RFS 500 MW
RFS 500 MW
RFS 500 MW
ISSUED BY
Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL),
Renewable Energy Section, 5th Floor, ‘Prakashgad’,Bandra (East), Mumbai - 400 051
Website: www.mahadiscom.in
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Table of Contents
Annexure – A: Technical Parameter of PV Module and various other components for use in Grid
Connected Solar Power Plants ........................................................................................ 69
Annexure F: Self-Undertaking for identification of 100% land for solar project…………………… .89
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DISCLAIMER:
1. Though adequate care has been taken while preparing the RfS document, the Bidders shall
satisfy themselves 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 fifteen (15) days from the date of notification of RfS/ Issue of the RfS
documents, it shall be considered that the RfS document is complete in all respects and has
been received by the Bidder.
2. Maharashtra State Electricity Distribution Company Limited (MSEDCL) reserves the right
to modify, amend or supplement this RfS document including the draft PPA.
3. While this RfS has been prepared in good faith, neither MSEDCL nor their employees or
advisors make any representation or warranty, express or implied, or accept any
responsibility or liability, whatsoever, in respect of any statements or omissions herein,
or the accuracy, completeness or reliability of information, and shall incur no liability
under any law, statute, rules or regulations as to the accuracy, reliability or completeness
of this RfS, even if any loss or damage is caused by any act or omission on their part.
Place: Mumbai
Date: 14.02.2023
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Bid Information Sheet
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INR 3 Lakhs (plus applicable GST) (to be paid through
Processing Fee
online payment to the above mentioned account details
(non-refundable) and it is non-refundable in any case. (Kindly provide
UTR No. details to MSEDCL at the time of bid
submission), along with the response to RfS.
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Tender Services website htttps://www.bharat-electronictender.com (if not registered already)
e-tender portal, through the payment gateway facility of the e-bidding portal of INR 3000 (Indian
Rupees Three Thousand) (plus applicable taxes as indicated in E Tender portal) and subsequently
download the RfS and other Bid Documents from the E-tender Portal. A Bidder, who is already
registered on the E-tender Portal need not register again on the E-tender Portal. Additionally,
prior to submission of the proposal, a bidder is required to pay online through the payment
gateway on the E-bidding portal) a non-refundable ETS bidding/ Reverse Auction fee of INR
15,000 (Indian Rupees Fifteen Thousand only) (plus applicable taxes as indicated in the e-bidding
portal).
SECTION 1: INTRODUCTION
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Section 1: Introduction
1. Introduction
1.1.1 The erstwhile Maharashtra State Electricity Board was looking after Generation,
Transmission & Distribution of Electricity in the State of Maharashtra barring Mumbai.
But after the enactment of Electricity Act 2003, MSEB was restructured into 4 Companies
viz. MSEB Holding Co. Ltd., Maharashtra State Electricity Distribution Co. Ltd.
(Mahavitaran / MSEDCL), Maharashtra State Power Generation Co. Ltd. (Mahagenco) and
Maharashtra State Electricity Transmission Co. Ltd. (Mahatransco) on 6th June 2005.
1.1.2 In order to fulfill the renewable power purchase obligation (RPO) and to meet the future
power requirements, MSEDCL intends to procure solar power up to capacity of 500
MW from Grid connected Intra-State Solar Projects through Competitive Bidding
Process (conducted through electronically facilitated online web based portal of M/s
ISN Electronic Tender followed by reverse auction) and additional upto 500 MW
power under green shoe option.. MSEDCL shall enter into Power Purchase Agreement
(PPA) with the Bidders selected based on this RfS for purchase of solar power for a
period of 25 years from the Scheduled Commercial Operation Date in case of
proposed/new solar power projects or for a period of 25 years from the date of
execution of PPA for existing solar power projects based on the terms, conditions and
provisions of the RfS.
1.1.3 The Solar Power Generator shall be responsible for design, finance, procurement of land,
engineering, procurement, construction, operation and maintenance of the Project under
and in accordance with the provisions of the PPA to be entered into between the Solar
Power Generator and MSEDCL.
1.2.1 The bidders selected by MSEDCL based on this RfS, shall be existing solar power
project or shall set up Solar Power Projects in accordance with the provisions of
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this RfS document and Power Purchase Agreement (PPA). PPA format has been
enclosed and can be downloaded from htttps://www.bharat-electronictender.com.
1.2.2 MSEDCL shall enter into Power Purchase Agreement (PPA) with the Bidders selected
based on this RfS for purchase of solar power for a period of 25 years from the Scheduled
Commercial Operation Date in case of proposed/new solar power projects or for a period
of 25 years from the date of execution of PPA for existing solar power projects based on
the terms, conditions and provisions of the RfS. The tariff payable to Selected Bidder shall
be fixed for 25 years as discovered through the e-bidding and e-reverse auction conducted
vide this RfS. The tariff shall be inclusive of all statutory taxes, duties, levies, cess etc.
applicable as on the last date of bid submission. The bidders will be free to avail fiscal
incentives like Accelerated Depreciation, Concessional Customs and Excise Duties, Tax
Holidays, benefits from trading of carbon credits, etc. as available for such projects. The
same will not have any bearing on comparison of bids for selection. As equal opportunity
is being provided to all bidders at the time of tendering itself, it is up to the bidders to avail
various tax and other benefits. No claim shall arise on MSEDCL for any liability if bidders
are not able to avail fiscal incentives and this will not have any bearing on the applicable
tariff.
1.2.3 In case of import of energy during a month for Intra-State projects, the successful bidder
shall be required to make payment to MSEDCL at the prevailing tariff for the particular
category which is applicable to Solar Power Projects as determined by MERC from time to
time. At present the applicable tariff is HT Industry Tariff.
1.3.1 The Projects to be selected for aggregate capacity of 500 MW to be set up in Maharashtra
State in India, provide for deployment of Solar PV Technology. However, the selection of
projects would be technology agnostic within the technology mentioned hereinafter.
Crystalline silicon or thin film etc., with or without trackers can be installed. Only
commercially established and operational technologies can be used, to minimize the
technology risk and to achieve the timely commissioning of the Projects. The trackers may
fulfil the criteria as per the Annexure-G or any better technology/specifications.
1.3.2 Projects under construction, projects which are not yet commissioned and projects already
commissioned but do not have any long-term PPA with any agency and selling power on
short-term or merchant plant basis will, however, be considered, in case these projects
are not already accepted under any other Central or State Schemes and do not have any
obligations towards existing buyers.
1.3.3 Bidder shall ensure that the technology to be adopted shall be commercially established
technology as per Annexure-A and in accordance with MNRE’s Approved Models and
Manufacturers of Solar PV Modules (Requirements for Compulsory Registration) Order,
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2019 as amended from time to time, whichever is applicable. Final details of the same shall
be submitted 30 days before SCOD of project.
1.3.4 In order to timely completion of project, the bidder shall submit activity wise Tentative
schedule for meeting timelines/milestones as per RfS Schedule- at the time of bid
submission such as Grid Connectivity, Material Procurement, tentative date/month of
procurement of Solar Modules/Panels, Country of Import, if not domestically procured -
Solar Modules/Panels, Start and Completion of construction activities etc. However, if any
revision in given schedule, Bidder shall submit it at the time of Financial Closure.
SECTION 2: DEFINITIONS
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Section 2: Definitions
Following terms used in the document will carry the meaning and interpretations as described
below:
2.1 Definitions:
“Act” or “Electricity Act, 2003” shall mean the Electricity Act, 2003 and include any
modifications, amendments and substitution from time to time;
“Adjusted Equity” shall mean the Equity funded in Indian Rupees and adjusted on the first day
of the current month (the “Reference Date”), in the manner set forth below, to reflect the change
in its value on account of depreciation and variations in Wholesale Price Index (WPI), and for
any Reference Date occurring between the first day of the month of Appointed Date (the date of
achievement of Financial Closure) and the Reference Date;
a. On or before Commercial Operation Date (COD), the Adjusted Equity shall be a
sum equal to the Equity funded in Indian Rupees and expended on the Project,
revised to the extent of one half of the variation in WPI occurring between the first
day of the month of Appointed Date and Reference Date;
b. An amount equal to the Adjusted Equity as on COD shall be deemed to be the base
(the “Base Adjusted Equity”);
c. After COD, the Adjusted Equity hereunder shall be a sum equal to the Base
Adjusted Equity, reduced by 0.333% (zero point three three three percent) thereof
at the commencement of each month following the COD [reduction of 1% (one
percent) per quarter of a year] and the amount so arrived at shall be revised to the
extent of variation in WPI occurring between the COD and the Reference Date;
For the avoidance of doubt, the Adjusted Equity shall, in the event of termination, be computed
as on the Reference Date immediately preceding the Transfer Date; provided that no reduction
in the Adjusted Equity shall be made for a period equal to the duration, if any, for which the
PPA period is extended, but the revision on account of WPI shall continue to be made.
“Affiliate” shall mean a Company that, directly or indirectly,
i. controls, or
ii. is controlled by, or
iii. is under the common control with such Company.
The expression ‘control’ shall mean the ownership, directly or indirectly, of more than 50% of
the voting shares of such Company or right to appoint majority Directors.
“Bidder” shall mean Bidding Company or a Limited Liability Company (LLC) or a Bidding
Consortium submitting the Bid. Any reference to the Bidder includes Bidding Company/
LLC/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.;
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“Bidding Consortium” or “Consortium” refers to a group of Companies that has collectively
submitted the response in accordance with the provisions of these guidelines.
“Capacity Utilisation Factor (CUF)” is the ratio of Delivered Energy by SPD over the year to
the equivalent energy output at its rated capacity over the yearly period. The number of hours in
a year for calculation of capacity utilization factor shall be considered as 8766. However, for
avoidance of any doubt, it is clarified that the CUF shall be calculated on the Contracted
Capacity;
In any Contract Year, if ‘X’ MWh of energy has been delivered out at the Delivery Point for ‘Y’
MW Contract capacity, CUF= (X MWh/(Y MW*8766)) X100%;
“Chartered Accountant” for bidders or its Parent, Affiliate or Ultimate Parent or any Group
Company incorporated in India, “Chartered Accountant” shall mean a person practicing in
India or a firm whereof all the partners practicing in India as a Chartered Accountant(s) within
the meaning of the Chartered Accountants Act, 1949;
For bidders or its Parent, Affiliate or Ultimate Parent or any Group Company incorporated in
countries other than India, "Chartered Accountant" shall mean a person or a firm practicing
in the respective country and designated /registered under the corresponding Statutes/laws of the
respective country;
“Company” shall mean a body incorporated in India under the Companies Act, 1956 or the
Companies Act, 2013, as applicable;
“Commissioning” with respect to the Project as certified by SLDC/DISCOM shall mean when
all equipment’s as per rated capacity has been installed and energy has flown into the grid.
“Commercial Operation Date “with respect to the Project shall mean the date certified in the
commissioning certificate is issued upon successful commissioning of the full capacity of the
Project or the last part capacity of the Project (certified by SLDC/MSEDCL) as the case may be
and such date as specified in a written notice given at least 30 days in advance by the Successful
Bidder to MSEDCL.”
“Contracted Capacity” shall mean the capacity (in MW AC) contracted with MSEDCL for
supply by the successful bidder at the Delivery Point from the Solar Power Project.
“Contract Year” shall mean, with respect to the initial Contract Year, the period beginning on
the Commercial Operation Date and ending at 12.00 midnight on 31st March of that Fiscal Year.
Each successive Contract Year shall coincide with the succeeding Fiscal Year, i.e., a period of
twelve months commencing on April 1 and ending on following March 31, except that the final
Contract Year shall end on the date of expiry of the Term or on Termination of this Agreement
whichever is earlier.
“Control” shall mean the ownership, directly or indirectly, of more than 50% (fifty percent) of
the voting shares of such company or right to appoint majority Directors.
“Controlling shareholding” shall mean not less than 51% of the voting rights or paid up share
capital in the Company/Consortium.
“Day” shall mean calendar day.
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“Delivered Energy” means the kilowatt hours of energy actually measured by the energy
meters/scheduled energy (as may be applicable) at the Delivery Point and as certified by
SLDC/DISCOM.
“Delivery Point” shall mean the point(s) of connection(s) at which energy is delivered into the
Grid System:
• For existing intra - state projects, at the existing metering point(s).
• For new intra - state projects, at the voltage level of 33 kV or above of STU/MSETCL
sub-station.
“Electricity Laws” shall mean the Electricity Act, 2003 and the relevant rules, notifications, and
amendments issued there under and all other Laws in effect from time to time and applicable to
the development, financing, construction, ownership, operation or maintenance or regulation of
electric generating companies and Utilities in India, the rules, regulations and amendments
issued by MERC from time to time.
“Effective Date” shall mean the date of execution of Power Purchase Agreement (PPA) by
both the parties;
“Financial Closure” or “Project Financing Arrangements” shall mean as defined under clause
3.13 of the RfS document.
“Financing Documents” means the agreements and documents (including asset leasing
arrangements) entered/to be entered into between the bidder and the Financing Parties relating
to the financing of the Project.
“Financing Parties” means Parties financing the Project, pursuant to Financing Documents.
“Group Company” of a Company means
(i) a Company which, directly or indirectly, holds 10% (ten percent) or more of the share
capital of the company, or
(ii) a company in which the company, directly or indirectly, holds 10% (ten percent) or more
of the share capital of such company, or
(iii) Company in which the company, directly or indirectly, has the power to direct or cause
to be directed the management and policies of such company whether through the
ownership of securities or agreement or any other arrangement or otherwise, or
(iv) a company which, directly or indirectly, has the power to direct or cause to be directed
the management and policies of the Company whether through the ownership of
securities or agreement or any other arrangement or otherwise, or
(v) a company which is under common control with the company, and control means
ownership by one company of at least 10 % (Ten) of the share capital of the other
company or power to direct or cause to be directed the management and policies of
such company whether through the ownership of securities or agreement or any other
arrangement or otherwise.
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Provided that a financial institution, scheduled bank, foreign institutional investor, nonbanking
financial company, and any mutual fund shall not be deemed to be Group Company, and its
shareholding and the power to direct or cause to be directed the management and policies of a
company shall not be considered for the purposes of this definition unless it is the Project
Company or a Member of the Consortium developing the Project.
“Interconnection Points”; shall mean the point(s) of connection(s) at which the project is
connected to the grid:
• For existing intra - state projects, at the existing metering point(s).
• For new intra - state projects, at the voltage level of 33 kV or above of STU/MSETCL
sub-station, including the transmission line (dedicated/sharing) connecting the solar
power project.
“Lead Member of the Bidding Consortium” or “Lead Member”; There shall be only one
Lead Member, having shareholding more than 51% in the Bidding Consortium, which cannot
be changed till 1 year from the Commercial Operation Date (CoD) of the Project.
“Letter of Award” or “LOA” shall mean the letter issued by Maharashtra State Electricity
Distribution Company Ltd (MSEDCL) to the Selected Bidder for award of contract.
“LLC” shall mean Limited Liability Company.
“Member in a Bidding Consortium” or “Member” shall mean each Company in a Bidding
Consortium. In case of a Technology Partner being a member in the Consortium, it has to be a
Company.
“MERC” shall mean Maharashtra Electricity Regulatory Commission.
“Metering Point”; For existing intra - state projects, metering shall be at the existing metering
point(s); For new intra - state projects, metering shall be at the voltage level of 33 kV or above
of STU/MSETCL sub-station including the transmission line (dedicated/sharing) connecting
the solar power project.
All expenses including wheeling charges and losses between the Project and the Metering Point
shall be paid by the Solar Power Generators without any reimbursement by the MSEDCL. All
expenses including wheeling charges and losses in relation to the transmission and distribution
beyond the Metering Point shall be borne by the MSEDCL.
“Month” shall mean calendar month.
“Net-Worth” means the Net-Worth as defined in Section 2 of the Companies Act 2013.
“Paid-up share capital shall include:
• Paid-up equity share capital
• Fully, compulsorily and mandatorily convertible Preference shares
• Fully, compulsorily and mandatorily convertible Debentures
“Parent” means a company, which holds not less than 51% equity either directly or indirectly
in the Project Company or a Member in a Consortium developing the Project;
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“Part Commissioning” shall mean a part of the Solar PV Capacity (AC MW) commissioned as
per clause 3.14.5 under Section 3 of the RfS
“Performance Bank Guarantee” shall mean the irrevocable unconditional bank guarantee to
be submitted by the successful bidder as per Section 3.9.
“PPA” shall mean the Power Purchase Agreement signed between the successful bidder and
MSEDCL according to the terms and conditions of the standard PPA enclosed with this RfS;
“Project” shall mean a Solar Photovoltaic Grid Interactive Power Station existing or to be
established by the successful bidder comprising of number of units at single/multiple locations,
and shall include land, buildings, plant, machinery, ancillary equipment, material, switch-gear,
transformers, protection equipment and the like necessary to deliver the Electricity generated by
the Project to MSEDCL at the Delivery Point.
“Project Site” means any and all parcels of real property, rights-of-way, easements and access
roads, upon which the Project and its related infrastructure will be located.
“Project Capacity” means the AC capacity of the project to be contracted with MSEDCL for
supply from the Solar Power Project at the Delivery point.
“Project Developer” or “Developer” or “Solar Power Developer (SPD)” or “Bidder” or
“Solar Power Generator" shall mean the Bidding Company or a Bidding Consortium
participating in the bid and having been selected and allocated a project capacity by MSEDCL
(through a competitive bidding process), including the SPV formed by the selected bidder/
consortium for the purpose of setting up of this project exclusively and signing of PPA with
MSEDCL;
“RfS Document” shall mean the bidding document issued by MSEDCL including all attachments,
clarifications and amendments thereof.
“SCADA” means the Supervisory Control and Data Acquisition System (SCADA) installed for
recording and transferring the online data.
“SCOD” or “Scheduled Commercial Operation Date” shall mean the date as declared by the
Successful Bidder in the PPA which shall not exceed 15 (fifteen) months from the date of
execution of the PPA, for projects being set up in Solar park, and 18 (eighteen) months from
the date of execution of the PPA, for projects being set up outside Solar park.
“SEA” means the State Energy Account issued by State Load Dispatch Centre and amendment
thereto.
“Selected Bidder or Successful Bidder” shall mean the Bidder selected pursuant to this RfS
to set up the Project and supply electrical output as per the terms of PPA.
“SLDC” means the State Load Dispatch Center as notified by the State Government.
“Solar PV Project” means the solar Photo Voltaic Power project that uses sunlight for direct
conversion into electricity through Photo Voltaic technology.
“STU or “State Transmission Utility” shall mean the State Transmission Utility notified by
respective State Government under Sub-section (1) of Section 39 of the Act.
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“SNA” means State Nodal Agency.
“TOE” shall mean Tender Opening Event.
“Ultimate Parent” shall mean a Company, which owns not less than fifty-one percent (51%)
equity either directly or indirectly in the Parent and Affiliates.
“Week” shall mean calendar week.
“Voltage of Delivery” means the voltage at which the Electricity generated by the Project is
required to be delivered to the MSEDCL.
“Quoted Tariff/Discovered Tariff” means the tariff quoted/discovered by the power producer
which is inclusive of all taxes, duties, cess and etc..
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SECTION 3: BID INFORMATION
AND INSTRUCTION TO BIDDERS
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Section 3: Bid Information and Instructions to
Bidders
3.1 Obtaining RfS Document, Cost of documents & Processing Fees
3.1.1 The RfS document can be downloaded from the website of htttps://www.bharat-
electronictender.com. Interested bidders have to download the official copy of RfS
& other documents after logging into htttps://www.bharat-electronictender.com by
using the Login ID & Password provided by M/s ISN Electronic Tender Portal during
registration (Refer Annexure – D).
3.1.2 The bidders shall be eligible to submit/ upload the bid document only after logging into
the htttps://www.bharat-electronictender.com and downloading the official copy of RfS.
3.1.3 Prospective Bidders interested to participate in the bidding process are required to
submit their proposals in response to this RfS document along with a non-refundable
processing fee as mentioned in the Bid Information Sheet. The bids submitted
without cost of the RfS document and/or Processing Fee and/or Bank Guarantee
against EMD, shall not be considered for the bidding and such bids shall not be opened by
MSEDCL.
1. Total Capacity:
Selection of Grid-connected Solar PV Projects for total capacity of 500 MW(Phase-
X) with Green Shoe option of additional upto 500 MW will be carried out through e-
bidding followed by e-Reverse Auction process.
Note: The maximum bidding capacity to single bidder is 500 MW subject to satisfying
technical and financial criterion. Further, the project capacity shall be in the multiples of
25 MW beyond minimum project capacity (25 MW).
The successful bidder shall set up Solar PV Power Project(s) including the transmission
network up to the Delivery Point in line with Section 3.7, at its own cost (including but
not limited to open access charges till the delivery point) and in accordance to the
provisions of this RfS document. All approvals, permits and clearances required for
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setting up of the Project (including connectivity) and those required from State
Government and local bodies shall be in the scope of the successful bidder. However,
the selection of Projects would be technology agnostic within PV technology and
crystalline silicon or thin film, etc. with or without Trackers can be installed. In order to
ensure only quality systems are installed, the Bidders shall strictly comply with the technical
parameters detailed in the Annexure –A and as specified by MNRE from time to time
whichever is applicable.
The Bidder shall identify 100% land required for the project and submit tentative locations
at the time of submission of bid in Format 6.1. The Bidder shall be allowed to change the
location of the project once at the time of achievement of Financial Closure i.e. within 9
(nine) months from the date of execution of the Power Purchase Agreement for projects
being set up in Solar park, and within 12 (twelve) months from the date of execution of
the Power Purchase Agreement, for projects being set up outside Solar park.
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6. Limited Liability Companies (LLC) shall be eligible. Further, if such Limited
Liability Companies are selected as successful Bidders, they will have to register as
a Company under the Indian Companies Act, 1956 or Companies Act, 2013, as
applicable, before signing of PPA, keeping the original shareholding of LLC
unchanged. In such cases, it will also be mandatory on the part of such Limited
Labiality Companies to either demonstrate or infuse the capital in form of his own
equity in line with the requirement stipulated in Clause 3.6 given below. In case LLC
fails to incorporate as an Indian company before signing of PPA or unable to
demonstrate/ infusion of capital in form of his own equity in to the Company
registered in India or not able to sign PPA with MSEDCL, EMD of such Bidders
shall be forfeited. Note: Limited Liability Companies (LLC) shall be eligible only
for those LLCs which are formed by companies.
iv. For avoidance of doubt, “net worth” as per Section 2 (57) of the Companies Act
2013 means the aggregate value of the paid-up share capital and all reserves
created out of the profits and securities premium account, after deducting the
aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created out of revaluation of assets, writeback of
depreciation and amalgamation.
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quantum for which bid has been submitted, then the Bidder shall be qualified
for such lesser quantum, provided that such quantum is not less than minimum
bid capacity i.e. as specified in Clause 3.2.2.
2) Liquidity:
In order to ascertain that the Bidder has sufficient means to manage the fund
requirements for the Project, the Bidder shall be required to demonstrate at least one
of the following parameters:
iii. In-principle sanction letter from the lending institutions/banks of the Bidder,
committing a Line of Credit for a minimum amount of INR 8.79 Lakhs/MW of
the quoted capacity, towards meeting the working capital requirement of the
project quoted under this RfS. Such letter can also be obtained by the
Affiliate(s) of the Bidder.
3) The Bidder may seek qualification on the basis of financial capability of its Affiliate(s)
for the purpose of meeting the qualification requirements as per Clause 3.6.1 & 3.6.2
above. In case of the Bidder being a Bidding Consortium, any Member may seek
qualification on the basis of financial capability of its Affiliate(s). In such cases, the
Bidder shall be required to submit Board Resolutions from the respective Affiliate(s),
undertaking to contribute the required equity funding and performance bank
guarantees in case the Bidder(s) fail to do so in accordance with the RfS. In case of
non-availability of the Board Resolution as required above, a letter from the
CEO/Managing Director of the respective Affiliate(s), undertaking the above, shall be
required to be submitted and the requisite Board Resolution from the Affiliate(s) shall
be required to be submitted prior to signing of PPA.
4) For the purposes of meeting financial requirements, only latest unconsolidated audited
annual accounts shall be used. However, audited consolidated annual accounts of the
Bidder may be used for the purpose of financial requirements provided the Bidder has
at least twenty six percent (26%) equity in each Company whose accounts are merged
in the audited consolidated account.
5) A Company/ Consortium would be required to submit annual audited accounts for the
last financial year, i.e. FY 2021-22 or as on the day at least 7 days prior to the bid
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submission deadline, along with net worth, annual turnover and PBDIT certificate (as
applicable) from a practicing Chartered Accountant/ Statutory Auditor to demonstrate
fulfillment of the criteria. In case of foreign companies, the Bidders shall be required
to submit the annual audited accounts for the last respective financial year as per the
general norm in the country where the Bidder or its Affiliate(s) is/ are located.
Note: In case of foreign Bidders, in the event the Bidder is unable to furnish the
audited annual accounts for the previous financial year as per the prevalent norm in
the respective country, the Bidder shall submit the annual audited accounts of the last
financial year for which the audited accounts are available. This, however, would be
acceptable, subject to the condition that the last date of response to this RfS falls on
or within the deadline for completion of audit of annual accounts of companies, as
stipulated by the laws/rules of the respective country, and the Bidder shall submit the
corresponding documentary evidence against the same. In case the annual accounts
are submitted in a language other than English, a certified English translation from an
approved translator shall be required to be submitted by the Bidder.
6) For meeting the above financial eligibility criteria, if the data is provided by the Bidder
in a foreign currency, equivalent Indian Rupees of Net Worth and other financial
parameters will be calculated by the Bidder using Reserve Bank of India’s reference
rates prevailing on the date of closing of the accounts for the respective financial year.
7) In case of any currency for which RBI reference rate is not available, Bidders shall
convert such currency into USD as per the exchange rates certified by their banker
prevailing on the relevant date and used for such conversion. After such conversion,
Bidder shall follow the procedure/ submit document as elaborated in Clause 6 above.
8) In case the response to RfS is submitted by a Consortium, then the financial
requirement (both the Net-Worth and Turnover requirements, if applicable) to be met
by each Member of the Consortium shall be computed in proportion to the equity
commitment made by each of them in the Project Company.
For example, if two companies A and B form a Consortium with equity participation
in 70:30 ratio and submit their bid for a capacity of 100MW, then, total Net-Worth to
be met by the Consortium is Rs. 1.00 Crores x 100MW = Rs. 100 Crores. Minimum
requirement of Net-Worth to be met by Lead Member A would be minimum Rs. 70
Crores and to be met by Consortium Member B would be Rs. 30 Crores. Similar
methodology shall be followed for computation of turnover and other liquidity
requirement.
2. The responsibility of getting the grid connectivity with STU i.e MSETCL shall entirely
be of the successful bidder. The successful bidder shall submit documentary evidence for
securing connectivity with grid in its name/ or its developer from STU within 9 (nine)
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months from the date of execution of the Power Purchase Agreement, for projects being
set up in Solar park, and within 12 (twelve) months from the date of execution of the
Power Purchase Agreement, for projects being set up outside Solar park.
Provided that if Successful Bidder/SPV with whom PPA has been executed have the Grid
connectivity in name of its developer, the successful bidder shall submit Memorandum
of Understanding (MoU) between successful bidder and its developer for utilization of
grid connectivity of its developer by the successful bidder under this Tender. However,
successful bidder shall fulfill all the responsibilities under PPA.
4. The arrangement of connectivity can be made by the successful bidder through a dedicated
line or sharing of a line. The dedicated line may be constructed by the successful bidder
or through any other agency. The entire cost of transmission including cost of construction
of line, maintenance, losses etc. from the project up to the delivery point will be borne
by the successful bidder. The arrangement of connectivity can be made through sharing
of a line, however sharing of line shall be at the discretion of the bidder provided there is a
legally binding agreement between the bidder and the other parties sharing the same line for
a period not less than 25 years and the bidder shall indemnify MSEDCL for any loss arising
out of failure of such shared line.
5. All expenses including wheeling charges and losses between the Project and the Delivery
Point shall be paid by the Successful Bidder without any reimbursement by MSEDCL.
6. The successful bidder shall not be entitled to deemed generation in case of any delay
in grant of connectivity. The bidder shall choose the location of the project considering the
grid connectivity availability upto financial closure.
7. The successful bidder shall comply MERC regulations on Forecasting, Scheduling and
Deviation Settlement, as applicable and are responsible for all liabilities related to
Connectivity.
3.8 Clearances required from the State Government and other local bodies:
The Bidders are required to obtain necessary clearances and permits as required for
setting up the Solar Power Projects.
3.9 Earnest Money Deposit (EMD) and Performance Bank Guarantees (PBG):
The Bidder shall provide the following Bank Guarantees to MSEDCL in a phased
manner as follows:
i. Earnest Money Deposit (EMD) of INR 4 Lakh / MW in the form of Bank
Guarantee along with RfS according to Format 6.3 A and valid for 06 months from the
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last date of bid submission with claim period of 07 months and shall be submitted by
the Bidder along with their bid failing which the bid shall be summarily rejected. The
Bank Guarantees towards EMD have to be in the name of Maharashtra State Electricity
Distribution Company Ltd. (MSEDCL) by the Bidding Company / Lead Member of
Bidding Consortium.
The Bidder shall furnish the Bank Guarantees towards EMD from any of the
Banks listed in Annexure-C in favour of MSEDCL.
In case of Bank Guarantee issued by foreign branch of Bank from bank list (As given
in Annexure C) in the RfS is to be endorsed by the Indian branch of the same Bank or
State Bank of India.
The Bidders selected by MSEDCL, based on this RfS shall submit the Performance
Bank Guarantee (PBG) of INR 11 Lakh/MW according to the Format 6.3 B, issued
in favor of MSEDCL with a validity period up to 6 months from Scheduled
Commercial Operation Date (SCOD) with claim period of 12 months, 2 days prior
to signing of PPA. The Bidder shall furnish the Performance Bank Guarantees
(PBGs) from any of the Banks listed at Annexure - C to MSEDCL. In case of Bank
Guarantee issued by foreign branch of Bank from bank list (As given in Annexure C)
in the RfS is to be endorsed by the Indian branch of the same Bank or State Bank of
India.
iii. The format of the Bank Guarantees prescribed in the Formats 6.3 A (EMD) and 6.3
B (PBG) shall be strictly adhered to and any deviation from the above Formats shall
result in rejection of the EMD/PBG and consequently, the bid. In case of deviations in
the formats of the Bank Guarantees, the corresponding PPA shall not be signed by
MSEDCL.
iv. The successful bidders are required to sign PPA with the MSEDCL within 30 days
after the date of issue of LoA. Subsequent extension in this timeline shall be finalized
and agreed by MSEDCL. In case, MSEDCL offers to execute the PPA with the
Selected Bidder and if the Selected Bidder does not submit the requisite documents
as per Section 3.11 or does not meet eligibility criteria upon submission of
documents or does not execute the PPA within the stipulated time period, then
the Bank Guarantee submitted towards EMD shall be forfeited by MSEDCL and
the selected Project(s) shall stand cancelled.
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day per MW (excluding 18% GST. If applicable). This extension will not have any
impact on the Scheduled Commissioning Date (SCOD). However such amount of
penalty paid so shall be returned to the Solar Power Generator without any interest
within a period of 30 days of achievement of successful commissioning provided
such commissioning is within the Scheduled Commissioning Date (SCOD).
vi. All expenditure towards execution of Bank Guarantees such as stamp duty etc. shall
be borne by the bidder.
vii. In order to facilitate the Bidders to submit the Bank Guarantee as per the prescribed
format and in line with the requirements, guidelines/instructions for issuance of
Bank Guarantee and checklist at Annexure-B has been attached. Bidders are advised
to take note of the above checklist while submitting the Bank Guarantees.
viii. After the bidding process is over, MSEDCL shall release the Bank Guarantees towards
EMD of the unsuccessful Bidders within 15 days after the completion of e- reverse
auction. The PBG of the solar power generator / bidder shall be returned within 30 days
of successful commissioning of their projects as per Terms of PPA, after taking into
account any liquidated damages due to delays in commissioning as per Clause 3.14 of
RfS and Article 3.3 of PPA.
ix. On receipt and after successful verification of the total Performance Bank Guarantee
in the acceptable form and signing of PPA, the BG submitted towards EMD shall be
returned by MSEDCL to the successful Bidder.
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valid for a period of 25 years from the Scheduled Commercial Operation Date in case
of proposed/new solar power projects or for a period of 25 years from the date of
execution of PPA for existing solar power projects based on the terms, conditions and
provisions of the RfS, irrespective of dates of early part commissioning or early full
commissioning.
2. Before signing of PPA between MSEDCL and the selected Bidders, MSEDCL will
verify the documents furnished by the Bidders at the time of submission of response
to RfS including the shareholding of the Project Company along with a copy of
complete documentary evidence supported with the original documents. Bidders will
also be required to furnish the documentary evidence for meeting the RfS Qualification
Requirements.
3. The successful bidders shall be free to operate their projects after expiry of the 25
years from the SCOD of the project, if other conditions like land lease etc., permits.
However, any extension of the PPA period beyond 25 years from the Scheduled
Commercial Operation Date in case of proposed/new solar power projects or for a
period of 25 years from the date of execution of PPA for existing solar power projects
shall be through mutual agreements between the successful bidder and MSEDCL.
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3.12.2 Shortfall in minimum generation:
If for any Contract Year, it is found that the Successful Bidder has not been able to generate
minimum energy corresponding to the value of annual CUF within the permissible lower
limit of CUF declared by the Successful Bidder, on account of reasons solely attributable
to the Successful Bidder, such shortfall in performance shall make the Successful Bidder
liable to pay the compensation @ 25% of the PPA tariff to MSEDCL. This will, however,
be relaxable by MSEDCL to the extent of grid non-availability for evacuation (beyond the
Delivery Point) which is beyond the control of the Successful Bidder. This penalty shall be
applied to the amount of shortfall in generation during the Contract Year.
However, this penalty shall not be applicable in events of Force Majeure identified under
the PPA with MSEDCL, affecting supply of solar power by the Successful Bidder.
3.12.4 Repowering:
The Successful bidder shall be allowed to repower the project from time to time during the
PPA duration. The generator shall not be in default for non-supply of power during this
period of repowering. The bidder shall maintain generation so as to achieve annual CUF
within + 10% and -15% of the declared value till the end of 10 years from COD, subject to
the annual CUF remaining minimum of 17%, and within +10% and ‐20% of the declared
value of the annual CUF thereafter till the end of the PPA duration of 25 years and
MSEDCL will be obliged to buy power only within the Capacity Utilization Factor (CUF)
range laid down in Power Purchase Agreement (PPA) and compensation against change in
law for the repowered capacity shall not be allowed. Any excess generation will be dealt
as specified in clause 3.12.3 of RfS.
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a) Tie-up of Financing Arrangements: internal resources and/or 100% tie up of funds
through a bank / financial institution by way of a legally binding agreement. In case
of legally binding agreement is not available at that time, sanction letter for
commitment of such finances shall also be considered. The bidder shall submit the
undertaking that legally binding agreement shall be submitted within two months from
the date of FC.
If the Project Developer fails to tie-up Financing Arrangement for the projects within 9
(nine) months from the date of execution of the Power Purchase Agreement, for projects
being set up in Solar park, and within 12 (twelve) months from the date of execution of
the Power Purchase Agreement, for projects being set up outside Solar park, as prescribed
above or if the Project Developer fails to report such tie-up then the MSEDCL shall forfeit
the Performance Bank Guarantee (PBG) unless the delay is on account of delay caused
due to a Force Majeure ,an extension for the attainment of the financial closure can
however be considered by MSEDCL, on the sole request of the Solar Power Generator,
on payment of penalty of Rs.10000/- per day per MW (excluding 18% GST, if
applicable). This extension will not have any impact on the Scheduled Commissioning
Date (SCOD).
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18 (eighteen) months from the date of execution of the PPA, for projects being set up
outside Solar park.
3.14.2 The Successful Bidder shall be required to obtain Developer and / or Transfer Permission,
Copy of key plan drawing showing survey number, plot number, point of installation of solar
project with capacity.
3.14.3 Further, evidence of clear possession of Project Site selected by Successful Bidder shall
be submitted 30 (Thirty) days before the Scheduled Commercial Operation Date or
extended SCOD for which the Successful Bidder shall provide documents/ Lease
Agreement to establish possession/ right to use 100% (hundred per cent) of the required
land in the name of the Successful Bidder or its Affiliate. In case the land is in the name
of Affiliate, the land should be transferred in the name of Successful Bidder prior to
Scheduled Commercial Operation Date (SCOD). Wherever leasing of private land is
involved, the lease should allow transfer of land to lenders or MSEDCL, in case of default
of the Successful Bidder. For lease of Government land, if the lease is not available upfront
for the entire term of the PPA, then the Successful Bidder shall be required to give an
undertaking stating that they shall be solely responsible for securing the extension of
required land for the balance period of term of PPA. For lease of private land, the lease
period shall cover the entire term of PPA. Sworn affidavit from the authorized person of
the Successful Bidder listing the details of the land and certifying total land required for
the Project under clear possession of the Successful Bidder shall be submitted by the
Successful Bidder 30 (thirty) days before SCOD. Commissioning of the Project will not
be allowed until the demonstration of land possession by the successful bidder. Such delay
in commissioning, if any, shall lead to liquidated damages as per clause 3.14.7.
3.14.4 Synchronization permission shall be issued by MSLDC and after successful
commissioning of Project , commissioning certificate shall be issued by MSEDCL.
3.14.5 Part Commissioning: Part commissioning of the Project shall be accepted by MSEDCL
subject to the condition that the Minimum Capacity for acceptance of first and subsequent
part(s) commissioning shall be 50 MW, without prejudice to the imposition of penalty, in
terms of the PPA on the part which is not commissioned. However, the SCOD (Scheduled
Commercial Operation Date) will not get altered due to part-commissioning. Irrespective
of dates of part commissioning or full commissioning, the PPA will remain in force for a
period of 25 (twenty-five) years from the SCOD. In case of commissioning of project
delayed beyond SCOD, MSEDCL will purchase the generation for the period from
Scheduled COD to Commercial Operation Date at 75% of PPA tariff.
3.14.6 Early Commissioning: The Successful Bidder shall be permitted for full commissioning
as well as part commissioning of the Project even prior to the SCOD. In case of early full
commissioning, till SCOD, MSEDCL will purchase the generation till SCOD at PPA
tariff. In cases of early part-commissioning, till SCOD, MSEDCL may purchase the
generation till SCOD, at 75% (seventy-five per cent) of the PPA tariff without any
additional Tariff on account of Change in Law till the SCoD.
3.14.7 The Project shall be commissioned by the Scheduled Commercial Operation Date. In case
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of failure to achieve this milestone, MSEDCL shall forfeit the Performance Bank
Guarantee (PBG) in the following manner.
a) Delay upto Six (6) months from SCOD – MSEDCL will forfeit total
Performance Bank Guarantee on per day basis and proportionate to the Capacity
not commissioned.
b) In case the commissioning of the project is delayed beyond Six (6) months
from SCOD :-- The maximum time period allowed for commissioning of the
full Project Capacity with encashment of Performance Bank Guarantee shall
be limited to 21 (Twenty One) months from the date of execution of the PPA, for
projects being set up in Solar park, and within a period of 24 (Twenty Four)
months from the date of execution of the PPA, for projects being set up outside
Solar park.
c) In case, the Commissioning of the Project is delayed beyond this period as
mentioned in Section (b) above,the power producer’s Event of Default as per
clause 10.3 of PPA, shall be considered to have occurred and the contracted
capacity shall stand reduced / amended to the project Capacity Commissioned
upto the maximum time period allowed for commissioning of the full Project
capacity and the PPA for the balance Capacity not commissioned shall be
terminated and shall be reduced from the selected Project Capacity.
ii) The successful bidder, if being a single company, shall ensure that its shareholding in
the SPV/project company executing the PPA shall not fall below 51% (fifty-one per
cent) at any time prior to 1 (one) year from the COD, except with the prior approval
of MSEDCL. However, in case the Project is being set up by a Public Limited
Company, this condition will not be applicable.
iii) In the event the successful bidder is a consortium, then the combined shareholding of
the consortium members in the SPV/project company executing the PPA, shall not
fall below 51% at any time prior to 1 (one) year from the COD, except with the prior
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approval of the MSEDCL.
iv) However, in case the successful bidder shall be itself executing the PPA, then it shall
ensure that its promoters shall not cede control (Control shall mean ownership,
directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such
Company or right to appoint majority Directors) till 1 (one) year from the COD,
except with the prior approval of MSEDCL. In this case it shall also be essential that
the successful bidder shall provide the information about its promoters and their
shareholding to MSEDCL before signing of the PPA with MSEDCL.
v) Any change in the shareholding after the expiry of 1 (one) year from the COD can be
undertaken under intimation to MSEDCL.
vi) In case, the financial eligibility and qualification is attained through financials of
Parent Company, then the shareholding pattern of the Parent Company shall not
change till the achievement of Financial Closure and the shareholding pattern of the
bidding entity shall not change till one year from the date of COD. However, in case
Parent company is a listed company, then shareholding pattern of promoters of Parent
Company shall not be changed.
vii) In the event the Solar Power Generator is in default to the lender(s), lenders shall be
entitled to undertake “Substitution of Promoter” in concurrence with MSEDCL.
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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 6.2.
In the event any Member of the Bidding Consortium (other than Lead Member) is
a foreign entity, it may submit Board Resolutions in place of Power of Attorney for
the purpose of fulfilling the requirements under this Section. 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. Earnest Money Deposit (EMD) in the form as per Format 6.3 A.
4. Performance Guarantee (to be submitted before signing of PPA as specified
in Section 3.9) in the form as per Format 6.3 B.
5. Board Resolutions, as per prescribed formats enclosed as Format 6.4 duly
certified by the Company Secretary or the Director of the relevant Bidder, as
applicable to the Bidder and mentioned hereunder:
a. Board resolution from the Bidding Company or the Lead Member of
the Consortium, as the case may be, in favour of the person signing the
response to RfS and in the event of selection of the Projects, to sign the PPA
with the MSEDCL. Board Resolution from each of the Consortium Members
in favour of the person signing Consortium Agreement
b. 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
c. Board Resolutions from each of the Consortium Members and Lead member
contributing such additional amount over and above the percentage limit
(specified for the Lead Member and other member in the Consortium
Agreement) to the extent becoming necessary towards the total equity share
in the Project Company, obligatory on the part of the Consortium pursuant to
the terms and conditions in the Consortium Agreement.
6. In case of a Consortium, the Consortium Agreement between the Members in the
Consortium as per Format 6.5 along with Board resolution from each Member
of the Consortium for participating in Consortium.
7. Bidder shall ensure that the technology to be adopted shall be commercially
established technology as per Annexure A and is under operation for at least one
year. The cells and modules used in the Project shall be sourced only in accordance
with MNRE’s O.M. dated 10.03.2021 on the subject “Approved Models and
Manufacturers of Solar Photovoltaic Modules (Requirement of Compulsory
Registration) Order, 2019- Implementation-Reg.” and its subsequent amendments
32
and clarifications, and updated anytime between the bid submission deadline upto the
date of commissioning of the Project. However, Bidder shall submit the details of
Modules, atleast 30 days before SCOD. Further, the bidder shall submit Declaration
Format associated with Implementation of ALMM Order as per the Annexure-E
attached to this RfS
8. Tie-up of Financing Arrangements for the projects within 9 (nine) months from
the date of execution of the Power Purchase Agreement, for projects being set up in
Solar park, and within 12 (twelve) months from the date of execution of the Power
Purchase Agreement, for projects being set up outside Solar park.
9. Format 6.6: Format for Disclosure.
10. Attachments:
i) Memorandum of Association, Section of Association needs to be attached
along with the bid. The bidder should also highlight the relevant provision
which highlights the objects relating to generation and sale of Power/ Energy/
Renewable Energy/ Solar Power plant development.
ii) In case, there is no mention of the above provisions in the MoA/ AoA of the
bidding company, the same has to be amended and submitted prior to
signing of PPA, if the bidder is selected as Successful bidder.
iii) Certificate of Incorporation of Bidding Company / all member companies
of Bidding Consortium.
iv) A certificate of shareholding of the bidding company, its Parent and
Ultimate Parent (if any), duly certified by a practicing Chartered Accountant/
Company Secretary as on a date within one week prior to the last date of bid
submission.
v) Documents containing information about the Promoters and their
shareholding in the Company (as on a date within one week prior to the last
date of bid submission) to MSEDCL indicating the controlling shareholding
at the stage of submission of response to RfS to MSEDCL as per Section
3.16. MSEDCL reserves the right to seek additional information relating to
shareholding in promoter companies, their parents/ ultimate parents and other
group companies to satisfy themselves that RfS conditions have been
complied with and the bidder will ensure submission of the same within the
required time lines.
vi) Certified copies of annual audited accounts for the last financial year shall be
required to be submitted; OR in case the Bidder is a newly formed company,
supported by documentary evidence of its recent formation at RoC, then the
certificate issued by a Chartered Accountant with certified copy of Balance
sheet, Profit & Loss account, Schedules and cash flow statement as on latest
available date supported with bank statement (if available) shall be required
to be submitted. In case Final Audited Annual Accounts for the last financial
33
year are not available, then MSEDCL shall accept the Provisional Accounts
which are duly certified by a practicing Chartered Accountant of India.
Provided that an undertaking is submitted by the bidder confirming that Final
Audited Annual Accounts for the last financial year are not available as on
date of bid submission. Foreign Bidders shall be required to submit their
audited annual accounts of previous two years as per relevant laws / acts of
their country of origin and the same shall be duly certified by a practicing
Chartered Accountant of India.
vii) Certificate from Chartered Accountants, certifying the Networth of the bidder
per MW of quoted capacity as per Section 2 of the Companies Act 2013 as
on date of financial year ending i.e. 31.03.2021 or 31.12.2021 as the case may
be, or in case the Bidder is a newly formed company, supported by
documentary evidence of its recent formation at ROC or in case the networth
of the Bidder is not meeting the criteria as per Clause 3.6 (i), then the
certificate issued by a Chartered Accountant computing net worth based on
certified copy of Balance Sheet, Profit & Loss account, Schedules and cash
flow statement as on latest available date supported with bank statement shall
be required to be submitted.
viii) In case a bidder submits the Net-worth credentials of its Parent / Affiliate, an
undertaking from such Parent / Affiliate shall be submitted, stating that in
case the bidder(s) fails to contribute required equity funding and performance
bank guarantee, the same shall be done by such Parent / Affiliate in line with
Clause 3.6(ii) of the RFS.
ix) Activity wise Tentative schedule for meeting timelines/milestones as per RfS
at the time of bid submission such as Grid Connectivity, Material
Procurement, tentative date/month of procurement of Solar Modules/Panels,
Country of Import, if not domestically procured - Solar Modules/Panels, Start
and Completion of construction activities etc. However, if any revision in
given schedule, Bidder shall submit it at the time of Financial Closure.
34
reject such response to RfS and/or cancel the Letter of Award, if issued, and the Bank
Guarantee provided up to that stage shall be encashed. Bidder shall be solely
responsible for disqualification based on their declaration in the submission of
response to RfS.
d) If the event specified at point (c) above is discovered after the Effective Date of PPA,
consequences specified in PPA shall apply.
e) Response submitted by the Bidder shall become the property of the MSEDCL
and MSEDCL shall have no obligation to return the same to the Bidder. However, the
EMDs submitted by unsuccessful Bidders shall be returned as specified in Section 3.9
(ix).
f) All documents of the response to RfS (including RfS, PPA and all other documents
uploaded on htttps://www.bharat-electronictender.com as part of this RfS) submitted
online must be digitally signed by the person authorized by the Board as per Format
6.4.
g) The response to RfS shall be submitted as mentioned in Section 3.21. No change or
supplemental information to a response to RfS will be accepted after the scheduled
date and time of submission of response to RfS. However, MSEDCL reserves the right
to seek additional information from the Bidders, if found necessary, during the course
of evaluation of the response to RfS.
h) All the information should be submitted in English language only. In case of
foreign bidders having documents in other than English language, then the documents
shall be translated in English language by certified translator and submitted.
i) Bidders shall mention the name of the contact person and complete address of
the Bidder in the covering letter.
j) Response to RfS that are incomplete, which do not substantially meet the
requirements prescribed in this RfS, will be liable for rejection by MSEDCL.
k) Response to RfS not submitted in the specified formats will be liable for rejection
by MSEDCL.
l) Bidders delaying in submission of additional information or clarifications sought will
be liable for rejection.
m) Non submission and/or submission of incomplete data/ information required under
the provisions of RfS shall not be construed as waiver on the part of MSEDCL of the
obligation of the Bidder to furnish the said data/information unless the waiver is in
writing.
n) Only MERC and/ or Bombay High Court shall have exclusive jurisdiction in all
matters pertaining to this RfS.
o) The bidders are advised to take cognizance of the O.M. dated 09.03.2021 issued by
MNRE, on the subject of “Imposition of Basic Customs Duty (BCD) on Solar Cells
& Modules/Panels”, while preparation of their response to this RfS. The above O.M.
35
and its associated orders issued by the Ministry of Finance will be applicable on this
tender and imposition of taxes/duties as laid out in the above OM, will not be
considered under “Change in Law” under the PPA.
(b) Pass-Phrase Envelope-1: Containing Pass Phrase for Technical Bid duly
stamped and signed by the authorized signatory in sealed envelope.
(c) Pass-Phrase Envelope-2: Containing Pass Phrase for Financial Bid duly
stamped and signed by the authorized.
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Bid Submitted to Chief Engineer (Renewable Energy)
Maharashtra State Electricity
Distribution Co. Ltd. Office of the Chief
Engineer (Renewable Energy)
“Prakashgad”, 5th Floor, Station
Road, Bandra (E), Mumbai -400
051. Tel.: 26474211
Important Note:
a) The Bidders shall not deviate from the naming and the numbering formats
mentioned above, in any manner.
b) Wherever mentioned, the Bidder must clearly indicate the Category under which
38
the respective Project is being proposed. In case of any discrepancy, the Bid will be
liable for rejection.
c) In each of the Envelopes, all the documents enclosed shall be indexed and flagged
appropriately, with the index list indicating the name of the document against each flag.
d) All the Envelopes shall be properly sealed with the signature of the Authorized
Signatory running across the sealing of the envelopes.
39
reminders to them for timely compliance of milestones and/or submission of compliance
documents.
Any checklist shared with the Bidders / Successful Bidders by MSEDCL for compliance
of milestones shall be for the purpose of facilitation only. Any additional documents
required as per the conditions of RfS and PPA must be timely submitted by the Bidders /
Successful Bidders.
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SECTION 4: BID EVALUATION
AND SELECTION OF PROJECTS
41
B. Second Envelope (Financial Bid) Evaluation (Step-2):
In this step evaluations shall be done based on the “Tariff” quoted by the bidders in the
Electronic Form of Financial Bid.
i. The bidders including its Parent, Affiliate or Ultimate Parent or any
Group Company will have to submit bid (single application) quoting a tariff
per kWh for the project. Tariff can be quoted up to two places of decimal only.
If it is quoted with more than two digits after decimal, it shall be ignored after
first two decimal places. (For e.g. if the quoted tariff is ₹3.337, then it shall be
considered as ₹3.33).
ii. In this step, evaluation will be carried out based on tariff quoted by the Bidders.
iii. On completion of Techno-commercial bid evaluation, if it is found that the total
aggregate capacity of the Solar Power Projects short-listed is lower than or
equal to 500 MW, then further process shall be as follows:
Assuming-
ST=Capacity of the total number of techno-commercially qualified bidders
SE=Eligible Capacity for Award
SE=Eligible Capacity for award In Case ST≤ 500 MW, SE=0.8xST
Total eligible bidders for e-Reverse Auction in case (0.8 x ST) ≤ 500 MW – All
techno-commercially qualified bidders whose financial bids are in accordance with
the provisions of the RfS, will be shortlisted for e-RA.
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B2 INR 3.00 (TARIFF IN INR/ KWH) L4
B3 INR 3.30 (TARIFF IN INR/ KWH) L5
B7 INR 3.50 (TARIFF IN INR/ KWH) L6
4.3.2 Shortlisted bidders for Reverse Auction will be able to login into htttps://www.bharat-
electronictender.com of reverse auction 15 minutes before the start time of reverse
auction.
a) During the 15 minutes prior to start of reverse auction process, the respective
tariff along with the total project capacity of the bidder shall be displayed on
its window.
b) The minimum decrement value for tariff shall be ₹ 0.01 per kWh. The
bidder can mention its revised tariff which has to be at least 01 (one) paisa
less than its current tariff.
c) Bidders can only quote any value lower than their previous quoted tariff taking
into consideration of the minimum decrement value mentioned in
the previous section. However, at any stage, increase in tariff will not be
permissible. Bidders can improve their ranking by quoting the tariff lower
than their last quoted tariff.
d) During Reverse Auction, the bidder shall not have the option of changing the
total project capacity while quoting the tariff.
e) In the bidder’s bidding window, the following information can be viewed by the
bidder:
i. Its tariff as their initial start price and there after last quoted tariff along
with project capacity for which the bidder is qualified;
f) The initial auction period will be of 30 minutes with a provision of auto
extension by Eight minutes from the scheduled/extended closing time if any
43
fresh bid is received in last eight (8) minutes of auction period or extended
auction period. If no valid bid is received during last Eight minutes of auction
period or extended auction period, then the reverse auction process will get
closed.
4.4 Selection of Successful Bidders:
4.4.1 The bidders shall be selected in the ascending order with lowest quoted tariff
(being L1) till the capacity is exhausted.
4.4.2 The lowest quoting bidder will be allotted its qualified project capacity and then,
next higher bidder will be allotted its qualified project capacity and so on, till the total
capacity (i.e. 500 MW) is exhausted.
4.4.3 In case of the last selected bidder, if the balance project capacity is less than the total
project capacity mentioned by the bidder, then the balance capacity shall be awarded
to the bidder till the total capacity (i.e. 500 MW) is exhausted. However, if the
allocated capacity is less than the 50% of the offered capacity by the bidder then right
to refusal shall be lie with the bidder. In case the last selected bidder opts for right of
refusal as stated above, the bidder shall intimate MSEDCL about its refusal within
two working days after e- Reverse Auction event in writing. This balance capacity
will be offered to next eligible bidders at MSEDCL’s discretion.
4.4.4 In case of tie, among two or more bidders (i.e. their last quoted tariff being the
same) they will be considered in the chronological order of their last bid with
preference to that bidder who has quoted his last bid earlier than others.
4.4.5 In the above case (as mentioned in previous Section), if the time of quote also become
exactly same among the bidders at a tie, then the ranking among these bidders shall
be done as follow:
Step – 1: Lowest rank will be given to the bidder who has quoted the lowest in
Financial Bid (Electronic Form) and so on. If there is also a tie
among any of these bidders, then the following step (Step 2) will be
followed.
Step – 2: Ranking will be done based on draw of lots.
4.4.6 At the end of selection process, a letter of Award (LOA) will be issued to all the
successful bidders. In case Consortium being selected as successful bidder, the
LOA shall be issued to the Lead Member of the Consortium.
In all cases, MSEDCL’s decision regarding selection of bidder through Reverse Auction or
other- wise based on tariff or annulment of tender process shall be final and binding on all
participating bidders.
Also, MSEDCL shall reserve the right to short close the capacity lower than 500 MW at its
discretion if prices are abruptly high. Additionally, the discretion to allot or not to allot the
additional upto 500 MW capacity under Green Shoe option shall be vested solely with
MSEDCL.
44
SECTION 5: OTHER PROVISIONS
45
Section 5: Other Provisions
The Bidder shall ensure to operate and maintain the Facility in accordance with the relevant
technical standards in terms of the Electricity Act 2003 and Rules, Regulations, Orders and
Policy decisions there under.
The Bidder shall ensure that the Facility at all times (Applicable for Intra-State Projects
only):
a. Have SCADA installation/ any other continuous communication facility for
transferring the data of Solar Energy generated from the Facility’s switchyard to
the State Grid’s Sub-Station;
b. Have installed Special Energy Meter (SEM) with telecommunication facility
with Availability Based Tariff (ABT) and Automated Meter Reading (AMR)
feature as per relevant CEA specifications / regulations as may be applicable.
c. Moreover, it shall be mandatory to provide real time visibility of electricity
generation to MSLDC at Airoli, Navi Mumbai, Maharashtra through RTU-DC,
V-SAT.
46
SECTION 6: FORMATS FOR BID
SUBMISSION
47
Section 6: Formats for Bid Submission
The following formats are required to be submitted as part of the RfS. These formats are
designed to demonstrate the Bidder’s compliance with the Qualification Requirements set forth
in Sections 3.5, 3.16, 3.18 of Section 3 and other submission requirements specified in the RfS.
The Bidder may use additional sheets to submit the information for their detailed response.
48
FORMAT-6.1
Covering Letter
(The covering letter should be on the Letter Head of the Bidding Company/ Lead Member of
the Bidding Consortium)
49
Solar Power Project(s):-
50
We hereby unconditionally and irrevocably agree and accept that the decision made by
MSEDCL in respect of any matter regarding or arising out of the RfS shall be binding on
us. We hereby expressly waive and withdraw any deviations and all claims in respect of
this process.
7. 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 response to RfS, execute the PPA in
the event of our selection as Successful Bidder.
8. In case of our selection as the Successful bidder and the project being executed by a
Special Purpose Vehicle (SPV) incorporated by us which shall be our 100% subsidiary,
we shall infuse necessary equity to the requirements of RfS. Further we will submit a
Board Resolution prior to signing of PPA with MSEDCL, committing total equity infusion
in the SPV as per the provisions of RfS.
9. We hereby undertake that in the event of our project is selected, we shall be solely
responsible for getting the connectivity within 9 (nine) months from the date of execution
of the Power Purchase Agreement, for projects being set up in Solar park, and within 12
(twelve) months from the date of execution of the Power Purchase Agreement, for projects
being set up outside Solar park. In the event of delay in commissioning, the provisions of
Section 3.14 of the RfS/ relevant Sections of PPA shall be applied on such projects.
Further, the project shall not be considered as commissioned unless the connectivity with
STU /DISCOM grid is established, SNA/MEDA registration and SLDC/DISCOM issues
certificate of commissioning. We are submitting our response to the RfS with formats duly
signed as desired by you in the RfS online for your consideration.
10. It is confirmed that our response to the RfS is consistent with all the requirements of
submission as stated in the RfS, including all clarifications and amendments and
subsequent communications from MSEDCL.
11. The information submitted in our response to the RfS is correct to the best of our
knowledge and understanding. We would be solely responsible for any errors or
omissions in our response to the RfS.
12. We confirm that all the terms and conditions of our Bid are valid up to (Insert date in
dd/mm/yyyy) for acceptance (i.e. a period of one hundred eighty (180) days from the last
date of submission of response to RfS with Earnest Money Deposit (EMD) claim period
of 07 months as per clause 3.9 of the RfS or as may be extended by MSEDCL).
13. Contact Person:
51
Address : ……………………………………
Phone Nos. : ……………………………………
Mobile Nos. : ……………………………………
Fax Nos. : ……………………………………
E-mail address:……………………………………
14. 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 Power Producer’s event of default under PPA and
consequent provisions of PPA shall apply.
Yours faithfully,
(Name, Designation and Signature of Person Authorized by the board as per Section 3.18
(5) (a))
52
FORMAT-6.2
(Applicable only in case of Consortiums)
POWER OF ATTORNEY
(To be executed on non-judicial stamp paper of appropriate value as per Stamp Act relevant
to place of execution.)
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.
IN WITNESS WHEREOF M/s …... as the Member of the Consortium have executed these
53
presents on this……….. day of ........under the Common Seal of our company.
For and on behalf of Consortium Member M/s………………………….
--------------------------------
(Signature of person authorized by the board)
(Name, Designation, Place, Date)
Accepted
---------------------------------
(Signature, Name, Designation and Address
of the person authorized by the board of the Lead Member)
Attested
---------------------
(Signature of the executant)
------------------------------
(Signature & stamp of Notary of the place of execution)
Place:---------------- Date:------------------
Note: - Lead Member in the Consortium shall have the controlling shareholding in
the Company as defined in Section 2 of the RfS.
54
FORMAT- 6.3 A
Format for Earnest Money Deposit
55
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
MSEDCL 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
MSEDCL 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
MSEDCL and may be assigned, in whole or in part, (whether absolutely or by way of security)
by MSEDCL to any entity to whom MSEDCL is entitled to assign its rights and obligations
under the PPA.
Notwithstanding anything contained herein:
(i) Our liability under this Bank Guarantee shall not exceed Rs.______ (Rupees___ only)
(iii) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before..
.. .. ... .. ..... .. . (mention period of the guarantee as found under clause (ii) above plus
claim period of at least 6 months)
IN WITNESS WHEREOF THE BANK, through its authorised officer has set its hand and stamp on
this day of ___________ in the city of ______________i.
This Bank Guarantee shall be effective only when the BG message is transmitted by the issuing
Bank through SFMS to Bank of India, Mumbai large corporate branch M.G. Road Fort,
Mumbai - 400001
Signature :
Name:
Designation with Bank Stamp:
Official Address:
Witness 1
Signature :
Name:
Witness 2
Signature:
Name :
56
FORMAT- 6.3 B
Format for Performance Bank Guarantee for Solar Power Project
In consideration of the ----- [Insert name of the Bidder] (hereinafter referred to as selected Solar
Power Developer') submitting the response to RfS inter alia for selection of the Project of the
capacity of ……….. MW, at …………[Insert name of the place] for purchase of power
from____________ MW ____________ (mentioned the Source) Power Projects through competitive
bidding process (followed by reverse e-auction),in response to the RfS No._________ dated…………
issued by Maharashtra State Electricity Distribution Company Limited (hereinafter referred to
as MSEDCL) and MSEDCL considering such response to the RfS of ………[insert the name of
the selected Solar Power Developer] (which expression shall unless repugnant to the context or
meaning thereof include its executers, administrators, successors and assignees) and selecting
the Solar Power Project of the Solar Power Developer and issuing Letter of Intent No. ------- to
(Insert Name of selected Solar Power Developer) as per terms of RfS and the same having been
accepted by the selected bidders resulting in a Power Purchase Agreement (PPA) to be entered
into, for purchase of Power [from selected Solar Power Developer or a Project Company, M/s
-------------.
As per the terms of the RfS, the [insert name & address of bank] hereby agrees
unequivocally, irrevocably and unconditionally to pay to MSEDCL at [Insert Name of the Place
from the address of the MSEDCL] forthwith on demand in writing from MSEDCL or any
Officer authorised by it in this behalf, any amount up to and not exceeding Rupees------ [Total
Value] only, on behalf of M/s [Insert name of the selected Solar Power Developer / Project
Company].
This guarantee shall be valid and binding on this Bank up to and including……….. and
shall not be terminable by notice or any change in the constitution of the Bank or the
term of contract or by any other reasons whatsoever and our liability hereunder shall not be
impaired or discharged by any extension of time or variations or alternations made, given,
or agreed with or without our knowledge or consent, by or between parties to the respective
agreement.
Our liability under this Guarantee is restricted to INR only.
Our Guarantee shall remain in force until…………….. MSEDCL shall be entitled to invoke
this Guarantee till ……….( mention validity period as per clause 3.9 (ii) of the RfS)
The Guarantor Bank hereby agrees and acknowledges that MSEDCL shall have a right
to invoke this BANK GUARANTEE in part or in full, as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition
to the written demand by MSEDCL, made in any format, raised at the above mentioned address
of the Guarantor Bank, in order to make the said payment to MSEDCL.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by -------------[Insert name of the selected Solar
57
Power Developer/Project Company; as applicable] and/or any other person. The Guarantor Bank
shall not require MSEDCL to justify the invocation of this BANK GUARANTEE, nor shall the
Guarantor Bank have any recourse against MSEDCL in respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and
the courts at Maharashtra 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
MSEDCL shall not be obliged before enforcing this BANK GUARANTEE to take any action in
any court or arbitral proceedings against the selected Solar Power Developer / Project Company,
to make any claim against or any demand on the selected Solar Power Developer/Project
Company or to give any notice to the selected Solar Power Developer / Project Company or to
enforce any security held by MSEDCL or to exercise, levy or enforce any distress, diligence or
other process against the selected Solar Power Developer / Project Company .
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to
MSEDCL and may be assigned, in whole or in part, (whether absolutely or by way of
security) by MSEDCL to any entity to whom MSEDCL is entitled to assign its rights and
obligations under the PPA.
Notwithstanding anything contained herein:
(i) Our liability under this Bank Guarantee shall not exceed Rs.______ (Rupees___ only)
(iii) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before..
.. .. ... .. ..... .. . (mention period of the guarantee as found under clause (ii) above plus
claim period of at least 6 months)
IN WITNESS WHEREOF THE BANK, through its authorised officer has set its hand and stamp on
this day of ___________ in the city of ______________i.
This Bank Guarantee shall be effective only when the BG message is transmitted by the issuing Bank
through SFMS to Bank of India, Mumbai large corporate branch M.G. Road Fort, Mumbai -
400001
.
Signature :
Name:
Designation with Bank Stamp:
Official Address:
58
Witness 1
Signature :
Name:
Witness 2
Signature:
Name :.
59
FORMAT-6.4
Format for Board Resolutions
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the
consent of all the Directors present and in compliance of the provisions of the Companies
Act, 1956 or Companies Act 2013, as applicable, passed the following Resolution:
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
response to RfS vide RfS No. _____________________for purchase of power from -----
MW Grid connected solar power projects through competitive bidding process (followed by
reverse e-auction) with additional upto 500 MW under Green Shoe option including signing
and submission of all documents and providing information / response to RfS to
Maharashtra State Electricity Distribution Company Limited(MSEDCL), representing us in
all matters before MSEDCL, and generally dealing with MSEDCL 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
or Companies Act, 2013, as applicable and compliance thereof and as permitted under the
Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to invest total equity in the Project. (To be provided by the Bidding
Company)
[Note: In the event the Bidder is a Bidding Consortium, in place of the above resolution
at Sr. No. 2, the following resolutions are to be provided]
FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 or
Companies Act, 2013, as applicable and compliance thereof and as permitted under the
Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to invest (-----%) equity [Insert the % equity commitment as specified in
Consortium Agreement] in the Project. (To be provided by each Member of the Bidding
Consortium including Lead Member such that total equity is 100%).
61
FORMAT- 6.5
Format for Consortium Agreement
(to be submitted separately for each Project)
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
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), M/s.______________a
Company incorporated under the laws of and having its Registered Office at
___________(hereinafter called the “Member-n”, which expression shall include its
successors, executors and permitted assigns), [The Bidding Consortium should list the details
of all the Consortium Members] for the purpose of submitting response to RfS execution
of Power Purchase Agreement (in case of award), against RfS No. ______________________
issued by MSEDCL a Company incorporated under the Companies Act, 1956 or Companies Act,
2013 as applicable, and having its Registered Office at or constituted
under___________.
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 MSEDCL desires to purchase power from 500 MW Grid connected solar power
projects through competitive bidding process (followed by reverse e-auction) with Green Shoe
option of additional upto 500 MW WHEREAS, MSEDCL had invited response to RfS vide
its Request for Selection (RfS) dated MSEDCL/RE/2023/500 MW Solar/Ph-X/T-19 Dated
14.02.2023.
WHEREAS the RfS stipulates that in case response to RfS is being submitted by a Bidding
Consortium, the Members of the Consortium will have to submit a legally enforceable
Consortium Agreement in a format specified by MSEDCL wherein the Consortium Members
have to commit equity investment of a specific percentage for the Project.
In consideration of the above premises and agreements all the Members in this Bidding
Consortium do hereby mutually agree as follows:
1) We, the Members of the Consortium and Members to the Agreement do hereby
unequivocally agree that Member-1 (M/s._____________), shall act as the Lead
Member as defined in the RfS for self and agent for and on behalf of Member-2, -----,
62
Member- n and to submit the response to the RfS.
2) The Lead Member is hereby authorized by the Members of the Consortium and
Members to the Agreement to bind the Consortium and receive instructions for and on
their behalf.
3) Notwithstanding anything contrary contained in this Agreement, the Lead Member shall
always be liable for the equity investment obligations of all the Consortium Members i.e.
for both its own liability as well as the liability of other Members.
4) The Lead Member shall be liable and responsible for ensuring the individual
and collective commitment of each of the Members of the Consortium in discharging
all of their respective equity obligations. Each Member further undertakes to be
individually liable for the performance of its part of the obligations without in any way
limiting the scope of collective liability envisaged in this Agreement.
5) Subject to the terms of this Agreement, the share of each Member of the Consortium
in the issued equity share capital of the Project Company is/shall be in the
following proportion:
Name Percentage
Member 1 ---
Member 2 ---
Member n ---
Total 100%
We acknowledge that after the execution of PPA, the controlling shareholding (having
not less than 51% of the voting rights and paid up share capital) in the Project
Company developing the Project shall be maintained for a period of (1) one
year after commencement of supply of power.
6) The Lead Member, on behalf of the Consortium, shall inter alia undertake full
responsibility for liaising with Lenders or through internal accruals and mobilizing debt
resources for the Project, and ensuring that the Power Producer 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 [ ----- ] alone shall have the exclusive jurisdiction in all matters
63
relating thereto and arising there under.
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 MSEDCL in terms of the RfS.
12) It is further expressly agreed that the Agreement shall be irrevocable and shall form an
integral part of the Power Purchase Agreement (PPA) and shall remain valid until the
expiration or early termination of the PPA in terms thereof, unless expressly agreed to
the contrary by MSEDCL.
13) The Lead Member is authorized and shall be fully responsible for the accuracy and
veracity of the representations and information submitted by the Members respectively
from time to time in the response to RfS.
14) It is hereby expressly understood between the Members that no Member at any given
point of time, may assign or delegate its rights, duties or obligations under the PPA
except with prior written consent of MSEDCL.
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;
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 MSEDCL
16) All the terms used in capitals in this Agreement but not defined herein shall have the
meaning as per the RfS and PPA.
-----------------------------------------
(Signature, Name & Designation of the person authorized vide Board Resolution
Dated) Witnesses:
1) Signature-----------------------
Name:
Address:
64
2) Signature ---------------------
Name:
Address:
For M/s-----------------------------[Member 2]
-----------------------------------------
(Signature, Name & Designation of the person authorized vide Board Resolution Dated)
Witnesses:
3) Signature -----------------------
Name:
Address:
4 ) Signature ----------------------
Name:
Address:
For M/s-----------------------------[Member n]
-----------------------------------------
(Signature, Name & Designation of the person authorized vide Board Resolution Dated [●])
Witnesses:
5) Signature -----------------------
Name:
Address:
6) Signature ----------------------
Name:
Address:
65
FORMAT- 6.6
Format for Disclosure
[On the letter head of Bidding Company/ Each Member in a Bidding Consortium]
Disclosure
We hereby declare and confirm that only we are participating in the RfS Selection process
for the RfS No……………………. and that our Parent, Affiliate or Ultimate Parent or any
Group Company with which we have direct or indirect relationship are not separately
participating in this selection process.
We further declare that the above statement is true & correct. We are aware that if at any
stage it is found to be incorrect, our response to RfS will be rejected and if LOA has
been issued or PPA has been signed, the same will be cancelled and the bank
guarantees will be forfeited and recoveries will be effected for the payments done.
66
FORMAT- 6.7
FINANCIAL PROPOSAL Covering Letter
(On Bidder’s letter head)
To,
Chief Engineer (RE)
Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL),
Renewable Energy Section, 5th Floor, ‘Prakashgad’,
Bandra (East), Mumbai - 400 051
(Applicant’s name) enclose herewith the Financial Proposal for Selection of my / our firm
for a cumulative capacity of _____ MW as Bidder for above.
I/ We agree that this offer shall remain valid for a period of 180 (One Hundred and Eighty)
days from the due date of submission of the response to RfS with Earnest Money Deposit
(EMD) claim period of 07 months as per clause 3.9 of the RfS or as may be extended by
MSEDCL such further period as may be mutually agreed upon .
1) There can be only one tariff. If the bidder quotes two tariffs, then the bid shall be
considered as non-responsive.
2) If the bidder submits the financial bid in the Electronic Form at htttps://www.bharat-
electronictender.com not in line with the instructions mentioned therein, then the bid
shall be considered as non-responsive.
3) Tariff requirement shall be quoted as a fixed amount in Indian Rupees only.
4) Conditional proposal shall be considered as non-responsive and summarily rejected.
5) In the event of any discrepancy between the values entered in figures and in words,
the values entered in words shall be considered.
6) The tariff should be mentioned up to two places of decimal only.
7) The Financial bid is not to be mentioned anywhere other than the Electronic Form
and only the financial bid mentioned in the Electronic form will be considered for
further evaluation.
Authorized Signatory
Name: Designation
Name of the Firm/Consortium Address
67
Format 6.8 Regarding Timelines of the Milestones
68
Annexure – A: Technical Parameter of PV Module and various other
components for use in Grid Connected Solar Power Plants
All components of the PV plant shall be in accordance with technical specifications given in
relevant IS/IEC Standards. The design and commissioning also shall be as per latest IEC/IS
standards. The following are some of the technical measures required to ensure quality of
the major components used in grid connected solar power Projects.
1) PV Module Qualification:
The PV modules used in the grid connected solar power Projects must qualify to the
latest edition of any of the following IEC PV module qualification test or equivalent
BIS standards.
Crystalline Silicon Solar Cell Modules IEC 61215
Thin Film Modules IEC 61646
Concentrator PV modules IEC 62108
In addition, PV modules must qualify to IEC 61730 for safety qualification testing
@1000 V DC or higher. For the PV modules to be used in a highly corrosive atmosphere
throughout their lifetime, they must qualify to IEC 61701.
69
3) Cables and connectors:
All cables and connectors for used for installation of solar field must be of solar
grade which can withstand harsh environment conditions for 25 years from the COD of
the project i.e. the date on which full commissioning of the project capacity is achieved
and voltages as per latest IEC standards. (Note: IEC Standard for DC cables for PV
systems is under development. It is recommended that in the interim, the Cables of
600 - 1800 Volts DC for outdoor installations should comply with the BS
EN50618:2014/2pfg 1169/08.2007 or equivalent IS for service life expectancy of 25
years).
4) Other Sub-systems/Components:
Other subsystems/components used in the SPV power plants (Cables, Connectors,
Junction Boxes, Surge Protection Devices, etc.) must also conform to the relevant
international/national Standards for Electrical Safety besides that for Quality required
for ensuring Expected Service Life and Weather Resistance
6) Warranty:
a. PV modules used in grid connected solar power plants must be warranted for
peak output wattage, which should not be less than 90% at the end of 10 years and
80% at the end of 25 years from the COD of the project i.e. the date on which full
commissioning of the project capacity is achieved.
b. The modules shall be warranted for at least 10 years for failures due to material defects
and workmanship.
c. The mechanical structures, electrical works and overall workmanship of the grid solar
power plants must be warranted for a minimum of 5 years.
d. The Inverters/PCUs installed in the solar power plant must have a warranty for 5
years.
70
i) Name of the manufacturer of PV Module
ii) Name of the Manufacturer of Solar cells
iii) Month and year of the manufacture (separately for solar cells and module)
iv) Country of origin (separately for solar cells and module)
v) I-V curve for the module at Standard Test Condition (1000 W/m2, AM 1.5, 250C)
vi) Wattage, Im, Vm and FF for the module
vii) Unique Serial No. and Model No. of the module
viii) Date and year of obtaining IEC PV module qualification certificate
ix) Name of the test lab issuing IEC certificate
x) Other relevant information on traceability of solar cells and module as per ISO
9000.
xi) Site owners would be required to maintain accessibility to the list of Module
IDs along with the above parametric data for each module.
71
Appendix-A-2
Installation Report
72
Appendix-A-3
This is in compliance to the office order of the -----,------ Discom, <Place> issued vide office
order <No.><dated>, the committee constituted vide said order has completed the work for
commissioning of <kV> Bay & Metering Equipment to interconnect the <MW> Solar Power
Generation Plant (having <technology>) with Grid installed at <Village>, <Tehsil>, <District> in the
<State> on <date>. The details of Solar Power Plant are as under:-
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The Commissioning date of various equipment is as under:
<kV> line from --- to -----, completed on date -----.
Line Bay at < kV > GSS, ------ charged for ---- on -----.
<kV> line charged from ------to-------- on date------.
Main & check metering commissioned on ……… (initial record of main/Check meters at
the time of Commissioning is to be taken and enclosed) Complete system commissioned on
date--------
The Joint Inspection Report of metering arrangement & copy of permission of Electrical
Inspector is enclosed herewith.
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Appendix-A-4
It is certified that ----- MW (Capacity) Solar Photovoltaic Power Project of M/s. -----,Village
------- Tehsil/Taluka --------, District ---------- was Grid connected on ………. (Date) at-------
---- Hrs.
It is further certified that the Project was synchronized and supply of power into the grid
from the Project connected on ………… (Date) at -------- Hrs.
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Appendix-A-5
This is to certify that <M/s> having its registered office at --------- has successfully
commissioned Capacity < MW > out of total <MW> installed Capacity on (Date) of their
Solar PV Power Generation Project at Village ------, Tehsil/Taluka ------- & Dist. ------
The Commissioning Certificate has been issued on the basis of the following documents
enclosed:
(i) Installation Report including Snap shots of the Project from various angles
(ii) Electrical Inspector Report
(iii) Connectivity Report
(iv) Synchronization Certificate including MRI record
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Annexure – B:
Instructions/guidelines for Issuance Bank Guarantee
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Check list for Bank Guarantees
3. In case of BGs from Banks abroad, has the BG been executed on Letter
Head of the Bank endorsed by the Indian branch of the same bank or SBI,
India?
10. In case BG has been issued by a Bank other than those specified in
Bidding Document, is the BG confirmed by a Bank in India acceptable as
per Bidding documents?
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Annexure – C: List of Banks
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FOREIGN BANKS
1 The Royal Bank of Scotland N.V 23 Mizuho Corporate Bank Ltd.
2 Abu Dhabi Commercial Bank Ltd. 24 Oman International Bank
3 Antwerp Diamond Bank N.V 25 SocieteGenerale
4 Arab Bangladesh Bank Ltd.(AB Bank) 26 Sonali Bank
5 Bank International Indonesia 27 Standard Chartered Bank
6 Bank of America 28 State Bank of Mauritius
7 Bank of Bahrain & Kuwait B.S.C 29 JSC - VTB Bank
8 Bank of Ceylon 30 UBS AG
9 Bank of Nova Scotia 31 American Express Banking Corporation
10 Bank of Tokyo - Mitsubishi Ltd. 32 First Rand Bank Ltd.
11 Barclays Bank 33 Commonwealth Bank of Australia
12 BNP Paribas 34 United Overseas Bank Ltd.
13 China Trust Bank 35 Credit Suisse A.G
14 Shinhan Bank 36 Sberbank
15 Citibank N.A 37 Australia and New Zealand Banking
Group Ltd.
16 Credit Agricole Corporate and 38 Rabobank International
Investment Bank
17 Deutsche Bank 39 National Australia Bank
18 DBS Bank Ltd. 40 Woori Bank
19 Hongkong and Shanghai Banking 41 Industrial & Commercial Bank of China
Corpn. Ltd.
20 J.P.Morgan Chase Bank N.A 42 Sumitomo Mitsui Banking Corporation
21 Krung Thai Bank 43 Westpac Banking Corporation
22 Mashreqbank 44 Doha Bank
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Annexure – D: Special instructions to Bidders for e-Tendering
General
Instructions
For participating in this tender online, the following instructions are to be read carefully. These
instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.
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Digital Certificates:
For integrity of data and authenticity/ non-repudiation of electronic records, and to be compliant
with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred
to as Digital Signature Certificate (DSC), of Class-III, issued by a Certifying Authority (CA)
licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
Registration
To use the Electronic Tender® portal https://www.bharat-electronictender.com, vendors
need to register on the portal. Registration of each organization is to be done by one of its senior
persons who will be the main person coordinating for the e-tendering activities. In ETS
terminology, this person will be referred to as the Super User (SU) of that organization. For
further details, please visit the website/portal, and click on the ‘Supplier Organization’ link
under ‘Registration’ (on the Home Page), and follow further instructions as given on the site.
Pay Annual Registration Fee as applicable.
After successful submission of Registration details and Annual Registration Fee, please contact
ISN-ETS/ ETS Helpdesk (as given below), to get your registration accepted/activated
Important Note: To minimize teething problems during the use of ETS (including the
Registration process), it is recommended that the user should peruse the instructions given
under ‘ETS User-Guidance Center’ located on ETS Home Page, including instructions for
timely registration on ETS. The instructions relating to ‘Essential Computer Security Settings
for Use of ETS’ and ‘Important Functionality Checks’ should be especially taken into
cognizance.
Please note that even after acceptance of your registration by the Service Provider, to respond
to a tender you will also require time to complete activities related to your organization, such
as creation of users, assigning roles to them, etc.
The entire bid-submission would be online on ETS (unless specified for Offline Submissions).
Broad outline of submissions are as follows:
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➢ Submission of Bid-Parts/ Envelopes
▪ Technical-Part
▪ Financial-Part
➢ Submission of information pertaining Bid Security/ Earnest Money Deposit (EMD)
➢ Submission of digitally signed copy of Tender Documents/ Addendum
➢ Submission of General Terms and Conditions (with/ without deviations)
➢ Submission of Special Terms and Conditions (with/ without deviations)
Offline Submissions:
The bidder is requested to submit the following documents offline to the under mentioned
address before the start of Public Online Tender Opening Event in a Sealed Envelope.
The envelope shall bear (the project name), the tender number and the words ‘DO NOT OPEN
BEFORE’ (due date & time).
1. Original copy of the Bid Security in the form of a Bank Guarantee as per Tender
Documents
2. Original copy of the letter of authorization shall be indicated by written power-of-
attorney if applicable
3. Bid Processing Fee as per the Tender Documents
4. INR 15000/ plus applicable GST towards ‘ETS Bidding Fee’ for use of ETS to be paid
as per the way described on the e-Tendering portal. Note: Failure to pay this amount
will result in rejection of the bid.
Note: The Bidder should also upload the scanned copies of all the above mentioned original
documents as Bid-Annexures during Online Bid-Submission.
As part of the Electronic Encrypter® functionality, the contents of both the ‘Electronic Forms®’
and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself.
Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words
(eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is
mandatory that a separate Pass-Phrase be created for each Bid-Part. This method of bid-
encryption does not have the security and data-integrity related vulnerabilities which are
inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer
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organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be
decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance
between the concerned tender-opening officers of the Buyer organization and the personnel of
e-tendering service provider.
CAUTION: All bidders must fill Electronic Forms® for each bid-part sincerely and carefully,
and avoid any discrepancy between information given in the Electronic Forms® and the
corresponding Main-Bid. For transparency, the information submitted by a bidder in the
Electronic Forms® is made available to other bidders during the Online Public TOE. If it is
found during the Online Public TOE that a bidder has not filled in the complete information in
the Electronic Forms®, the TOE officer may make available for downloading the corresponding
Main-Bid of that bidder at the risk of the bidder. If variation is noted between the information
contained in the Electronic Forms® and the ‘Main-Bid’, the contents of the Electronic Forms®
shall prevail.
Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender
Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded
by the concerned Tender Opening Officer.
Additionally, the bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-Part
is submitted to MSEDCL Name in a sealed envelope before the start date and time of the Tender
Opening Event (TOE).
There is an additional protection with SSL Encryption during transit from the client-end
computer of a Supplier organization to the e-tendering server/ portal.
e-Reverse Auction would be conducted after the opening of the Prequalification/ Financial-
Part.
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cognizance the ‘Starting Price’ or
‘Rank-1’ bid
5 Entity – Start-Price L1 of the respective Item of
Financial-Part/ Specified by Buyer
organization
Other Instructions:
For further instructions, the vendor should visit the home-page of the portal
https://www.bharat-electronictender.com, and go to the User-Guidance Center.
The help information provided through ‘ETS User-Guidance Center’ is available in three
categories –Users intending to Register/First-Time Users, Logged-in users of Buyer
organizations, and Logged-in users of Supplier organizations. Various links (including links
for User Manuals) are provided under each of the three categories.
Important Note: It is strongly recommended that all authorized users of Supplier organizations
should thoroughly peruse the information provided under the relevant links, and take
appropriate action. This will prevent hiccups, and minimize teething problems during the use
of ETS.
Specifically for Supplier organizations, the following 'SEVEN KEY INSTRUCTIONS for
BIDDERS' must be assiduously adhered to:
1. Obtain individual Digital Signing Certificate (DSC or DC) of Class-III, well in advance
of your first tender submission deadline on ETS.
2. Register your organization on ETS well in advance of the important deadlines for your
first tender on ETS viz ‘Date and Time of Closure of Procurement of Tender Documents’
and ‘Last Date and Time of Receipt of Bids’. Please note that even after acceptance of
your registration by the Service Provider, to respond to a tender you will also require time
to complete activities related to your organization, such as creation of -- Marketing
Authority (MA) [ie a department within the Supplier/ Bidder Organization responsible
for responding to tenders], users for one or more such MAs, assigning roles to them, etc.
It is mandatory to create at least one MA. This unique feature of creating an MA enhances
security and accountability within the Supplier/ Bidder Organization.
3. Get your organization's concerned executives trained on ETS well in advance of your
first tender submission deadline on ETS.
4. For responding to any particular tender, the tender (i.e. its Tender Search Code or TSC)
has to be assigned to an MA. Further, an ‘Official Copy of Tender Documents’ should be
procured/ downloaded before the expiry of Date and Time of Closure of Procurement of
Tender Documents.
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Note: Official copy of Tender Documents is distinct from downloading ‘Free Copy of
Tender Documents’. Official copy of Tender Documents is the equivalent of procuring
physical copy of Tender Documents with official receipt in the paper-based manual
tendering system.
5. Submit your bids well in advance of tender submission deadline on ETS (There could be
last minute problems due to internet timeout, breakdown, et al)
6. It is the responsibility of each bidder to remember and securely store the Pass-Phrase for
each Bid-Part submitted by that bidder. In the event of a bidder forgetting the Pass-Phrase
before the expiry of deadline for Bid-Submission, facility is provided to the bidder to
‘Annul Previous Submission’ from the Bid-Submission Overview page and start afresh
with new Pass-Phrase(s)
7. ETS will make your bid available for opening during the Online Public Tender Opening
Event (TOE) ‘ONLY IF’ your ‘Status pertaining Overall Bid-Submission’ is ‘Complete’.
For your record, you can generate and save a copy of ‘Final Submission Receipt’. This
receipt can be generated from 'Bid-Submission Overview Page' only if the ‘Status
pertaining overall Bid-Submission’ is ‘Complete’.
NOTE:
While the first three instructions mentioned above are especially relevant to first-time users
of ETS, the fourth, fifth, sixth and seventh instructions are relevant at all times.
1. Get your organization's concerned executives trained for e-Reverse Auction related
processes on ETS well in advance of the start of e-Reverse Auction.
2. For responding to any particular e-Reverse Auction, the e-Reverse Auction (i.e. its Reverse
Auction Search Code or RASC) has to be assigned to an MA.
3. It is important for each bidder to thoroughly read the ‘rules and related criterion’ for the e-
Reverse Auction as defined by the Buyer organization.
4. If applicable for an e-Reverse Auction (such as in case of a Direct e-Reverse Auction which
is not preceded by a sealed-bid stage), pay the Bid Processing Fee well in advance of the
start of e-Reverse Auction bidding.
5. It is important to digitally-sign your ‘Final bid’ after the end of e-Reverse Auction bidding
event.
Minimum Requirements at Bidder’s End
Computer System having configuration with minimum Windows 7 or above, and Broadband
connectivity
Digital Certificate(s)
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Annexure-E
1. We hereby declare that we are fully aware of the binding provisions of the ALMM order and
the Lists thereunder, while quoting the tariff in the RfS no. [tender number] floated by
MSEDCL.
2. We understand that the List – I (Solar PV Modules) of ALMM Order, Annexure – I of the
OM, issued by MNRE on 10th March 2021 will be updated by MNRE from time to time. We
also understand that the Modules to be procured for this project, shall be from the List – I of
the ALMM order applicable on the date of invoicing of such modules.
3. We further understand and accept that we shall be liable for penal action, including but not
limited to blacklisting and invocation of Performance Bank Guarantee, if we are found not
complying with the provisions of ALMM Order, including those mentioned above.
Name:
Designation:
Organization:
Date:
(Signature and Stamp)
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Annexure-F
Whereas, We confirm that we have identified 100% land for the Project of the capacity
of……….. MW, at …………[Insert name of the place] for purchase of ____MW power as per
Power Purchase Agreement executed on ___________ between
M/s.___________________and Maharashtra State Electricity Distribution Company Limited
(MSEDCL).
Name:
Designation:
Organization:
Date:
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Annexure-G
Main Keywords:
1) Made in India
2) Distributed Cable Drive Actuator
3) Self-Powered Controller and Wind Station.
4) Wireless communication for controller and wind station
5) Uniform Torque Tube section in the row.
A. Documents and Details Required
1. The single-axis tracking tender, bidder confirmation letters and data shall be
provided by the bidders as described below. Studies and reports to be covered in the
confirmation letters from the manufacturer:
Stow Strategy Control System: The bidders are responsible for the definition of a
stow strategy which clearly demonstrates the safe operation of the tracker during
maximum wind speed events as defined in local code or standard for wind loads.
The following points should be included:
2. Wind tunnel tests from a recognized wind expert institute to be shown / submitted
(CPP Wind Engineering, RWDI or an alternative experienced institute subject to
approval by the client). Boundary Layer Wind Tunnel tests should be used to be in
supplement calculations using appropriate models of the structure. Successful
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tracker dynamic analysis and tests based on the actual tracker configuration,
stiffnesses and geometry with investigations of vortex shedding and all possible
aeroelastic instabilities.
3. Independent Engineers Bankability review report from reputable agencies like
Black and Veatch, DNV or alternative experienced agency to be shown / submitted
4. Structure design review document from any IIT civil/structural certifying
department.
Tracker Bushing:
1. It should be type tested for operation cycles which solar plant will go through in its
life of 25 years.
2. Preference will be given to maintenance free and/or lubrication free bushings.
3. Bearing must be resistant to dust, water and any other external elements, test report
to be submitted.
1. The tracker controller must have at least one tilt sensor per tracker table for
measurement of tracker tilt angle.
2. Each logical tracker block should have at least one wind station for measuring and
monitoring the speed of the wind. The wind speed data should be transmitted to the
block wirelessly.
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3. Tracker controller should have the Micro-controllers for controlling all the outputs
of the sensors. Details of Algorithm used to be submitted to client.
4. Battery back up should be provided for controller. Minimum 2 days of backup and
self powered, power consumption less than 0.075% of generated power on per MWp
basis (calculation to be submitted).
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