Project with applicable escalation.
The methodology of computation of Levellised Tariff is explained in the
illustration as provided in Format 4.11.
[Replace clause 3.4.4.1 & 3.4.4.2 above with the following in case bid
process is being conducted as per 4.7 (i) & (ii) of the Bidding Guidelines
For 4.7 (i)
The Tariff arrived based on the discount offered by the Bidders over the
Bench Mark Tariff shall be fixed for the term of the PPA.
For 4.7 (ii)
The single Tariff quoted by the Bidders shall be fixed for the term of the PPA.]
3.5
STEP IV Successful Bidder Selection
3.5.1 Bids qualifying in Step III shall only be evaluated in this stage.
3.5.2 The Levelized Tariff or Tariff, as applicable, calculated as per Clause 3.4.4 for all
Financial Bids of Qualified Bidders shall be ranked from the lowest to the highest.
3.5.3 The Bidder with the lowest Levelized Tariff or Tariff, as applicable, shall be
declared as the Successful Bidder.
3.5.4 The Letter of Intent shall be issued to the such Successful Bidder subject to the
Clause 3.5.6
Page 38

3.5.5 Successful Bidder shall unconditionally accept the LOI, and record on one (1)
copy of the LOI, Accepted Unconditionally, under the signature of the
authorized signatory of the Successful Bidder and return such copy to the
Procurer/ Authorized Representative within three (3) days of issue of LOI.
3.5.6 If the Successful Bidder, to whom the Letter of Intent has been issued, does not
fulfill any of the conditions specified in Clause 2.10, the Authorized
Representative reserves the right to annul the award of the Letter of Intent of
such Successful Bidder. Further, in such a case, the provisions of Clause 2.16
(b) shall apply.
3.5.7 The Procurer/Authorized Representative, in its own discretion, has the right to
reject all Bids if the Quoted Tariff is not aligned to the prevailing market prices.
Page 39
Section 4
FORMATS FOR
BID SUBMISSION
Page 40
Section 4
FORMATS FOR BID SUBMISSION
The following formats are required to be submitted as part of the RfP. These
formats are designed to demonstrate the Bidders compliance with the
Qualification Requirements set forth in Clause 2.1 of Section 2 and other
submission requirements specified in the RfP.
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
Format of Covering Letter (Format 4.1)

Formats for Power of Attorney (Format 4.2)
Format for Bid Bond (Format 4.3)
Format for Board Resolutions (Format 4.4)
Format for the Consortium Agreement (Format 4.5)
Format for Financial Requirement (Format 4.6)
Format for Technical Criteria (Format 4.7)
Format for Disclosure (Format 4.8)
Format for Performance Guarantee (Format 4.9)
Format for Financial Bid (Format 4.10)
Illustration for Bid Evaluation and Computation of Levelized Tariff (Format
4.11)
Details of Procurer(s) (Format 4.12)
List of Banks (Format 4.13)
List of RFP Project Documents (Format 4.14)
Format for Clarifications/ Amendments on the RFP/RFP Project
Documents (Format 4.15)
A Bidder may use additional sheets to submit the information for its detailed
response.
Page 41
4.1
Format of Covering Letter and Undertaking

(The covering letter should be on the Letter Head of the Bidding Company/
Lead Member of the Bidding Consortium)
Date: _____________________
From :____________________(Insert name and address of Bidding
Company/ Lead Member of the Bidding
Consortium)
Tel.#:
Fax#:
E-mail address#
To
[Insert name and address of Authorised Representative]

Sub: Bid dated ----- for setting up of [insert name of the Project] and supply of
power to Procurer(s)
Dear Sir,
We, the undersigned . [insert name of the Bidder] having read, examined and
understood in detail the RFP and PPA for supply of power for ---[insert no. of years]
years to Procurer(s), hereby submit our Bid. We confirm that neither we nor any of our
Parent Company/ Affiliate has submitted Bid other than this Bid, directly or indirectly, in
response to the aforesaid RfP.
1. We give our unconditional acceptance to the RfP, dated ... [Insert date
in dd/mm/yyyy] and PPA attached thereto, issued by the Procurer/Authorised
Representative. We shall ensure that the PPA is executed as per the provisions of
the RfP and provisions of PPA shall be binding on us. Further, we confirm that the
Schedule COD of the Project shall be within ----[insert period of SCoD in months]
months of the date of signing of PPA and the Contracted Energy shall be ----MU
based on the Contracted Capacity of ----MW.
Page 42
2. Bid Bond
We have enclosed Bid Bond of Rs. .. [Insert Amount as per Clause 2.23.1
of this RfP], in the form of bank guarantee no.[Insert bank guarantee
number] dated . [Insert date of bank guarantee] as per Format 4.3 from
[Insert name of bank providing bank guarantee] and valid up to.in
terms of Clause 2.23.1 of this RfP.
3. We have submitted our Bid strictly as per Section 4 (Formats) of this RfP, without
any deviations, conditions and without mentioning any assumptions or notes in the
said Formats.
4. Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision made
by the Procurer(s)/Authorised Representative in respect of any matter regarding or
arising out of the RfP shall be binding on us. We hereby expressly waive any and all
claims in respect of this process.
5. Our Bid is valid upto the period required under Clause 2.21 of the RfP.
6. Familiarity with Relevant Indian Laws & Regulations
We confirm that we have studied the provisions of the relevant Indian laws and
regulations as required to enable us to submit this Bid and execute the PPA, in the
event of our selection as Successful Bidder.
7. We are enclosing herewith our Bid in one (1) original + [---] copy(ies) with formats
duly signed as desired by you in the RfP for your consideration.
8. It is confirmed that our Bid is consistent with all the requirements of submission as
stated in the RfP and subsequent communications from the ProcurerAuthorised
Representative.
9. The information submitted in our Bid is correct to the best of our knowledge and
understanding. We would be solely responsible for any errors or omissions in our
Bid.
10. Contact Person
Details of the contact person are furnished as under:
Name
:
Designation
.
:
..
Page 43

Company :
Address :
Phone Nos.
Fax Nos. :
E-mail address:
.
.
:
.
.
..
11. 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 Sellers event of default under
PPA, and consequent provisions of PPA shall apply.
Dated the _________ day of _________ , 20

Thanking you,
We remain,
Yours faithfully,
(Signature, Name and Designation of Person Authorized by the board as per

Clause 2.14 (A) 4 (a))
Page 44
4.2 Format for Power of Attorney to be provided by each of the other members
of the Consortium in favor of the Lead Member
POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act
relevant to place of execution.)
KNOW ALL MEN BY THESE PRESENTS THAT M/s..having its
registered office at ...., ..,..and M/s ..
having its registered office at .. , (Insert names and
registered offices of all Members of the Consortium) the Members of Consortium have
formed a Bidding Consortium named . (insert name of the Consortium)
(hereinafter
called
the
Consortium)
vide
Consortium
Agreement
dated....
and
having
agreed
to
appoint
M/s..as the Lead Member of the said Consortium do hereby
constitute, nominate and appoint M/s...a company incorporated
under the laws of .and having its Registered /Head Office at
...as our duly constituted lawful Attorney (hereinafter called as
Lead Member) to exercise all or any of the powers for and on behalf of the Consortium
in regard to submission of the Bid and if required, submission of Bid against RfP (in the
event selected as the qualified Bidder). We also authorize the said Lead Member to
undertake the following acts:
i)
To submit Bid on behalf of Consortium Members.
ii)
To do any other act or submit any information and document related to the above
Bid.
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.
Page 45

IN WITNESS WHEREOF M/s ..., as the
Member of the Consortium have executed these presents on this.. day of
........under the Common Seal of our company.
For and on behalf of Consortium Member

M/s.
-------------------------------(Signature, Name and Designation of Person
Authorized by the board as per Clause 2.14 (A) 4 (b))
(Name
Designation
Place:
Date:)
Accepted
--------------------------------(Signature, Name, Designation and Address of the person
authorised by the board of the Lead Member as per Clause 2.14 (A) 4 (a))
Attested
--------------------(Signature of the executant)
-----------------------------(Signature & stamp of Notary of the place of execution)

Place:---------------Date:------------------
Page 46
4.3 Format for Bid Bond

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
place of execution.)
In consideration of the -----[Insert name of the Bidder] (hereinafter referred to as
'Bidder') submitting the Bid inter alia for setting up of the ---[insert name of the Project]
of capacity [---]MW, at [Insert name of the place] for supply of power on
[Medium/long, as applicable] term basis, in response to the RfP dated ----- issued by -----[insert name of the Procurer/Authorised Representative] and ------[insert name of the
Procurer/Authorised Representative] considering such Bid of [insert the name of
the Bidder] as per the terms of the RfP, the _______________ [insert name & address
of bank] hereby agrees unequivocally, irrevocably and unconditionally to pay to -----[insert name of the Procurer/Authorised Representative] at ----[Insert Name of the Place
from the address of the Procurer/Authorised Representative] forthwith on demand in
writing from ------[insert name of the Procurer/Authorised Representative] or any Officer
authorised by it in this behalf, any amount upto and not exceeding Rupees----- [Insert
amount not less than as calculated as per clause 2.23.1 of RfP] 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 2.23.1 of RfP] 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 Rs. ___________ (Rs.
________________________ only). Our Guarantee shall remain in force until
________________ [insert date of validity in accordance with clause 2.23.1 of RfP]. -----[insert name of the Procurer/Authorised Representative] shall be entitled to invoke this
Guarantee till _____ [Insert date which is 30 days after the date in the preceding
sentence].
The Guarantor Bank hereby agrees and acknowledges that the ------[insert name of the
Procurer/Authorised Representative] shall have a right to invoke this BANK GUARANTE
in part or in full, as it may deem fit.
Page 47

The Guarantor Bank hereby expressly agrees that it shall not require any proof in
addition to the written demand by ------[insert name of the Procurer/Authorised
Representative], made in any format, raised at the above mentioned address of the
Guarantor Bank, in order to make the said payment to ------[insert name of the
Procurer/Authorised Representative].
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 ------[insert name of the
Procurer/Authorised Representative] to justify the invocation of this BANK
GUARANTEE, nor shall the Guarantor Bank have any recourse against ------[insert
name of the Procurer/Authorised Representative] in respect of any payment made
hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and
the courts at Jaipur 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 ------[insert name of the Procurer/Authorised Representative] 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 -----[insert name of the Procurer/Authorised Representative] 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 -----[insert name of the Procurer/Authorised Representative] and may be assigned, in
whole or in part, (whether absolutely or by way of security) by ------[insert name of the
Procurer/Authorised Representative] to any entity to whom ------[insert name of the
Procurer/Authorised Representative] is entitled to assign its rights and obligations under
the PPA.
Page 48

Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rs. ___________ (Rs. ________________________ only) and it shall
remain in force until ___________ [Date to be inserted on the basis of Clause 2.23.1 of
RfP] with an additional claim period of thirty (30) days thereafter. We are liable to pay
the guaranteed amount or any part thereof under this Bank Guarantee only if ------[insert
name of the Procurer/Authorised Representative] serves upon us a written claim or
demand.
Signature ____________________
Name___________________
Power of Attorney No._______________
For
______[Insert Name of the Bank]__
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
Page 49
4.4 - Format for Board Resolutions
(Format for the Board resolution to be passed)

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, passed the following Resolution:
1. RESOLVED THAT Mr/Ms., be and is hereby authorized to do on our
behalf, all such acts, deeds and things necessary in connection with or incidental to
our Bid for "Setting up of [--] MW [insert name of the Project] for supply of power to
the Procurer(s) (the Project) in the country of India, including signing and
submission of all documents and providing information / Bid to ---[insert name of the
Procurer/Authorised Representative], representing us in all matters before ---[insert
name of the Procurer/Authorised Representative], and generally dealing with --[insert name of the Procurer/Authorised Representative]in all matters in connection
with our bid for the said Project. (To be provided by the Bidding Company or the
Lead Member of the Consortium)
2. FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act,

1956 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 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 the each Member of the Bidding
Consortium including Lead Member such that total equity is 100%)
Page 50

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
the Consortium Agreement. Further, the RFP and RFP Project Documents have
been read, examined and understood and also the Bid has been reviewed and each
element of the Bid is agreed to. (To be provided by the each Member of the
Bidding Consortium including Lead Member)
FURTHER RESOLVED THAT Mr/Ms., be and is hereby authorized to
execute the Power of Attorney in favour of the Lead Member. (To be provided by
the each Member of the Bidding Consortium except the 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, 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 RfP. [To be
passed by the Lead Member of the Bidding Consortium]
3. FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to
M/s. . (Insert name of Bidding Company/ Consortium Member(s)) to use our
financial capability for meeting the Qualification Requirements for "Setting up of [--]
MW [insert name of the Project] for supply of power to the Procurer(s) (the Project)
and confirm that all the equity investment obligations of M/s.(Insert Name of
Bidding Company/ Consortium Member(s)), shall be deemed to be our equity
investment obligations and in the event of any default the same shall be met by us.
[To be passed by the entitiy(s) whose financial credentials have been used.]
Certified true copy

---------------------------(Signature, Name and stamp of Company Secretary/Director)
Notes:
1) This certified true copy should be submitted on the letterhead of the Company,
signed by the Company Secretary/Director.
Page 51

2) Memorandum and Articles of Association of the Bidder and its Parent/Affiliate(s)
whose credentials have been used should be submitted.
3) The contents of the format may be suitably re-worded indicating the identity of
the entity passing the resolution.
4) 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 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.
Page 52

4.5 Consortium Agreement
place of execution)
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), and 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 Bid, and execution of Power Purchase Agreement (in case of award),
against RfP dated _______issued by ------[insert name of the Procurer/Authorised
Representative], a Company incorporated/constituted under the [Companys Act, 1956],
and having its Registered Office at ________ or ______________.
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 the ------[insert name of the Procurer/Authorised Representative] desire to
procure power on long term basis through tariff based competitive bidding process;
WHEREAS, the ------[insert name of the Procurer/Authorised Representative] had
invited Bids vide its Request for Proposal (RfP) dated ____________
WHEREAS the RfP stipulates that in case Bid 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 ------[insert name of the
Procurer/Authorised Representative] wherein the Consortium Members have to commit
equity investment of a specific percentage for the Project.
NOW THEREFORE, THIS AGREEMENT WITNESSTH AS UNDER:
Page 53

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 RfP for self and agent for and on behalf of
Member-2, -----, Member-n.
2.
The Lead Member is hereby authorised 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 is/shall be in the
following proportion:
Name
Member 1
Member 2
Member n
Percentage
of
equity
holding in the Project
-------
Total
100%
(Note: The percentage equity holding for any Consortium Member in the Project
cannot be Zero in the above table.)
We acknowledge that after execution of PPA, our shareholding in the Project
shall be maintained as per the provisions of clause 2.18 of RfP.
Page 54

6.
The Lead Member, on behalf of the Consortium, shall inter alia undertake full
responsibility for liaising with Lenders and mobilising 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.
8.
Except as specified in the Agreement, it is agreed that sharing of responsibilities

as aforesaid and equity investment obligations thereto shall not in any way be a
limitation of responsibility of the Lead Member under these presents.
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 Jaipur 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 Procurers in terms of the RfP.
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 Procurer(s).
13.
The Lead Member is authorised 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 Bid.
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 Procurer(s).
15. This Agreement

(a)
has been duly executed and delivered on behalf of each Member hereto
and constitutes the legal, valid, binding and enforceable obligation of each
such Member;
Page 55
16.
(b)
sets forth the entire understanding of the Members hereto with respect to
the subject matter hereof; and
(c)
may not be amended or modified except in writing signed by each of the

Members and with prior written consent of Procurer(s)/ Authorised
Representative.
All the terms used in capitals in this Agreement but not defined herein shall have
the meaning as per the RfP & PPA.
IN WITNESS WHEREOF, the Members have, through their authorised representatives,

executed these present on the Day, Month and Year first mentioned above.
For M/s-----------------------------[Member 1]
----------------------------------------(signature, Name & Designation of the person authorized vide Board Resolution Dated
[])
Witnesses:
1) Signature----------------------Name:
Address:
2) Signature --------------------Name:
Address:
For M/s-----------------------------[Member 2]
[])
Witnesses:
1) Signature ----------------------Name:
Address:
2) Signature ---------------------Name:
Address:
For M/s-----------------------------[Member n]
Page 56

[])
Witnesses:
1) Signature ----------------------Name:
Address:
(2) Signature ---------------------Name:

Address:
__________________________________________
Signature and stamp of Notary of the place of execution
Page 57
4.6-
FORMAT FOR FINANCIAL REQUIREMENT NET WORTH

[on the letter head of Bidder]
To,
[Insert name and address of Authorised Representative]
Dear Sir,
We certify that the Bidding Company/Member in a Bidding Consortium had a minimum
Networth of Rs.---- crore (Rupees ------ Crore) or equivalent US$ based on
unconsolidated audited annual accounts of any of the last three (3) financial
years -----[indicate last three financial years] [Strike out the financial years not
applicable]. This Networth has been calculated in accordance with instructions provided
in clause 2.1.2.1 of the RfP.
Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the Networth by Bidding Company and/
or its Parent/ Affiliates for the financial year ______ as per following details:
Name of Company
Relationship with Bidding Company*

Parent/ Affiliate
Networth (Rs. Crore)
Company 1
----Total
* The column for Relationship with Bidding Company is to be filled only in case the
financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship as on seven
(7) days prior to the Bid Deadline, duly certified by the company secretary/chartered
accountant is required to be attached with the format.
Page 58

Exhibit (ii): Applicable in case of Bidding Consortium
(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]
Networth Requirement to be met by Member in Proportion to the Equity Commitment:

Rs.-------------Crore (Equity Commitment (%) * Rs. [ ] Crore)
For the above calculations, we have considered Networth by Member in Bidding
Consortium and/ or Parent/ Affiliate for financial year ______ as per following details:
Name of
Company
Relationship with Member*
Networth (Rs. Crore)
Parent/ Affiliate
Company 1
----Total
* The column for Relationship with Bidding Company is to be filled only in case the
financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship as on seven
(7) days prior to the Bid Deadline, duly certified by the company secretary/chartered
accountant is required to be attached with the format.
(Signature & Name of the person Authorised
(Signature and Stamp of
By the board)
Statutory Auditor)
Date:
Note:
Along with the above format, in a separate sheet, provide details of computation of
Networth duly certified by Statutory Auditor.
Page 59
4.7-
FORMAT FOR TECHNICAL CRITERIA

[on the letter head of Bidding Company/ Lead Member in a Bidding Consortium]
To,
[Insert name and address of Procurer/Authorised Representative]
Dear Sir,
We certify that the Bidding Company/Lead Member has experience of developing
projects in the last 5 years whose aggregate capital cost is not less than Rs.---------[Insert amount as per clause 2.1.2.2] Crore. We further certify that the capital cost of
each project considered is equivalent or more than Rs.--------- [Insert amount as per
clause 2.1.2.2] Crores. This Technical Requirement has been calculated in accordance
with instructions provided in clause 2.1.2.2 of the RfQ and on the basis of following
projects:
Sl
No
Name of
Bidding
Company/
Lead Member
/ or their
respective
Parent /
Affiliates
whose
technical
credential has
been taken
Relationship
with Bidding
Company/
Lead
Member*
Project
Name
1.
2.
3.
4.
1
2
3
-----
% of
Equity
held from
the time
of
Financial
Closure
to the
commissi
oning/co
mpletion
of the
Project
by the
company
mentione
d in
column 2.
5.
Project 1
-----
Nature
of
Project
Project
Cost
(Rs.
Crore)
Date of
Completi
on/
commissi
oning
6.
7.
8.
Page 60

Total
* The column for Relationship with Bidding Company is to be filled only in case
the financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, board resolution from such Parent/Affiliate as per 2.14A
4d is required to be submitted.
Further, it is certified that [ insert name of companies as mentioned in column No. 2]
have/has held at least 26% equity in the [insert name of the project mentioned in
column no. 4] from the Financial Closure till the date of commissioning/completion of
the corresponding project.
(Signature & Name of the person Authorised
(Signature and Stamp of
By the board)
Statutory Auditor)
Date:
Note:
Along with the above format, in a separate sheet, provide details of computation of
capital expenditure of the projects duly certified by Statutory Auditor/chartered
accountant.
Page 61
4.8 - Format for Disclosure
[On the letter head of Bidding Company/Each Member in a Bidding Consortium]
Disclosure
We hereby declare that our Parent, Affiliate or Ultimate Parent with which we have
direct or indirect relationship are not separately participating in this Bid.
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 Bid will be rejected and if LoI has been issued,
the same will be cancelled and the available bank guarantees will be encashed.
(Signature & Name of the person Authorised By the board)
Page 62

4.9 Format for Performance Guarantee
place of execution.)
In consideration of the ..[Insert name of the Successful Bidder with
address] agreeing to undertake the obligations under the PPA and the other RFP
Project Documents and ... [Insert name of Procurer](herein
after referred to as Procurer), agreeing to execute the RFP Project Documents with the
Successful Bidder for "Setting up of [--] MW [insert name of the Project] for supply of
power to the Procurer(s) (the Project) on [Medium/long, as applicable] term basis
through tariff based competitive bidding process, the . [Insert
name and address of the bank issuing the guarantee and address of the head office]
(hereinafter referred to as Guarantor Bank) hereby agrees unequivocally, irrevocably
and unconditionally to pay to the Procurer at [Insert address of
Procurer] forthwith on demand in writing from the Procurer or any Officer authorized by
it in this behalf, any amount up to and not exceeding Rupees ..
only [Insert amount not less than as calculated as per clause 2.24 of RfP] with respect
to the Contracted Capacity of ..[Insert name of the Procurer] as per the terms
of PPA on behalf of M/s. . [Insert name of the Successful
Bidder].
This guarantee shall be valid and binding on this Bank up to and including
___________[ insert date of validity in accordance with clause 2.24 of this RfP] 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 Rs. ___________ (Rs.
________________________ only)[Insert amount in accordance with clause 2.24 of
this RfP]. Our Guarantee shall remain in force until ________________ [insert date of
validity in accordance with clause 2.24 of this RfP]. Procurer shall be entitled to invoke
this Guarantee till _____ [Insert date which is 30 days after the date in the preceding
sentence].
The Guarantor Bank hereby agrees and acknowledges that the Procurer shall have a
right to invoke this BANK GUARANTE in part or in full, as it may deem fit.
Page 63

The Guarantor Bank hereby expressly agrees that it shall not require any proof in
addition to the written demand by the Procurer, made in any format, raised at the above
mentioned address of the Guarantor Bank, in order to make the said payment to the
Procurer.
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 Procurer to justify the
invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse
against Procurer in respect of any payment made hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and
the courts at Jaipur 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 Procurer 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 Procurer 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
Procurer and may be assigned, in whole or in part, (whether absolutely or by way of
security) by Procurer to any entity to whom Procurer is entitled to assign its rights and
obligations under the PPA.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rs. ___________ (Rs. ________________________ only) and it shall
remain in force until ___________ [Date to be inserted on the basis of Clause 2.24 of
this RfP] with an additional claim period of thirty (30) days thereafter. We are liable to
pay the guaranteed amount or any part thereof under this Bank Guarantee only if
Procurer serves upon us a written claim or demand.
Page 64
Signature ____________________
Name___________________
Power of Attorney No._______________
For
______[Insert Name of the Bank]__
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
Page 65

4.10 - Financial Bid
Quoted Tariff
Cont
ract
Year
(1)
Commenc
ement
Date of
Contract
Year
(2)
Scheduled
CoD
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
1-Apr
End Date of
Contract Year
(3)
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
31st March
Last
Anniversary
of the
Contract
Period
Quoted
Non
Escalable
Charges
Quoted
Escalable
Charges
Quoted
Escalable
Energy Charges
[Applicable in
case Fuel is
required for the
Project such as
Bio-mass etc.]
(Rs./ kWh)
Quoted Non
Escalable
Energy
Charges
[Applicable in
case Fuel is
required for
the Project
such as Biomass etc.]
(Rs./ kWh)
(Rs./ kWh)
(4)
(5)
(6)
(7)
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
(Rs./ kWh)
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Same as above
Page 66
_____________________________
(Signature, Name & Designation of the person Authorised By the board)
Place: ..
Date:
Instructions:
a) Please refer Clause 2.14 (B) of RfP
b) The Quoted Tariff in Rs./kWhr shall be provided up to three (3) decimal points.
c) The contents of this format shall be clearly typed.
d) All pages of this format shall be signed by the Authorised Person in whose name
Board Resolution as per Clause 2.14 (A) 4(a) is issued.
e) Ensure .. [Insert no. of years depending upon the term of PPA + 1] values of NonEscalable tariff components and only 1 value for Escalable components.
Page 67
4.10 (a) -
Financial Bid
[To be used in case bidding is being conducted on the basis of 4.7 (i) of the
Bidding Guidelines.]
Name of
Project
the Bench Mark Tariff

(in paise/kWh)
Discount offered on Bench Mark Tariff

(in paise/kWh)
----- [To be inserted

by the Procurer/
Authorised
Representative]
4.10 (b) -
Financial Bid
[To be used in case bidding is being conducted on the basis of 4.7 (ii) of the
Bidding Guidelines.]
Name of
Project
the Tariff offered

(in paise/kWh)
Page 68
4.11
- Illustration for Bid Evaluation and Computation of Levelized Tariff
Page 69

4.12 Details of Procurer(s) and Allocation of Contracted Capacity and
Contracted Energy
The allocation of Contracted Capacity among the Procurers will be as per the
following:
Name of the
Procurer/ Address
Total
Percentage of
Contracted
Capacity (%)
Contracted
Capacity in
MW
Contracted
Energy in MU
100%
Page 70

4.13 List of Banks
Scheduled Commercial Banks
SBI and Associates

1. State Bank of India
2. State Bank of Bikaner and Jaipur
3. State Bank of Hyderabad
4. State Bank of Indore
5. State Bank of Mysore
6. State Bank of Patiala
7. State Bank of Saurashtra
8. State Bank of Travancore
Nationalised Banks
9. Allahabad Bank
10. Andhra Bank
11. Bank of India
12. Bank of Maharashtra
13. Bank of Baroda
14. Canara Bank
15. Central Bank of India
16. Corporation Bank
17. Dena Bank
18. Indian Bank
19. Indian Overseas Bank
20. Oriental Bank of Commerce
21. Punjab National Bank
22. Punjab and Sind Bank
23. Syndicate Bank
24. Union Bank of India
25. United Bank of India
Page 71

26. UCO Bank
27. Vijaya Bank
2. Foreign Banks
1 BNP Paribas
2 Citi Bank N.A.
3 Deutsche Bank A.G.
4 The Hongkong and Shanghai Banking Corporation Ltd.
5 Standard Chartered Bank
6 ABN Amro Bank N.V.
7 UFJ Bank Ltd.
8 Sumitomo Mitsui Banking Corporation
9 Societe Generale
10 Barclays Bank
11 Bank of Novascotia
3. Scheduled Private Banks

12 ING Vysya Bank Ltd.
13 ICICI Bank Ltd.
14 HDFC Bank Ltd.
15 IDBI Bank Ltd
16 Axis Bank
17 Kotak Mahindra Bank
18 IndusInd Bank
[The above list is indicative and the Procurer/Authorized Representative is
authorized to modify the aforesaid list of Banks as deemed fit. Such modification
shall not be construed as a change in standard bidding documents.]
Page 72

4.14 - List of RfP Project Documents
Enclosure - 1:- PPA

Enclosure - 2:- DEFAULT ESCROW AGREEMENT
Enclosure - 3:- AGREEMENT TO HYPOTHECATE Cum DEED OF HYPOTHECATION
Page 73

4.15 Format for Clarifications/ Amendments on the RFP/RFP Project Documents
Sl. No.
Name of
the
Document
Clause
No. and
Existing
provision
Clarification
required
Suggested
text for the
amendment
Rationale for
the
Clarification or
Amendment
This format shall be used for submission of request for clarifications/amendments on the
draft RFP Project Documents as per the provisions of Clause 2.8.1 of this RFP.
Signature of Authorized Signatory of the Bidder:

Date:
(Please also affix Bidders stamp)
Page 74

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Procurer/ Authorised Representative

Standard Request for proposal for Renewable Energy Sources

Name of Authorised Person:

Standard Request for proposal for Renewable Energy Sources

This RfP, along with its Formats, is not transferable.

Neither the Procurers/ Authorized Representative, its employees nor its

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

Scheduled Commercial Operation Date or "Scheduled COD" shall be ------ [insert

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

----[insert name of the Authorized Representative / SPV] hereinafter referred to

The details of the Project including technical requirements are as under:

Standard Request for proposal for Renewable Energy Sources

The Procurer/Procurer through the Authorised Representative has incorporated a

The Procurer/ Authorized Representative propose to select a Bidder having the

Technology: The Bidder is free to choose any technology manufactured in India

Commencement of supply of power:

Standard Request for proposal for Renewable Energy Sources

Receipt and Opening of Bid:

Nodal Person for enquiries and clarifications

Standard Request for proposal for Renewable Energy Sources

Standard Request for proposal for Renewable Energy Sources

2. INFORMATION AND INSTRUCTION TO BIDDERS

The Bidder must fulfill the following Qualification Requirements specified in

Networth should be equal to at least Rs. . Crore or equivalent USD

Standard Request for proposal for Renewable Energy Sources

Paid up share capital (which shall include Paid up equity

Standard Request for proposal for Renewable Energy Sources

For the purposes of meeting financial requirements, only unconsolidated

Standard Request for proposal for Renewable Energy Sources

If the Bid is submitted by a Consortium, the financial requirement shall be met

Notwithstanding anything stated above, Procurer/ Authorized Representative

The Qualified Bidder(s) will be required to continue to maintain compliance

A Bidder is permitted to submit only one Bid in this bidding process,

Submission of Bid by the Bidder

Standard Request for proposal for Renewable Energy Sources

Strict adherence to the formats wherever specified, is required. Wherever,

The Bidder shall furnish documentary evidence in support of meeting

Bid submitted by a Bidding Consortium

The Bid shall contain a legally enforceable Consortium Agreement entered

Standard Request for proposal for Renewable Energy Sources

Point of contact in case of Bidding Consortium

Bid submitted by a Bidding Company

Clarifications and Pre-bid Meeting

The Procurer/ Authorized Representative will not enter into any

Standard Request for proposal for Renewable Energy Sources

The Bidder(s) or their authorized representative(s) is / are invited to attend

Non-attendance at the pre-bid meeting will not be a cause for disqualification

The Procurer/Authorized Representative is not under any obligation to

PPA as per Format 4.14 Enclosure -1;

Upon finalization of the RfP Project Documents after the amendments as

Provide a valid Contract Performance Guarantee as per the provisions of

Standard Request for proposal for Renewable Energy Sources

Dated the _ day of _ , 20