MW
MW
MW
Competitive Bidding for selection of solar power developer for development of 750MWAC cumulative
capacity grid interactive solar PV power plant to cater the AG feeder load of various substations in
Maharashtra with additional capacity of 250MWAC under Green-shoe option.
The Maharashtra State Power Generation Co. Ltd., Mumbai, India (MAHAGENCO) invites online Bids (T
System i.e. separate bid for technical/commercial and price bid) from eligible bidders for development of
750MWAC cumulative capacity grid interactive solar PV power plant to cater the AG feeder load of
various substations in Maharashtra with additional capacity of 250MWAC under Green-shoe option.
Bid specification shall be available for download on website https://sets.mahagenco.in after acceptance of
vendor registration fee (Rs. 5000/-+ Applicable tax exclusive) and tender fees (Rs. 25000/-+ Applicable tax
exclusive).
1 Start date of acceptance of tender fee by Mahagenco and download 20.06.2018, at 12.00 Hrs. IST
of tender document
2 Second Pre-Bid Meeting 08.08.2018, at 11.00 Hrs. IST
3 Last date of on-line sale of bid document 13.08.2018, at 15.00 Hrs. IST
4 Last date for Submission of Online Bid 14.08.2018, at 12.00 Hrs. IST
5 Last date of submission of physical support documents 14.08.2018, at 15.00 Hrs. IST
MAHAGENCO reserves the right to cancel/withdraw this Invitation for Bids without assigning any
reason for such decision.
CHIEF ENGINEER (SPGD - P)
NOTE:
This is an e-tender. Offers shall be submitted and processed in electronic mode only. Physical copies of
required document will additionally need to be supplied for verification. The instructions to bidder/terms
and conditions appearing in this specification only shall be applicable.
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TENDER DETAILS
Tender Code 71217(Amendment - 4)
Mode Quantity Contract
Is Over All No
Tender Type OPEN
Tender Category Type WORKS
Section SPGD PROJECT
Type Of Bid Two Bid
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Material Description SELECTION OF SOLAR POWER DEVELOPER FOR
DEVELOPMENT OF 750MWAC CUMULATIVE CAPACITY GRID
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INTERACTIVE SOLAR PV POWER PLANT TO CATER THE AG
FEEDER LOAD OF VARIOUS SUBSTATIONS IN MAHARASHTRA
WITH ADDITIONAL CAPACITY OF 250MWAC UNDER GREEN SHOE
OPTION.
Estimated Cost [In Rupees] NA
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Submission Date Tuesday, 14 August, 2018 12:00:00 PM
Tender Validity 180 Days
Delivery Period 395 Days
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TENDER DOCUMENTS
Total Number of documents : 6
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COMPETITIVE BIDDING PROCESS (FOLLOWED BY E-REVERSE AUCTION) FOR SELECTION OF
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SOLAR POWER DEVELOPER FOR DEVELOPMENT OF 750MWAC CUMULATIVE CAPACITY GRID
INTERACTIVE SOLAR PV POWER PLANT TO CATER THE AG FEEDER LOAD OF VARIOUS
SUBTATIONS IN MAHARASHTRA WITH ADDITIONAL CAPACITY OF 250MWAC UNDER GREEN-
SHOE OPTION.
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Competitive Bidding Bid Specification No:
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Document Description Competitive Bidding for selection of solar power developer for
development of 750MWAC cumulative capacity grid interactive
solar PV power plant to cater the AG feeder load of various
substations in Maharashtra with additional capacity of 250MWAC
under Green-shoe option.
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a) Online Submission of a) Date : 20.07.2018, Time: 12:00 Hrs.
Response to RFP and
b) All documents as per
Section 3.21A physically
at MSPGCL office,
Mumbai
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b) Date : 20.07.2018, Time: 15:00 Hrs.
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Technical Bid Opening Date : 20.07.2018, at 16.30 Hrs.
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Address 7th Floor,Maker
Chambers III,nariman
op Point,Mumbai-400021
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Important Note: Prospective Bidders are requested to remain updated for any
notices/amendments/clarifications etc. to the RfP document through the websites
www.mahagenco.in & https://sets.mahagenco.in. No separate notifications will be
issued for such notices/amendments/clarifications etc. in the print media or individually.
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TABLE OF CONTENTS
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1 Invitation to Bid 14
2 Brief description of Bidding Process 15
3 Vendor Registration
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R
REGIST
RATIO
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N 16
6 Preparation of Bid 17
7 Bid Price 19
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8 Bid Security 19
9 Signing of Bids 21
14 Track Record 26
15 Financial Closure 26
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B Technical Specification 36
2 Statutory Responsibility 40
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3 Insolvency and Breach of Contract 40
4
5
6
Time of Completion
Termination for Default
41
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7 Force Majeure 41
10 Safety Measures 42
11 Hazardous Material 42
12 Stoppage of Work 43
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13 Governing Language 43
14 Arbitration 43
17 Construction of Contract 43
18 Notices 43
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I)
8 Annexure- 8 Format of Undertaking 72
9
10
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Annexure-9 Undertaking from the Financially Evaluated Entity and/ or Technically
Evaluated Entity or its Parent Company/ Ultimate Parent Company
Annexure- 10 Format for Board Resolution
75
78
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11 Annexure- 11 Format for Bid Security against Bid 80
12 Annexure- 12 Format for Disclosure 83
13 Annexure- 13 Format for Certification of Relationship 84
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1. DEFINITIONS
In the contract the following expression shall, unless the context otherwise requires, have the meanings
thereby respectively assigned to them.
"Act" or "Electricity Act, 2003" shall mean the Electricity Act, 2003 and include any
modifications, amendments and substitution from time to time;
“Bidder” shall mean Bidding Company or a Limited Liability Partnership (LLP) or a Limited
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Liability Company (LLC) or a Bidding Consortium submitting the Bid. Any reference to the
Bidder includes Bidding Company/ LLP/Bidding Consortium/Consortium Member of a
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Bidding Consortium including its successors, executors and permitted assigns and Lead
Member of the Bidding Consortium jointly and severally, as the context may require.;
“Capacity Utilization Factor (CUF)” shall have the same meaning as provided in MEERC
(Terms & Conditions for tariff determination from renewable energy sources)
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“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
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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.;
commercial operation and such date as specified in a written notice given at least 30 days in
advance by the Successful Bidder to MSEDCL & MSPGCL.”
“Contracted Capacity” shall mean the capacity (in MW AC) contracted with MSPGCL 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 holding not less than 51% of voting rights or of paid up share capital.
“Controlling shareholding” shall mean not less than 51% of the voting rights or paid up share
capital in the Company/Consortium.
“CTU or Central Transmission Utility” s h a l l mean the Central Transmission Utility as
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defined in Sub-Section (10) of section (2) of the EA-2003.
“Day” shall mean calendar day.
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“Delivered Energy" means the kilowatt hours of energy actually fed and measured by the
energy meters at the Delivery Point and as certified by SLDC / MSEDCL.
"Delivery Point”; shall mean the point(s) of connection(s) at which energy is delivered into
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the Grid System i.e. the Interconnection Point.
"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
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(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.
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
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shareholding and the power to direct or cause to be directed the management and policies of a
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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.
“Group Business Entity” shall mean;
a) A Business Entity, which directly or indirectly holds not less than 26% of voting
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securities in the Bidder; or
b) A Business Entity in which the Bidder directly or indirectly holds not less than 26% of
voting securities.
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“Interconnection Point”; shall mean the point(s) of connection(s) at which the project is
connected to the grid i.e. it shall be at 11 / 22 kV/33kV bus bar level of substation of MSEDCL.
“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
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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 Power
Generation Company Ltd. (MSPGCL) to the Selected Bidder for award of contract.
“Limited Liability Partnership” or “LLP” shall mean a Company governed by Limited
Liability Partnership Act 2008 or as amended.
“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”; Metering shall be at 11 / 22 kV level substation of
MSEDCL. “Month” shall mean calendar month.
“Net-Worth” means the Net-Worth as defined in Section 2 of the Companies Act
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2013.
“Paid-up share capital” means the paid-up share capital as defined in Section 2 of
the Companies Act, 2013.
“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;
“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
MSPGCL according to the terms and conditions of the standard PPA enclosed with this
RfP;
“Project” shall mean a Solar Photovoltaic Grid Interactive Power Station 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
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generated by the Project to MSEDCL at the Delivery Point.
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“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 at the generating terminal(s)
and to be contracted with MSPGCL for supply from the Solar Power Project.
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“RfP Document” shall mean the bidding document issued by MSPGCL including
all attachments, clarifications and amendments thereof.
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“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 13 (Thirteen) months from the
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“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.
“Unit” shall mean one set of Solar Photovoltaic Grid Interactive power plant and all
the auxiliary equipment and facilities, required to constitute a solar Project.
“Week” shall mean calendar week.
“Voltage of Delivery” means the voltage at which the Electricity generated by the Project
is required to be delivered at 11 / 22 kV/33kV level substation of MSEDCL.
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SECTION - I:
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INSTRUCTIONS TO BIDDERS
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Bids are invited by Maharashtra State Power Generation Co. Ltd., 'Prakashgad' 3 floor, Bandra (East),
Mumbai 400051 through this Request for Proposal ("RFP" or "Bid proposal") Number CE/SPGD-P/
PH-IV/ 750MW /Green-shoe / AG/ PV- 47 Competitive Bidding for selection of solar power developer
for development of 750MWAC cumulative capacity grid interactive solar PV power plant to cater the AG
feeder load of various substations in Maharashtra with additional capacity of 250MWAC under Green-
shoe option.
1.1 BACKGROUND
Govt. of Maharashtra has announced "Renewable Energy Policy -2015". Under this policy
7500 MW capacity Solar Power Projects will be developed in Maharashtra, out of which
2500 MW capacity solar power projects will be developed by Mahagenco in next five years.
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including 25 years operation and maintenance of the same on PPP basis.
a. Land
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The bidder shall identify 100% land required for the project within the periphery of 3
KM from the substation where the power will be evacuated at the time of submission of
bid in Format 6.1. Howevere the bidder shall be allowed to change the location of the
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project within the same Taluka only once till the time of achievement of Financial
Closure i.e. Withine 7 month from the date of signing of PPA .In no circumstances shall
the Tariff offered by the bidders in its financial bid be changed due to change in location.
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SPD will construct requisite infrastructure for transmission of power from each Solar
Project to the nearest substation (within 3 KM) including the ABT meters and required
Transmission Bay at both the ends (power plant switch yard & substation). All approvals
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permits and clearances required for setting up of the project (including connectivity) and
those required from State Government and local bodies shall be in the scope of the bidder
c. Power Off-take
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ii. The bidders willing to execute PPA with MSPGCL at the L1 rate
shall have to give their confirmation within a period of 10 days from
the price bid opening / conclusion of reverse auction.
A Bidder may submit Bids for developing the Project(s) under solar PV technology
(Solar PV ground mount Project) as per the criteria below:
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substation in ANNEXURE-20., However, minimum project capacity
should not be less than 2MW.
1.4
ii.
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There shall not be any maximum limit for cumulative project
c a p a c i t y bidder can quote for entire 750MW.
Project Locations:
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a. The bidder should select the project location in the 3KM periphery from the
substation of enclosed ANNEXURE-20.
b. The Successful bidders shall develop ground mounted solar PV power
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projects.
c. The Successful bidder shall have to ensure the connectivity permission from the
MSEDCL.
Bidder shall bear all costs for preparation and submission of his tender. Employer will not be
responsible for or pay for any expenses or losses, which might be incurred or suffered by any Bidder
in connection with submission of tender. A prospective Bidder requiring any clarifications on the
Tender documents may request online to Chief Engineer (SPGD-P), Email id:
[email protected]
On the date and time specified in the tender notice, following procedure will be adopted for opening
of the Tender. Bidder is also requested to follow the online E-tendering procedure and contact details
for the vendors MAHAGENCO.
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3. VENDOR REGISTRATION
3.1 Each bidder shall register itself at the website address https://sets.mahagenco.in on online
payment of the vendor registration fees Rs. 5000/- + Service tax as applicable before the last
date for registration mentioned in the notification of invitation of bids ("NIT"). Vendor
registration fee is non-refundable.
The Bidder should note that they should obtain the valid digital signature in the company
name as per the requirement mentioned on https://sets.mahagenco.in in the FAQ section.
3.2 Bidder is required to pay online non-refundable Tender fee of Rs. 1000/- + GST as applicable
on or before the last date of payment of tender fees. Overseas bidders shall submit vendor
registration fee and tender fee through international debit/credit card.
3.3 The services required, bidding procedures and contract terms are prescribed in the Bid
Specification. The bid specification includes the following sections and Annexure which
shall collectively with the invitation for bids, and any amendments and modifications to the
bid specifications notified by the Mahagenco be referred to as the "Bid Specification"
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CE/SPGD-P/ PH-IV/ 750MW /Green-shoe / AG/ PV-47
Instructions to bidder
Technical specification
General Terms & Conditions
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Section - I
Section - II
Section - III
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Special Terms & Conditions Section - IV
Annexure Annexure 1 to 20
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3.4 The bidder shall carefully examine the Bid Specification and fully inform and satisfy itself
as to all the conditions and matters which may in any way affect to work or cost thereof.
Failure to furnish all information required by the Bid Specification or to submit a bid not
substantially responsive to the Bid Specification in every respect will be at bidder's risk and
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may result in the rejection of the bid. A bidder if, find any discrepancies or omissions in
the Bid Specifications or have any queries with respect to any provision of the Bid
Specifications, he shall at once notify to the Mahagenco at below mentioned address:
Chief Engineer (Solar Projects) Maharashtra State Power
Generation Co. Ltd., Prakashgad, 3rd floor, Plot No. G-
9,Bandra (East), Mumbai - 400051
Phone: : 022-26474211/2131 Extn. 2315/2448/3534
Fax: 022- 26476518, Mobile No. 08879770699, 8408889754
email: [email protected]
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Any prospective bidder (subject to having paid the vendor registration and tender fees) who requires
any clarification in respect of the Bid Specification may notify the Mahagenco in writing or by fax
enclosing therewith copy of successful online payment transaction against tender fee at the
Mahagenco's contact details given above 1 (one) day prior to the dead line for the pre-bid meeting.
The clarifications received after pre-bid meeting shall not be entertained. The Mahagenco's response
(including an explanation of the query but without identifying the source of enquiry) shall be
published by way of revision of the Bid Specification on website https://sets.mahagenco.in. The
bidders in their own interest may inform the Mahagenco in written about the payment of tender fee by
them and their detailed correspondence address with name of contact person, telephone/ fax nos., e-
mail address etc. so that such clarifications can be sent to them by fax/e-mail as may be possible.
However, Mahagenco's responsibility is restricted to only publishing such clarifications on above
mentioned website.
At any time prior to the deadline for submission of bids, the Mahagenco may, for any reason, whether
at its own initiative revise the Bid Specification. Every time the Bid Specification is revised, the
revisions/amendments/revised Bid Specifications shall be published on website
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https://sets.mahagenco.in (the revision No. of the Bid Specification shall be accordingly enhanced).
Such revisions shall be binding on all the prospective bidders irrespective of whether they have paid
the tender fees prior to the revision or not.
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In order to give prospective bidders reasonable time to take the revisions into account for preparing
their Bids, the Mahagenco may, at its discretion, extend the deadline for the submission of bids. The
Mahagencos decision about the extension of deadline of submission shall be final and binding on the
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bidders and no correspondence shall be entertained in this regard.
6. PREPARATION OF BID:
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provided they are accompanied by the accurate translation in English duly certified by an
official translator engaged by a court in the jurisdiction of the bidder and notarized. For the
purposes of interpretation and evaluation of the bid, the translation in English shall govern
and be binding on the bidder.
b. Bidder shall take into account any corrigendum published on the tender document before
submitting their bids.
c. Please go through the tender advertisement and the tender document carefully to understand
the documents required to be submitted as part of the bid. Please note the number of covers in
which the bid documents have to be submitted, the number of documents - including the
names and content of each of the document that need to be submitted. Any deviations from
these may lead to rejection of the bid.
6.2 Bidder, in advance, shall get ready the bid documents to be submitted as indicated in the tender
document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid
documents may be scanned with 100 dpi with black and white option which helps in reducing size
of the scanned document.
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6.3 To avoid the time and effort required in uploading the same set of standard documents which are
required to be submitted as a part of every bid, a provision of uploading such standard documents
(e.g. PAN card copy, annual Reports, auditor certificates etc.) has been provided to the bidders.
Bidders can use "the Space" or "Other Important Documents'' area available to them to upload such
documents. Each document to be uploaded shall be in 1MB maximum.
a) The Bid, the price Bid and the Physical Support Documents;
b) Latest revision of Bid Specification published by the Purchaser & responses to the
pre-bid queries.
c) Undertakings and Documentary evidence in accordance with Qualifying Requirement
set out in Clause 11 of section-I & the relevant Annexure- establishing that the bidder
is eligible to Bid.
d) Bid security (EMD) furnished in accordance with Clause 8.0 Section –I
e) The documents submitted under the Annexures of RFP.
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6.4 Bid Form and Bid Schedules:
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The bidder shall complete the Bid Form and the appropriate price schedule furnished in the Bid
Specification. Bids shall be fully in accordance with the requirements of this document and the
Technical Specifications attached thereto. Copies of appropriate specimen Annexures/ forms
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furnished with the Bid Specification shall be used for quoting bid prices
6.5 Only a bidder, who has paid the vendor registration and tender fees as stipulated in Clause
3.0 above, will be eligible to participate in the bidding. Bids received from those bidders,
who have not made payment of vendor registration and tender fees, will not be accepted. If the
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bidder is a consortium, the consortium may tender its Bid if the online payment is made against
vendor registration and tender fees by the lead member.
6.6 Multiple Bids by the same person (individually or as a part of a consortium) are not allowed for the
same item. Any person that controls (directly or indirectly) a bidder or a member of the bidding
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consortium, any other persons which are controlled (directly or indirectly) by the aforementioned
person, or any person that is controlled (directly or indirectly) by such bidder or member of
bidding consortium, shall not bid on its own or as a member of a consortium for the same item for
which the bidder or the bidding consortium has submitted a bid.
6.7 For the purposes of this clause the term 'person' means any individual, company, corporation,
partnership (whether limited or unlimited), proprietorship, trust or other body (whether
incorporated or not), Hindu undivided family, union or association and in case of a trust shall
include the trustee or the trustees for the time being. For the purposes of this clause the term
'control' as applied to any person, means the possession, directly or indirectly, of the power to
direct or cause the direction of the management or policies of that person whether through
ownership of voting securities, by contract, or otherwise.
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c) Price Bids with tariff quoted above the Ceiling Tariff shall be disqualified and shall not
be allowed to participate in reverse bidding auction.
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per the Consortium Agreement. The Bid Security shall be valid for a period of 180 days (6 months)
from the date of submission of the Bid (online) in addition to the validity the claim period for Bank
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Guarantee should be six(06) month beyond the validity period. It is to be noted that the Bid
Security to be provided must be issued from the list of Banks on non-judicial stamp paper of worth
Rs. 500/- as per the formatted provided in the Annexure -17 payable at Mumbai only. The Bid
Security must be payable in currency of India.
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8.2 Scanned copy of the Bid security (As annexure 11 shall be uploaded/submitted on-line on the
website http://sets.mahagenco.in.
8.3 No interest will be paid on bid security irrespective of mode of submission.
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8.4 Existing permanent bank guarantee if any submitted by any bidder with the Mahagenco shall not be
considered for exemption from the payment of bid security (EMD) against this bidding or Security -
cum -Performance Guarantee to be provided as per the terms of this RFP.
8.5 Any bid not accompanied by Bid security (EMD) or having submitted shorter amount than specified
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under Clause 8.0 above or the bank guarantee taken from the bank which is not listed in the
Annexure No.18, such bids shall be liable to disqualified.
8.6 The Bid submitted by a bidder shall be treated invalid and the Bid security shall be forfeited:
a) If the bidder withdraws/ modify his bid within the bid validity specified in the Bid
Specification.
OR
b) The successful bidder fails to submit performance guarantee and/ or to execute contract
agreement within the prescribed period in accordance with the instructions to the bidder.
OR
c) If the Bidder does not accept the designed CUF of 19% for evaluation of the bid
OR
d) If the bidder being the successful bidder fails to furnish the acceptance of Letter of Award,
within the specified time limit.
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OR
e) If the bidder gives any wrong / false information /documents in the bid for making the bid
qualified (eligible).
OR
f) If the successful bidder fails to sign the PPA within the period of days from the date of issue
of LoA.
OR
g) In case, MAHAGENCO offers to execute the PPA with the selected bidder and if the
selected bidder does not submit the requisite document.
OR
h) If after date of issue of LOA ,it is found that the documents furnished by the bidder during
RFP are misleading or misrepresented in any way and that relevant facts have been
suppressed.
OR
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i) If the bidder fails to furnish required Performance Bank Guarantee.
b. The submission of bank guarantee towards contract performance security by the bidder and
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on acceptance of the same by the MAHAGENCO.
k) Unsuccessful bidder's EMD will be discharged/returned as promptly as possible.
8.7 In the exceptional circumstances, prior to expiry of the original validity period of the bank
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guarantee furnished as Bid Security, MAHAGENCO may request the Bidders to extend the period
of validity for an additional period. In such case the bidders shall provide the extended bid securities
no later than ten (10) days prior to the expiry of the Bid Security. MAHAGENCO reserves the right
to reject the Bid submitted by any Bidder who fails to extend the validity of the Bid Security in line
with the provisions of this clause.
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8.8 EMD of the successful bidder will be released when the bidder has signed the Contract Agreement
pursuant to Instruction to Bidders and has furnished the required Contract Performance Guarantee
pursuant.
8.9 VALIDITY OF BIDS:
Offers/bids shall be valid for a period of at least 180 days from the date of opening of techno-
commercial Bid. Bids with shorter validity shall be liable for rejection at the discretion of the
Mahagenco.
Extension of validity of proposal:
If it becomes necessary, MAHAGENCO may request the parties, in writing, to extend validity of
proposals. The parties shall have the right to refuse such extension without forfeiting their proposal
security. In case a party extends the validity then it shall also extend the validity of its Proposal
Security for corresponding period.
9. SIGNING OF BIDS:
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9.1 Bid shall be submitted along with the tender documents and duly filled in with all sections
/Annexure/Appendixes/ schedules etc. the online offer shall be signed with valid digital signature
of the bidder/ lead member as per this clause. Physical supporting documents shall be signed by
the authorized person of the bidder/ lead member as per Format of Authorization.
9.2 The foreign bidders shall indicate in his bid , the name of Indian firm, if any, who will be acting as
his representative in India for the purpose of liaison of contract and receiving of payments and
will have to submit the form of authorization for Indian representative as per the Format of
Authorization. Such authorized Indian firm will have to submit the form of Authorized Indian
representative as per Annexure - 6 duly singed by a person authorized by the bidder.
Appointment of such Indian representative shall be subject to acceptance by the Mahagenco.
10.1 Each bidder shall carefully examine the Bid Specification and shall independently fully inform
and satisfy itself as to all the conditions and matters which may, in any way affect the work
specified in the Bid Specifications or costs thereof. Failure to furnish all information required by
the Bid Specifications or to submit a Bid not substantially responsive to the Bid Specification in
every respect will be at the bidder's risk and may result in the rejection of the Bid.
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10.2 Each Indian as well as overseas bidder shall obtain Digital Signature Certificate (meant for e-
tendering) from the list of Licensed Certifying Authorities approved by the controller of
Certifying Authorities provided on the website https://sets.mahagenco.in. The bidder in whose
10.3 Each bidder shall register itself at the website address https://sets.mahagenco.in on payment of the
vendor registration fees as per Clause 3.0 of Section –I to the Mahagenco before the last date for
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registration mentioned in the notification of invitation of bids ("NIT").
10.4 Each bidder shall arrange to pay the vendor registration and tender fee as per Clause 3.0 to the
Mahagenco by the last date for payment of tender fee indicated in NIT.
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10.5 Each bidder shall use the user ID and password, to login to the system and view the Bid
Specification. Each bidder is required to go through (on-line) the Bid Specifications thoroughly
before bidding.
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10.6 Bidders shall then fill the details required for the Bid and price Bid within the timelines indicated
in NIT for submission of the Bid. Subsequent to making the Bid, the bidder shall provide the
Mahagenco with physical copies of the required documents that have been uploaded in scanned
form in the form named as "Physical Support Documents" in accordance with NIT.
10.7 It is mandatory for the bidder to submit the Bids through e-tendering platform and the bidders are
required to provide the "Physical Support Documents" duly signed and sealed, within the
timelines specified.
10.8 The bidder shall send the "Physical Support Documents" in an envelope superscripted to the
address given in Clause 3.4:-"Physical Support Documents"
SPECIFICATION No: CE/SPGD-P/ PH-IV/ 750MW /Green-shoe / AG/ PV-47
10.9 Each Bidder shall submit their price Bid within the time-period indicated in NIT on the e-
tendering platform.
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10.10 Any discrepancy between the data/ details/ documents of the Bids submitted by the bidder in the
on-line Bid and the Physical Support Documents shall not be allowed and any such discrepancy
shall make the Bid submitted by the bidder liable to be rejected. No further communication in the
matter shall be entertained by the Mahagenco.
10.11 It shall be noted that the price Bid can be made only through the e-tendering platform. No
physical price Bids shall be submitted. In case a bidder submits physical price Bids, such Bids
shall be summarily rejected.
10.12 It shall be noted that prices shall be filled with two decimal points only. If the prices are filled
with more than two decimal points, only first two decimal digits shall be considered.
10.13 Bidders are requested to fill up/submit the online Bid data in the formats / space provided in the
Bid Specification itself. The bidders shall take a print of the filled-up Bid (for the bidder's record)
before the submit key is pressed on-line. It may not be possible to take a print thereafter.
10.14 Bids are to be submitted online and physical support documents shall be submitted in sealed
condition only. As such, physical support documents sent by fax/telegram/ e-mail etc. or
submitted in open condition shall not be accepted
10.15 Timely submission of offer: It is advisable to submit the digitally signed offer sufficiently in
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advance of due date & time so as avoid last minute trafficking at server. Offer received after the
due date and time of submission shall not be accepted. In case, the due date of opening of tender
The Bidder is requested to submit any question only online on Email id:
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[email protected], ------------------- at 15.00 Hr. Pre-bid meeting will be conducted.
a) Any queries relating to the tender document and the terms and conditions contained therein
shall be addressed to the Tender Inviting Authority for a tender or the relevant contact person
indicated in the tender.
b) Conditional Tender will be rejected outright considering it as non-responsive offer and Tender
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d) To assist in the examination, evaluation and comparison of tenders, the employer may ask
Bidders, individually for clarifications of their tenders. The request for clarification and the
response shall be in writing or by Where there is discrepancy between amounts in figures and
words, the amount in words will govern.
e) Prior to the expiration of the prescribed period of tender validity or such extended period the
Employer will notify the successful Bidder, by cable or telex, fax confirming in writing by
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registered letter that his tender has been accepted. The notification of award will constitute the
formation of the contract upon the furnishing by the successful Bidder of a performance
security.
f) All costs, charges and expenses including stamp duty in connection with contract as well as
preparations and completion of agreement shall be borne by the Bidders.
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registered under the Companies Act, 2013, before signing of PPA, keeping the
original shareholding of the Bidding Consortium unchanged. In case applications for
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multiple Projects have been made by a Consortium, separate Project Companies can
be formed for each Project.
A foreign company can also participate on standalone basis or as a member of
consortium at the RFP stage. In case of foreign company participating on standalone
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basis and its selection as successful bidder, it has to form an Indian Company
registered under the Companies Act, 2013 as its fully owned subsidiary Company
(i.e. 100% subsidiary) before signing of PPA.
iv. Limited Liability Companies (LLC) shall be eligible. Further, if such Limited
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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 (as defined in Clause 15), except
with the prior approval of the MAHAGENCO. 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 approval of the MAHAGENCO.
However, in case the successful bidder shall be itself executing the PPA, then it shall
ensure that its promoters shall not cede control till 1 (one) year from the COD,
except with the prior approval of the MAHAGENCO. In this case it shall also be
essential that the successful bidder shall provide the information about its promoters
and their shareholding to the MAHAGENCO before signing of the PPA with
MAHAGENCO.
viii. Any change in the shareholding after the expiry of 1 (one) year from the COD can
be undertaken under intimation to MAHAGENCO.
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i.
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The Net-Worth of the Bidder for the financial year ended on 31.03.2017 shall
not be less than INR 0.85 Crores per MW (of the capacity quoted).
iii. Bidders shall have to furnish a Certificate from Chartered
Accountants, certifying the Networth per MW of quoted capacity
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as on 31st March, 2017. 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
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amalgamation.
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:
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of the Bidder being a Bidding Consortium, any Member may seek
qualification on the basis of financial capability of its Affiliate(s). In
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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-
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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
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to signing of PPA.
3. The bidder shall have to submit documentary evidence for the above along with
Certified copies of annual audited accounts of the last financial year i.e., 2015-16 or
2016-17 as may be applicable OR in case the Bidder is a newly formed Company, then
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the certificate issued by a Chartered Accountant with certified copies of Balance sheet,
Profit & Loss account, Schedules and cash flow statement supported with bank
statement are required to be submitted at respective stages.
A) The project should be designed for delivery of energy at 33/11 KV level substation of MSEDCL.
B) The responsibility of getting the grid connectivity with MSEDCL shall entirely be of the successful
bidder. The successful bidder shall submit documentary evidence for securing connectivity with grid
from MSEDCL within 7 month from the date of signing of PPA.
C) The transmission of power up to the of interconnection and energy accounting infrastructure shall be the
responsibility of the successful bidder at his own cost. The maintenance of the transmission/distribution
system up to the interconnection point shall be responsibility of the bidder.
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D) 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 of
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 arrangement 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.
E) The successful bidder shall not be entitled to deemed generation in case of any delay in grant of
connectivity.
F) The successful bidder shall comply MERC regulations on forecasting, scheduling and deviation
settlement ,as applicable and are responsible for all liabilities related to connectivity.
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the MNRE i.e. Crystalline silicon or thin film or CPV, with or without trackers can be installed. Only
commercially established and operational technologies can be used, to minimize the technology risk
The bidder shall have good track record and shall not have been blacklisted/banned for participation in
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tenders issued by any entity, Government / Semi-Government organization in any country as on date of
submission of bid. The bidder shall submit an Affidavit to that effect. The bid will be rejected if such
affidavit is not furnished or the contract may be terminated if any information found incorrect at any
later stage.
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SPD should take all necessary actions in order to achieve financial closure of the project. Mahagenco
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will not provide any VGF or financial assistance or loan for the project. SPD to ensure that the
financial closure will be carried out within 7 (Seven) months from the date of signing of PPA.
Accordingly the successful bidder shall furnish the following documents within 7 months from the date
of signing of PPA.
a) Submit power evacuation/connectivity agreement of successful bidder with MSEDCL.
b) Evidence of clear possession of required land along with the following documentary evidences.
i. Ownership right or lease hold right or right to use from state nodal agency for entire duration
of the project in the name of successful bidder and possession of 100% of the area required
for the project. The land used for the project on lease hold basis or right to use basis will be
accepted in case of both government land and private land. Where ,leasing of private land is
involved , the lease should allow transfer of land to the procurer, in case of default of the solar
power Generator.
ii. 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.
iii. Developer and or Transfer permission issued by state Nodal agency /MEDA.
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iv. Copy of key plan drawing showing survey number, plot no. ,point of installation of solar
project with capacity.
If the project developer fails to tie-up financing arrangement for the project within 7 months as
prescribed above or if the project developer fails to report such tie-up then the MAHAGENCO 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
the MAHAGENCO, on the sole request of the solar power Generator,upon submission of a fresh
Performance Bank Guarantee (PBG) with same conditions,value and validity as stated in section-3-1
MAHAGENCO reserves the right to accept any bid or reject any or all bids without assigning any
reasons thereof.
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At this stage, bids of each bidder will be evaluated on the basis of terms & conditions of RFP viz.
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bid security (EMD), the correctness & validity of required undertaking/agreements/Board
resolutions/ annexure/ certificates/financial documents/ vendor credentials documents etc.
submitted by bidder under prescribed format according to the RFP.
Bidder whose bid found complete in all respect and in line with RFP terms & conditions will be
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considered qualified bidder.
In this step evaluations shall be done based on the “Tariff” quoted by the bidders in the
Electronic Form of Financial Bid. After this step, the shortlisted bidders shall be invited for the
Reverse Auction.
i) Second Envelope (containing Tariff) of only those bidders shall be opened whose
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iii) In this step, evaluation will be carried out based on tariff quoted by the Bidders.
iv) 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
the procedure as elaborated in Section 4.3.2 shall be followed.
Note: On completion of Techno-commercial bid evaluation, if it is found that only one bidder
is eligible, opening of the financial bid of the bidder will be at the discretion of MSPGCL.
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v) If the first-round tariff quoted is same for two or more bidders, then all the bidders with
same tariff shall be considered of equal rank/ standing in the order.
vi) All bidders with same tariff shall be eligible for reverse auction round (provided their
rank is equal to or less than “n” as mentioned in Section 4.3.2).
vii) Ranking of bidders after Financial Bid Evaluation: In case of financial bids received
from all bidders are in the form of tariff, ranking of bidders shall be done accordingly. For
example:
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B7 Rs. 3.50 (Tariff in Rs./ kWh) L6
B6
B10
B9
B11
Rs.
Rs.
Rs.
Rs.
3.60
3.90
4.00
4.00
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(Tariff in Rs./
(Tariff in Rs./
(Tariff in Rs./
(Tariff in Rs./
kWh)
kWh)
kWh)
kWh)
L7
L8
L9
L9
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iii. Reverse Auction (Step-3)
Following procedure will be followed for the reverse bidding/ auction
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The Eligible Bidders shall participate in the Reverse Auction Process, in accordance with reverse
auction process, for determination of the Selected Bidder(s).
i. Intimation of Date and Time of Reverse Auction
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MAHAGENCO shall, at least 4 (four) calendar days prior to the date of conducting
the Reverse Auction Process, inform all the Eligible Bidders through e-mail
regarding the date and time of the Reverse Auction Process and notifying them of
being eligible to participate in the Reverse Auction Process.
Once the e-Reverse Auction window of the E-bidding portal is configured, Eligible
Bidders can log on to the E-bidding Portal and view salient aspects of the Reverse
Auction window on the E-bidding portal (e.g. Best Quote, minimum bid decrement
value). Further, each Eligible Bidder would be able to see number of Units for which
that Eligible Bidder is qualified.
MAHAGENCO will also send a separate e-mail to all the Eligible Bidders notifying
the start time of the Reverse Auction Process, along with the number of Units for
which such Eligible Bidder is qualified. Eligible Bidders will be able to login into
the E-bidding Portal 15 (fifteen) minutes before the scheduled commencement time
of the Reverse Auction Process.
ii. REVERSE AUCTION / BIDDING PROCEDURE
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Process
a) In reverse bidding(auction) process, the bidder has to quote lower tariff rate
in the decrement of Rs.0.01/-(one paisa) & value will be rounded / truncated
up to 2 decimal digits. The reverse bidding (auction) will be started from the
lowest price quoted by the bidder.
b) After opening of price bids and depending upon the comparative statements,
bidders will be eligible for participating in reverse bidding process. In reverse
bidding (auction) process, the bidder has to quote on the base value declared
by Mahagenco in the decrement of step of Rs. 0.01/- (One paisa) and value
will be rounded/ truncated up to 2 decimal digits. The modalities of Reverse
Bidding will be followed.
Detailed Procedure of Reverse Bidding is enclosed as Annexure No.19
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Assuming
T = Total number of techno-commercially qualified bidders, and
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ST= Capacity of the total number of techno-commercially qualified bidders
SK = Cumulative capacity till the ‘k’th serial number bidder (not the ‘k’th rank bidder)
after ranking is done in ascending order from L1 onwards
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SM = Total capacity of techno-commercially qualified bidders after ranking is done in
ascending order from L1 onwards) such that (SM-1 < SE MW and SM ≥ SE
SE = Eligible Capacity for Award
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Sl. Techno
Capacity Shortlisted
commercially Rank T M SE N
No. (MW) Bidders
qualified Bidder
1 B8 L1 55 11 7 500 9* B8
2 B5 L2 45 MW B5
3 B1 L3 125 B1
4 B4 L3 75 B4
5 B2 L4 80 B2
6 B3 L5 95 B3
7 B7 L6 75 B7
8 B6 L7 60 B6
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9 B10 L8 50 B10
10
11
B9
B11
L9
L10
55
55
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* Though, n = 7 + (11-7)/2 = 9 as per the above formula.
Shortlisted bidders for Reverse Auction will be able to login into https://sets.mahagenco.in
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for reverse auction 15 minutes before the start time of reverse auction.
i) During 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.
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ii) 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.
iii) Bidders can only quote any value lower than their previous quoted tariff taking into
consideration of the minimum decrement value mentioned in 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.
iv) During Reverse Auction, the bidder shall not have the option of changing the total
project capacity while quoting tariff during reverse auction.
v) In the bidder’s bidding window, the following information can be viewed by the bidder:
1. Its tariff as their initial start price and there after last quoted tariff
along with project capacity for which the bidder is qualified;
2. The list of all the bidders with their following details:
Pseudo Identity, last quoted tariff and project capacity
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vi) The initial auction period will be of 60 minutes (Sixty minutes) with a provision of auto
extension by ten minutes from the scheduled / extended closing time if any fresh bid
is received in last Ten minutes of auction period or extended auction period. If no
valid bid is received during last ten minutes of auction period or extended auction
period, then the reverse auction process will get closed.
Rs. 2.30 / kWh Rs. 2.30 / kWh Rs. 2.30 / kWh Rs. 2.25 / kWh
Rs. 2.50 / kWh Rs. 2.60 / kWh Rs. 2.70 / kWh Rs. 2.30 / kWh
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Rs. 2.65 / kWh Rs. 2.70 / kWh Rs. 2.80 / kWh Rs. 2.60 / kWh
Rs. 3.00 / kWh Rs. 3.20 / kWh Rs. 3.05 / kWh Rs. 3.30 / kWh
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b) 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 is exhausted.
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c) 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 is exhausted subject to a minimum
allocation of 2MW. The allocation of additional 250MW capacity through
Green-shoe option shall be as per Clause 3.2 of RFS (Note: It will be mandatory
for the last selected Bidder to accept the last Project capacity offered by
MSPGCL, which may be less than the capacity quoted by him). However, the
bidder who has submitted the bid for Project with more than one locations,
may intimate MSPGCL about its revised location details within two working
days after e-Reverse Auction event and the same shall be considered by
MSPGCL to allot the projects before issuance of LoA.
d) 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.
e) In the above case (as mentioned in previous Section), if the time of quote also
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becomes 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.
f) At the end of selection process, Letter of Award (LOA) will be issued to all
the Successful Bidders. In case of Consortium being selected as Successful
Bidder, the LOA shall be issued to the Lead Member of the Consortium.
In all cases, MSPGCL’s decision regarding selection of bidder through
Reverse Auction or otherwise based on tariff or annulment of tender process shall
be final and binding on all participating bidders.
Also, MSPGCL shall reserve the right to short close the capacity lower
than 1000MW (750MW + 250MW under Green-shoe option) at its discretion, if
the prices are abruptly high.
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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
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be awarded to the bidder till the total capacity is exhausted subject to a
minimum allocation of 25 MW. The allocation of additional 500 MW
capacity through Greenshoe option shall be as per Clause 3.2 of RFS (Note: It
will be mandatory for the last selected Bidder to accept the last Project capacity
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offered by MSPGCL, which may be less than the capacity quoted by him).
However, the bidder who has submitted the bid for Project with more than
one locations, may intimate MSPGCL about its revised location details within
two working days after e-Reverse Auction event and the same shall be
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4.4.5 In the above case (as mentioned in previous Section), if the time of quote
also becomes 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, Letter of Award (LOA) will be issued to all
the Successful Bidders. In case of Consortium being selected as Successful
Bidder, the LOA shall be issued to the Lead Member of the Consortium.
In all cases, MSPGL’s decision regarding selection of bidder through
Reverse Auction or otherwise based on tariff or annulment of tender process shall
be final and binding on all participating bidders.
Also, MSPGCL shall reserve the right to short close the capacity lower
than
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SECTION II:
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250MWAC UNDER GREEN-SHOE OPTION.
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The main objective of this project to design, engineering, manufacture, supply, erection, testing and
commissioning of 750MW AC cumulative capacity grid interactive solar PV power plants at various
places to cater the AG feeder load of various substations at various places in Maharashtra under
‘Chief Minister Solar AG Feeder Scheme’.
Mahagenco will sign the PPA for 25 years with the SPD at the tariff rate discovered through
the reverse bidding and PSA with MSEDCL.
1.4 SPD Scope or work:
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4. Operation and Maintenance of Plant for 25 years.
5. Construction of the semi grouting type approach road to the site and semi grouting type
Periphery Road along with Drainage system.
6. Construction of fencing to the land plot.
7. Construction of Bore wells at the site.
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8. Arrangement of topographical, Geological, soil test & water test report.
9. Design, engineering, manufacture, supply, erection, testing and commissioning of alloted
capacity grid interactive solar PV power plant at various places to cater the AG feeder load
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10. SPD will construct & erect complete evacuation line along with & ABT meters from the
switchyard of solar power project to the nearest MSEDCL/MSETCL substation. Energy
meter (ABT) will be located at MSEDCL Substation.
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12. Construction of bays and installation of all necessary associated equipment and protection
and metering system at interconnection point at MSEDCL/MSETCL substation.
13. SPD will carry the O&M of the evacuation line and associated equipment, viz. Breakers,
Isolators, Bays, CT, PT, ABT meter, Protection & metering etc. for 25 years
14. All approvals permits and clearances required for setting up of the project (including connectivity)
and those required from State Government and local bodies shall be in the scope of the bidder .
2. TECHNICAL SPECIFICATION
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
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following are some of the technical measures required to ensure quality of the major components used
in grid connected solar power Projects.
2.1 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.
2.2 Power Conditioners/ Inverters
The Power Conditioners/Inverters of the SPV power plants must conform to the latest edition of IEC/
equivalent BIS Standards as specified below:
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Efficiency Measurements IEC 61683
Environmental Testing IEC 60068-2/ IEC 62093
Electromagnetic Compatibility (EMC)
Electrical Safety
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The PV modules / Power Conditioners deployed in the power plants must have valid test certificates for
their qualification as per above specified IEC/ BIS Standards by one of the NABL Accredited Test
Centers in India. In case of module types/ equipment for which such Test facilities may not exist in India
at present, test certificates from reputed ILAC Member body accredited Labs abroad will be acceptable.
2.6 Warranty
i. 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.
ii. The modules shall be warranted for at least 10 years for failures due to material defects and
workmanship.
iii. The mechanical structures, electrical works and overall workmanship of the grid solar power
plants must be warranted for a minimum of 5 years.
iv. The Inverters/PCUs installed in the solar power plant must have a warranty for 5 years.
2.7 Identification and Traceability
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Each PV module used in any solar power Project must use a RF identification tag. The following
information must be mentioned in the RFID used on each module (This can be inside or outside the
Site owners would be required to maintain accessibility to the list of Module IDs along with the above
parametric data for each module.
2.8 Performance Monitoring
As part of the performance monitoring, the following shall be carried out:
a. The SPD shall maintain the list of Module IDs along with performance characteristic data for each
module. This data shall be submitted to Mahagenco.
b. The SPDs must install necessary equipment to continuously measure solar radiation on module plane,
ambient temperature, wind speed and other weather parameters and simultaneously measure the
generation of DC power as well as AC power generated from the plant. They will be required to
submit this data to Mahagenco on line and/or through a report on regular basis every month for the
entire duration of PPA.
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c. The SPDs shall provide access to Mahagenco or their authorized representatives for installing any
additional monitoring equipment to facilitate on-line transfer of data.
d. All data shall be made available as mentioned above for the entire duration of the PPA.
e. Fibre Optic Ethernet Ring network (Managed type Ethernet switches in each Control Room) should
be provided between MCR & Inverter Control Rooms.
f. Web-based monitoring should be available, which should not be machine dependent. The web- based
monitoring should provide the same screens as available in the plant. Also it should be possible to
download reports from a remote web-client in PDF or Excel format.
g. The SPD shall follow the forecasting and scheduling process as per the regulations in this regard by
the CERC/MERC as per the Indian Electricity Grid Code (IEGC) and requirement of SLDC by
establishing the required SCADA system & communication facility from project to SLDC. SPD shall
be responsible for the O&M of SCADA & communication system thereof for entire contract period
at its own cost.
Bidder shall ensure that the facility at all times
a) Have SCADA installation/ any other continuous communication facility for
transferring the data of Solar Energy generated from the Facility‟s switchyard /
MSEDCL Substation to the State Grid‟s Sub-Station / Control room;
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b) Have installed Special Energy Meter (SEM) with telecommunication facility with
The SPD will ensure that all Solar PV modules from their plant after their ‘end of life’ (when they
become defective/ non-operational/ non-repairable) are disposed in accordance with the “e-waste
(Management and Handling) Rules, 2011” notified by the Government and as revised and amended from
time to time.
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SECTION III:
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1. PERFORMANCE SECURITY
Bidders selected by Mahagenco based on this RFP shall submit Performance Security in the form of
Bank Guarantee for a value @ Rs 20 Lakh / MW for each awarded project within 21 days of issuance
of LoA or 2 days prior to signing of PPA of that individual Solar power Project. It may be noted that
successful Bidders shall submit the Performance Guarantee on the non-judicial stamp paper of worth
Rs.500/- as per the format prescribed in the Annexure - 15 for a value @ Rs. 20 Lakh/MW with a
validity period of 24 months which includes 12 months of operation of plant beyond accepted
scheduled or re-scheduled commissioning date, whichever is later in addition to this the Bank
Guarantee should have 06 (six month) claim period beyond the validity date. On receipt and after
successful verification of the total Performance Bank Guarantees for allotted capacity projects in the
acceptable form, the BG submitted towards EMD shall be returned by Mahagenco to the successful
Bidder. The Performance Security in the form of Bank Guarantee would be encashed proportionally @
Rs.20 Lakh/MW for the project not commissioned within accepted schedule period or re-scheduled
period.
2. STATUTORY RESPONSIBILITY
The SPD shall comply with all applicable laws or ordinances, codes, approved standards, rules,
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and regulations and shall procure all necessary Municipal, Panchayat and Government permits,
licenses at its own cost. Also, fees, royalties, charges etc. shall be borne by the SPD at his own
cost.
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The SPD shall leave the MAHAGENCO and the CE (SPGD-P) harmless as a result of any
infractions thereof. If required, the SPD shall renew the above permits & licenses in case such
situation warrants.
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3. INSOLVENCY AND BREACH OF CONTRACT
The MAHAGENCO may at any time by notice in writing summarily terminate the Contract without
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force or make any conveyance or assignment with his creditors or suspend payment or if the firm
be dissolved under Partnership Act, or
b. If the SPD being a Company is wound up voluntarily or by the order of a court or a Receiver,
Liquidator or manager on behalf of the Debenture holder is appointed or circumstances have arisen
which entitle the Court or debenture holder to appoint a Receiver, Liquidator or Manager, or
c. If the SPD commits any breach of the contract not herein specifically provided for, provided
always that such determination shall not prejudice any right of action or remedy which shall have
accrued or shall accrue thereafter to the MAHAGENCO and provided also that the SPD shall be
liable to pay to the MAHAGENCO. The SPD shall under no circumstances be entitled to pay again
or repurchase, Or
d. If the SPD found utilizing the land leased to him for any other purpose/commercial activities that
are not associated with solar power project.
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In case of failure to achieve these milestones, MAHAGENCO shall have rights to encash the
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Performance Bank Guarantee and in the event that the SPD is not able to commission the project beyond
3 months of Schedule Date of COD then Mahagenco can also cancel the PPA.
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i. The MAHAGENCO may, without prejudice to any other remedy for breach of contract, by written
notice of default sent to the SPD, terminate the contract in whole or part:
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ii. SPD fails to achieve financial closure in stipulated time OR fails to infuse the require equity amount
as stipulated as per the financial requirement clause under Section-I, Qualifying Requirement clause
no.11, B, OR at any stage if it is found that the documents furnished by us are false / misleading or
misrepresented in any way, then the LoA issued shall be terminated and the entire EMD and
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iii. If the SPD fails to deliver or execute any or all of its contractual obligations as stipulated in the RFP
& Contract Agreement within the time period(s) under the contract or any extension thereof granted
by the MAHAGENCO pursuant to the clause for Delay in Execution or Failure to Supply or/If the
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7. FORCE MAJEURE
i. In the event of either party being rendered unable by Force Majeure to perform any obligation
required to be performed by them under this agreement, relative obligation of the party affected by
such Force Majeure shall be treated as suspended during which the Force Majeure clause last.
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ii. The term "Force Majeure" shall have herein mean riots (other than among the SPD's employee),
Civil commotion, War (whether declared or not), invasion, act of foreign enemies hostilities, civil
war, rebellion, revolution, insurrection, military coup, damage from aircraft, nuclear fission,
embargoes, quarantines, acts of god such as earthquake (above 7.0 magnitude on Richter scales),
lightning, unprecedented floods, fires not caused by SPDs negligence and other causes which the
SPD has no control and accepted as such by the CE(SPGD-P) whose decision shall be final and
binding. Normal rainy season and monsoons are not Force Majeure.
iii. Upon occurrence of such causes and upon its termination, the party alleging that it has been
rendered unable as aforesaid thereby shall notify the other party in writing by registered notice
within 24 (twenty-four) hours of the alleged beginning and ending thereof giving full particulars
and satisfactory evidence in support of its claim.
iv. Time for performance of the relative obligation suspended by the force majeure shall stand
extended by the period for which such clause lasts.
v. If works are suspended by Force Majeure conditions lasting for more than two months, the
MAHAGENCO shall have the option of canceling this contract in whole or part thereof, at its
discretion.
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vi. The SPD shall not claim any compensation for 'Force Majeure conditions' and shall take
appropriate steps to insure men and materials utilized by him under the contract well in advance
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The SPD shall submit monthly progress report on execution of works conforming to bar chart,
network like PERT. In case of any slippage(s) or delay in execution of work reasons for such delay
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along with details of hindrances will be submitted by the SPD along with modified Bar Chart
mentioning the action plan being taken to keep the due date of completion of project unchanged. If
required, SPD shall use additional manpower to keep the due date of completion of project
unchanged.
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and relevant Rules in vogue at the time of execution including operation & maintenance period. All
the fees/cost regarding renewals of all required statutory certificates shall be borne by SPD during
contract period Also, all the taxes, royalties, fees applicable as per government rules shall be borne by
SPD.
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14. ARBITRATION
a) Except where otherwise provided, if at any time, any question, dispute or difference, whatever
shall arise between the SPD and the MAHAGENCO upon or in relation to or in connection
with this contract either of the parties may give to the other notice in writing of the existence
of such a question, on rejection of the matter, the dispute or difference shall be referred to the
sole arbitrator jointly appointed by MAHAGENCO and the SPD at the time of dispute after
ascertaining the terms of reference mutually.
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b) The Arbitrator will preferably be a member of Arbitration Council and arbitration proceedings
will take place as per provisions of Arbitration and Conciliation Act, 1996 or any statutory
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modifications or re-enactment thereof, and the rules made there under and for the time being
in force shall apply.
The SPD will ensure that the work under this contract shall continue during arbitration
proceedings and dispute and no payments due from or payment by the MAHAGENCO shall
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be withheld on account of such proceedings except to the extent which may be in dispute.
b) The Law governing the procedure and administration of any arbitration instituted under the
Clause for Arbitration shall be the Indian Law.
18. NOTICES
a) For all purpose of the contract, including arbitration there under, the address of the SPD
mentioned in the tender shall be the address to which all communications addressed to the SPD
shall be sent, unless the SPD has notified a change by a separate letter containing no other
communication and sent by registered post with acknowledgement due to the Project Manager.
The SPD shall be solely responsible for the consequence of an omission to notify change of
address in the manner aforesaid.
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In case any term or condition in this RFP is found ambiguous & un clear or the RFP is silent on some
terms/conditions which required to incorporated in post tender period such terms or condition shall be
applicable as per the prevailing MNRE/SECI guidelines with mutual consents.
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SECTION- IV:
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b) In case the project generates and supplies energy less than the energy corresponding to the
contracted CUF, the SPD will be liable to pay to the Mahagenco, penalty for the shortfall in
availability below contracted CUF level.
c) The amount of such penalty shall be 25% (twenty-five per cent) of the cost of this shortfall in
energy terms, calculated at PPA tariff. However this penalty shall not be applicable in event of
force majeure identified under PPA with successful bidder affecting supply of solar power by
seller/power producer.
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d) In case the availability is more than the maximum CUF specified, the SPD will be free to sell it
to any other entity provided first right of refusal will vest with the Mahagenco. In case the
Mahagenco purchases the excess generation, the same may be done at 75% (seventy-five per
cent) of the PPA tariff.
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e) Repowering: The Solar Power Generators will be free to re-power their plants from time to
time during the PPA duration. However, the Procurer will be obliged to buy power only within
the range of CUF (or CEQ, as relevant), specified in the PPA. Any excess generation will be
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dealt as specified in above clause (d).
i. The SPD shall give MAHAGENCO at least thirty (30) days advanced preliminary written notice
and at least fifteen (15) days advanced final written notice, of the date on which it intends to
synchronize the individual Solar Power Plant to the Grid System. For eg. SPD shall give
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Mahagenco at least thirty (30) days advanced preliminary written notice that it intends to
synchronize 6.00 MW Solar Power Plant at Kathpal, Taluka = Sangola to the Grid System.
ii. Subject to clause no. 2 of Section -IV the individual Solar Power project may be synchronized by
the SPD to the Grid System when it meets all the connection conditions prescribed in applicable
Grid Code then in effect and otherwise meets all other Indian legal requirements for
synchronization to the Grid System.
iii. All the necessary permissions from Electrical Inspector, MEDA, MSETCL, MSEDCL, SLDC
etc., as may be required, shall be taken up by the SPD for the purpose of interconnection of the
individual solar power plant with the grid. Grid connectivity related permits and approvals
required to connect the plant with the proposed substation will be taken by SPD.
iv. The synchronization equipment shall be installed by the SPD at the respective Solar Power Plant
at its own cost. The SPD shall synchronize the Solar Power Plant with the Grid System only after
the approval of synchronization scheme is granted by MAHAGENCO/ the head of the concerned
sub-station/Grid System and checking/verification is made by MAHAGENCO/ the concerned
authorities of the Grid System.
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Trial operation shall commence immediately after the synchronization of the individual Solar Power
Project with the grid before commissioning. During the trial operation and testing, the Solar Power
Plant shall perform trouble free operation cumulative minimum 72 hours during which functionality
of all plant components shall be demonstrated and the system shall be in Generating mode.
c) Pre-Commissioning Tests
The following tests and activities shall be completed by the SPD before the declaration of COD of the
solar power plant:
i. Relay testing
ii. Transformer testing
iii. Line charging
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iv. Transformer charging
vi Trial Run
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v. Electrical safety & earthing
There shall be no obligation for Mahagenco to take delivery of solar energy prior to commercial
operation date, except that mahagenco shall take all energy produced during testing of the facility,
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without payment of any charges
d) Commissioning
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On successful completion of trial run and pre-commissioning tests of individual project, the Solar
Power Plant shall be commissioned in accordance with the provisions of this Contract, applicable
rules and regulations, grid code and recommendations of MSETCL/MSEDCL.
3. Commercial Operation Date of the Solar Power Plant
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(i) Once the commissioning of the individual Solar Power Project is finished satisfactorily in
accordance with the agreed schedule, MAHAGENCO and the SPD will draw up the Commercial
Operation Date of the that particular Solar Power Plant, whose date will determine, amongst other
issues, the beginning of the Guarantee Period for defects.
(ii) The only circumstances or causes for delay of the Commercial Operation Date of the Solar Power
Plant are those specified in this Contract, and only in the case that they are not attributed to the
SPD. Under no circumstances will the exercise by MAHAGENCO of any of the rights established
in the Contract give rise to an extension of the period for the Commercial Operation of the Solar
Power Plant, unless this possibility is considered in this Contract. Similarly, failure to comply by
the SPD of any of the periods set out in the Execution Plan will not in itself give the SPD the right
to request an extension of the term set for the Commercial Operation of the Solar Power Plant.
(iii) Any reference to the Commercial Operation in this Contract will refer to the Commercial
Operation of the Solar Power Plant unless it is indicated to the contrary.
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(i) The Commercial Operation of the particular Solar Power Project out of total cumulative capacity of
750MW will occur after to be in line with above clause 2. c) & d) above and entire capacity it is
connected to the corresponding electricity grid and working properly.
(ii) Before the individual Solar Power Project is connected to the grid, the SPD shall inform, at least
thirty (30) Days before the anticipated date in writing to MAHAGENCO, that the
certain amount of contracted capacity Solar Power Plant based on the capacity is ready for the
Commercial Operation, as long as the following conditions are fulfilled:
a) The SPD has finished the construction, supply, erection, installation & interconnections of the
all equipments for that individual solar plant viz. MMS, PV Modules, Inverters, all electrical
installations along with transformers of Solar Power Plant in accordance with this Contract,
and it is free of defects;
b) All the permits, licenses and authorizations for running and maintaining the individual Solar
Power Plant are in order according to the regulations in force.
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Mahagenco shall enter into Power purchase agreement (PPA) with Bidders selected based on this RfP.
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A copy of standard Power Purchase Agreement to be executed between Mahagenco and the selected
SPD will be made available on http://sets.mahagenco.in. The PPA shall be signed within 01 month
from the date of issue of Letter of Award (LoA) (for e.g. If the LOA is dated 07-10-2017, then the last
date of signing of PPA shall be 07-11-2017). PPA will be executed between Mahagenco and selected
bidder for each Project separately with the L1 bidder tariff rate discovered through reveres bidding
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process. The PPAs shall be valid for a period of 25 years as per provisions of PPA.
Before signing of PPA with the selected Bidders, Mahagenco will verify the documents furnished by
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the Bidders at the time of submission of response to RFP including the shareholding of the Project
Company along with a copy of complete documentary evidence supported with the original
documents. Bidders will be required to furnish the documentary evidence for meeting the RFP
Qualification Requirement and financial requirements mentioned at Clause 11 A and Clause 11 B
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respectively. Mahagenco at this stage may also ask the Bidders to furnish the audited balance sheet of
the previous month-end along with complete Bank Statement starting from day 1 of submission of
response to RFP till date along with a copy of the documents submitted.
At the time of signing of PPA. If at this stage it is found that the documents furnished by the Bidders
are false / misleading or misrepresented in any way, then the LoA issued shall be terminated and the
entire EMD and Performance Security shall be forfeited.
7. Change in law:
a) In the event a Change in Law results in any adverse financial loss/ gain to the Solar Power Generator
then, in order to ensure that the Solar Power Generator is placed in the same financial position as it
would have been had it not been for the occurrence of the Change in Law, the Solar Power Generator/
Procurer shall be entitled to compensation by the other party, as the case may be, subject to the
condition that the quantum and mechanism of compensation payment shall be determined and shall be
effective from such date as may be decided by the Appropriate Commission.
b) In these Guidelines, the term Change in Law shall refer to the occurrence of any of the following
events after the last date of the bid submission, including
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SECTION – V:
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ANNEXURES
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SECTION V: ANNEXURES FOR BID SUBMISSION
The following formats are required to be submitted as part of the Bid. These formats are designed to
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demonstrate the SPD's compliance with the Qualification Requirements set forth in Clause 12 of Section I and
other Bid submission requirements specified in the RFP.
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Annexure - 1
Formats for Eligibility of Offer
(Non-Financial Bid) (The format shall be on the Letter Head of the Bidding Company/ Lead Member of the
Bidding Consortium)
No ........................
To,
The Chief Engineer (SPGD-P.),
Maharashtra State Power Generation Company Ltd.,
"Prakashgad", 3rd Floor, Bandra (East)
Mumbai - 400 051
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Sub: Offer in response to Notice Inviting Tender No. dated for selection of solar power developer for
development of 750MWAC cumulative capacity grid interactive solar PV power plant to cater the AG
option
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feeder load of various substations in Maharashtra with additional capacity of 250MWAC under Green-shoe
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We, the undersigned [insert name of the 'Bidder'] having read, examined and understood in detail the RFP
and Contract for development of 750MWAC cumulative capacity grid interactive solar PV power plant to
cater the AG feeder load of various substations in Maharashtra with additional capacity of 250MWAC under
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Green-shoe option.
We hereby submit our Bid comprising of Financial Bid and Non-Financial Bid. We confirm that neither we nor
any of our Parent Company/ Affiliate/ Ultimate Parent Company has submitted Bid other than this Bid directly
or indirectly in response to the aforesaid RFP.We are submitting application for the development of following
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Sr. Location of project (Village ,Taluka ,Districts) Sub-station Details Proposed Capacity in
No MW
Total Capacity
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We give our unconditional acceptance to the RFP, dated XXXXXX and Contract attached thereto, issued by
MAHAGENCO, as amended. In token of our acceptance to the Contract, the same have been initialed by us and
enclosed to the Bid. We shall ensure that SPD shall execute such Contract as per the provisions of the RFP and
provisions of such Contract shall be binding on us.
Bid Security
We have enclosed a Bid Security of Rs. _______________ (Insert Amount), in the form of bank guarantee
no. ____________ (Insert number of the bank guarantee) dated ___________ [Insert date of bank
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guarantee] from ______________________ (Insert name of bank providing Bid Security) and valid up
to _________ . The offered quantum of power by us is MW (Insert total capacity offered)
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We have submitted our Price Bid strictly on line only, without any deviations, conditions and without
mentioning any assumptions or notes for the Price Bid in the said format.
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Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision made by MAHAGENCO in
respect of any matter regarding or arising out of the RFP shall be binding on us. We hereby expressly waive any
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and all claims in respect of Bid process. We confirm that there are no litigations or disputes against us, which
materially affect our ability to fulfill our obligations with regard to execution of Contract.
CODES AND STANDARDS:
We confirm that all the materials/equipment supplied by us under this bid shall be according to the various
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codes, standards, acts, laws, rules, etc. as specified in your bid specification and documents.
We confirm that we have studied the provisions of the relevant Indian laws and regulations as required to enable
us to submit this Bid and execute the Contract, in the event of our selection as Successful Bidder. We further
undertake and agree that all such factors as mentioned in RFP have been fully examined and considered while
submitting the Bid.
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Contact Person
We are enclosing herewith the Bid Security& Non-Financial Bid (Envelope I) and Financial Bid (Envelope II)
containing duly signed formats, each one duly closed separately, in one (1) original + two (2) copies (duly
attested) as desired by you in the RFP for your consideration.
It is confirmed that our Bid is consistent with all the requirements of submission as stated in the RFP and
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subsequent communications from MAHAGENCO.
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The information submitted in our Bid is complete, strictly as per the requirements stipulated in the RFP and is
correct to the best of our knowledge and understanding. We would be solely responsible for any errors or
omissions in our Bid.
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We confirm that all the terms and conditions of our Bid are valid for acceptance for a period of one hundred and
twenty (180) days from the Bid Deadline.
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We confirm that no order / ruling has been passed by an Appropriate Commission or a competent court against
us or any of our Affiliates in the preceding one (1) year from the Bid Deadline for breach of any contract related
to design and/or engineering and/or manufacture and/or supply and/or erection and/or testing and/or
commissioning and/or operation & maintenance having duration of contract in excess of one (1) year and that
the Bid Security submitted by us or any of our Affiliates has not been forfeited, either partly or wholly, in any
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bid process related to Contract involving design and/or engineering and/or manufacture and/or supply and/or
erection and/or testing and/or commissioning and/or operation & maintenance in the preceding one (1) year
from the Bid Deadline to any company/utility in India as per the provisions of clause “Qualifying
Requirement.”
We also declare that our company/all members of the consortium has/have not been included in the list of
sanctions of the Indian Government nor in any other list of sanctions and affirm that our company/all members
of the consortium will immediately inform MAHAGENCO if this situation occur at a later stage.
Thanking you,
We remain,
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Yours faithfully,
Name, Designation and Signature of Authorized Person in whose name Power of Attorney / Board Resolution
as per is issued.
Date
Place
Seal of Company
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Annexure - 2
Format for Power of Attorney
(Non-Financial Bid)
POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.
Foreign companies submitting Bids are required to follow the applicable law in their country)
Power of Attorney to be provided by the Bidding Company/ Lead Member in favor of its representative as
evidence of authorized signatory's authority.
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the registered office of the Bidding Company or Lead Member of the Bidding Consortium, as applicable) do
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hereby constitute, appoint and authorize
Mr./Ms .............................................................................. (name and residential address) who is
presently employed with us and holding the position of ........................................................... as our true and
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lawful attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection
with or incidental to submission of our Bid for development of 750MWAC cumulative capacity grid interactive
solar PV power plant to cater the AG feeder load of various substations in Maharashtra with additional
capacity of 250MWAC under Green-shoe option
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Maharashtra in the country of India in response to the RFP dated XXXXXX issued by Maharashtra State
Power Generation Company Limited ("MAHAGENCO" or "MSPGCL"), including signing and submission of
the Bid and all other documents related to the Bid, including but not limited to undertakings, letters,
certificates, acceptances, clarifications, guarantees or any other document which MAHAGENCO may require
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us to submit. The aforesaid Attorney is further authorized for making representations to MAHAGENCO, and
providing information / responses to MAHAGENCO, representing us in all matters before MAHAGENCO,
and generally dealing with MAHAGENCO in all matters in connection with our Bid till the completion of the
Bidding Process as per the terms of the RFP.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of
Attorney and that all acts, deeds and things done by our aforesaid attorney shall be binding on us and shall
always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms under the RFP.
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Mr .................................................................
duly authorized by the Board to issue such Power of Attorney
Signature of Attorney
Attested
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(Signature of the executant)
(Name, designation and address of the executant)
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Signature and stamp of Notary of the place of execution
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Common seal of........................... has been affixed in my/our presence pursuant to Board of Director's
WITNESS
1 .....................................................................................
(Signature)
Name ........................................................
Designation ...........................................
2.
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(Signature)
Name ........................................................
Designation ...........................................
Notes:
The mode of execution of the power of attorney shall be in accordance with the procedure, if any, laid down
by the applicable law and the charter documents of the executant(s) and the same shall be under common seal
of the executant affixed in accordance with the applicable procedure. Further, the person whose signatures are
to be provided on the power of attorney shall be duly authorized by the executant(s) in this regard.
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The person authorized under this Power of Attorney shall be a person holding the post of Manager or above
designation in the company.
of equivalent position.
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In case of the Bidding Company/Lead Member being a foreign company, the same shall be signed by a person
In the event, power of attorney has been executed outside India, the same needs to be duly notarized by a
notary public of the jurisdiction where it is executed.
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Also, wherever required, the executant(s) shall submit for verification the extract of the charter documents and
documents such as a Board resolution / power of attorney, in favor of the person executing this power of
attorney for delegation of power hereunder on behalf of the executant(s).
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Annexure – 3
(Non-Financial Bid) (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
place of execution, duly signed on each page. Foreign entities submitting Bid are required to follow the
applicable law in their country)
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THIS Consortium Agreement (hereinafter referred to as “Agreement”) executed on this....................... day of
..................Two thousand.................. between M/s......................................................................... a company
incorporated under the laws of ...................................... and having its Registered Office at ................................
(hereinafter called the "Party 1”, which expression shall include its successors, executors and permitted
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assigns), M/s ...................................................... a company incorporated under the laws of
...................................... and having its Registered Office at ................................ (hereinafter called the "Party
2”, which expression shall include its successors, executors and permitted assigns) and
M/s....................................................... a Company incorporated under the laws of
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of the RFP Documents as may be required to be entered into with Maharashtra State Power Generation
Company Limited (MAHAGENCO).
Party 1, Party 2, and Party 3 are hereinafter collectively referred to as the “Parties” and individually as a
“Party”.
WHEREAS Maharashtra State Power Generation Company Limited “MAHAGENCO” desires to enter into a
Contract for development of 750MWAC cumulative capacity grid interactive solar PV power plant to cater the
AG feeder load of various substations in Maharashtra with additional capacity of 250MWAC under Green-shoe
option.
WHEREAS, Maharashtra State Power Generation Company Limited “MAHAGENCO” had invited Bids, vide
RFP dated issued to……………. [Insert the name of purchaser of RFP]
AND WHEREAS Clause Qualifying Requirement of the RFP stipulates that the Bidders qualifying on the
strength of a Bidding Consortium shall submit a legally enforceable Consortium Agreement in a format
specified in the RFP, whereby the Consortium Members undertake to be liable for their respective equity
investment commitment for the formation of a Project Company and undertake to submit the Contract
Performance Guarantee as required as per the provisions of the RFP, as specified herein.
In consideration of the above premises and agreement all the parties in this Consortium do hereby mutually
agree as follows:
In consideration of the selection of the Consortium as the Successful Bidder by MAHAGENCO, we the
Members of the Consortium and Parties to the Consortium Agreement do hereby unequivocally agree that
M/s........................................................... (Insert name of the Lead Member), shall act as the Lead Member as
defined in the RFP for self and agent for and on behalf of ………. (the names of all the other Members of the
Consortium to be filled in here).
The Lead Member is hereby authorized by the Members of Consortium and Parties to the Consortium
Agreement to bind the Consortium and receive instructions for and on behalf of all Members.
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 their respective equity obligations. Each Consortium
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.
(Insert as applicable) The Consortium shall be responsible to incorporate a Project Company as a legal entity
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as per the provisions of the RFP, within fifteen (15) days of issue of LOA provided such a Project Company
has not been incorporated by the Bidder prior to the submission of the Bid.
OR
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The Consortium has incorporated a Project Company by the name ………..(Insert name of the Project
Company) to undertake the responsibilities and obligations for supply of power as per the provisions of the
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RFP Documents.
The percentage of equity holding of each Member of the Consortium in the Project Company shall be/is as
follows:
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Party 1 ….
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…. ….
Party n ….
Total 100%
[Note: The percentage equity holding for any Consortium Member cannot be zero in the above table. Lead
Member’s percentage equity holding cannot be less than 51% from the Effective Date up to a period of two (2)
years after Scheduled COD or Revised Scheduled COD, as the case may be and the Technical Member’s
percentage equity holding cannot be less than 26% from the Effective Date up to a period of three (3) years
after Scheduled COD or Revised Scheduled COD, as the case may be.]
In case of any breach of any of the equity investment commitment as specified in clause (Insolvency &
Breach of Contract) of section III above by any of the Consortium Members for the formation of the Project
Company, the Lead Member shall be liable to meet the equity obligation.
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
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these presents.
It is further specifically agreed that the financial liability for equity contribution of 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 their
scope of work or financial commitments.
This Consortium Agreement shall be construed and interpreted in accordance with the Laws of India and
courts at Mumbai (Maharashtra) alone shall have the exclusive jurisdiction in all matters relating thereto and
arising there under.
It is hereby agreed that the Lead Member shall furnish the Bid Security, as stipulated in the RFP, on behalf of
the Consortium.
It is hereby agreed that in case of selection of Bidding Consortium as the Successful Bidder, the Parties to this
Consortium Agreement do hereby agree that they shall furnish the Contract Performance Guarantee on behalf
of the SPD in favour of MAHAGENCO, as stipulated in the RFP and Contract. The Lead Member shall be
responsible for ensuring the submission of the CPG on behalf of all the Consortium Members.
It is further expressly agreed that the Consortium Agreement shall be irrevocable and, for the Successful
Bidder, shall remain valid over the term of the Contract, unless expressly agreed to the contrary by
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MAHAGENCO.
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The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of the
representations and information submitted by the Consortium Members respectively from time to time in
response to the RFP for the purposes of the Bid.
It is expressly understood and agreed between the Members that the responsibilities and obligations of each of
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the Members shall be as delineated as annexed hereto as Annexure-I forming integral part of this Agreement. It
is further agreed by the Members that the above sharing of responsibilities and obligations shall not in any way
be a limitation of joint and several responsibilities and liabilities of the Members, with regards to all matters
relating to the supply of power envisaged in the RFP Documents.
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It is clearly agreed that the Lead Member shall ensure performance under the agreements and if one or more
Consortium Members fail to perform its /their respective obligations under the agreement(s), the same shall be
deemed to be a default by all the Consortium Members.
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It is hereby expressly agreed between the Parties to this Consortium Agreement that neither Party shall assign
or delegate its rights, duties or obligations under this Agreement except with prior written consent of
MAHAGENCO.
has been duly executed and delivered on behalf of each Party hereto and constitutes the legal, valid, binding
and enforceable obligation of each such Party,
sets forth the entire understanding of the Parties hereto with respect to the subject matter hereof;
may not be amended or modified except in writing signed by each of the Parties and with prior written consent
of MAHAGENCO:
IN WITNESS WHEREOF, the Parties to the Consortium Agreement have, through their authorized
representatives, executed these presents and affixed common seals of their respective companies on the Day,
Month and Year first mentioned above.
……………………………….. ………………………………………
(Signature) (Signature of authorized
representative)
Name: …………………........... Name: ………………………..
Designation:………………….. Designation: ……………………..
Place: …………………….
Date: …………………………
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Witness :
1. …………………………………….
(Signature)
Name ……………………………….
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Designation...........…………………..
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2. …………………………………….
(Signature)
Name ……………………………….
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Designation...........…………………..
………………………………. …………………………………….
(Signature) (Signature of authorized
representative)
Name: Name:
Designation: Designation:
Place:
Date:
WITNESS 1
1. …………………………………….
(Signature)
Name ……………………………….
Designation...........…………………..
2. …………………………………….
(Signature)
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Name ……………………………….
Designation...........…………………..
Attested: op
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…………………………….
(Signature)
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(Notary Public)
Place: ………………………….
Date: …………………………….
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Note: Each Consortium Member has to provide Power of Attorney for authorization to authorized signatory
and certified true copy of the Board Resolution for issue of Power of Attorney clearly specifying the name of
attorney as well as the executant, affixation of common seal and names of persons attesting the common seal.
Annexure – 4
Format for Letter of Consent from Consortium Members
(Non-Financial Bid) (On the letter head of each Member of the Consortium including Lead Member)
Date: _____________________
From: _____________________
_____________________
____________________
Tel.#:
Fax#:
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E-mail address #:
To,
The Chief Engineer (SPGD- P),
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Maharashtra State Power Generation Company Ltd.,
“Prakashgad”, 3rd Floor, Bandra (East)
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Sub: Offer in response to Notice Inviting Tender No.___________ dated __________ for selection of solar
power developer for development of 750MWAC cumulative capacity grid interactive solar PV power plant
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to cater the AG feeder load of various substations in Maharashtra with additional capacity of 250MWAC
under Green-shoe option
We, the undersigned Member of ……… (Insert name of the Bidding Consortium) have read, examined and
understood the RFP and Contract for the selection of Bidder(s) as prospective SPD for development of
750MWAC cumulative capacity grid interactive solar PV power plant to cater the AG feeder load of various
substations in Maharashtra with additional capacity of 250MWAC under Green-shoe option.
We hereby confirm our concurrence with the RFP including in particular the Consortium Agreement and the
Bid submitted by ……. (Insert name of the Lead Member) in response to the RFP. We confirm that the Bid has
been reviewed and each element of the Bid is agreed to including but not limited to the investment
commitment in the Project Company.
Name : ……………………………
Designation : ……………………………..
Thanking you,
Yours faithfully,
………………………………..
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(Signature, Name, Designation of Authorized Signatory of Consortium Member and Company's Seal)
Business Address:
Each Consortium Member has to provide Power of Attorney for authorization to authorized signatory and
certified true copy of the Board Resolution for issue of Power of Attorney clearly specifying the name of
attorney as well as the executant, affixation of common seal and names of persons attesting the common seal.
The letter of consent provided by Consortium Member(s) will be additionally signed by authorized signatory
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Annexure – 5
Format for Bidder’s Composition and Ownership Structure
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3
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Type of Technology to be used in the bidding: ………………………………
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Capacity Offered: ………………………….
(Please provide the following information for Bidder. If the Bidder is a Consortium, please provide this
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Corporate Details:
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Company's Local Address in India (if incorporated outside India):
__________________________________
__________________________________
__________________________________
Please provide the following documents:
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Copy of the Memorandum and Articles of Association and certificate of incorporation or other equivalent
organizational document (as applicable in the case of a foreign company), including their amendments,
certified by the company secretary of the Bidding Company / each Member of the Consortium (as Attachment)
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Authority letter in favour of Maharashtra State Power Generation Company Limited from the Bidding
Company/each Member of the Consortium (as specified in Format ) authorizing Authorized Representative to
seek reference from their respective bankers, lenders, financing institutions and any other person as given
below in the Format for Authorization of the RFP.
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(Insert this point in case of Bidder being a Bidding Company) Whether the Bidder wishes to form a Project
Company for execution of the contract …………… (Yes/No)
(Insert this point in case of Bidder being a Bidding Company) Whether the Bidder has already formed a
Project Company:……………………(Yes/No)
1.
2.
3.
Notes:
Status of equity holding shall be provided not earlier than 30 (thirty) days prior to Bid Deadline.
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The above table is to be filled in separately for each Consortium Member if applicable.
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Documents submitted in support of establishing the relationship with the Parent Company / Affiliate with the
Bidding Company or with the Member of the Bidding Consortium (including Lead Member) in terms of the
provisions of Qualifying Requirements of this RFP:
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1. ………………………
2. ……………………….
3. ………………………..
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4. …………………………
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Note:
Each Consortium Member has to provide Power of Attorney as per format given for authorization to
authorized signatory and certified true copy of the Board Resolution for issue of Power of Attorney clearly
specifying the name of attorney as well as the executant, affixation of common seal and names of persons
attesting the common seal.
The letter of consent provided by Consortium Member(s) will be additionally signed by authorized signatory
of the Lead Member.
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Annexure – 6
FORMAT FOR AUTHORISATION
The undersigned hereby authorize(s) and request(s) all our Bankers, a list of which is attached herewith as
Annexure 2 hereto, including its subsidiaries and branches, any person, firm, corporation or authority to
furnish pertinent information deemed necessary and requested by Maharashtra State Power Generation
Company Limited to verify the authenticity of the documents / information submitted by us for meeting the
Qualification Requirements in respect of our Bid for selection of solar power developer for development of
750MWAC cumulative capacity grid interactive solar PV power plant to cater the AG feeder load of various
substations in Maharashtra with additional capacity of 250MWAC under Green-shoe option
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For and on behalf of M/s……………. (Insert Name of Bidding Company or Member of the Consortium)
………………………………………..
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Signature and Name of the authorized representative of the Company
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Company rubber stamp/seal
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…………………………………
(Signature of Notary Public)
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Note:
Each Consortium Member has to provide Power of Attorney for authorization to authorized signatory and
certified true copy of the Board Resolution for issue of Power of Attorney clearly specifying the name of
attorney as well as the executant, affixation of common seal and names of persons attesting the common seal.
The letter of consent provided by Consortium Member(s) will be additionally signed by authorized signatory
of the Lead Member.
Annexure – 7
FORMAT FOR QUALIFICATION REQUIREMENT
(Non-Financial Bid)
(This format shall be on the Letter Head of the Bidding Company/ Lead Member of the Bidding Consortium)
To,
The Chief Engineer(SPGD-P),
Maharashtra State Power Generation Company Ltd.,
“Prakashgad”, 3rd Floor, Bandra (East)
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Mumbai - 400 051
Dear Sir,
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Sub: Bid for selection of solar power developer for development of 750MWAC cumulative capacity grid
interactive solar PV power plant to cater the AG feeder load of various substations in Maharashtra with
additional capacity of 250MWAC under Green-shoe option
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We hereby submit following details/documents in support of meeting the Qualification Requirements of this
RFP. The details are summarized in the format attached:
We the undersigned Bidder, having read and examined in details the Technical Specification for selection of
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solar power developer for development of 750MW AC cumulative capacity grid interactive solar PV power
plant to cater the AG feeder load of various substations in Maharashtra with additional capacity of 250MWAC
under Green-shoe option. Technical Specification for Array Yard, Power Control Unit, Switchyard for Control
Room and Main Control Room, Comprehensive Operation and Maintenance, Quality Assurance, Quality
Control Inspection and Testing and General Condition and are hereby submitting our offer to execute the
contract as per specification as set forth in your RFP Documents. In this connection, we enclose a technical
report (As per Annexure attached to this format) for your kind perusal.
Yours faithfully
(Signature and stamp (on each page) of Managing Director /Chief Executive Officer /Manager [refer Notes
1and 2 below] of Bidding Company/ Member of Consortium)
Name:
Date:
Place:
Please also affix common seal of Bidding Company/ Member in a Bidding Consortium
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Common Seal of ................has been affixed in my/our presence pursuant to the Board of Director’s
resolution dated ......................
………………………………………….
(Signature)
Name:
Designation:
WITNESS:
1. ……………………………………………….
(Signature)
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Name ………………………………….
Designation...........…………………..
Date:
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2. ……………………………………………….
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(Signature)
Name ………………………………….
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Designation...........…………………..
Date:
Notes:
Managing Director/ Chief Executive Officer, being a full time director on the Board of the Bidding Company/
Member in case of a Consortium.
In case of Manager, the Company shall confirm through a copy of Board Resolution attested by Company
Secretary that the concerned person is appointed as Manager as appointed under Section 269 of the Companies
Act, for the purpose in question. The Company Secretary shall also certify that the Company does not have a
Managing Director or Chief Executive Officer. In case of the Bidding Company/Member being a foreign
company, the same shall be signed by a person of equivalent position.
Annexure – 8
FORMAT OF UNDERTAKING
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Dear Sir,
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Sub: Bidders’ Undertakings for selection of solar power developer for development of 750MWAC
cumulative capacity grid interactive solar PV power plant to cater the AG feeder load of various
substations in Maharashtra with additional capacity of 250MWAC under Green-shoe option.
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“We have carefully read and examined in detail the RFP, including in particular, regarding
submission of an undertaking, as per the prescribed Format.
We give our unconditional acceptance to the RFP and Contract issued by MAHAGENCO as a part of
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the RFP, and as amended. We shall ensure that the SPD shall execute such RFP Documents as per the
provisions of the RFP.
We have submitted our Financial Bid(s) strictly online only, without any deviations, conditions and
without mentioning any assumptions or notes for the Financial Bid in the said format.
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We have submitted the Bid on the terms and conditions contained in the RFP.
Our Bid (including Financial Bid) is valid up to the period required under this RFP.
Our Bid (including Financial Bid) has been duly signed by authorized signatory and closed in the
manner and to the extent indicated in the RFP and the Power of Attorney/ Board Resolution in
requisite format as per RFP has been enclosed in original with this undertaking.
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by “us” (in case of Bidding Company)/ “each Member of Consortium” (in case of Bidding
Consortium) to be incorporated to undertake the obligations under the Contract for selection of solar
power developer for development of 750MWAC cumulative capacity grid interactive solar PV power
plant to cater the AG feeder load of various substations in Maharashtra with additional capacity of
250MWAC under Green-shoe option.
(Insert in case of incorporation of Project Company by Bidding Consortium, repeat this para for each
member of consortium) In view of the above, we hereby undertake to you and confirm that in the
event of failure of ………………….( Insert name of Member of the Consortium) to invest in full or in
part, in the equity share capital of the Project Company as specified in the Bid, we shall invest the said
amount not invested by ……………………. (Insert name of Member of the Consortium).]”).
(Insert in case of incorporation of Project Company by Bidding Consortium) In view of the above, we
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hereby undertake to you and confirm that we will invest in the equity share capital of the Project
Company as specified in the Bid and Consortium Agreement.
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We have assumed that if we are selected as the Successful Bidder, the provisions of the Consortium
Agreement submitted along with the Bid, to the extent and only in relation to equity lock in and our
liability thereof shall get modified to give effect to the provisions of the RFP and Contract.
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(Applicable only in case of a Bidding Consortium)
The Scheduled COD is not later than the date specified in the RFP, subject to the provisions of the
Contract.
Financial Bid(s) is/are in the prescribed Format, and is submitted duly signed by the authorized
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signatory
Financial Bid(s) is/are unconditional
We confirm that we comply with all the technical specifications and terms and conditions included in
the RFP and RFP Documents.
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 Solar Power Company’s
event of default under Contract, and consequent provisions of Contract shall apply.
We have also noted the amount of the Contract Performance Guarantee required to be submitted as
per the RFP by the us for selection of solar power developer for development of 750MW AC
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cumulative capacity grid interactive solar PV power plant to cater the AG feeder load of various
substations in Maharashtra with additional capacity of 250MWAC under Green-shoe option in the
event of it being selected as the Successful Bidder”.
We have attached hereto certified true copy of the Board Resolution whereby the Board of Directors
of our Company has approved issue of this Undertaking by the Company.
All the terms used herein but not defined, shall have the meaning as ascribed to the said terms under
the RFP.
In view of the above, we hereby undertake to you and confirm that we will submit the Contract
Performance Guarantee in full at any stage, as specified in the RFP.
(Note: Insert the following para in case of the Bidding Company/ Lead Member of Consortium is
same as Financially Evaluated Entity/Technically Evaluated Entity)
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We confirm that we are using our own technical and/or financial (Select technical for technically
evaluated entity/ financial for financially evaluated entity/ or both) capability for meeting the
Qualification Requirements as specified in Clause 11.0 of the RFP…………………………………..
Signature and name of authorized signatory in whose name Power of Attorney/ Board Resolution as
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per Q.R. is issued.
Original Power of Attorney/ Board Resolution as per RFP is enclosed.
Rubber stamp of the Bidder to be affixed.
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Annexure – 9
Name:
Full Address:
Telephone No.:
E-mail address:
Fax / No.:
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To,
The Chief Engineer (SPGD-P),
Maharashtra State Power Generation Company Ltd.,
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“Prakashgad”, 3rd Floor, Bandra (East)
Mumbai - 400 051
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Dear Sir,
We refer to the Request for Proposal dated XXXXXX issued by you for selection of solar power
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developer for development of 750MWAC cumulative capacity grid interactive solar PV power plant to
cater the AG feeder load of various substations in Maharashtra with additional capacity of 250MW AC
under Green-shoe option.
“We have carefully read and examined in detail the RFP, including in particular, Q.R. of the RFP,
regarding submission of an undertaking, as per the prescribed Format.
We have attached hereto certified true copy of the Board Resolution whereby the Board of Directors
of our Company has approved issue of this Undertaking by the Company.
All the terms used herein but not defined, shall have the meaning as ascribed to the said terms under
the RFP.
(Note: Insert the following para in case of the Bidding Company/ Lead Member of Consortium is not
same as Financially Evaluated Entity/Technically Evaluated Entity)
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We have also noted the amount of the Contract Performance Guarantee required to be submitted as
per Clause of the RFP by the ……………………………….. (Insert the name of the Bidding
Company) for selection of solar power developer for development of 750MWAC cumulative capacity
grid interactive solar PV power plant to cater the AG feeder load of various substations in
Maharashtra with additional capacity of 250MWAC under Green-shoe option”.
In view of the above, we hereby undertake to you and confirm that in the event of failure of
……………………. (Insert name of the Bidding Company) to submit the Contract Performance
Guarantee in full or in part at any stage, as specified in the RFP, we shall submit the Contract
Performance Guarantee for the amount not submitted by ……………………. (Insert name of the
Bidding Company]”.))
We confirm that M/s. ………. (Insert name of Bidding Company) has been authorized by us to use
our technical/financial (Select technical for technically evaluated entity/ financial for financially
evaluated entity) capability for meeting the Qualification Requirements as specified in the RFP
referred to above.
[Note: Insert the following para in case of a Bidding Consortium OR a Bidding Company opting to
invest through a Project Company]
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We have also noted the amount of the equity investment required to be made in the Project Company
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by the ………………………………... (Insert the name of the Bidding Company/Consortium
Member) to be incorporated to undertake the obligations under the Contract for selection of solar
power developer for development of 750MWAC cumulative capacity grid interactive solar PV power
plant to cater the AG feeder load of various substations in Maharashtra with additional capacity of
250MWAC under Green-shoe option.
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In view of the above, we hereby undertake to you and confirm that in the event of failure of
……………………. (Insert name of the Bidding Company/Member of the Consortium) to invest in
full or in part, in the equity share capital of the Project Company as specified in the Bid, we shall
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invest the said amount not invested by ……………………. (Insert name of the Bidding
Company/Member of the Consortium).]”).
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……………………………………..
Signature and name of authorized signatory in whose name Power of Attorney/ Board Resolution is
issued
WITNESS
1. ……………………………………………….
(Signature)
Name ………………………………….
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Designation...........…………………..
2. ……………………………………………….
(Signature)
Name ………………………………….
Designation...........…………………..
Note:
Each entity (Parent/Affiliate/Consortium Member) has to provide Power of Attorney for authorization
to authorized signatory and certified true copy of the Board Resolution for issue of Power of Attorney
clearly specifying the name of attorney as well as the executant, affixation of common seal and names
of persons attesting the common seal.
The letter of consent provided by Consortium Member(s) will be additionally signed by authorized
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signatory of the Lead Member.
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Annexure – 10
FORMAT FOR BOARD RESOLUTION
(Non-Financial Bid)
(Format for the Board resolution to be passed by each Financially Evaluated Entity and Technically
Evaluated Entity/ its Parent Company /Ultimate Parent Company)
The Board, after discussion, at the duly convened Meeting on ………… (Insert date), with the
consent of all the Directors present and in compliance of the provisions of the Companies Act, 1956,
passed the following Resolution:
RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 and compliance thereof
and as permitted under the Memorandum and Articles of Association of the company, approval of the
Board be and is hereby accorded for issuing an Undertaking to MAHAGENCO, in the format
specified in the RFP, draft of which is attached hereto and initialled by the Chairman whereby the
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company undertakes to provide the ________ percent (___ %) [Insert 100% in case of Bidding
Company and percent of equity investment in the Project Company in case of Member of
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Consortium] of the Contract Performance Guarantee, as per the terms and conditions of the RFP,
representing the total amount of Contract Performance Guarantee required to be provided by the
________ (Insert the name of the Bidding Company / Consortium Member), in case of failure of the
________ (Insert the name of the Bidding Company / Consortium Member) to provide such Contract
Performance Guarantee.
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[Note: Insert the following para in case of a Bidding Company opting to invest through a Project
Company or a Consortium]
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FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 and
compliance thereof and as permitted under the Memorandum and Articles of Association of the
company, approval of the Board be and is hereby accorded for issuing an undertaking to
MAHAGENCO whereby the company undertakes to invest equity in the Project Company to the
extent of _____ percent (__ %), as per the terms and conditions of the RFP, representing the amount
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of equity required to be provided by _______ (Insert the name of the Bidding Company / Consortium
Member), in case of failure of ________ (Insert the name of the Bidding Company / Consortium
Member) to invest such equity.
FURTHER RESOLVED THAT Mr. /Ms. ___________, be and is hereby authorized to take all the
steps required to be taken by the Company for submission of Bid, including in particular, signing the
Bid, making changes thereto and submitting amended Bid, all the documents related to the Bid,
certified copy of this Board resolution or letter or undertakings etc., required to be submitted to
MAHAGENCO as part of the Bid or such other documents as may be necessary in this regard.
[Note: In the event the Bidder is a Bidding Consortium, the following Board resolution no. 4 also
needs to be passed by the Lead Member and Technical Member of the Bidding Consortium]
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to contribute such
additional amount over and above the percentage limit (specified for the Lead Member in the
Consortium Agreement) to the extent becoming necessary towards the total equity share in the Project
Company, obligatory on the part of the Consortium pursuant to the terms and conditions contained in
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the Consortium Agreement dated ________ executed by the Consortium as per the provisions of the
RFP.
[Note: The following resolution no. 5 is to be provided by the Bidding Company /Lead Member and
Technical Member of the Consortium only]
FURTHER RESOLVED THAT Mr. /Ms. ___________, be and is hereby authorized to take all the
steps required to be taken by the Company for submission of Bid, including in particular, signing the
Bid, making changes thereto and submitting amended Bid, all the documents related to the Bid,
certified copy of this Board resolution or letter or undertakings etc., required to be submitted to
MAHAGENCO as part of the Bid or such other documents as may be necessary in this regard.
Signature and stamp of Company Secretary / Managing Director of Financially Evaluated Entity/
Technically Evaluated Entity/ its Parent Company /Ultimate Parent Company
Notes:
This certified true copy shall be submitted on the letterhead of the Company, signed by the Company
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Secretary / Managing Director of the Financially Evaluated Entity/ its Parent Company /Ultimate
Parent Company.
resolution.
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The contents of the format may be suitably re-worded indicating the identity of the entity passing the
In case of the Board resolution being provided by a company incorporated in India, the Board
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resolution needs to be notarized by a notified notary. In the event the Board resolution is from a
company incorporated outside India, the same needs to be duly notarized in its jurisdiction.
The paragraphs related to issue of Power of Attorney clearly mentioning the name of Attorney and
Executant shall also be inserted as applicable by the Bidder. Also, the paragraphs related to affixation
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of Common Seal of the company along with the attestation of the same by the desired persons as per
the Memorandum and Articles of Association of the company for the purpose of this bid clearly
mentioning the name of these desired persons shall also be inserted as applicable by the Bidder.
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This format may be modified only to the limited extent required to comply with the local regulations
and laws applicable to a foreign entity submitting this resolution. For example, reference to
Companies Act 1956 may be suitably modified to refer to the law applicable to the entity submitting
the resolution. However, in such case, the foreign entity shall submit an unqualified opinion issued by
the legal counsel of such foreign entity, stating that the Board resolutions are in compliance with the
applicable laws of the respective jurisdictions of the issuing company and the authorizations granted
therein are true and valid.
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Annexure – 11
In consideration of the (Insert name of the Bidder) submitting the Bid inter alia for selection of solar
power developer for development of 750MWAC cumulative capacity grid interactive solar PV power
plant to cater the AG feeder load of various substations in Maharashtra with additional capacity of
250MWAC under Green-shoe option in response to the RFP dated XXXXXX issued by Maharashtra
State Power Generation Company Limited(hereinafter referred to as MAHAGENCO) and such
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MAHAGENCO agreeing to consider the Bid of [Insert the name of the Bidder] as per the terms
of the RFP, the (Insert name and address of the bank issuing the Bid Security, and
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address of the head office) (here in after referred to as “Guarantor Bank”) hereby agrees
unequivocally, irrevocably and unconditionally to pay to MAHAGENCO at Mumbai
(Maharashtra)forthwith on demand in writing from MAHAGENCO or any representative authorized
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by it in this behalf an amount not exceeding Rupees (Rs ) only [Insert amount not less than Rs three
crores],
This guarantee shall be valid and binding on the Guarantor Bank up to and including XXXXX (Date
of validity of Bid Security in accordance with Clause of this RFP) and shall not be terminable by
notice or any change in the constitution of the Guarantor Bank or by any other reasons whatsoever
and our liability hereunder shall not be impaired or discharged by any extension of time or variations
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or alternations made, given, or agreed with or without our knowledge or consent, by or between
concerned parties.
Our Guarantee shall remain in force until XXXXX or its authorized representative shall be entitled to
invoke this Guarantee until XXXXX.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the
written demand from MAHAGENCO or its authorized representative, made in any format, raised at
the above mentioned address of the Guarantor Bank, in order to make the said payment to
MAHAGENCO or its authorized representative.
The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions
and notwithstanding any objection, disputes, or disparities raised by the Bidder or any other person.
The Guarantor Bank shall not require MAHAGENCO or its authorized representative to justify the
invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against
MAHAGENCO or its authorized representative in respect of any payment made hereunder.
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This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at
Mumbai (Maharashtra) shall have exclusive jurisdiction. This BANK GUARANTEE is payable in
currency of India and payable at Mumbai.
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, liquidation, winding up, dissolution 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,
MAHAGENCO or its authorized representative shall not be obliged before enforcing this BANK
GUARANTEE to take any action in any court or arbitral proceedings against the Bidder, to make any
claim against or any demand on the Bidder or to give any notice to the Bidder to enforce any security
held by MAHAGENCO or its authorized representative or to exercise, levy or enforce any distress,
diligence or other process against the Bidder.
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The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to MAHAGENCO
and may be assigned, in whole or in part, (whether absolutely or by way of security) by
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MAHAGENCO to any entity to whom it is entitled to assign its rights and obligations under the RFP
The Guarantor Bank hereby agrees and acknowledges that MAHAGENCO shall have a right to
invoke this Bank Guarantee either in part or in full, as it may deem fit.
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Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs
(Rs only) and it shall remain in force until XXXXX, with an additional claim period of thirty (30)
days thereafter. We are liable to pay the guaranteed amount or any part thereof under this BANK
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GUARANTEE only if MAHAGENCO or its authorized representative serves upon us a written claim
or demand.
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this
. day of at
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Witness:
Signature
Signature
Name and address. Name:
1 ....................................................... Designation with Bank Stamp
Signature
Name and address
Note: The Stamp Paper shall be in the name of the Executing Bank.
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Annexure – 12
(Non-Financial Bid) FORMAT FOR DISCLOSURE
(ON THE LETTER HEAD OF BIDDING COMPANY / EACH MEMBER IN A
BIDDING CONSORTIUM)
Disclosure
To:
The Chief Engineer (SPGD-P.),
Maharashtra State Power Generation Company Ltd.,
“Prakashgad”, 3rd Floor, Bandra (East)
Mumbai - 400 051
Sub: Bidders’ Disclosure for selection of solar power developer for development of 750MWAC
cumulative capacity grid interactive solar PV power plant to cater the AG feeder load of various
substations in Maharashtra with additional capacity of 250MWAC under Green-shoe option in
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response to the RFP dated XXXXXXX
Further we confirm that we don’t have any Conflict of Interest with any other Bidder participating in
this bid process.
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……………………….
Notes:
In case there is no such company please fill in the column “Name of the Company” as Nil and under
column of Relationship as “Not Applicable”.
Each entity has to provide Power of Attorney for authorization to authorized signatory and certified
true copy of the Board Resolution for issue of Power of Attorney clearly specifying the name of
attorney as well as the executant, affixation of common seal and names of persons attesting the
common seal.
The letter of consent provided by Consortium Member(s) will be additionally signed by authorized
signatory of the Lead Member.
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Annexure – 13
FORMAT FOR CERTIFICATION OF RELATIONSHIP
(Non-Financial Bid) (Relationship of Parent Company or Affiliate with the Bidding Company or with
the Member of the Bidding Consortium, including the Lead Member.)
To,
The Dy. Chief Engineer (SPGD-P ),
Maharashtra State Power Generation Company Ltd.,
“Prakashgad”, 3rd Floor, Bandra (East)
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Mumbai - 400 051
Dear Sir,
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Sub: Bid for selection of solar power developer for development of 750MWAC cumulative capacity
grid interactive solar PV power plant to cater the AG feeder load of various substations in
Maharashtra with additional capacity of 250MWAC under Green-shoe option in response to the RFP
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We hereby certify that M/s…………….., M/s……………. ,M/s ………… are the Affiliate(s) / Parent
Company of the Bidding Company/Member of the Bidding Consortium as per the definition of
Affiliate/Parent Company as provided in this RFP and based on details of equity holding as on seven
(7) days prior to the Bid Deadline.
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The details of equity holding of the Bidding Company/Member of the Consortium in the
Affiliate/Parent Company or vice versa as on seven (7) days prior to the Bid Deadline are given as
below:
Name of Bidding Name of the Affiliate Name of the Parent Name of the company having
Company / Member of the Bidding Company of the common control on the
of Bidding Company / Member Bidding Company / Affiliate and the Bidding
Consortium of the Bidding Member of Bidding Company / Member of
Consortium* Consortium Bidding Consortium
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* Bidding Company / Member of Bidding Consortium to hold at least twenty six percent (26%) in
such Affiliate as on seven (7) days prior to Bid Deadline
…………….
(Insert Name and Signature of Statutory Auditor of the Bidder or practicing Company Secretary)
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Annexure – 14
FORMAT OF CHECKLIST FOR SUBMISSION OF BID
(Non-Financial Bid)
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Consortium Agreement as per Format (if Bid is submitted by a Bidding Consortium)
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Letter of consent from Consortium Members as per Format (if Bid is submitted by a
Bidding Consortium)
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Bidder’s composition and ownership structure as per Format
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Undertaking from the Financially Evaluated Entity or its Parent Company/ Ultimate
Parent Company as per Format
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Submission of Technical documents and certificates as given in the table below
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Initialling of all pages of Bid by authorized signatory.
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Copy of this RFP and RFP Documents duly initiated by authorized signatory.
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Signature of authorized signatory in whose name Power of Attorney as per RFP is issued:
Name and designation of authorized signatory: ………………..
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Place: ………………..
Date: …………………
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Annexure – 15
PROFORMA FOR CONTRACT PERFORMANCE SECURITY
To,
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(East), MUMBAI -400 051
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Whereas M/s. .........................................(Hereinafter called the SPDs) have entered into a contract
with the Maharashtra State Power Generation Co. Ltd. (hereinafter called the MAHAGENCO),
vide Letter of Award No. .................................................Dated ............ of the MAH AGENCO, for the supply
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and installation of equipment for the order value of Rs. ............................... or equivalent foreign
currency.
1 And whereas under the terms of the said Letter of Award, the SPD is to furnish MAHAGENCO
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with a Bank Guarantee for an amount of ............. of the value of contract due performance of the
Contract and fulfilment of the terms thereof, we ............................................. (Name of the Bank)
............................ (Hereinafter referred to as the B ank) do hereb y undertake to pay to the
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MAHAGENCO an amount not exceeding Rs ............................... against any loss or damage caused to
or suffered or would be caused to or suffered by the MAHAGENCO by reason of any breach by
the said SPD (s) of any of the terms or conditions contained in the said contract.
2 W e ........ (Name of the Bank) ................ do hereby undertake to pay the amounts due and payable
under this Guarantee without any demur, merely on a demand from the MAHAGENCO
stating that the amount claimed is due by way of loss or damage caused to or would be
caused to or suffered b y the MAH AGENCO by reason of any breach by the same SP D(s)
of any of the terms or conditions contained in the said contract or by reason of th e
SPD's failure to perform the said contract. Any such demand made on the Bank shall be
conclusive as regards the amount due and payable by the Bank under this guarantee.
However, our liability under this g u a r a n t e e s h a l l b e r e s t r i ct e d t o a n a m o u n t n o t
e x c e e d i n g R s o n l y.
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3 We ............................................................................................................................ ( N a m e o f t h e
Bank)
.................................................................................................................................. furth er agree that
the Guarantee herein contained shall remain in full force and effect during the period that would be
taken for the performance of the said We have submitted our Price Bid strictly on line only,
without any deviations, conditions and without mentioning any assumptions or notes for the Price
Bid in the said format.
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have effect of so relieving us.
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i) Our liabilities under this guarantee shall not exceed Rs ..................
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ii) This Bank Guarantee valid up to ................... Further, claim period upto six month
We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only
and only if you (MAHAGENCO) serve upon us a written claim or demand on or before...........
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In witness whereof We ___________________________ Bank Limited have executed this on this the
________________ day of __________________
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Signature:
For
Witness
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Annexure -16
UNDERTAKING OF FINANCIAL REQUIREMENT
To,
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“Prakashgad”, 3rd Floor, Bandra (East)
Mumbai - 400 051
Dear Sir, op
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Sub: Bidders’ Undertaking for financial requirement for selection of solar power developer for
development of 750MW AC cumulative capacity grid interactive solar PV power plant to cater
the AG feeder load of various substations in Maharashtra with additional capacity of 250MWAC
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“We have carefully read and examined in detail the RFP, including in particular, regarding
submission of an undertaking, as per the prescribed Format.
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We give our unconditional acceptance to the RFP and Contract issued by MAHAGENCO as a part of
the RFP, and as amended. We shall ensure that the SPD shall execute such RFP Documents as per the
provisions of the RFP.
We confirm that we are using our own technical and/or financial (Select technical for technically
evaluated entity/ financial for financially evaluated entity/ or both) capability for meeting the
Qualification Requirements as specified in Clause 11.0 of the RFP.
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We undertake that Documentary evidence for the above shall be provided to Mahagenco along with
Certified copies of annual audited accounts of the last financial year as may be applicable OR in case
the Bidder is a newly formed Company, then the certificate issued by a Chartered Accountant with
certified copies of Balance sheet, Profit & Loss account, Schedules and cash flow statement
supported with bank statement are required shall be submitted at respective stages.
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the required equity amount at the time of financial closure & prior to declaration of COD for the
project OR at any stage it is found that the documents furnished by us are false / misleading or
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misrepresented in any way, then the LoA issued shall be terminated and the entire EMD and
Performance Security shall be forfeited.
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……………………………………..
Signature and name of authorized signatory in whose name Power of Attorney/ Board Resolution as
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Annexure -17
LIST OF BANKERS
…
…
For and on behalf of M/s……………. (Insert Name of Bidding Company or Member of the
Consortium)
………………………………………..
Signature and Name of the authorized representative of the Company
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…………………………………
(Signature of Notary Public)
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(Name and Address of the Attorney)
Place:…………
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Date:………….
(This Annexure is integral part of format for authorization)
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Note:
Each Consortium Member has to provide Power of Attorney for authorization to authorized signatory
and certified true copy of the Board Resolution for issue of Power of Attorney clearly specifying the
name of attorney as well as the executant, affixation of common seal and names of persons attesting
the common seal.
The letter of consent provided by Consortium Member(s) will be additionally signed by authorized
signatory of the Lead Member.
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List of Banks
1. SCHEDULED COMMERCIAL BANKS 2.OTHER PUBLIC SECTOR BANKS
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1. Allahaba dBank 8. Standard Chartered Bank
2. Andhra Bank
3. Bank of India
4. Bank of Maharashtra
5. Canara Bank
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10. Barclays Bank
11. Royal Bank of Scotland
12. Bank of Nova Scotia
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13. Development Bank of Singapore
6. Central Bank ofIndia
(DBS,BankLtd.)
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Annexure -18
To,
The Chief Engineer (SPGD-P),
Maharashtra State Power Generation Company Ltd.,
“Prakashgad”, 3rd Floor, Bandra (East)
Mumbai - 400 051
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Dear Sir,
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With reference to your RFP dated [_________], we, having read and examined in detail the Bid
Documents and understood their contents, hereby submit our Financial Proposal. The Financial
Proposal is unconditional and unqualified and valid for 120 (one hundred and twenty) days from the
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Proposal Due Date.
Tariff
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Annexure -19
REVERSE AUCTION / BIDDING PROCEDURE
1. For the Reverse Auction / Bidding, technically and commercially acceptable bidders only
shall be eligible to participate.
2. Bidders shall ensure online submission of their ‘Bid Price’ within the reverse auction period.
3. MAHAGENCO will provide all necessary training and assistance before commencement of
reverse auction. MAHAGENCO in case so required, shall arrange to demonstrate/ train the bidder
or bidder’s nominated person(s), without any cost to bidders. MAHAGENCO shall also explain the
bidders, all the rules related to the Reverse Auction/ Business Rules Document to be adopted along
with Reverse Auction manual.
4. Business rules for Reverse Auction / Bidding like event date, time, bid decrement, Extension etc.
shall be as per the business rules, enumerated in the biding Documents, for compliance. The date
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will be communicated later.
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5. Bidders have to accept ‘Terms & Condition’ and the ‘Business rules of Reverse Auction’ before
start of Reverse auction / bidding. Without this, the bidder will not be Eligible to submit bid in the
Reverse auction / bidding
6. Bidder may take help of the excel sheet and keep it ready for keying in their Bid Price during the
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Reverse auction / bidding.
7. Reverse auction / bidding will be conducted on scheduled date & time, which shall be intimated
to the eligible bidders in advance.
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8. After conclusion of the Reverse auction / bidding event, the lowest bidder has to e-mail from its
registered e-mail id, the itemized breakup of the final prices quoted during the online Reverse
auction / bidding duly signed by the authorized person, in the prescribed Price Schedule format
including that of line items, if required, within two (2) hours of Auction end time without fail.
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9. Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’, which will be
enclosed separately in the bidding documents.
10. If the Bidder or any of his representatives are found to be involved in Price manipulation/ cartel
formation of any kind, directly o or indirectly by communicating with other bidders, action shall
be initiated by MAHAGENCO.
11. The Bidder shall not divulge either his Bids or any other exclusive details of MAHAGENCO to
any other party.
12. Period of validity of Prices received through Reverse Auction shall be same as that of the period
of validity of bids offered.
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to the, MAHAGENCO contact personnel indicated in the bidding documents.
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13. Order finalization and post order activities such as BG submission towards SD & Coal Cost
Deposit, signing of contract, transportation etc would be transacted directly between successful
bidder and MAHAGENCO.
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14. Order shall be placed outside the e-portal & further processing of the contract shall also be outside
the system.
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15. In case of any problem faced by the bidder during Reverse Auction and for all Bidding process
related queries, bidders are advised to contact the persons indicated for “Contact Us” link provided
on the log-on page of, MAHAGENCO e-tender portal.
16. Bidders are advised to go through the User Manual which will be provided to those qualified for
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Reverse Auction. Visit the auction page and login successfully well in advance to identify /rectify
the problems to avoid last minute hitches.
17. MAHAGENCO will not be responsible for any PC configuration/Java related issues,
software/hardware related issues, telephone line glitches and breakdown / slow speed in internet
connection of PC at Bidder’s end.
18. Bidders may note that it may not be possible to extend any help, during Reverse Auction, over
phone or in person in relation to rectification of PC / Internet / Java related issues and Bidder may
lose the chance of participation in the auction.
For access to the Auction site, the following URL is to be used: https://sets.mahagenco.in
Login ID and Password: Use your personal Login ID and Password to participate in the online
event.
To participate in the Auctioning event, you shall need a security key which shall be sent to
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you over mail to the email address mentioned during vendor registration. You may also find
this key in the inbox folder inside the login.
You will need to enter this event key for joining the auction event.
On the left hand side pane of the login window, expand the ‘Event’ folder.
Under that, click on ‘Auction Opening’.
You will now see the auction event on the right hand side.
Select the auction event and click on ‘Join’ button.
You will then be asked to enter the security key. Maximize the window using the maximize
button.
Then enter the security key and click on ‘Submit’ button
You shall then join the auctioning event.
The start price for the selected item will be displayed. This means you have to submit a price
which is less than that appearing against the item.
To enter a quote, click on the bid button.
Then enter the price in the box. Then click on OK button next to the bid to submit the quote.
Once you submit the quote, the quoted price shall be displayed next to the item.
After you click on ‘OK’, your quote will be submitted and cannot be deleted.
For submitting first quote for an item, you shall be allowed to enter a price which is lower
than the start price given in the ‘Details’ tab.
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Thereafter, the quoted value shall be displayed in the ‘Quoted price’ column.
You can view quotes submitted by other bidders for each item. You may choose to outbid
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them by submitting a price lower than the price quoted by other bidders.
At any instant, we can see the time remaining for each item in the auction. The timer
continuously indicates the time remaining for each item within which you can submit your
quote for those items
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You can submit your quotes till there is time remaining for that item. Once the time is up, the
status changes to ‘CLOSED’. Thereafter, you cannot submit your quotes.
You can then click on ‘Close’ button and close the window.
No queries shall be entertained while Reverse Auction is in progress
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1. Schedule for Reverse Auction: The Reverse Auction (RA) Schedule will be intimated to the
bidders who are technically and commercially qualified and are eligible for Reverse Auction
/Bidding after opening of Price Bid as per terms and conditions of the tender.
2. Auction extension time : If a valid bid is placed within 5 minutes of End Time of the RA, then
Reverse Auction duration shall get automatically extended for another 5 minutes from the
existing end time. It may be noted that the auto-extension will take place only if a valid bid
comes in those last 5 minutes. If a bid does not get accepted as the lowest bid, the auto
extension will not take place even if that bid might have come in the last 5 minutes. The
above process will continue till no bid is received in last 5 minutes which shall mark the
completion of Reverse Auction. However, bidders are advised not to wait till the last moment
to enter their bid to avoid complications related to internet connectivity, their network
problems, system crash down, power failure etc.
3. Bid price: The Bidder has to quote the price excluding all taxes and duties in Indian Rupees.
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4. Post auction procedure: Mahagenco will proceed with the Lowest Bid received or estimated
rate in the Reverse Auction / Bidding for further processing and award considerations.
(i) All bidders are to submit their Price Bid including Price Schedule along with submission of
Techno- Commercial bid as per schedule mentioned in Price Bid.
(ii)Online Reverse Auction: The ‘Opening Price’ i.e. start price for RA will be as decided by
Mahagenco in Rupees.
(iii) Bid Decrement shall be step of Rs.0.01/kWh value will be rounded / truncated up to 2
decimal digits of L1 bid price.
(iv) Bidders, by offering a price equal to or lower than the “Next Valid Bid, can become “L1”
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Bidder and this continues as an iterative process.
further processing.
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(v) After completion of the online Reverse Auction, the Closing Price (CP) shall be available for
(vi) If no bid is received in the auction system/ website within the specified time duration of the
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online RA, then Mahagenco will scrap the online Reverse Auction process and proceed with
the Bid Price received through e-tendering for further processing.
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(vii) Only those bidders who have submitted the “Price Bid alongwith Price Schedule’ within the
scheduled time and who are considered technically and commercially responsive, shall be
eligible to participate in RA process.
(viii) Online Reverse Auction shall be conducted by Mahagenco on pre-specified date and time,
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while the bidders shall be quoting from their own offices/ place of their choice.
(ix) Internet connectivity shall have to be ensured by bidders themselves. During the RA, if a
bidder is not able to bid and requests for extension of time by e-mail/fax, then time extension
of additional 15 minutes may be given by Mahagenco provided such requests come at least 5
minutes before auction end time and no bid is received by Mahagenco till that time.
However, in order to ward-off such contingent situation, bidders are requested to make all
the necessary arrangements /alternatives whatever required so that they are able to
circumvent such situation and still be able to participate in the Reverse Auction successfully.
Failure of power or loss of connectivity at the premises of bidders during the Reverse
Auction cannot be the cause for not participating in the Reverse Auction. Mahagenco shall
not be responsible for such eventualities.
(x) Proxy bids:Proxy bidding feature is a pro-bidder feature to safeguard the bidder’s interest of
any internet failure or to avoid last minute rush. The proxy bidding feature allows bidders to
place an automated bid in the system directly in an auction and bid without having to enter a
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new amount each time a competing bidder submits a new offer. The bid amount that a bidder
enters is the minimum bid price in INR that the bidder is willing to offer. Here the software
bids on behalf of the bidder who has quoted the lowest “Minimum Bid Price”, the price
which is one decrement less than the next bidder’s bid price. This obviates the need for the
bidder participating in the bidding process until the minimum bid amount is decrement ally
reached by other bidders. When any bidder quotes a price lower than the existing lowest bid
amount, the bidder (who had earlier submitted the lowest bid) has an option to once again
start participating in the bidding process by quoting a price equal or lower than the next valid
bid price. However, it may please be noted that if the current bid matches the minimum bid
of the lowest bidder submitted earlier, the bid submitted by the lowest bidder will be
recognized as the L1 at that instant. During the course of bidding, the bidder cannot delete or
increase such amount but can always reduce the same depending upon the amount quoted by
other bidders. Proxy bids are fed into the system directly by the respective bidders. As such
this information is privy only to the respective bidder (s).
(xi) Bidders are advised to get fully trained and clear all their doubts such as refreshing of Screen,
quantity being auctioned, tender value being auctioned, auction rules etc. Separate Date for
demonstration will be conveyed separately.
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(xii) The price break-up for loading and transportation charges in terms of percentage uploaded at
the time of submission of online Price bid on SeTs will be considered final and same will be
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considered applicable to the rates quoted at the time of Reverse Bidding / Auction. Bidder
shall not be allowed or permitted to increase the item rate of any item earlier quoted in the
Price Schedule submitted along with Price Bid.
(xiii) Bidders shall be assigned a Unique User Name & Password by MSPGCL. Bidders are
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advised to change the Password after the receipt of initial. Password from MSPGCL to
ensure confidentiality. All bids made from the Login ID given to the bidders will be deemed
to have been made by the bidder’s / bidders’ company.
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(xiv) Bidders shall be able to view the following on their screen along with the necessary fields
during Online Reverse Auction:
a. Start Price
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b. Decrement value
c. Masked bidder (Bidders name & code will not be displayed)
d. Current bid of the bidder (Unit Rate)
e. Minimum Bid placed by the bidder (Unit Rate)
f. Best Bid in the Auction (Current L1 Price)
(xv) Upon receipt of the system report after completion of the Online Reverse Auction, L1 will be
considered for further processing. MSPGCL’s decision on award of contract shall be final
and binding on all the Bidders.
(xvi) MSPGCL reserves the right to cancel/reschedule/extend the Reverse Auction process /
tender at any time, before ordering, without assigning any reason.
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(xvii) MSPGCL shall not have any liability to bidders for any interruption or delay in access to
the site irrespective of the cause. In such cases, the decision of MSPGCL shall be binding
on the bidders.
(xviii) Other terms and conditions shall be as per bidder’s techno-commercial offers and as per
MSPGCL’s bidding documents and other correspondences, if any, till date.
(xix) Bidders are required to submit their acceptance to the stipulated terms and conditions before
participating in the Reverse Auction.
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Page 99 of 122
Annexure – 20
Tentative List of Substations
Maharashtra State Power Generation Company Ltd.
Date: 23.03.2017
Load In Hp
SR. Subdivisio AG
Zone Circle Division Substation Feeder
No. n Load in Load in
KW MW
AKOLA AKOLA AKOLA RURAL AKOLA (R) 33 KV WANI 11 KV
1 ZONE CIRCLE DIVISION SUB-DN RAMBHAPUR KANSHIVANI,AG 4338.736 4.34
AKOLA AKOLA AKOLA RURAL AKOLA (R)
2 ZONE CIRCLE DIVISION SUB-DN 33 kV VIZORA 11 kv katkeda ag 3436.076 3.44
AKOLA AKOLA AKOLA RURAL BALAPUR 33 KV BALAPUR
3 ZONE CIRCLE DIVISION SUB-DN S/S 11 KV PARAS 1935.124 1.94
BARSHI
AKOLA AKOLA AKOLA RURAL TAKLI SUB- 33 KV BARSHI 11 KV KANHERI
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4 ZONE CIRCLE DIVISION DN TAKLI S/S AG 2341.694 2.34
BARSHI
AKOLA AKOLA AKOLA RURAL TAKLI SUB-
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5 ZONE CIRCLE DIVISION DN 33 KV DHABA 11 KV DHABA AG 1791.892 1.79
11 KV
AKOLA AKOLA AKOLA RURAL MURTIZAPU 33/11 KV Sonori KURANKHED AG
6 ZONE CIRCLE DIVISION R SUB-DN S/S FEEDER 1865 1.87
AKOLA AKOLA AKOLA RURAL MURTIZAPU 11 KV KURUM AG
7 ZONE CIRCLE DIVISION R SUB-DN 33KV S/S MANA FEEDER 1855.302 1.86
AKOLA AKOLA AKOT AKOT SUB 11 KV
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8 ZONE CIRCLE DIVISION DN 132 KV AKOT S/S POPATKHED 1946.314 1.95
AKOLA AKOLA AKOT AKOT SUB 33KV
9 ZONE CIRCLE DIVISION DN LAKHAMAPUR 11 KV MOHADA 1943.33 1.94
AKOLA BULDHAN BULDHANA BULDANA 33/11 KV 11KV DONGAR
10 ZONE A CIRCLE DIVISION SUB-DN D'SHEWALI SHEOLI AG 2020.168 2.02
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33 ZONE A CIRCLE N DIV R) S/DN RAJA FEEDER 3644.21 3.64
KHAMGAON 33 KV 11 KV
AKOLA BULDHAN CONSTRUCTIO KHAMGAON( PIMPALGAON TANDULWADI
34
35
ZONE
AKOLA
ZONE
AKOLA
A CIRCLE
BULDHAN
A CIRCLE
BULDHAN
N DIV
KHAMGAON
CONSTRUCTIO
N DIV
KHAMGAON
CONSTRUCTIO
R) S/DN
KHAMGAON(
R) S/DN
KHAMGAON(
op RAJA
33 KV
PIMPALGAON
RAJA
33 kv Sajanpuri
FEEDER
WASADI AG
FEEDER
11 kv Shirasgaon
2475.228
2866.878
2.48
2.87
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36 ZONE A CIRCLE N DIV R) S/DN s/s Deshmukh Ag 1868.73 1.87
KHAMGAON
AKOLA BULDHAN CONSTRUCTIO KHAMGAON( 33/11 KV 11 KV JALAMB
37 ZONE A CIRCLE N DIV R) S/DN MATARGAON FEEDER 2572.208 2.57
KHAMGAON
AKOLA BULDHAN CONSTRUCTIO KHAMGAON( 33/11 KV 11 KV
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KHAMGAON
AKOLA BULDHAN CONSTRUCTIO 11 KV
55 ZONE A CIRCLE N DIV MEHEKAR 33/11KV ATALI LAKHANWADA 2258.142 2.26
56
57
AKOLA
ZONE
AKOLA
ZONE
BULDHAN
A CIRCLE
BULDHAN
A CIRCLE
KHAMGAON
CONSTRUCTIO
N DIV
KHAMGAON
CONSTRUCTIO
N DIV
MEHEKAR
MEHEKAR
op 33KV HIVARA
ASHRAM
33KV HIVARA
ASHRAM
11 KV LAWALA
AG
11KV Deulgaon
Mali AG
2643.078
2760.946
2.64
2.76
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KHAMGAON
AKOLA BULDHAN CONSTRUCTIO SANGRAMPU 33/11 KV
58 ZONE A CIRCLE N DIV R S/DN. PATURDA S/STN 11 KV KODRI AG 2223.826 2.22
KHAMGAON 33/11 KV
AKOLA BULDHAN CONSTRUCTIO SANGRAMPU WARWAT BAKAL 11kv
59 ZONE A CIRCLE N DIV R S/DN. S/STN kAKANWADA AG 2256.65 2.26
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KHAMGAON 33/11 KV
AKOLA BULDHAN CONSTRUCTIO SANGRAMPU WARWAT BAKAL
60 ZONE A CIRCLE N DIV R S/DN. S/STN 11kv wankhed ag 2033.596 2.03
KHAMGAON 33/11 KV
AKOLA BULDHAN CONSTRUCTIO SHEGAON SHEGAON R & M 11 KV ALASNA
61 ZONE A CIRCLE N DIV S/DN. S/Stn AG 2125.354 2.13
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KHAMGAON 33/11 KV
AKOLA BULDHAN CONSTRUCTIO SHEGAON SHEGAON 11KV Nagzari AG
62 ZONE A CIRCLE N DIV S/DN. ANAND-SAGAR S FEEDER 3094.408 3.09
JALGAON
AKOLA BULDHAN MALKAPUR JALMOD 33 KV ASLGAON 11 KV DHANORA
63 ZONE A CIRCLE DIVISION SDIV S/S AG 1746.386 1.75
JALGAON
AKOLA BULDHAN MALKAPUR JALMOD 33 KV JALGAON 11 KV UMAPUR
64 ZONE A CIRCLE DIVISION SDIV JAMOD S/S AG FEEDER 2132.068 2.13
AKOLA BULDHAN MALKAPUR MALKAPUR 132 KV 11 KV
65 ZONE A CIRCLE DIVISION S/DN. MALKAPUR S/S DEODHABA AG 2754.232 2.75
AKOLA BULDHAN MALKAPUR MALKAPUR 132 KV
66 ZONE A CIRCLE DIVISION S/DN. MALKAPUR S/S 11KV ZODGA AG 2039.564 2.04
AKOLA BULDHAN MALKAPUR MALKAPUR 33 KV 11 KV NERVAL
67 ZONE A CIRCLE DIVISION S/DN. DASARKHED S/S AG 2023.898 2.02
AKOLA BULDHAN MALKAPUR MALKAPUR 33 KV 11 KV RAMTHAM
68 ZONE A CIRCLE DIVISION S/DN. DASARKHED S/S AG 2009.724 2.01
33 KV SUB 11 KV
AKOLA BULDHAN MALKAPUR MOTALA S. STATION NALGANAGA AG
69 ZONE A CIRCLE DIVISION DN. MOTALA FEEDER 2127.592 2.13
33 KV
AKOLA BULDHAN MALKAPUR MOTALA S. SUBSTATION 11 KV S.BAZAR
70 ZONE A CIRCLE DIVISION DN. SAWARGAON AG FEEDER 1988.836 1.99
AKOLA BULDHAN MALKAPUR NANDURA 33 kv Chandur 11 kv Chandur
71 ZONE A CIRCLE DIVISION S/DN. s/s Ag 1736.688 1.74
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AKOLA WASHIM WASHIM MALEGAON
80 ZONE CIRCLE DIVISION S DN. SHIRPUR dudhala ag 2437.928 2.44
33 KV
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AKOLA WASHIM WASHIM MANGRULPE MAGALURPIR
81 ZONE CIRCLE DIVISION ER SUB STATION manora 3365.206 3.37
33/11 KV
AKOLA WASHIM WASHIM MANGRULPE SHIVANI ROAD Poghat -ag
82 ZONE CIRCLE DIVISION ER SUB STAT feeder 1827.7 1.83
AKOLA WASHIM WASHIM RISOD 11 KV
83 ZONE CIRCLE DIVISION S/DN. 33 KV KENWAD JAIYKHEDA AG 1968.694 1.97
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AKOLA WASHIM WASHIM RISOD 33 KV 11 kv
84 ZONE CIRCLE DIVISION S/DN. MANGULZANAK mangulzanak 2221.588 2.22
AKOLA WASHIM WASHIM RISOD 11 KV AASEGAON
85 ZONE CIRCLE DIVISION S/DN. 33 KV RITHAD AGP FEEDER 2593.842 2.59
11 KV
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TI ZONE TI CIRCLE N DN (R) SUB-DN SUB - STATION AG 3146.628 3.15
AMARAVATI
AMARAVA AMARAVA CONSTRUCTIO AMRAVATI 11 KV YAWALI
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15 TI ZONE TI CIRCLE N DN (R) SUB-DN 33KV S/S MAHULI AG FEEDER 4799.018 4.80
AMARAVATI 33 KV
AMARAVA AMARAVA CONSTRUCTIO BADNERA ANJANGAON
16 TI ZONE TI CIRCLE N DN SUB-DN. BARI S/S 11 KV Nirsana AG 2446.134 2.45
AMARAVATI
AMARAVA AMARAVA CONSTRUCTIO BADNERA 33 KV LONI 11 KV FULAMALA
17 TI ZONE TI CIRCLE N DN SUB-DN. S/STN AG 2423.008 2.42
C
AMARAVATI CHANDUR
AMARAVA AMARAVA CONSTRUCTIO RLY SUB- 11 KV KAWATHA
18 TI ZONE TI CIRCLE N DN DN. 33 KV MALKHED AG FEEDER 2396.152 2.40
AMARAVATI CHANDUR 11 KV
AMARAVA AMARAVA CONSTRUCTIO RLY SUB- 33KV GHUIKHED RAJURA(AG)
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AMARAVATI
AMARAVA AMARAVA CONSTRUCTIO TIWASA 33 KV KURHA 11 KV
22 TI ZONE TI CIRCLE N DN SUB-DN. SUB-STATION KAUDNYAPUR AG 2743.042 2.74
AMARAVATI
AMARAVA AMARAVA CONSTRUCTIO TIWASA 33 KV MOZARI MALEGAON
23 TI ZONE TI CIRCLE N DN SUB-DN. SUB-STATION DHOTRA 1705.356 1.71
AMARAVA AMARAVA MURSHI CHANDUR 132KV CHANDUR 11KV GHATLADKI
24 TI ZONE TI CIRCLE DIVSION BAZAR BZR -132KV- 2608.016 2.61
AMARAVA AMARAVA MURSHI CHANDUR 132KV CHANDUR TALWEL AG
25 TI ZONE TI CIRCLE DIVSION BAZAR BZR SEPERATION 2495.37 2.50
AMARAVA AMARAVA MURSHI MORSHI I 11 KV NASITPUR
26 TI ZONE TI CIRCLE DIVSION S/DN 132KV MORSHI AG 2345.424 2.35
AMARAVA AMARAVA MURSHI MORSHI I 11KV MORSHI
27 TI ZONE TI CIRCLE DIVSION S/DN 132KV MORSHI RURAL 3348.794 3.35
AMARAVA AMARAVA MURSHI MORSHI I
28 TI ZONE TI CIRCLE DIVSION S/DN 33KV ASTEGAON 11KV Ambada AG 2548.336 2.55
AMARAVA AMARAVA MURSHI MORSHI I 11KV Khanapur
29 TI ZONE TI CIRCLE DIVSION S/DN 33KV ASTEGAON AG 1897.824 1.90
AMARAVA AMARAVA MURSHI MORSHI I 11KV TARODA
30 TI ZONE TI CIRCLE DIVSION S/DN 33KV ASTEGAON (KHED) AG 1790.4 1.79
AMARAVA AMARAVA MURSHI MORSHI I 33KV 11KV DAPORI
31 TI ZONE TI CIRCLE DIVSION S/DN HIWARKHED AG 2372.28 2.37
AMARAVA AMARAVA MURSHI MORSHI I 33KV 11KV
32 TI ZONE TI CIRCLE DIVSION S/DN HIWARKHED HIWARKHED AG 2545.352 2.55
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SHENDURGA
AMARAVA AMARAVA MURSHI NAGHAT 11KV SATNOOR
40 TI ZONE TI CIRCLE DIVSION S/DN 33KV SHE'GHAT AG 2173.844 2.17
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AMARAVA AMARAVA MURSHI
41 TI ZONE TI CIRCLE DIVSION WARUD (I) 132KV WARUD 11 KV MILL AG 2920.59 2.92
AMARAVA AMARAVA MURSHI 33KV CHANDAS
42 TI ZONE TI CIRCLE DIVSION WARUD (I) WATHODA Dhaga Ag 2584.89 2.58
AMARAVA AMARAVA MURSHI 33KV CHANDAS
43 TI ZONE TI CIRCLE DIVSION WARUD (I) WATHODA Shekapur Ag 1717.292 1.72
AMARAVA AMARAVA MURSHI 33KV RAJURA
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44 TI ZONE TI CIRCLE DIVSION WARUD (I) BZR 11KV PAWANI AG 1991.82 1.99
AMARAVA AMARAVA MURSHI WARUD II
45 TI ZONE TI CIRCLE DIVSION S/DN 33 KV LONI 11 KV SAWANGA 2856.434 2.86
AMARAVA AMARAVA MURSHI WARUD II
46 TI ZONE TI CIRCLE DIVSION S/DN 33 KV LONI 11 KV SHINGORI 4027.654 4.03
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AURANGA AURANGA
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BAD BAD AURANGABAD PAITHAN
1 ZONE CIRCLE RURAL I DIVN. (R) S/D 33 KV S/S BIDKIN NILAJGAON Ag 2104.466 2.10
AURANGA AURANGA 11 KV
3
BAD
ZONE
AURANGA
BAD
ZONE
AURANGA
BAD
CIRCLE
AURANGA
BAD
CIRCLE
AURANGA
AURANGABAD
RURAL I DIVN.
AURANGABAD
RURAL I DIVN.
PAITHAN
(R) S/D
PAITHAN
(R) S/D
op LOHAGAON
33KV
PAITHAN 132 KV
DHAKEPHAL
FEEDER
BALANAGAR
1715.8
2310.362
1.72
2.31
C
BAD BAD AURANGABAD PAITHAN
4 ZONE CIRCLE RURAL I DIVN. (R) S/D PAITHAN 132 KV KAUTGAON 2954.16 2.95
AURANGA AURANGA
BAD BAD AURANGABAD PAITHAN
5 ZONE CIRCLE RURAL I DIVN. (R) S/D PAITHAN 132 KV RAHATGAON 1853.064 1.85
AURANGA AURANGA
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7 I ZONE I CIRCLE DIVISION INDAPUR BHATNIMGAON GFSS 2092.53 2.09
BARAMAT BARAMAT BARAMATI Switching Station
8 I ZONE I CIRCLE DIVISION INDAPUR Indapur Kalthan Ag 2168.622 2.17
10
BARAMAT
I ZONE
BARAMAT
I ZONE
BARAMAT
I CIRCLE
BARAMAT
I CIRCLE
BARAMATI
DIVISION
BARAMATI
DIVISION
WALCHAND
NAGAR SUB-
DN
WALCHAND
NAGAR SUB-
DN
op 33/22 KV
BHIGWAN S/STN.
33/22 KV
BHIGWAN S/STN.
22 KV
KUMBHARGAON
AG
22KV BHIGWAN
AG
1747.132
3616.608
1.75
3.62
C
WALCHAND
BARAMAT BARAMAT BARAMATI NAGAR SUB- 33/22 KV 22KV KHANOTA
11 I ZONE I CIRCLE DIVISION DN BHIGWAN S/STN. BHIGWAN 2985.492 2.99
BARAMAT BARAMAT DOUND
12 I ZONE I CIRCLE DIVISION DOUND 132KV DAUND 22 KV KEDGAON 5275.712 5.28
BARAMAT BARAMAT DOUND 22 KV
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BARAMAT BARAMAT DOUND 33KV/22KV
36 I ZONE I CIRCLE DIVISION SHIRUR MALTHAN 22 kv Amdabad 2199.954 2.20
BARAMAT BARAMAT DOUND 33KV/22KV
op
37 I ZONE I CIRCLE DIVISION SHIRUR MALTHAN Kavathe 2087.308 2.09
BARAMAT BARAMAT SASWAD 22 KV HIRDOSHI
38 I ZONE I CIRCLE DIVISION BHOR 132 KV BHATGAR AG 1737.434 1.74
BARAMAT BARAMAT SASWAD
39 I ZONE I CIRCLE DIVISION BHOR 132 KV BHATGAR 22 KV VELHA AG 7092.222 7.09
BARAMAT BARAMAT SASWAD 33/22 KV NIRA 22KV NIRA (U)
40 I ZONE I CIRCLE DIVISION NIRA SUBSTATION AG 1886.634 1.89
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33KV/22KV
BARAMAT BARAMAT SASWAD JEJURI 22 KV
41 I ZONE I CIRCLE DIVISION NIRA SUBSTATION KOLVIHIRE AG 3393.554 3.39
33KV/22KV
BARAMAT BARAMAT SASWAD JEJURI
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67 I ZONE CIRCLE DIVISION S/DN. Shahapur Riswad Ag 3489.788 3.49
BARAMAT SATARA KARAD UMBRAJ
68 I ZONE CIRCLE DIVISION S/DN. Shahapur Shahapur Ag 1732.212 1.73
69
70
71
BARAMAT
I ZONE
BARAMAT
I ZONE
BARAMAT
I ZONE
SATARA
CIRCLE
SATARA
CIRCLE
SATARA
CIRCLE
KARAD
DIVISION
KARAD
DIVISION
KARAD
DIVISION
UMBRAJ
S/DN.
UMBRAJ
S/DN.
UMBRAJ
S/DN.
op TARALE
TARALE
UMBRAJ
BAMBAWADE AG
TARALE -AG-
VARADE
2031.358
2017.93
1938.108
2.03
2.02
1.94
C
BARAMAT SATARA PHALTAN KHANDALA 33/22 KV
72 I ZONE CIRCLE DIVISION S/DN. MHAVASHI 22 KV AHIRE AG 2592.35 2.59
BARAMAT SATARA PHALTAN KHANDALA
73 I ZONE CIRCLE DIVISION S/DN. SHIRWAL 22KV BHADE AG 3761.332 3.76
BARAMAT SATARA PHALTAN KHANDALA
74 I ZONE CIRCLE DIVISION S/DN. SHIRWAL KHANDALA 5997.84 6.00
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22 KV MIDC
BARAMAT SATARA PHALTAN SWITCHING 22 KV ANDHURI
75 I ZONE CIRCLE DIVISION LONAND STATION AG 5669.6 5.67
BARAMAT SATARA PHALTAN 220/132 KV 22 KV TAMBAVE
76 I ZONE CIRCLE DIVISION LONAND LONAND AG 4972.09 4.97
BARAMAT SATARA PHALTAN 220/132 KV 22KV 10211.24
77 I ZONE CIRCLE DIVISION LONAND LONAND TARADGAON AG 8 10.21
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BARAMAT SATARA PHALTAN PHALTAN 33/22 KV 22 KV
99 I ZONE CIRCLE DIVISION (U) SOMANTHALI SOMANTHALI AG 2306.632 2.31
BARAMAT SATARA SATARA 110 KV SATARA-
100
101
I ZONE
BARAMAT
I ZONE
BARAMAT
CIRCLE
SATARA
CIRCLE
SATARA
DIVISION
SATARA
DIVISION
SATARA
KOREGAON
KOREGAON
op ROAD
33/11KV
WADACHIWADI
S/STN
33/11KV
WADACHIWADI
KOREGAON
11 KV
CHIMANGAON
AG
11KV
2773.628
2082.832
2.77
2.08
C
102 I ZONE CIRCLE DIVISION KOREGAON S/STN Shendurjane AG 2792.278 2.79
BARAMAT SATARA SATARA EKAMBE -
103 I ZONE CIRCLE DIVISION KOREGAON KORAGAON SANGVI- AG 2282.76 2.28
BARAMAT SATARA SATARA
104 I ZONE CIRCLE DIVISION KOREGAON KORAGAON KATHAPUR AG 3191.388 3.19
BARAMAT SATARA SATARA RAHIMATPU 11KV Dhamner
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129 I ZONE CIRCLE DIVISION DAHIWADI DAHIWADI (DAHIWADI) 5733.01 5.73
BARAMAT SATARA VADUJ 132/33/22 KV 22 KV DEVAPUR
130 I ZONE CIRCLE DIVISION DAHIWADI DAHIWADI AG 3841.154 3.84
131
132
133
BARAMAT
I ZONE
BARAMAT
I ZONE
BARAMAT
I ZONE
SATARA
CIRCLE
SATARA
CIRCLE
SATARA
CIRCLE
VADUJ
DIVISION
VADUJ
DIVISION
VADUJ
DIVISION
DAHIWADI
DAHIWADI
DAHIWADI
op 132/33/22 KV
DAHIWADI
33/11 KV
MHASWAD
33/11 KV
MHASWAD
22 KV
SHINGANAPUR
AG (DAHIWADI
11 KV DEVAPUR
AG
11 KV DHULDEV
AG
3932.912
2111.926
2477.466
3.93
2.11
2.48
C
BARAMAT SATARA VADUJ 33/11 KV 11 KV
134 I ZONE CIRCLE DIVISION DAHIWADI SHENAWADI SHENAWADI AG 2110.434 2.11
BARAMAT SATARA VADUJ 33/11 KV 11 KV VAR-
135 I ZONE CIRCLE DIVISION DAHIWADI SHENAWADI MALAWADI AG 1710.578 1.71
BARAMAT SATARA VADUJ
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136 I ZONE CIRCLE DIVISION DAHIWADI 33/11 KV VADJAL 11 KV DIWAD AG 1721.022 1.72
BARAMAT SATARA VADUJ 11 KV
137 I ZONE CIRCLE DIVISION DAHIWADI 33/11 KV VADJAL KUKUDWAD AG 1889.618 1.89
BARAMAT SATARA VADUJ 33/22 KV 22 KV PARKANDI
138 I ZONE CIRCLE DIVISION DAHIWADI ANDHALI AG 4385.734 4.39
BARAMAT SATARA VADUJ 33/22 KV 22 KV TONDALE
139 I ZONE CIRCLE DIVISION DAHIWADI ANDHALI AG 1818.748 1.82
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159 I ZONE CIRCLE WAI DIVISION MEDHA SONGAON AGRICULTURE 2954.16 2.95
BARAMAT SATARA 132/33/22 KV 22 KV BAVDHAN
160 I ZONE CIRCLE WAI DIVISION WAI WAI S/STN AG 6837.836 6.84
161
162
163
BARAMAT
I ZONE
BARAMAT
I ZONE
BARAMAT
I ZONE
SATARA
CIRCLE
SATARA
CIRCLE
SATARA
CIRCLE
WAI DIVISION
WAI DIVISION
WAI DIVISION
WAI
WAI
WAI
op 132/33/22 KV
WAI S/STN
33/22 KV JAMB
S/STN
33/22 KV JAMB
S/STN
22 KV KENJAL AG
22 KV KHADAKI
AG
BHUINJ AG
6752.046
3040.696
3695.684
6.75
3.04
3.70
C
BARAMAT SATARA 33/22 KV JAMB
164 I ZONE CIRCLE WAI DIVISION WAI S/STN JAMB AG 2241.73 2.24
BARAMAT SATARA 33/22 KV VELE
165 I ZONE CIRCLE WAI DIVISION WAI S/STN NEW KENJAL AG 2358.852 2.36
BARAMAT SATARA 33/22 KV VELE
166 I ZONE CIRCLE WAI DIVISION WAI S/STN SURUR AG 2454.34 2.45
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11 KV
BARAMAT SATARA 33/22/11 KV WAI MANDHARDEV
167 I ZONE CIRCLE WAI DIVISION WAI MIDC S/STN AG 1726.244 1.73
BARAMAT SATARA 33/22/11 KV WAI 22 KV PASARNI
168 I ZONE CIRCLE WAI DIVISION WAI MIDC S/STN AG 4908.68 4.91
BARAMAT SOLAPUR AKLUJ O AND AKLUJ I 220/132/33/11
169 I ZONE CIRCLE M DIVISION SUB-DN. KV MALINAGAR SANGAM 1712.816 1.71
W
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187 I ZONE CIRCLE DIVISION I S/DN. TEMBHURNI UJANI 3664.352 3.66
33/11 KV 11KV
BARAMAT SOLAPUR PANDHARPUR MANGALVED ANDHALGAON ANDHALGAON
188
189
190
I ZONE
BARAMAT
I ZONE
BARAMAT
I ZONE
BARAMAT
CIRCLE
SOLAPUR
CIRCLE
SOLAPUR
CIRCLE
SOLAPUR
DIVISION
PANDHARPUR
DIVISION
PANDHARPUR
DIVISION
PANDHARPUR
HA
MANGALVED
HA
MANGALVED
HA
MANGALVED
op SUBSTATION
33/11KV
Bramhapuri S/S
33/11KV
MARAPUR
33/11KV
FEEDER
11 Kv Machnur
new
11KV GHARNIKI
2455.832
2781.834
2061.198
2.46
2.78
2.06
C
191 I ZONE CIRCLE DIVISION HA MARAPUR 11KV MARAPUR 2862.402 2.86
BARAMAT SOLAPUR PANDHARPUR MANGALVED 33KV BATHAN 11KV UCHETHAN
192 I ZONE CIRCLE DIVISION HA S/S FEEDER 2681.124 2.68
BARAMAT SOLAPUR PANDHARPUR PANDHARPU 110/11 KV 11 KV
193 I ZONE CIRCLE DIVISION R R-I S/DN PANDHARPUR CHANDRABHAG 2176.828 2.18
BARAMAT SOLAPUR PANDHARPUR PANDHARPU 110/11 KV
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194 I ZONE CIRCLE DIVISION R R-I S/DN PANDHARPUR 11 KV TUNGAT 1706.102 1.71
BARAMAT SOLAPUR PANDHARPUR PANDHARPU 110/11 KV
195 I ZONE CIRCLE DIVISION R R-I S/DN PANDHARPUR 11KV GADEGAON 2340.202 2.34
BARAMAT SOLAPUR PANDHARPUR PANDHARPU 33/11 KV
196 I ZONE CIRCLE DIVISION R R-II S/DN KARKAMB 11 KV SANGAVI 2543.86 2.54
BARAMAT SOLAPUR PANDHARPUR PANDHARPU 33/11 KV
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197 I ZONE CIRCLE DIVISION R R-II S/DN KARKAMB 11 KV UMBARE 3806.838 3.81
BARAMAT SOLAPUR PANDHARPUR PANDHARPU 11 KV
198 I ZONE CIRCLE DIVISION R R-II S/DN 33/11 KV UMBRE KANHAPURI 1741.91 1.74
BARAMAT SOLAPUR PANDHARPUR 33/11 KV MAHUD 11 KV Itaki
199 I ZONE CIRCLE DIVISION SANGOLA S/STN. feeder 2170.114 2.17
SOLAPUR
BARAMAT SOLAPUR RURAL AKKALKOT 132KV/33/11KV 11 KV WATER
200 I ZONE CIRCLE DIVISION S/DN. AKKALKOT S/S WORKS AG 2045.532 2.05
SOLAPUR
BARAMAT SOLAPUR RURAL AKKALKOT 33/ 11 KV 11 KV
201 I ZONE CIRCLE DIVISION S/DN. HANNUR S/S BOREGAON AG 1823.97 1.82
SOLAPUR
BARAMAT SOLAPUR RURAL AKKALKOT 33/ 11 KV 11 KV CHUNGI
202 I ZONE CIRCLE DIVISION S/DN. HANNUR S/S AG 1835.16 1.84
SOLAPUR 33/11 KV
BARAMAT SOLAPUR RURAL AKKALKOT MAINDARGI 11 KV BOROTI
203 I ZONE CIRCLE DIVISION S/DN. S/STN AG 1797.114 1.80
SOLAPUR 33/11 KV
BARAMAT SOLAPUR RURAL AKKALKOT TADWAL 11 KV KHANAPUR
204 I ZONE CIRCLE DIVISION S/DN. SUBSTATION AG 1758.322 1.76
SOLAPUR 33/11 KV
BARAMAT SOLAPUR RURAL AKKALKOT TADWAL 11 KV MANGRUL
205 I ZONE CIRCLE DIVISION S/DN. SUBSTATION AG 2092.53 2.09
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212 I ZONE CIRCLE DIVISION S/DN. 33/11 KV KAMTI AG 3203.324 3.20
SOLAPUR
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BARAMAT SOLAPUR RURAL MOHOL 11 KV OLD
213 I ZONE CIRCLE DIVISION S/DN. 33/11 KV KURUL KURUL AG 1926.918 1.93
SOLAPUR
BARAMAT SOLAPUR RURAL MOHOL
214 I ZONE CIRCLE DIVISION S/DN. 33/11 KV MOHOL 11 KV ANAGAR. 2114.164 2.11
SOLAPUR
BARAMAT SOLAPUR RURAL MOHOL
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215 I ZONE CIRCLE DIVISION S/DN. 33/11 KV MOHOL 11 KV WADWAL 2106.704 2.11
SOLAPUR
BARAMAT SOLAPUR RURAL SOLAPUR R- 132/33/11 KV 11KV DEGAON-
216 I ZONE CIRCLE DIVISION I S/DN. DEGAON AG- 3527.088 3.53
SOLAPUR
BARAMAT SOLAPUR RURAL SOLAPUR R- 132/33/11 KV 11KV NEHRU
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217 I ZONE CIRCLE DIVISION I S/DN. DEGAON NAGAR Ag. 1957.504 1.96
SOLAPUR
BARAMAT SOLAPUR RURAL SOLAPUR R- 33/11 KV 11 KV DONGAON
218 I ZONE CIRCLE DIVISION I S/DN. DONGAON AG 2497.608 2.50
SOLAPUR
BARAMAT SOLAPUR RURAL SOLAPUR R- 33/11 KV 11 KV KAWATHE
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CHANDR CHANDRA 33 KV
APUR PUR BALLARSHAH RAJURA VIHIRGAON
1 ZONE CIRCLE DIVISION S/DN. SUBSTATION CHANAKA AG 2096.26 2.10
CHANDR GADCHIR BRAMHAPURI BRAMHAPUR 33 KV B' PURI 11 Kv
2 APUR OLI DIVISION I S/DN. (KHED) Pimpalgaon AG 1747.878 1.75
3.84
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7 ZONE A CIRCLE DIVSION S/DN 33 KV TUMSAR 11kv Sihora AGP 1805.32 1.81
GONDIA BHANDAR SAKOLI O&M LAKHANDUR 33 KV VIRLEE 11 KV GOURALA
8 ZONE A CIRCLE DIVISION S/DN. SUB STATION AG FEEDER 1826.954 1.83
9
GONDIA
ZONE
BHANDAR
A CIRCLE
SAKOLI O&M
DIVISION
LAKHANDUR
S/DN.
op 33 KV VIRLEE
SUB STATION
11 KV VIRLEE AG
FEEDER 1952.282 1.95
17.87
C
JALGAON DHULE DHULE RURAL 33/11 KV 11 KV DUSANE
1 ZONE CIRCLE DIVISION SAKRI S/DN JAITANE AG 1762.798 1.76
JALGAON DHULE DHULE URBAN 33/11 KV SUB 11KV CHANDGAD
2 ZONE CIRCLE DIVISION NARDANA NARDANA AG 2120.878 2.12
JALGAON DHULE DHULE URBAN 33/11 KV SUB 11 KV
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JALGAON JALGAON PACHORA PIMPALGAON 11 KV
26 ZONE CIRCLE DIVISION PACHORA-I HARESHWAR PIMPALGAON AG 2105.958 2.11
33/11 KV
27
28
JALGAON
ZONE
JALGAON
ZONE
JALGAON
JALGAON
CIRCLE
JALGAON
CIRCLE
JALGAON
PACHORA
DIVISION
PACHORA
DIVISION
PACHORA
PACHORA-I
PACHORA-II
op PIMPALGAON
HARESHWAR
132/11 KV
PACHORA
SUBSTATION
33 KV
11 KV VARSADE
AG
11 KV SAMNER
AG FEEDER
11 KV KARMAD
1897.824
2293.204
1.90
2.29
C
29 ZONE CIRCLE DIVISION PAROLA TAMASWADI AG FEEDER 1759.814 1.76
JALGAON JALGAON PACHORA 33 KV 11 KV MUNDANE
30 ZONE CIRCLE DIVISION PAROLA TAMASWADI Ag FDR 2017.93 2.02
JALGAON JALGAON SAVADA RAVER
31 ZONE CIRCLE DIVISION S/DIVISION. 33/11 KV NIMBOL 11 KV SANGAVA 2003.01 2.00
JALGAON JALGAON SAVADA SAVADA SUB
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KOLHAPU KOLHAPU JAYASINGPUR
15 R ZONE R CIRCLE DIVISION JAYSINGPUR 33/11 KV Kothali 11KV LIS 2243.968 2.24
KOLHAPU KOLHAPU JAYASINGPUR
op
16 R ZONE R CIRCLE DIVISION VADGAON 33/11KV SHIYE 11KV TOP II AG 2413.31 2.41
KOLHAPU KOLHAPU KOLHAPUR 33/11 KV S/ST 11 kV
17 R ZONE R CIRCLE RURAL II DIV. HUPARI PATTANKODOLI SANGWADE AG 2434.944 2.43
KOLHAPU KOLHAPU KOLHAPUR 33/11KV
18 R ZONE R CIRCLE RURAL II DIV. KAGAL SIDHNERLI 11KV Shendur Ag 3652.416 3.65
11 KV
KOLHAPU KOLHAPU KOLHAPUR 33/11 KV HAMIDWADA AG
C
19 R ZONE R CIRCLE RURAL II DIV. MURGUD SONAGE S/S FEEDER 3944.848 3.94
KOLHAPU KOLHAPU KOLHAPUR 33/11 Kv 11 KV LINGNOOR
20 R ZONE R CIRCLE RURAL II DIV. MURGUD KAPASHI AG 2697.536 2.70
KOLHAPU KOLHAPU KOLHAPUR RADHANAGA 33/11 KV 11 KV SOLANKUR
21 R ZONE R CIRCLE RURAL II DIV. RI SOLANKUR S/S AG 3636.75 3.64
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KOLHAPU SANGLI KAVATHEMAHA 33/11 KV BILLUR
46 R ZONE CIRCLE NKAL DIVISION JATH S/STN 11 KV Billur AG 1982.122 1.98
KOLHAPU SANGLI KAVATHEMAHA 33/11 KV 11 KV ANKALE
op
47 R ZONE CIRCLE NKAL DIVISION JATH DAFALAPUR DORLI AG 1875.444 1.88
KOLHAPU SANGLI KAVATHEMAHA 33/11 KV
48 R ZONE CIRCLE NKAL DIVISION JATH Dhawadwadi 11 KV Hivare AG 1820.24 1.82
11 KV
KOLHAPU SANGLI KAVATHEMAHA 33/11 KV Rawalgundwadi
49 R ZONE CIRCLE NKAL DIVISION JATH PACHAPUR AG 1944.076 1.94
KOLHAPU SANGLI KAVATHEMAHA 33/11 KV 11 KV SHEGAON
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50 R ZONE CIRCLE NKAL DIVISION JATH SHEGAON AG 3228.688 3.23
11 KV
KOLHAPU SANGLI KAVATHEMAHA 33/11 KV SHINGANHALI
51 R ZONE CIRCLE NKAL DIVISION JATH SHEGAON AG 1780.702 1.78
KOLHAPU SANGLI KAVATHEMAHA 33/11 KV
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KOLHAPU SANGLI KAVATHEMAHA SANKH 11 KV SONALGI
75 R ZONE CIRCLE NKAL DIVISION S/DN. 33/11 KV UMADI AG 1771.004 1.77
KOLHAPU SANGLI SANGLI RURAL MIRAJ 33/11 KV 11 KV MHAISHAL
76
77
78
R ZONE
KOLHAPU
R ZONE
KOLHAPU
R ZONE
KOLHAPU
CIRCLE
SANGLI
CIRCLE
SANGLI
CIRCLE
SANGLI
DIVISION
SANGLI RURAL
DIVISION
SANGLI RURAL
DIVISION
SANGLI RURAL
RURAL
MIRAJ
RURAL
MIRAJ
RURAL
SAVLAJ
op MHAISHAL
33/11 KV SONI
33/11 KV Savali
Kanadwadi
33/11 KV ANJANI
AG
11KV Bhose AG
Spare
11 KV Savali Ag
11 kv Vadgaon
2201.446
2684.854
1883.65
2.20
2.68
1.88
C
79 R ZONE CIRCLE DIVISION S/DN. (NAGEWADI) Ag 1830.684 1.83
KOLHAPU SANGLI SANGLI RURAL SAVLAJ 11 KV Khujgaon
80 R ZONE CIRCLE DIVISION S/DN. 33/11 KV Koulage AG 3031.744 3.03
KOLHAPU SANGLI SANGLI RURAL SAVLAJ 33/11 KV 11 KV Manerajuri
81 R ZONE CIRCLE DIVISION S/DN. MANERAJURI Ag 2483.434 2.48
KOLHAPU SANGLI SANGLI RURAL SAVLAJ 33/11 KV Savlaj 11 KV
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105 R ZONE CIRCLE VITA DIVISION S/DN. ATPADI 11 KV Atpadi AG 2049.262 2.05
33/11 KV SUB-
KOLHAPU SANGLI ATPADI STATION, 11 KV Madgule
op
106 R ZONE CIRCLE VITA DIVISION S/DN. ATPADI AG 5360.756 5.36
33/11 KV
KOLHAPU SANGLI ATPADI SUBSTATION, 11 KV Nelkaranji
107 R ZONE CIRCLE VITA DIVISION S/DN. KHARSUNDI AG 3209.292 3.21
33/11 KV
KOLHAPU SANGLI ATPADI SUBSTATION,
108 R ZONE CIRCLE VITA DIVISION S/DN. KHARSUNDI 11 KV Walvan AG 1850.826 1.85
C
33/11 KV
KOLHAPU SANGLI ATPADI SUBSTATION,
109 R ZONE CIRCLE VITA DIVISION S/DN. KHARSUNDI 11 KV Zare AG 2778.104 2.78
KOLHAPU SANGLI 33/11 KV Hiware 11 KV HIVARE
110 R ZONE CIRCLE VITA DIVISION KHANAPUR Substation AG 2850.466 2.85
eb
114 R ZONE CIRCLE VITA DIVISION WADI S/DN. S/S SAWANTPUR 2230.54 2.23
KOLHAPU SANGLI KIRLOSKAR 33/11 KV M 11KV MOHITE
115 R ZONE CIRCLE VITA DIVISION WADI S/DN. WADGAON VADGAON 2888.512 2.89
KOLHAPU SANGLI KIRLOSKAR 33/11 KV
116 R ZONE CIRCLE VITA DIVISION WADI S/DN. SANDAGEWADI 11 KV Andhali Ag 2825.848 2.83
KOLHAPU SANGLI KIRLOSKAR 33/11 KV 11KV
117 R ZONE CIRCLE VITA DIVISION WADI S/DN. SANDAGEWADI BAMBAWADE AG 1828.446 1.83
KOLHAPU SANGLI 33/11 KV 11 KV CHIKHALI
118 R ZONE CIRCLE VITA DIVISION VITA I S/DN. KADEPUR AG 1983.614 1.98
KOLHAPU SANGLI 33/11 KV
119 R ZONE CIRCLE VITA DIVISION VITA I S/DN. KADEPUR 11 KV Wangi 3219.736 3.22
KOLHAPU SANGLI 33/11 KV WANGI 11 KV YERALA
120 R ZONE CIRCLE VITA DIVISION VITA I S/DN. SUB-STATION AG 2401.374 2.40
KOLHAPU SANGLI BELAWADE
121 R ZONE CIRCLE VITA DIVISION VITA I S/DN. S/STN 11 KV Raigaon 2837.038 2.84
KOLHAPU SANGLI BELAWADE
122 R ZONE CIRCLE VITA DIVISION VITA I S/DN. S/STN 11 KV Tondoli 2828.832 2.83
KOLHAPU SANGLI VITA II 33/11 KV ALSAND 11 KV Umar
123 R ZONE CIRCLE VITA DIVISION S/DN. S/S Kanchan 2005.994 2.01
KOLHAPU SANGLI VITA II 33/11 KV KARVE 11 KV PARE
124 R ZONE CIRCLE VITA DIVISION S/DN. MIDC FEEDER 3617.354 3.62
KOLHAPU SANGLI VITA II 33/11 KV 11 kv Yetgaon
125 R ZONE CIRCLE VITA DIVISION S/DN. NAGEWADI S/S AG FEEDER 1972.424 1.97
LATUR 11 KV
ZONE, LATUR LATUR MURURD (R) KARKATTA-AG-
1 LATUR CIRCLE DIVISION S/DN 33/11 KV MURUD FEEDER 1906.776 1.91
1.91
NAGPUR
NAGPUR (R) NAGPUR I KUHI (R) 11 KV BHOJAPUR
1 ZONE CIRCLE DIVISION S/DN. 33 KV KUHI AG 1932.14 1.93
1.93
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1
2
NANDED
ZONE
NANDED
ZONE
NANDED
HINGOLI
CIRCLE
HINGOLI
CIRCLE
HINGOLI
HINGOLI
DIVSION
HINGOLI
DIVSION
HINGOLI
HINGOLI (R)
S/DN
HINGOLI (R)
S/DN
HINGOLI (R)
op 33 KV
YASHWANT
NAGAR HINGOLI
33KV NARSI(N)
11 KV LOHGAON
AG
11KV GHOTA AG
1840.382
1744.148
1.84
1.74
C
3 ZONE CIRCLE DIVSION S/DN 33KV NARSI(N) 11KV PAHENI AG 1809.05 1.81
NANDED HINGOLI HINGOLI KALAMNURI 33/11 KV GAUL 11 KV SHIVANI
4 ZONE CIRCLE DIVSION (R) S/DN BAZAR AG 2427.484 2.43
NANDED HINGOLI HINGOLI KALAMNURI 33/11 KV SUKLI 11 KV
5 ZONE CIRCLE DIVSION (R) S/DN VEER DANDEGAON AG 1721.022 1.72
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SENGAON 33 KV
NANDED HINGOLI HINGOLI SUB- PANKANHERGAO 11 KV JAYPUR
6 ZONE CIRCLE DIVSION DIVISION N AG 1829.938 1.83
11.37
W
AHMEDNAGAR
NASIK A' NAGAR RURAL 33/11KV 11 KV
1 ZONE CIRCLE DIVISION SHEVGAON BALAMTAKELI BODHEGAON 1780.702 1.78
NASIK A' NAGAR KARJAT (R) BELWANDI 33/11KV
2 ZONE CIRCLE DIVISION S/DN. BELWANDI 11KV LONI I 1792.638 1.79
NASIK A' NAGAR KARJAT (R) BELWANDI 33/11KV
3 ZONE CIRCLE DIVISION S/DN. CHIMBHALE 11KV BORI 1714.308 1.71
NASIK A' NAGAR KARJAT (R) BELWANDI 33/11KV 11 KV
4 ZONE CIRCLE DIVISION S/DN. TANDALI D BHANGAON 1760.56 1.76
NASIK A' NAGAR KARJAT (R) BELWANDI 33/11KV
5 ZONE CIRCLE DIVISION S/DN. VISAPUR 11 KV NIMBHAVI 1783.686 1.78
NASIK A' NAGAR KARJAT (R) 132KV
6 ZONE CIRCLE DIVISION SHRIGONDA SHRIGONDA 11KV SHEDGAON 1877.682 1.88
NASIK A' NAGAR KARJAT (R) 33/11 KV
7 ZONE CIRCLE DIVISION SHRIGONDA ANGARE 11 KV ANGARE 1883.65 1.88
NASIK A' NAGAR KARJAT (R) 33/11 KV
8 ZONE CIRCLE DIVISION SHRIGONDA ANGARE 11 KV KAUTHA 2167.13 2.17
NASIK A' NAGAR KARJAT (R)
9 ZONE CIRCLE DIVISION SHRIGONDA 33/11KV KASHTI 11KV KAUTHA 1771.75 1.77
NASIK A' NAGAR SANGEMNER 11 KV VITHA
10 ZONE CIRCLE DIVISION RAJUR 33/11 KV RAJUR FEEDER 1914.236 1.91
NASIK NASIK (U) CHANDWAD PIMPALGAO 33/11 KV
11 ZONE CIRCLE DIVISION N BOPEGAON 11 KV RAJAPUR 2697.536 2.70
Page 121 of 122
Total MW 1549.85
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2 16
This would ensure that the prices of lands near
substations are not increased by the owners due to
op
sudden increase in demand.
Section IV; 1 The Declared CUF shall in no case be less than Please confirm if declared CUF is 22%, then Tender Condition Prevails
(a) 19% & more than 22% over a year. They shall generation up to 22% ± 10% will be purchased by
3 47 maintain generation so as to achieve CUF in the Mahagenco.
range of +10% of their declared value during PPA
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duration.
Section I The individual project capacity to be developed If the maximum load at substation is less than the Revised Clause:-
Instructions to shall be the maximum AG load connected to the load mentioned in Annexure - 20, the successful The individual project capacity to be developed shall
Bidder; 1.3 (i) substation as per enclosed list of the bidder shall be allowed to reduce the allocated be tentative and maximum AG load connected to the
substation capacity. In such an event of short closing, the substation as per enclosed tentative list of the
4 16 eb successful bidder shall not be penalized in any way
substation however capacity shall be finalized as per
the actual load connected and permitted load
connectivity as per MSEDCL.
Section I However the bidder shall be allowed to change the Bidder should be allowed to change the location Clause Revised:-
Instructions to location of the project within the same Taluka only of project and substation irrespective of the However the bidder shall be allowed to change the
W
Bidder 1.1 (a) once Taluka, i.e. the location and substation can be location of the project within the jurisdiction of the
5 15
changed once till Financial Closure to be in any same substation only once.
Taluka. This will ensure more participation and
more competitive bidding
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section I An additional 250MW capacity through Green- a.) Please confirm that only Successful Bidders Revised Clause:
Instructions to shoe option may be offered to the Participating will be considered for the additional 250 MW An additional 250MW capacity through Green-shoe
Bidder 1.2 (b) Bidders, who are willing to execute PPAs with capacity, as only Successful Bidders will have the option may be offered to the Techno commercially
(i) MSPGCL at the lowest tariff (L1 rate) discovered capability of executing additional Capacity at a qualified Bidders, who are willing to execute PPAs
under Competitive Bidding Process (followed by e- Low tariff.
with MSPGCL at the lowest tariff (L1 rate)
reverse auction) to the extent of their respective
6 15 discovered under Competitive Bidding Process
quoted capacity b). Please clarify how the Selection of Bidders for
the allocation of the additional 250 MW of will be (followed by e-reverse auction) to the extent of their
done. respective quoted capacity
If more than one Bidders agree to accept the
y
additional 250 MW capacity, which Bidder will be
allocated the additional capacity?
op
Section IV In case the availability is more than the maximum a. Please confirm that 100% of the power Tender condition prevails
Special Terms CUF specified, the SPD will be free to sell it to generated by SPD, up to a declared CUF of 22%
and any other entity provided first right of refusal will ,will be purchased by Mahagenco.
Conditions; 1 vest with the Mahagenco. In case the Mahagenco
7 (d) 47 purchases the excess generation, the same may be b. Any generation above 22% should also be
done at 75% (seventy-five per cent) of the PPA purchased by Mahagenco, at reduced tariff.
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tariff.
Section III; The project shall be commissioned within 13 As per the revised MNRE timelines, the project clause Revised:
Clause 4 months from the date of execution of the PPA. shall be commissioned within 21 months from the Capacity in MW -Commissioned
eb date of execution of PPA 1 0-250 MW - 15 month
8 42 2 250-500 MW - 18 month
3 500-750 MW - 21 month
Section 1 till the time of achievement of Financial Closure As per the revised MNRE timelines, the successful Clause Revised. Financial Closure:
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Instructions to i.e. Within 7 month from the date of signing of bidder shall achieve financial closure within 12 Capacity in MW - Financial Closure
Bidder 1.1 (a) PPA months from the date of execution of PPA. 0-250 MW - 6 month
9 15 Request you to amend this clause of achievement 250-500 MW - 8 month
of Financial Closure i.e. Within 7 month from the
500-750 MW - 12 month
date of signing of PPA
Section IV Power Purchase Agreement: Mahagenco shall enter Please confirm all the necessary approvals for PPA will be signed after approval of PPA from
Special Terms into Power purchase agreement (PPA) with executing the PPA, including approvals and MERC.
10 and 49 Bidders selected based on this RfP. permits from State Regulatory Commission, shall
Conditions; be obtained prior to issuance of LoA
Clause 6
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section IV ; Change in law The Change in Law clause must be as per the The clause is amended and enclosed as an Annexure-
Clause 7 standard MNRE provisions. Please amend the A.
11 48 clause to include "change in rates of taxes, duties
and cess"
Section I ..the shortlisted bidders shall be invited for the Please allow all technically and financially Tender condition prevails
Instructions to Reverse Auction qualified bidders to participate in e-reverse auction
12 28
Bidder 17 (ii)
Section IV Mahagenco shall enter into Power purchase PPA shall be signed directly with MSEDCL since Tender condition prevails
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Special Terms agreement (PPA) with Bidders selected based on the offtaker is MSEDCL
13 and 48 this RfP.
Conditions;
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Clause 6
Section I The successful bidder shall submit documentary As per the standard MNRE guidelines, grid Tender condition prevails
Instructions to evidence for securing connectivity with grid from connectivity shall be obtained till the Financial
Bidder, 12 B MSEDCL within 7 month from the date of signing Closure i.e. within 12 months of execution of PPA.
of PPA. Request you to amend the timeline to 12 months.
14 26
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Section III Bidders selected by Mahagenco based on this RFP The PBG submission must be only 2 days prior to Tender condition prevails
General shall submit Performance Security in the form of
eb signing of PPA.
Terms and Bank Guarantee for a value @ Rs 20 Lakh / MW
15 Conditions ; 41 for each awarded project within 21 days of
Clause 1 issuance of LoA or 2 days prior to signing of PPA
of that individual Solar power Project.
Section I The responsibility of getting the grid connectivity Required infrastructure and approvals for Tender condition prevails
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Instructions to with MSEDCL shall entirely be of the successful connectivity shall be provided by MSEDCL. This
Bidder, 12 B bidder will reduce the probability of delays and the total
16 26
project cost to the bidder and result in lower tariffs
Section I If the successful bidder fails to sign the PPA within Please Confirm that the PBG will not be forfeited PBG shall not be forfeited if it is eshtablished on the
Instructions to the period of days from the date of issue of LoA. if delay is due to reasons not attributable to SPD. basis valid documentary evidence that delay is due to
Bidders ; 8.6 reasons not attributable to SPD
(f)
17 20
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Annexure 16 We undertake that if we are selected as the As discussed in the pre bid meeting, please remove The caluse is removed from Annexure 16
Successful Bidder we shall infuse an Equity the clause from the Annexure.
amount of at least Rs. 60Lacs/MW for each project
18 92 in the following manner:
ii) @ 50% at the time of Financial Closure
Section I If the project developer fails to tie-up financing SPD shall not be penalized incase the delay is due clause revised:
Instructions to arrangement for the project within 7 months as to reasons not attributable to SPD. We request you If the project developer fails to tie-up financing
Bidder; prescribed above or if the project developer fails to to remove this clause of forfeiting the PGB arrangement for the project in in month as prescribed
Clause 15 report such tie-up then the MAHAGENCO shall below: Capacity in MW - Financial Closure
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forfeit the performance bank Guarantee (PBG)
0-250 MW - 6 month
unless the delay is on account of delay caused due
250-500 MW - 8 month
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to a force Majeure.
19 28 500-750 MW - 12 month
or if the project developer fails to report such tie-up
then the MAHAGENCO shall forfeit the performance
bank Guarantee (PBG) unless the delay is on account
of delay caused due to a force Majeure.
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Section I The bidder shall identify 100% land required for Please clarify if the distance measure shall be by This clause is revised.
Instructions to the project within the periphery of 3 KM from the road route or arial route
20 15 eb
Bidder 1.1 (a) substation where the power will be evacuated at the
time of submission of bid
Section III SPD fails to achieve financial closure in stipulated SPD shall not be penalized incase the delay is due Tender condition prevails
General time OR fails to infuse the require equity amount as to reasons not attributable to SPD. We request you
21 Terms and 42 stipulated as per the financial requirement to remove this clause of forfeiting the PBG.
Conditions ;5
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.(ii)
Section II SPD will register the Solar Project with MEDA. Please provide the timelines for MEDA Scope of MEDA registration is under bidder's scope.
Technical However, MEDA will register the project as per Work
22 36
Specification ; the provisions under ‘Chief Minister Solar AG
clause 1.5 feeder scheme’
Section III The project shall be commissioned within 13 Please clear the ambiguity in this clause and clause Revised:
General months from the date of execution of the PPA of confirm that the he project shall be commissioned Capacity in MW -Commissioned
Terms and the date of handing over the site of solar project within 13 months from the date of execution of the 1 0-250 MW - 15 month
Conditions ; PPA 2 250-500 MW - 18 month
23 41
clause 4
3 500-750 MW - 21 month
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section I Power/energy generated from the Units will be Please share PPA and other important documents draft PPA enclosed.
Instructions to purchased by Mahagenco, in accordance with the before bid submission date
24 15
Bidder 1.1 (c) provisions of Power Purchase Agreement.
Section I If the bidder being the successful bidder fails to Please specify the time limit for acceptance of 7 working days
Instructions to furnish the acceptance of Letter of Award, within LoA
25 21
Bidder 8.6 the specified time limit.
(d)
Section III The MAHAGENCO may at any time by notice in a.) Sufficient time shall be provided to resolve the Tender condition prevails
General writing summarily terminate the Contract without problem before the termination.
Terms and compensation to the SPD in any of the following
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26 Conditions ; 40 events: b.) As this is a huge investment from the
3 developer's end he should be given minimum lock-
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in period to recognize revenues. We request you to
specify the lock-in period
Section I On completion of Techno-commercial bid There is no mention of Section 4.3.2 in the RfS clause revised. Read 4.3.2 as section 1, clause 17. , iii
Instructions to evaluation, if it is found that the total aggregate
Bidder 17 capacity of the Solar Power Projects short-listed is
27 28
(iv) lower than or equal to 500 MW, then the procedure
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as elaborated in Section 4.3.2 shall be followed.
Section I All approvals permits and clearances required for MAHAGENCO is a government entity, so it is Tender condition prevails
Instructions to setting up of the project (including connectivity) comparatively easier for Mahagenco to obtain
28 Bidder 1.1 (b) 15 and those required from State Government and
eb approvals, permits and clearances. Request you to
local bodies shall be in the scope of the bidder facilitate this process
Annexure 7 Managing Director/ Chief Executive Officer, being Request you to let this Annexure be Signed by Accepted.
a full time director on the Board of the Bidding Authorized Signatory as per the Board Resolution
29 71
Company/Member in case of a Consortium.
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Annexure 2 The person authorized under this Power of We request you to remove the requirement of the Tender condition prevails
Attorney shall be a person holding the post of Authorized Person being a "Manager"
30 57
Manager or above designation in the company.
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section-I _ Each bidder shall register itself at the website We, IBC Solar Venture India B.V. is a company As per section 1, clause 11.Q.R. clause A, I The bidding
Vender address https://sets.mahagenco.in on online incorporated in Netherlands having business company i. Companies incorporated in India under the
Registration payment of the vendor registration fees Rs. 5000/- operations in India. While we try to register our Companies Act 1956 or Companies Act,2013 as applicable.
(Clause-3.1) + Service tax as applicable before the last company on https://sets.mahagenco.in it requires
date for registration mentioned in the notification
of invitation of bids ("NIT"). Vendor mandatory GST Number. Currently we do not
31 16 registration fee is non-refundable. have GST number in India. How can we register
The Bidder should note that they should obtain the for this tender without GST number?
valid digital signature in the company We have our office registered in Netherlands and
name as per the requirement mentioned on website is not allowing to register foreign
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https://sets.mahagenco.in in the FAQ section. company.
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Section-I _ Bidder is required to pay online non-refundable Can overseas bidder pay tender fees through its Registered vendor can purchase the tender.
Vender Tender fee of Rs. 1000/- + GST as applicable Indian group company account or through Indian
Registration on or before the last date of payment of tender fees. debit/credit card
32 (Clause-3.2) 16 Overseas bidders shall submit vendor
registration fee and tender fee through international
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debit/credit card.
Section-I The bidder shall identify 100% land required for Requirement of Land within periphery of 3 KM clause revised.
_Land the project within the periphery of 3 from the substation at the time of bid submission
Requirement KM from the substation where the power will be should be withdrawn. Suitable land within 3 KM
33
(Clause-
1.1(a))
14
eb
evacuated at the time of submission of
bid in Format 6.1. Howevere the bidder shall be
allowed to change the location of the
periphery may not be available because of the
reason that within such periphery of Taluka,
urbanization gets developed or 3 KM area comes
project within the same Taluka only once till the under some municipality.
time of achievement of Financial
Closure i.e. Withine 7 month from the date of
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signing of PPA .In no circumstances shall
the Tariff offered by the bidders in its financial bid
be changed due to change in location.
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section- SPD should take all necessary actions in order to Financial closure within 7 (Seven) months of Tender condition prevails
I_Financial achieve financial closure of the project. signing of PPA should be extended to 12 months
Closure(Claus Mahagenco will not provide any VGF or financial in line Amendment to the Guidelines for Tariff
e-15) assistance or loan for the project. SPD to ensure Based Competitive Bidding Process for
that the financial closure will be carried out within Procurement of Power from Grid Connected Solar
34 26
7 (Seven) months from the date of signing of PPA. PV Power Projects, Ministry of Power Resolution
Accordingly the successful bidder shall furnish the No. 23/27/2017-R&R dated June 14, 2018.
following documents within 7 months from the date
of signing of PPA.
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Section- Commercial Operation Date of the Solar Power It is not clear when COD will be declared by Pl. read section IV, clause 4.
IV_COD Plant MAHAGENCO after successfully commissioning
35 47
(Clause 3) of the plant. It says, it will be decided mutually by
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MAHAGENCO and SPD.
Additional Our Company Namrata Services is SSI registered Mahagenco does not have such provision.
Company hence as per GR EMD is waived for
36
SSI. Will we get exemption on these grounds for
this tender?
Additional Also can we get 15% advantage in price offered by Mahagenco does not have such provision.
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37
us?
Section 1 “Scheduled Commercial Operation Date” shall Request you to kindly consider SCOD period as 18 Tender condition prevails
Definition - mean the date as declared months as there will simultaneous execution of
38 SCOD 11 by the Successful Bidder in the PPA which shall multiple projects at different location and
not exceed 13 (Thirteen) months from the
eb mobilisation at site will be difficult for SPD.
date of execution of PPA.
Section 1 -1.4 The bidder should select the project location in the Please consider land distance within 10 km from clause revised
Project 3KM periphery from the substation instead of 3 km
39 15
Location substation.
Section-IV 7 In the event a Change in Law results in any adverse Please include any change in the rate of clause revised
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Change in law financial loss/ gain to the Solar Power Generator taxes,duties and cess which have s direct effect on
then, in order to ensure that the Solar Power the project.
Generator is placed in the same financial position
as it would have been had it not been for the
occurrence of the Change in Law, the Solar Power
40 48 Generator/Procurer shall be entitled to
compensation by the other party, as the case may
be, subject to the condition that the quantum and
mechanism of compensation payment shall be
determined and shall be
effective from such date as may be decided by the
Appropriate Commission.
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section-IV 1 Criteria for generation :-The power producer will Please allow SPD to declare upper CUF limit Tender condition prevails
Generation by declare the CUF of their project at the time Request you not to limit the upper value of CUF
41 46
SPD of PPA and will be allowed to revise the same once
within first year of COD
Additional Please share draft PPA terms and condition for the enclosed
42
Project
Section 1.1.a The bidder shall identify 100% land required for Periphery needs to be 5 Kms instead of 3 Kms clause revised
Land the project within the periphery of 3
KM from the substation where the power will be
evacuated at the time of submission of
bid in Format 6.1. Howevere the bidder shall be
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allowed to change the location of the
43 14 project within the same Taluka only once till the
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time of achievement of Financial
Closure i.e. Withine 7 month from the date of
signing of PPA .In no circumstances shall
the Tariff offered by the bidders in its financial bid
be changed due to change in location.
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Section 1.4 a.The bidder should select the project location in a). Can Project locations be beyond Annexure 20 a) The attached list in annexure 20 is a tentative list.
Project the 3KM periphery from the for the proposed capacity of 750MWac as well as Bidder can propose sites identified by them subject to
Locations substation for green-shoe option of 250 MWac? the substation must have connected AG load of
b.The Successful bidders shall develop ground b). We understand there’s an agricultural load of 8- proposed capacity by bidder
44 14,15 mounted solar PV power 10 MWac at MSEDCL Substation Degaon, Taluka
eb b) You can propose subject to above condition.
projects. Sindhkhede, District Dhule. Can we propose an 8
c. The Successful bidder shall have to ensure the MWac capacity plant at the said place under this
connectivity permission from the tender?
MSEDCL.
Section 1 The Net-Worth of the Bidder for the financial year
a.) For the net worth criteria, it is suggested that Clause Revised:-
11.B.1. ended on 31.03.2017 shall not be less than INRthe new companies formed after 31st March 2017 The Net-Worth of the Bidder for the financial year
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Financial 0.85 Crores per MW (of the capacity quoted). may show its net worth of the current financial ended on 31.03.2017 shall not be less than INR 0.52
Requirements year 2018-19 with a CA certificate for the net Crores per MW or equivalent to US $ (of the capacity
45 24
for Selected worth 2 85 lakhs a MW and a letter from the bank
quoted).
Project: Net about the line of credit at the rate of INR 12.5
Wor lacs/MW
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
ANNEXURE Format for Consortium Agreement a). In a consortium of 2 parties, can a lead member a) Lead member of the consortium should hold at least
S 3 – Format hold 99.99% of the equity and can the other 51% equity holding.
of Consortium consortium member hold just a nominal 00.01% of b) The revised condition in format
Agreement equity. b). Is the [Note: The percentage equity holding for any
percentage of equity holding of the technical
46 58 Consortium Member cannot be zero in the above
member of not lesser than 26% necessary? Since
table. Lead Member’s percentage equity holding
there appears to be no QR for technical member
cannot be less than 51% from the Effective Date up to
a period of one (1) years after Scheduled COD or
Revised Scheduled COD.]
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Section - I , Invitation to Bid:The bidder shall identify 100% As, the 100% of land identification is in the hands clause revised
1.1 a15 land required for the project within the periphery of of SPD, there should not be any peripheral
3 KM from the substation where the power will be constraint (project distance from the
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47 15 evacuated at the time of submission of bid. Substation), such as the project with in the
periphery of 3 KM from the Substation
Section - I 1.2 Capacity Allocation Under Green-shoe Option: The RfS document does not provide any clause is self explanatory
48 b 15 Allocation of additional 250MW capacity under details procedure of this additional 250
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Green-shoe Option MW PPA
Section - II MAHAGENCO Scope of work: MAHAGENCO 1). Kindly clarify, whether MAHAGENCO 1)Pl. refer section IV, clause no. 6
1.2 will sign the PPA for 25 years with the SPD at the will sign single PPA or multiple PPAs for 2) The Power sale agreement will be signed suitably.
tariff rate discovered the reverse bidding and PSA multiple locations. 3)Draft PPA is enclosed.
with MSEDCLthrough eb 2). Power Sale Agreement should be signed 4)before signing PPA, the draft PSA will be shared
before to signing the PPA”. 3). We with successful bidder
will prefer project wise PPAs. Kindly share 5) refer above response 2).
49 35 the Draft PPA for review. 4. Provide the
Draft PSA for review. 5. Make clear
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that “Power Sale Agreement should be signed
before to signing the PPA”.
Section -IV 6 PPA Kindly provide clarification, whether the bidding PPA shall be approved from MERC.
document including the PPA is approved by
50 48 appropriate, which is mandatory for purchase of
Power u/s 63 of Electricity Act 2003
Definitions Capacity Utilisation Factor (CUF) Kindly confirm the CUF computation will be on CUF computation will be on according to AC
according to AC capacity or DC Capacity.Also, capacity as per MERC norms.
51 8
please provide formula for CUF calculation.
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
1.1 a) Land The bidder shall identify 100% land required We request Mahagenco to remove the clause of clause revised
for the project within the periphery of 3 KM from “land required for the project within the periphery
the substation of 3 KM from the power will be
where the power will be evacuated at the time evacuated”substation where the
of submission of bid in Format 6.1. However the
bidder shall be allowed to change the location of
52 14 the project
within the same Taluka only once till the time
of achievement of Financial Closure i.e. Within 07
months from the date of signing of PPA.
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1.1 a) Land The bidder shall identify 100% land required Referring to the recent amendments in Guidelines this clause is revised
for the project within the periphery of 3 KM from for Tariff Based Competitive Bidding Process for
the substation Procurement of Power from Grid Connected Solar
where the power will be evacuated at the time PV Power Projects published by MoP. We
of submission of bid in Format 6.1. However the Request Mahagenco to revise the period of land
14
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53 bidder shall be allowed to change the location of identification from 07 months to 12 (Twelve )
the project months from the date of execution of PPA.
within the same Taluka only once till the time
of achievement of Financial Closure i.e. Within 07
months from the date of signing of PPA.
15.Financial
Closure
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SPD should take all necessary actions in order to a
chieve financial closure of the project. Mahagenco
will not provide any VGF or financial assistance
Referring to the recent amendments in Guidelines This clause is revised
for Tariff Based Competitive Bidding Process for
Procurement of months to 12 (Twelve)
or loan for the project. SPD to ensure that the monthsPower from Grid Connected Solar PV
54 26 financial closure will be carried out within 7 Power Projects published by MoP. We request
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(Seven) months from the date of signing of PPA. Mahagenco to revise the period for Financial
Accordingly the successful bidder s hall furnish the Closure from 07 months to 12 (Twelve)
following documents within 7 months from the months.
date of signing of PPA.
SECTION SPD will register the Solar Project with MEDA. Referring to the OM no.283/65/2018-Grid Solar Tender condition prevails
II:1.5 MEDA However, MEDA will register the project as per published by MNRE. We request you to remove
55 scope of work 35 the provisions under ‘Chief Minister Solar AG the mandatory registration of project with MEDA
feeder scheme for implementation and commissioning of solar
project.
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
SECTION The project shall be commissioned within 13 Referring to the recent amendments in Guidelines This clause is revised
III:GENERA months from the date of execution of the PPA of for Tariff Based Competitive Bidding Process for
L TERMS the date of handing over a duly constituted Procurement of Power from Grid Connected Solar
&CONDITIO committee will physically inspect and certify PV Power Projects published by MoP. We request
NS 4. Time of successful commissioning of the project the site of Mahagenco to revise the time period for
56 Completion & 40 solar Project (for e.g. if the site is handed over on commissioning from 13
Delay is 07.10.2017, then scheduled commissioning date months to 21 (Twenty one) months from the date
shall be 07.01.2019) in this regard, a duly of execution of the PPA
constituted committee will physically inspect and
certify successful commissioning of the project .
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1.1 b) Power SPD will construct requisite infrastructure for Can we use common switchyard location for yes. Subject to condition that proposed project capacity AG
Transmission transmission of power from each Solar Project to power evacuation of more than one projects? load connected to same substation
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and the nearest substation (within 3 KM) including the
57 14
Evacuation ABT meters and required Transmission Bay at
both the ends (power plant switch yard &
substation).
1.4 Project The bidder should select the project location in the We request Mahagenco to accept alternative query is answered already above
58 location 15 3KM periphery from the substation of enclosed substations wherein load is available (AG Feeder)
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ANNEXURE-20 but not mentioned in annexure 20.
Additional Start-up Power application Requesting Mahagenco to provide clear guidelines It is responsibility of SPD. Standard guidelines of MSEDCL
for start-up power approval. It will enable to shall be applied.
59
maintain the timelines of project commissioning.
60
Additional
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Applicability of Reactive Power(RKVAH) penalty We request MSEDCL not to levy the Reactive
similar to biomass projects Power penalty similar to biomass projects. But if
levied then it should be as per Wind projects
(Comm. Circular no. 196 dtd.29thApril,2013)
At present, reactive power penalty not applicable to solar
power
Section I, 8.0- Each Bidder shall be required to submit Bid Dear Sir, As we are planning to Bid for complete Tender Clause Revised:
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Bid Security Security/ Earnest Money Deposit (EMD) of Rs.750MW request you to Please reduce the EMD to Each Bidder shall be required to submit Bid Security/
EMD 8,00,000/- (Rs. Eight Lakh only) /MW in the Rs. 2,00,000/- Per MW Earnest Money Deposit (EMD) of Rs. 5,00,000/- (Rs.
61 19 form of bank guarantee as per Annexure 11, Five Lakh only) /MW in the form of bank
issued by any branch of Bank mentioned in guarantee as per Annexure 11, issued by any
list attached branch of Bank mentioned in list attached
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section-I, 1.3 - The individual project capacity to be developed Dear Sir, Since the Minimum capacity for 750MW Tender conditions prevails
Capacity of shall be the maximum AG load connected to the is only 2MW. This is very capacity and will attract
the project substation as per enclosed list of the substation in smaller non serious players in the bidding with no
ANNEXURE-20., however, minimum Experience. Also with companies bidding with
project capacity should not be less than lower capacity will bid Higher Tariff rates as they
62 16 will not be also to achieve proper cost of EPC
2MW. required for Bulk Buying to do bigger projects.
Hence we request you to please make the
minimum bidding capacity of 50MW.
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Section-I, The Net-Worth of the Bidder for the financial year Dear Sir, with the Net –requirement of 0.85 Cr per Clause Revised:-
11(B)- ended on 31.03.2017 shall not be less than INR MW no solar company in India is big enough to The Net-Worth of the Bidder for the financial year
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Financial 0.85 Crores per MW (of the capacity quoted). Bid for the complete 750MW and companies ended on 31.03.2017 shall not be less than INR 0.52
Requirements bidding for the lower capacity will lead to getting Crores per MW or equivalent to US $ (of the capacity
for Selected higher Tariff Rates.
quoted).
Project: Hence we request you to Please change the
63 23 financial criteria to 0.26 Cr per MW which is 6%
of the project value.
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Section-I, A minimum annual turnover of Rs. 25 lakhs/MW
eb A minimum annual turnover of Rs. 25 lakhs/MW or
11(B)- of the quoted capacity during the previous financial equivalent to US $ of the quoted capacity during the
Financial year 2016-17. previous financial year 2016-17.
Requirements
for Selected Internal resource generation capability, in the form Internal resource generation capability, in the form of Profit
Project:2 of Profit Before Depreciation Interest and Taxes Before Depreciation Interest and Taxes (PBDIT) for a
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Liquidity: (PBDIT) for a minimum amount of Rs. minimum amount of Rs. 10Lakhs/MW or equivalent to US $
10Lakhs/MW of the quoted capacity, as on the last of the quoted capacity, as on the last date of previous
date of previous financial year, 2016-17 financial year, 2016-17
64 25
In-principle sanction letter from the lending In-principle sanction letter from the lending
institutions/banks of the Bidder, committing a Line institutions/banks of the Bidder, committing a Line of Credit
of Credit for a minimum amount of Rs. for a minimum amount of Rs.
12.5 Lakhs/MW of the quoted capacity, towards 12.5 Lakhs/MW or equivalent to US $ of the quoted
meeting the working capital requirement of the capacity, towards meeting the working capital requirement
project quoted under this RfS of the project quoted under this Rfp
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section-I, 11 - Technical criteria missing in the tender. Since the Setting of the solar power plants with Tender condition prevails
QUALIFICA Such High capacity, it is important for the
TION customer that the company has a good technical
REQUIREM experience in setting up the solar power plant in
ENTS the past to ensure timely and proper execution of
the projects.
Hence we request you to please add the technical
Qualification criteria in the tender for the bidders
to ensure that companies with experience bid for
the project.
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The Minimum technical criteria:
65 24
1. The company should be in the solar business
since last 10 years
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2. The company should have installed successfully
a single project of 10MW working satisfactorily
for 5 years
3. The company should have installed Successfully
a single project of 50MW working satisfactorily
for 3 years
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Section - II, The bidder shall identify 100% land required for Dear Sir, it is very difficult to find the land within This clause is revised as above
1.4- SPD the project within the periphery of 3 KM from the
eb the range of 3KM from the substation mentioned
Scope or substation where the power is evacuated at the time in the tender, since the Meter will be installed in
work: of submission of bid in Format 6.1. the substation then MAHAGENCO should be able
to give free hand to the Bidders to choose the land
66 36 as per their convenience and calculate the
transmission losses on their OWN.
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Hence we request you to please delete this clause
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section-I, 1.0 The bidder shall identify 100% land required for Dear Sir, Please let us know which are documents At bidding stage bidders needs provide the tentative location
(a) - the project within the periphery of 3KM from the that needs to be submitted for the land in the of the site & capacity in MW as per the name of the
Background/ substation where the power will be evacuated at the tender which are mandatory. Accordingly we can substations and the connected AG load to that substation by
Land time of submission of bid in Format 6.1. However bid for the capacity as per the availability of the referring the indicative substation list provided by
the bidder shall be allowed to change the location land. Mahagenco in RFP.
67 15 of the project within the same Taluka only once till In case the two or more bidders will quote same substation
the time of achievement of Financial Closure i.e. the preference shall be given to the lowest tariff quoted
Within 7 month from the date of signing of PPA .In bidder.
no circumstances shall the Tariff offered by the
bidders in its financial bid be changed due to
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change in location.
Section-I, 6 - If the bidder is a consortium, the consortium may a) We propose to participate through consortium in a) Lead member of the consortium should hold at least 51%
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Preparation tender its Bid if the online payment is made against which shareholding structure shall be equity holding.
Of Bid vendor registration and tender fees by the lead 99.99%(Foreign company) and 0.01% (Indian b) Any one member of consortium can purchase the tender
member Company). c) In case of consortium the bid shall be submitted in the of
b) The Indian company which shall have 0.01% consortium.
shareholding will buy the tender document by
68 18 registering itself on Mahagenco website.
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Tender fees shall also be paid by this company
only.
c) Therefore,we request Mahagenco to allow to
buy , register and submit the bid by the Indian
eb Company (Non-lead member of the Consortium.
Section -I 8 Notwithstanding anything contained hereinabove, The Bid Security shall be valid for a period of 180 days with
Bid Security. our liability under this Guarantee is restricted to Rs an additional claim period of 180 days thereafter.
And (Rs only) and it shall remain in force until
ANNEXURE 19 & XXXXX, with an additional claim period of thirty
69 S -11 (30) days thereafter. We are liable to pay the
80
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guaranteed amount or any part thereof under this
BANK GUARANTEE only if MAHAGENCO or
its authorized representative serves upon us a
written claim or demand.
Section & Page Description as per RFP Query/Clarification requested Mahagenco Reply
Sr.No
Clause no. no.
Section -I 1.3 i) The individual project capacity to be developed Tender Clause Revised:
Capacity of shall be the maximum AG load connected to the i) The total quantum 750MW is divided in region wise
the Project substation as per enclosed list of the substation in and district wise in 15 block. Each block of 50Mw
ANNEXURE-20., However, minimum project capacity.
capacity should not be less than 2MW.
ii) In each block of 50MW capacity, the developer can
ii) There shall not be any maximum limit for
establish Solar Power Project from minimum 2MW to
cumulative project c a p a c i t y bidder can quote
for entire 750MW. maximum AG load connected to that particular
substation
iii) The bidder can quote for entire 15 Nos of block
(i.e.-Total capacity of 750MW).
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iv) The tentative list of substation is attached in RFP
ANNEXURE-20. The individual project capacity
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shall be developed as per maximum AG load
70 16 connected to the substation which is selected by the
bidder. However, Bidder should have to quote for
atleast one block of 50MW capacity from any region
given in ANNEXURE-21.
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v) Selection of L1 bidder is Block wise.
vi) L1 will be decided for each block separately
vii) Reverse Auction for each 50MW block will be
carried out separately.
eb viii) The district wise distribution of MW capacity in
five regions of Maharashtra is enclosed at
ANNEXURE-21
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For
At
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XXXXXXXX REGION - MAHARASHTRA
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Between
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MAHARASHTRA STATE POWER GENERATION COMPANY LIMITED,
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(MAHAGENCO/ PURCHASER)
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And
XXXXXXXXX
(SELLER)
TABLE OF CONTENTS
PAGE
ARTICLE 1 DEFINITIONS 07
Section 1.01 Definitions
ARTICLE 4 OBLIGATIONS 15
Section 4.01 XXXXXXXXX‘s obligation
Section 4.02 MAHAGENCO’s obligations.
Section 4.03 Indemnification
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ARTICLE 5 TERM& TERMINATION 17
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05:
Term
Option to Renew
Force Majeure Event Termination
Event of default termination
Termination procedure
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Section 5.06: Survival
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Section 14.04 Remedies for MAHAGENCO Default
ARTICLE 15
Section 15.01
Section 15.02
Limitation on Liability
Limitation on Damages op
LIMITATION OF LIABILITY AND DAMAGES 37
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ARTICLE 16 REPRESENTATIONS, WARRANTIES AND COVENANTS 38
Section 16.01 XXXXXXXXX's Representations,
Warranties and Covenants
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ARTICLE 20 NOTICES 43
Section 20.01 Notices in Writing
ARTICLE 21 MISCELLANEOUS 44
Section 21.01 Amendments and Exhibits
Section 21.02 Disclaimer
Section 21.03 Entire Agreements.
Section 21.04 Waiver
Section 21.05 Captions; Construction.
Section 21.06 Assignment
Section 21.07 No Agency.
Section 21.08 Cooperation.
Section 21.09 Further Assurances
Section 21.10 Counterparts
Section 21.11 Severability.
EXHIBITS:
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THIS POWER PURCHASE AGREEMENT FOR SOLAR ENERGY is made on this ___day of
_________, 2018 at Mumbai;
BETWEEN
XXXXXXXXX Address: 3rd Floor, Asset 301-304, & 307, Worldmark, 3 Aerocity New Delhi, Pin -
110037;a Limited Company duly incorporated under the Companies Act, 1956 with its registered
Office at Mumbai, hereinafter referred to as the "XXXXXXXXX/SELLER" [which expression shall
unless repugnant to the context or meaning thereof include its successor and assigns]
AND
WHEREAS,
MAHAGENCO had issued RFP in which XXXXXXXXX had submitted its bid and was successful
in getting awarded 50MWAC Cumulative Capacity of Solar PV Power Projects at
WESTERNREGION - MAHARASHTRA
AND WHEREAS,
XXXXXXXXX pursuant to the RFP desires to develop, design, construct, own and operate a Solar
Generating Facility (PV Technology) with an Installed Capacity of 50MWAC Cumulative Capacity
of Solar PV Power Projects at WESTERNREGION - MAHARASHTRA hereinafter referred to as
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the “Facility”.
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AND WHEREAS,
The XXXXXXXXX desires to interconnect the Facility with the State Grid as advised by the
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MAHAGENCO and sell and deliver to MAHAGENCO at the Interconnection point, 100 % of the
Solar Energy produced by the Facility from the date of commissioning of the Solar Project.
AND WHEREAS,
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NOW THEREFORE in consideration of the mutual covenants herein contained, the parties agree
to the following:
ARTICLE-1
DEFINITIONS
In this Agreement, the following words and expressions shall have the respective meanings
set forth herein:
“Act” means the Electricity Act 2003 as in force from time to time
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beyond the delivery/metering point, shall be deemed to be
an event of Force Majeure affecting XXXXXXXXX,
“Auxiliary Energy
Consumption
MAHAGENCO
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means the electrical energy consumed by XXXXXXXXX to
meet its own energy requirement as recorded in the energy
meter at the Metering Point.
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“Capacity Utilisation means the percentage of energy generated and measured
Factor (CUF %)” at the Metering Point installed in Switch yard in power plant
divided by the installed capacity multiplied by the number of
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“Check Meter” means the meter, connected to the core of the Current
Transformers (CTs) and Potential Transformers (PTs) to
which the Main meter is connected and shall be used for
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“Due date of Payment” shall mean in relation to any invoice the day falling after the due
date (as described hereunder) upon which such invoice is
submitted If such day is not a business day, the immediately
succeeding business day will be considered as due date for
payment.
“Effective Date” Shall mean the agreement to be effective from the date of
signing. However, for project completion, effective date will be
counted from Notice to Proceed (NTP) i.e. the date of handing
over of land.
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system condition that requires automatic or manual action
to prevent or limit loss of the State Grid Electrical load or
(ii)
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generation supply could;
“Extra High Voltage means EHV transmission lines with voltage rating of 66 Kilo-
(EHV)” Volts (KV) and above.
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“Financial Year” means the year commencing from 1st April of the year to
31st March of the next year.
"Force Majeure Event" means any act or event that delays or prevents a Party from
timely performing obligations under this Agreement or from
complying with conditions required under this Agreement if
“Forced Outage” means any condition of the facility that requires immediate
disconnection of the Facility, or some part thereof, from
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service and/or the period of interruption or reduction or
shutdown of the Facility attributed to unforeseen conditions
“GOI”
“GOM”
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other than planned or scheduled outages
"Interconnection Point/ means point of interface of solar power plant facility with
Point of Delivery" distribution system at which the Solar Energy is delivered to
the MSEDCL’s System at the plant boundary and such
interface point shall be the line isolator on the outgoing
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‘Main Meters” means the meters installed at the Metering Point within
Solar PV plant boundary to primarily measure the Solar
Energy for purposes of accounting and/or billing. The main
meter shall be ABT type meter.
“Metering Point” is the physical point at which the meters are installed on the
State Grid to measure the Solar Energy sold to
MAHAGENCO at the Interconnection Point. The meter shall
be installed in nearest MSEDCLsubstation
“MWh” means megawatt-hour, i.e. a unit of energy equal to one
thousand kWh.
“MUS” means a unit of energy, equal to one million kWh.
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“Non-firm power” ‘Non-firm power’ means the power generated from
“Operating Records”
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renewable sources, the hourly variation of which is
dependent upon nature’s phenomenon like sun, cloud, wind,
etc., that cannot be accurately predicted.
means all the agreements / records associated with the
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Facility, operating logs, and blueprints for construction,
operating manuals, all warranties on equipment and all
documents whether in printed or electronic format, that
XXXXXXXXX uses or maintains for the operation and
maintenance of the Facility.
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“Renewable Energy” means the grid quality electricity generated from renewable
energy sources.
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recommendations, reliability, safety, environmental
protection, economy and expedition. With respect to the
(i)
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Facility, Standard Utility Practices includes, but is not limited
to, taking reasonable steps to ensure that:
“State Grid System” means the State Grid Electricity Supply, Distribution and
Transmission System, as modified and expanded from time
to time, for delivery of electricity to the MSEDCL’s
consumers in the State of Maharashtra and to
interconnected states.
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“Solar Electric means the net electric energy generated exclusively by the
Energy” Facility (which is electric energy derived from a technology
“Solar Technology”
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that exclusively relies on a solar energy source) and
delivered and metered to the Point of Delivery by the Meters
installed by MSEDCL pursuant to Section 12.01
“Tariff Period” means the 25 years’ period from the COD of the solar
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Project.
“Term” means the period of time during which this Agreement shall
remain in full force and effect, as set forth in Section 5.01.
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“Test Energy” means the energy, which is produced by the Facility and
delivered to the MAHAGENCO at the Point of Delivery at the
time of testing of the Facility prior to Commercial Operations.
ARTICLE 2
REGULATORY APPROVAL
The sale of Solar Energy under this Agreement shall be governed by the terms and conditions
of the RFP No. 61485 & Maharashtra Electricity Regulatory Commission (Terms and
Conditions for Determination of RE Tariff) Regulations, 2015 & Maharashtra Electricity
Regulatory Commission (Renewable Purchase Obligation, Its Compliance and
Implementation of REC Framework) Regulations, 2015.
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This Agreement is subject to any further orders passed by MERC and shall be subject to all
necessary sanctions/permissions/approvals as may be required to be obtained from the
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MERC or any other Governmental Authority. XXXXXXXXX shall follow the grid discipline and
Grid Connectivity Rules and Regulations as well as technical standards for Grid Connectivity,
as may be set out by the MERC SOP Regulations, 2005, State Grid code 2006,CEA
Technical Standard for Grid connectivity Regulations’ 2007or any other Competent Authority
as per the provisions of the Electricity Act 2003.
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Section 2.03: GOM’s GR dtd. 14.06.2017 and its Amendment G.R. dted.17.03.2018
As per GOM’s G.R. Dtd. 14.06.2017, this project is under “Chief Minister Solar Agriculture
Feeder Scheme”. Hence, a committee comprising of designated representatives of
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Mahagenco, MSEDCL and MEDA are empowered to make suitable changes in the
amendments made in the policy as per GOM’s G.R. dtd. 14.06.2017, at later stage, in view of
difficulties faced while implementing the project without making any change to the tariff and
tenure that has been agreed and signed off by and between Mahagenco and XXXXXXXXX
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ARTICLE 3
CONDITIONS PRECEDENT
The obligations under this Agreement are subject to the satisfaction in full of the following
conditions precedent:
[a] XXXXXXX shall get all the approvals and permission required for the project from the
various departments like MEDA, MSEDCL or any other state or central government
agencies. XXXXXXXX shall obtain all such licenses/ sanctions/ approvals/
clearances from Governmental Agencies, inter-alia, including but not limited to the
following
(i) All approvals and clearances from the Maharashtra Energy Development Agency
(MEDA), Government of Maharashtra,
All the applicable land related permits & Clearance including but not limited to
permission to set up the Facility on the Site
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Approval for Permission and Evacuation including approval of the single line
(ii)
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diagram of proposed connectivity with MSEDCL’s System and Protection logic
Any other statutory permission, not listed above but required for completion
installation & connection of the power plant
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The Permissions should be submitted & obtained preferably within one month after
execution of this Agreement however, in any case before Commissioning of the
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[b] XXXXXXXXX shall ensure that the design and construction of the Facility shall be in
line with technical specification of RFP.
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[c] XXXXXXXXX shall submit declaration whether they wants to avail accelerated
depreciation benefit or not, before commercial operation date. (COD)
ARTICLE 4
OBLIGATIONS
XXXXXXXXX shall obtain all related statutory approvals, clearances and permits necessary for
the Project
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iii. XXXXXXXXX shall also comply with the provisions of IEGC/State Grid Code
prevailing ABT order issued by CERC, and other technical operational and safety
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criteria as per the terms and conditions mentioned in the RFP
vi. XXXXXXXXX shall complete the Project within 18 (Eighteen) Months from handing
over of the Land.
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In the event of delay in handing over of the land and or handing over of the
approvals by Mahagenco, Commissioning Date shall be extended day for day
basis.
vii. In the event if the COD is delayed beyond 18 Months from the NTP for the
reasons not attributable to XXXXXXXXX, a cooling period of 18 Months will start &
after that the procedure of encashment as provided in the RFP would be taken by
Mahagenco by providing prior notice of 30 days. Extensions of Time: In the event
that the Seller is prevented from performing its obligations under Section 4.01 by
the Commercial Operations Date due to:
The Commercial Operations Date shall be deferred for reasonable period but not
less than ‘day for day’ basis, to permit the Seller or MAHAGENCO through the
use of due diligence, to overcome the effects of the Force Majeure Events
affecting the Seller or MAHAGENCO, or till such time such Event of Default is
rectified by MAHAGENCO and no penalty shall be levied on XXXXXXXXX either
in the form of BG encashment or reduction of Tariff
2. Mahagenco agrees to make the payment to XXXXXXXXX as per the Tariff Rate
mentioned in Article 10 of this Agreement directly to XXXXXXXXX as per the terms and
conditions of this Agreement.
3. Purchaser to open the Letter of Credit valid for one year within 30 days of the COD
ensuring that payment for first month generation is paid directly by RTGS or demand draft
directly to XXXXXXXXX based on joint meter Reading
4. Land for the Facility shall be provided by MAHAGENCO as per clause 1.3 of Section – II
of RFP 61485 through a separate agreement, signed between the MAHAGENCO and the
Seller for the PPA Tenure of 25 Years from the date of COD
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5. The MAHAGENCO shall be responsible for completion of their scope of work as per
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clause 1.3 & 1.4 of Section – II of RFP 61485. (with Amendment-11)
MAHAGENCO shall ensure that during the Term of this Agreement the rights of
MAHAGENCO on the Site shall continue to subsist without any encumbrance whatsoever
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and shall keep the Lease valid through-out the Term of this Agreement.
7. Providing unfettered access to the Seller, its affiliates contractors and employees to the
Site for installation, operation and maintenance of the Facility during the Term of the
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Agreement;
ARTICLE 5
TERM& TERMINATION
Section 5.01: Term:
This Agreement shall come into effect from the Effective Date and shall be valid for a term of
25 (Twenty Five) years from the date of COD. The obligations to purchase and sell the Solar
Electric Energy will remain on the Parties of this Agreement for the duration of 25 (Twenty
Five) years unless renewed or extended under section 5.02
Prior to the expiration of the Term, this Agreement may be renewed or extended for further
period only by mutual written agreement of the Parties hereto, on terms and conditions
mutually agreeable to the Parties and subject to the Orders/guidelines of the MERC.
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In the event that any delay or failure of performance caused by a Force Majeure Event,
continues for an uninterrupted period of three hundred sixty-five (365) days from its occurrence
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or inception, the Party not claiming such Force Majeure Event may, at any time following the
end of such three hundred sixty-five (365) days period, terminate this Agreement upon written
notice to the affected Party, without further obligation by either Party except as to damages,
costs and balances incurred prior to the date of such termination.
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Section 5.04: Event of Default Termination
Upon the occurrence and continuation of Event of Default by any Party as specified in Article
14 then Other Party may terminate this Agreement by giving prior written notice of 30 (Thirty)
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days.
5.05.1 In the event of operation of Article 5.03,5.04the affected Party shall have the right to
deliver to the defaulting Party a Preliminary Termination Notice, which shall specify in
reasonable detail the circumstances giving rise to the issue of such notice.
5.05.2 Following the issue of Preliminary Termination Notice the Parties shall wait for
consultation as to what steps shall be taken to remedy the situation having regard to
all the circumstances for consultation period of thirty (30) days or such longer period
as the Parties may agree.
5.05.3 Any time after a period of thirty (30) days following the expiry of the Consultation
Period and unless the Parties shall have otherwise agreed to the contrary or the Party
may terminate this Agreement by delivering a Final Termination Notice, whereupon
this Agreement shall terminate on the date of such notice.
5.05.4 Till service of final notice of termination, the Parties shall, save as otherwise provided
in this Agreement, continue to perform their respective obligations under this
Agreement.
5.05.5 Upon serving final termination notice XXXXXXXXX may within 90(Ninety) days
remove the Facility from the Site in case the Solar Energy is not sold to any third
party.
This LoA is subjected to approval of AG solar feeder Scheme by MERC and terms & conditions
therein and the terms and conditions, if any laid by MEDA in their approval regarding IC
registration.
The expiry or termination of this Agreement shall not affect accrued rights and obligations of
the Parties under this Agreement, nor shall it affect any continuing obligations for which this
Agreement provides, either expressly or by necessary implication, the survival of, post its
expiry or termination.
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ARTICLE 6
FACILITY DESCRIPTION
XXXXXXXXX shall construct, own, operate and maintain the Facility, consisting of Solar PV
panel and associated equipment as per the RFP having a maximum installed capacity as
indicated in the “Exhibit A” to this Agreement which includes a complete written description of
the Facility, including identification of the solar technology and other equipment and
components that make up the Facility
The Facility shall be located on the Site and shall be identified as 50MWAC Cumulative
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Capacity of Solar PV Power Projects at XXXXXREGION - MAHARASHTRA
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A scaled map that identifies the Site, the location of the Facility at the Site, the location of the
Point of Delivery and the location of the ancillary facilities and the interconnection facilities is
included in “Exhibit A” to this Agreement. The Site is leased out for a period of 25 (Twenty
Five) years from the date of COD and this shall form an integral part of this Agreement.
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Section 6.03: General Design of the Facility:
XXXXXXXXX shall design, construct, operate and maintain the Facility according to the
permissions/sanctions mentioned in Article 3 (b) and in accordance with the RFP, Standard
Utility Practices, the relevant technical standards in terms of the Electricity Act 2003 if
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designed to use Solar PV.XXXXXXXXX shall ensure that the Facility at all times:
[a] Have necessary protective equipment and interlocking facilities, which shall be so
coordinated that any malfunctioning or abnormality in XXXXXXXXX ’s Facility shall not
adversely affect the State Grid System and in the event of such malfunctioning or
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abnormality XXXXXXXXX’s circuit breaker shall trip first to protect the equipment;
ARTICLE 7
FACILITY DEVELOPMENT
XXXXXXXX shall be responsible for obtaining all licences, Permit& approvals required for the
construction and commercial operation of the Facility.
In accordance with Article 3, the satisfaction of the foregoing obligation on the part of
XXXXXXXXX will be a condition precedent to Commercial Operations and any obligation of
MAHAGENCO under Article 4.
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ARTICLE 8
XXXXXXXX shall ensure the evacuation infrastructure upto the Inter-connection point as per
Clause 1.3 & 1.4 of Section – II of RFP 61485.
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ARTICLE 9
COMMERCIAL OPERATIONS
[a] Commercial Operations Date: XXXXXXXXX shall notify and achieve Commercial
Operations Date within 18 Months from the date of NTP, subject to the conditions as
mentioned in Article 4 and shall be fully capable of reliably producing the Solar Energy
to be provided under this Agreement and delivering such Solar Energy to MAHAGENCO
at the Interconnection Point.
[b] Pre Commercial Operations: in case of plant facility is ready to inject the power before
COD but unable to export due to non-readiness of interconnection facility with bay
extension, XXXXXXXXX shall be compensated according to Deemed generation Clause
mentioned in Article 10.03. There shall be no obligation for Mahagenco to take delivery
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of solar energy prior to commercial operation date, except that Mahagenco shall take all
energy produced during testing of the facility, without payment of any charges.
(i) the Facility is constructed in accordance with this Agreement and is ready to
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(ii) all permissions and approvals required for the Facility has been obtained by
XXXXXXXXX
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(iii) all Interconnection Facilities are available to receive Solar Energy from the
Facility including metering arrangement, transmission line, bay extension at grid
sub-station and it’s corresponding approval
Section 9.02.02
Such notice shall take effect and the Commercial Operations Date will be achieved following
MAHAGENCO’s declaration that all of the conditions set forth in this Section and Article 3
have been satisfied or waived off by MAHAGENCO.
(a) XXXXXXXXX has to complete the testing of the Facility in accordance with the
manufacturer’s recommendations successfully. XXXXXXXXX has to submit the
required testing reports, Certificates from the Electrical Inspector (GOM),
certificates from MEDA to the MSEDCL’s officer as may be designated
(b) XXXXXXXXX has delivered to the Mahagenco a list of the Facility’s equipment,
showing the make, model, serial number and certified the installed capacity of
the Facility;
(c) The Facility has achieved initial synchronization with the MSEDCL’s / State Grid
System and has demonstrated the reliability of its communications systems and
communications with the MSEDCL.
(d) XXXXXXXXX has operated the Facility without experiencing any abnormal or
unsafe operating conditions on any interconnected system;
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ARTICLE 10
[b] The tariff for Facility shall be strictly as per the lowest tariff quoted byXXXXXXXXX during
the reverse bidding of tender No.61485 as under.
Particulars
Tariff Levelised Tariff
Period
(Rs/kWh)
Solar PV 25 3.18
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Tariff is fixed and non-negotiable &will be applicable for entire period of the Agreement
i.e. 25 years from COD
[d] XXXXXXXXX shall design the Facility considering 19% yearly CUF for each individual
solar project. The 19% yearly CUF will be considered contracted CUF for first year and
thereafter, if the yearly CUF falls below threshold value of 19% of degraded capacity of
the Solar project (by considering the 0.77% per year linear degradation of PV modules),
SPD should take necessary measures to augment the plant and see that the CUF of
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19% and above is maintained. In the event of CUF falling below 25% than the
Contracted CUF, consecutively for more than 3 years, Mahagenco shall terminate PPA
on account of lower generation.
In case the project generates and supplies energy less than the energy corresponding to
the
contracted CUF, the SPD will be liable to pay to the Mahagenco, penalty for the shortfall in
availability below contracted CUF level.
The amount of such penalty shall be 25% (twenty-five per cent) of the cost of this shortfall in
energy terms, calculated at PPA tariff.
In case the availability is more than the maximum CUF specified, the SPD will be free to sell
it to any other entity provided first right of refusal will vest with the Mahagenco. In case the
Mahagenco purchases the excess generation, the same may be done at 75% (seventy-five
per cent) of the PPA tariff.
Repowering: The Solar Power Generators will be free to re-power their plants from time to
time during the PPA duration. However, the Procurer will be obliged to buy power only
within
the range of CUF (or CEQ, as relevant), specified in the PPA. Any excess generation will be
dealt as specified in above clause.
[e] The formula for purchasing Solar Energy and/or the quantum energy sold to the
MAHAGENCO shall be:
(ES) = EG - EAux .
Where:
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(ii) Title and risk of loss related to the Solar Energy and Test Energy shall transfer from
XXXXXXXXX to MAHAGENCO at the Interconnection Point.
a) After the scheduled commissioning date, if the plant is ready but the necessary power
evacuation/ transmission infrastructure is not ready, for reasons not attributable to the
Solar Power developer, leading to off take constraint, the provision for generation
compensation is as follows:
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However, it is clarified that if the plant is ready before COD, but Mahagenco is constrained
because of inadequate/ incomplete power evacuation infrastructure, no compensation shall
be permissible.
b) During the operation of the plant, there can be some periods where the plant can generate
power but due to temporary transmission unavailability the power is not evacuated, for
reasons not attributable to the Solar Power Developer. In such cases the generation
compensation shall be addressed by the Mahagenco in following manner:
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at the PPA tariff so as to offset this loss in the succeeding
3 (three) Contract years.
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Provided that as an alternative to the mechanism provided above in Clause 10.3.1, the Procurer
may choose to provide Generation Compensation, in terms of PPA tariff, for the Generation loss
as defined in Clause 10.3.1, and for Grid unavailability beyond 50 hours in a Contract Year as
defined in the PPA.
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The Solar Power Generator and the Procurer shall follow the forecasting and scheduling process
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as per the regulations in this regard by the Appropriate Commission. The Government of India, as
per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to
solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to
back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Back down
arises, except for the cases where the Back down is on account of events like consideration of
grid security or safety of any equipment or personnel or other such conditions, the Solar Power
Generator shall be eligible for a Minimum Generation Compensation, from the Procurer, in the
manner detailed below.
The Generation Compensation is to be paid as part of the energy bill for the successive month
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ARTICLE 11
[a] XXXXXXXXX covenants to operate the Facility as an integrated part of the System / grid.
[b] XXXXXXXXX covenants to operate and maintain the Facility in safe and reliable
operating condition and in compliance with Standard Utility Practices and within the
specified voltage and frequency ranges. XXXXXXXXX shall provide suitable automatic
disconnection arrangement for the Facility, in case the ranges of electrical
characteristics go outside the limits specified, due to the Grid/System constraints or due
to any other reason. MAHAGENCO shall not be responsible for any damages to
XXXXXXXXX’s equipment due to variation in voltage and frequency in Grid/ System and
MAHAGENCO shall not be liable to compensate XXXXXXXXX for any damages suffered
there from as XXXXXXXXX is responsible for installation of necessary protection system
to safeguard XXXXXXXXX s facility and isolation of MSEDCL Evacuation infrastructure
thereof
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[c] XXXXXXXXX will devise and implement a plan of inspection, maintenance and repair of
the Facility and the components thereof in order to maintain such equipment in a safe
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and reliable operating condition and in accordance with Standard Utility Practices, and
shall keep records with respect to such inspections, maintenance and repairs.
During the period of generation, XXXXXXXXX shall liaison and co-ordinate with the
Officer of the MAHAGENCO& MSEDCL as may be designated.
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[e] During the Term of this Agreement XXXXXXXXX shall arrange for testing of the
protection system at least once in a twelve month.
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[a] XXXXXXXXX shall comply with all outage-reporting requirements of MAHAGENCO &
MSEDCL
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[b] When Forced Outages occur, XXXXXXXXX shall notify the MAHAGENCO of the
existence, nature and expected duration of the Forced Outage as soon as practicable
after the Forced Outage occurs. XXXXXXXXX shall immediately inform Mahagenco of
changes in the expected duration of the Forced Outage unless relieved of this obligation
by MAHAGENCO & MSEDCL for the duration of each Forced Outage. For such forced
outage, Deemed generation clause will be applicable.
XXXXXXXXX shall maintain Operating Records at the Facility that contain an accurate and up
to date operating log, in electronic format, records of production, changes in operating status,
Scheduled Outages and Forced Outages and hourly average solar radiation during the Term
of this Agreement, including such records as may be required by MERC. MAHAGENCO may
examine the Operating Records and data kept by XXXXXXXXX at any time during the period
the records are required to be maintained, upon request and during normal business hours.
XXXXXXXXX shall provide the data of Generation, the Generation Forecast etc. to the state
Load Dispatch Centre. The data visibility system should be installed & in operation during the
PPA period by XXXXX (as per MERC norms)
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ARTICLE 12
[a] The ABT metering equipment(at Delivery point & at Grid System) which will be installed
by XXXXXXX, consisting of Main and Check Meters with separate CT and PT shall be
identical in make, technical standards and of 0.2s accuracy class and calibration and
comply with the requirements of Electricity Rules. The meters installed at the Metering
Point shall have four quadrants, three phases, four wires and provision for on line
reading and time slots as required by Mahagenco , MSEDCL& SLDC.
[c] XXXXXXXXX shall be responsible to operate the Facility as envisaged under the
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Agreement and to provide appropriate facility instrumentation and metering
arrangement to enable monitoring of Generation.
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Section 12.02 Testing of the Metering Equipment:
The Main and Check Meters shall be tested for accuracy, with a portable standard
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meter, by the MSEDCL Testing Division. The agency/Testing Division shall carry out the
calibration, periodical testing, sealing and maintenance of meters in the presence of the
authorized representative(s) of XXXXXXXXX and the representative(s) of MAHAGENCO
shall sign on the result thereof.
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All the meters will be tested only at the Metering Point. A copy of the test reports will be
provided to XXXXXXXXX
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[c] If during testing, both the Main and Check Meter are found within the permissible limit of
error i.e. 0.5%, the energy computation will be as per the Main Meter. If during test, any
of the Main Meters is found to be within the permissible limits of error but the
corresponding Check Meter is beyond the permissible limit; the energy computation will
be as per the Main Meter. The Check Meter shall be calibrated immediately.
If during the tests, the Main Meter is found to be beyond permissible limits of error, but
the corresponding Check Meter is found to be within the permissible limits of error, then
the energy computation for the month up to date and time of such test check shall be in
accordance with Check Meter. The Main Meter shall be calibrated immediately and the
energy for the period thereafter shall be as per the calibrated Main Meter.
[d] If during any of the monthly meter readings, the variation between the Main meter and
the Check meter is more than 0.5%, all the meters shall be re-tested and calibrated
immediately by XXXXXXXXX after expiry of initial warranty period.
[e] For all times the reading of the Main meter only will be considered except in rarest
conditions where the Check meter reading may be considered
a) The metering system shall be provided at Interconnection Point as per MERC metering
code.
b) XXXXXXXXX shall install the Weather Monitoring Stations in the solar power plant
area to measure major atmospheric parameters solar radiation, temperature, rainfall
etc. XXXXXXXXX shall maintain the weather data on daily basis so that it can be used
to cross check the actual generation vs solar radiation.
XXXXXXXXX shall pay all the costs and charges for the testing mentioned in Section
12.02 above. In the event, any of the meters require retesting/ calibration, additional
charges as applicable will be charged to XXXXXXXXX after expiry of initial warranty
period.
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[a] The meter readings at the Metering Point shall be undertaken jointly by Mahagenco &
MSEDCL and the authorized representative of the Seller on the 1st day of every month
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for the preceding month. The meter readings shall be jointly taken on 1st day of every
month. In case Mahagenco’ s or MSEDCL’s representative does not participate within 1st
3 days day of every month, the reading recorded &taken by Seller shall be final and
binding upon for accepting the invoice & making payment accordingly. Such Invoice will
not be treated as “Disputed Invoice” at all.
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[b] The Joint Meter Reading shall, this recorded shall be the basis &furnished to the Office
of the MAHAGENCO for further processing. The total units received for sale of Solar
Energy to MAHAGENCO will be ascertained by MAHAGENCO office on the basis of the
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ARTICLE –13
a) XXXXXXXXX shall raise a monthly energy bill based on the Joint Meter Readings
within the 7 (Seven days) from the date of joint meter reading to MAHAGENCO office.
XXXXXXXXX will send hard copies of these bills to the MAHAGENCO office by hand
delivery /courier/Post/email, the monthly energy bill showing all billing parameters,
rates and factors, and any other data reasonable pertinent to the calculation of monthly
payments to XXXXXXXXX in the format provided by MAHAGENCO. However, the
date of receipt of bill shall be the date of receipt of hard copy/email of bill to the
MAHAGENCO office.
The due date of payment shall be 60 (Sixty) days from the date of receipt of bill and will
be paid by account payee’s cheque or by RTGS/ Net Banking/ Bank Transfer in the
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name of XXXXXXXXX or authorized representative, in whose name power of attorney
is given by XXXXXXXXX.
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In case of delay in payment beyond the due date, MAHAGENCO shall be liable to pay
interest on such delayed payment at the rate of 1.25% per month
Mahagenco will provide the payment security as per MNRE guideline & Gazette
published on 3rd August 2017 which is either
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Letter of Credit
Payment Security Fund
State Govt. Guarantee
A. Letter of Credit
IRLC Value =1.05 x {(Capacity of the plant x 8760 x1000 x CUF) x Applicable Tariff} /
12.
Where CUF means capacity utilisation factor.
The amount of IRLC shall be reviewed each year on 1st April for determination of
average monthly billing and its amount shall be enhanced / reduced accordingly.
a. On the date it is issued, have a term equal to 1 (one) year but revolving for
the full term of this Agreement.
b. Be transferable or assignable to any lender of XXXXXXXXX.
c. Be payable as a payment security mechanism upon the execution and
presentation by the designated officer of XXXXXXXXX after the Due Date of
Payment provided it is supported by a copy of the Bill for which payment is
sought and a certificate by the designated officer of XXXXXXXXX that the Bill
remains unpaid.
d. Be reinstated to its original level after every valid draw by XXXXXXXXX
within 8 (eight) days.
e. The charges for opening, maintaining and operation of Letter of Credits shall
be borne by MAHAGENCO.
B. Payment Security Fund which shall be suitable to support payment for at least 3
(three) months’ billing of all the Projects tied up with such fund; Mahagenco is to
ascertain this to SPD
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Government Guarantee, in a legally enforceable form, ensuring that there is
adequate security to the Solar Power Generator, both in terms of payment of energy
The Billing and Payment records shall be maintained by XXXXXXXXX for the reconciliation by
the Corporate Office of MAHAGENCO on quarterly basis.
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Section 13.05 Disputed Bill:
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13.05.1 If the MAHAGENCO does not dispute a Monthly Bill raised by the other Party within
Thirty (30) days of receiving, such Bill shall be taken as conclusive.
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13.05.2 If the MAHAGENCO disputes the amount payable under a Monthly Bill it shall
pay the undisputed amount and it shall within thirty (30) days of receiving such
Bill, issue a notice (the "Bill Dispute Notice") to the invoicing Party against
disputed amount setting out:
13.05.3 If the XXXXXXXXX agrees to the claim raised in the Bill Dispute Notice issued
pursuant to Article 13.05.2, then XXXXXXXXX shall make appropriate adjustment
in the next Monthly Bill.
In such a case excess amount shall be refunded along with interest at the same
rate as Late Payment Surcharge, which shall be applied from the date on which
such excess payment was made by the MAHAGENCO and up to and including the
date on which such payment has been received as refund.
13.05.4 If the XXXXXXXXX does not agree to the claim raised in the Bill Dispute Notice
issued pursuant to Article 13.05.2, it shall, within thirty (30) days of receiving the
Bill Dispute Notice, furnish a notice ("Bill Disagreement Notice") to the disputing
Party providing:
13.05.5 Upon receipt of the Bill Disagreement Notice by the MAHAGENCO under Article
13.05.4, authorized representative(s) or a director of the board of directors/
member of board of the MAHAGENCO and XXXXXXXXX shall meet and make
best endeavors to amicably resolve such dispute within thirty (30) days of receipt
of the Bill Disagreement Notice.
13.05.6 If the Parties do not amicably resolve the Dispute within thirty (30) days of receipt
of Bill Disagreement Notice pursuant to Article 13.05.4, the matter shall be
referred to Dispute resolution in accordance with Article18.
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13.05.7 For the avoidance of doubt, it is clarified that despite a Dispute regarding an
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Invoice, the MAHAGENCO shall, without prejudice to its right to Dispute, be
under an obligation to make payment, of 50% of the Disputed Amount in the
Monthly Bill.
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Section 13.06 Reconciliation of bills & payments between Mahagenco &XXXXXXXXX:
Mahagenco &XXXXXXXXX will reconcile the bills & payment on quarterly basis as per the
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following way
Mahagenco will make payment to XXXXXXXXX as per Joint Meter Reading taken at the
metering point inside solar power plant as per unit tariff Rs 3.18/kWh
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ARTICLE 14
The occurrence of any one of the following shall constitute an event of default by the
XXXXXXXXX ("SELLER"):
(i) (A)The Financial Closing Date shall fail to occur within 12 months from date of signing of
Agreement or by the COD, whichever is later; (B) the Construction Commencement Date
shall fail to occur within 18 (Eighteen) months following the handing over of site land as
per the RFP ; or (C) the Commercial Operation Date of the Unit shall fail to occur within
stipulated period or such extended time as mutually agreed by XXXXXXXXX and
MAHAGENCO; or
(ii) XXXXXXXXX fails to comply with any material provision of this Agreement and such failure
shall continue uncured for 90 (ninety) days after notice thereof by MAHAGENCO, provided
that MAHAGENCO may exercise discretion to extend the period for compliances, on
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satisfaction of reasonable grounds; or
(iii)
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XXXXXXXXX (A) makes a general assignment or an arrangement or composition with or for
the benefit of its creditors, other than creation of charges on the Project as required by
Financing Arrangements, (B) or takes any action for the purpose of effecting the foregoing
or (C) files a voluntary winding-up petition under any bankruptcy or similar Law; or
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(iv) a proceeding or case shall be commenced against XXXXXXXXX, without the application or
consent of XXXXXXXXX, in any court of competent jurisdiction, seeking (A) its liquidation,
reorganization of its debts, dissolution or winding-up, or the composition or readjustment of
its debts other than in the course of amalgamation or reconstruction of XXXXXXXXX duly
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approved by MAHAGENCO and the Financing Parties, (B) the appointment of a receiver,
custodian, liquidator or the like of XXXXXXXXX or of all or any substantial part of its assets
or (C) similar relief in respect of XXXXXXXXX under any Law relating to bankruptcy,
insolvency, reorganization of its debts, winding-up, composition or adjustment of debts, and
such proceeding or case shall continue undismissed, or an order, judgement or decree
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approving or ordering any of the foregoing shall be entered and continue unstayed and in
effect, for a period of 180 days; or
(v) XXXXXXXXX shall permanently abandon the construction or operation of the Facility (other
than due to a Force Majeure Event) and within 30 days after receipt of notice from
MAHAGENCO asserting it intends to terminate this Agreement due to such abandonment,
XXXXXXXXX fails to start (and thereafter continue) good faith efforts to construct or operate
the Facility;
(vi) If XXXXXXXXX fails to supply Solar Energy for a continuous period of 3 (three) months for
due to the fault which are attributable to XXXXXXXXX and not due to Force Majeure event
or any other reason not attributable to XXXXXXXXX.
MAHAGENCO may terminate this Agreement by giving written notice of 60 (sixty) days in
advance to XXXXXXXXX of such breach after cooling period and MAHAGENCO's intention to
terminate this Agreement, as per termination procedure stipulated in section 5.05.
ii) MAHAGENCO fails to comply with any material provision of this Agreement (other than
with respect to the payment of money), and such failure shall continue uncured for 90
days after notice thereof by the MAHAGENCO, provided that XXXXXXXXX may exercise
discretion to extend the period for compliances, on satisfaction of reasonable grounds; or
iii) MAHAGENCO files a voluntary winding-up petition under any bankruptcy or similar Law;
or a proceeding or case shall be commenced against the MAHAGENCO, without the
application or consent of the MAHAGENCO, in any court of competent jurisdiction,
seeking (A) its liquidation, reorganization of its debts, dissolution or winding-up, or the
composition or readjustment of its debts other than in the course of amalgamation or
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reconstruction of the MAHAGENCO duly approved by the Seller and the Financing
Parties, (B) the appointment of a receiver, custodian, liquidator or the like of the
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MAHAGENCO or of all or any substantial part of its assets or (C) similar relief in respect
of the MAHAGENCO under any Law relating to bankruptcy, insolvency, reorganization of
its debts, winding-up, composition or adjustment of debts, and such proceeding or case
shall continue undismissed, or an order, judgement or decree approving or ordering any
of the foregoing shall be entered and continue un stayed and in effect, for a period of 180
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days.
(i) MAHAGENCO event of Default if any occurs and is continuing, XXXXXXXXX shall be
entitled to sell the Solar Energy other than MAHAGENCO, subject to compliance with the
Open Access Regulations as may be applicable from time to time. The STU and
Licensees shall facilitate such third party sale and enter into an Energy
Transmission/Wheeling Agreement with XXXXXXXXX to enable such third party sale. In
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such case the Site will continue to be leased out for the period of 25 (twenty five) years
from the date of COD
(ii) In the case of sale of Solar Energy to third party consumers under circumstances at (i)
above, subject to the relevant Open Access Regulations, the transmission charges and
wheeling charges and transmission loss and wheeling loss as may be determined by the
Commission separately from time to time, shall be applicable.
(iii) In the case of sale of Solar Energy to third party consumers or any entity other than
MAHAGENCO, MAHAGENCO will not be liable for any payments towards purchase of
Solar Energy or any other payments and MAHAGENCO will be absolved against payment
liabilities in respect of the sale of Solar Energy to third party consumers or any entity other
than MSEDCL.
(iv) MSEDCL will continue to ensure evacuation of Solar Energy beyond Interconnection Point.
(v) XXXXXXXXX may terminate this Agreement by giving written notice to MAHAGENCO of
such breach and MAHAGENCO's intention to terminate this Agreement, as per termination
procedure stipulated in section 5.05.
(vi) In case of breach of the material provisions of this Agreement by MAHAGENCO, due to
which the Agreement stands terminated and in spite of the efforts to supply the Solar
Power to third party XXXXXXXXX is unable to do so, then MAHAGENCO shall be liable to
pay such amount calculated based on the estimated generation calculated on the basis of
average of last 3 months billing and pay to XXXXXXXXX the revenue equivalent to 25
years billing.
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ARTICLE 15
[a] Each Party shall be responsible for the acts of its employees and will indemnify, defend
and hold the other Party harmless from any and all claim, damage or expense arising
out of or relating to:
(ii) Injury to or death of any of the indemnifying party's employees (except if caused by
the gross negligence of the other party) which such employee is on the premises of
the other Party pursuant to this Agreement.
[b] Neither Party shall be liable for any failure or delay on its part in performing any of its
obligations under this Agreement or for any loss, damages, costs, charges or expenses
incurred or suffered by the other Party by reason of such failure or delay, if and so far as
such failure or delay shall be the result of or arising out of Force Majeure.
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Section 15.02 Limitations on Damages:
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The Parties hereby confirm that the express remedies and measures of damages provided in this
Agreement satisfy the essential purposes hereof. For breach of any provision for which an
express remedy or measure of damages is provided, such express remedy or measure of
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damages shall be the sole and exclusive remedy and the obligor's liability shall be limited as
provided in such provision. If no remedy or measure of damages is expressly herein provided,
the obligor's liability shall be limited to direct actual damages only. Neither Party shall be liable to
the other Party for consequential, incidental, punitive, exemplary or indirect damages, lost profits
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or other business interruption damages by statute, in tort or contract (except to the extent
expressly provided herein).
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ARTICLE 16
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(ii) Violate any provision of law, rule, regulation, order, writ, judgment, injunction,
decree, determination or award currently in effect having applicability to
(iii)
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XXXXXXXXX or violate any provision in any formation documents of
XXXXXXXXX, the violation of which could have a material adverse effect on
the ability of XXXXXXXXX to perform its obligations under this Agreement;
(iv) Result in, or require the creation or imposition of any mortgage, deed of trust,
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[d] The execution and performance of this Agreement will not conflict with or constitute
a breach or default under any contract or agreement of any kind to which
XXXXXXXXX is a party or any judgment, order, statute, or regulation that is
applicable to XXXXXXXXX or the Facility.
[e] To the best knowledge of XXXXXXXXX, and except for those permits, consents,
approvals, licenses and authorizations mentioned in this Agreement, which
XXXXXXXXX anticipates will be obtained by XXXXXXXXX in the ordinary course of
business, all permits, consents, approvals, licenses, authorizations or other action
required by any Governmental Authority to authorize XXXXXXXXX 's execution,
delivery and performance of this Agreement have been duly obtained and are in full
force and effect.
[f] XXXXXXXXX shall comply with all applicable local, state and central laws,
regulations and ordinances, and all applicable central, state, and local environmental
laws and regulations presently in effect or which may be enacted during the Term of
this Agreement.
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ARTICLE 17
FORCE MAJEURE
Except for obligations to pay money and other accrued rights and obligations, the performance
of any obligation required hereunder shall be excused during the continuation of any Force
Majeure event suffered by the Party and the time for performance of any obligation that has
been delayed due to the occurrence of a Force Majeure event shall be extended by the number
of days of the Force Majeure event, provided, however, that the Party experiencing the delay
shall notify the other Party of the occurrence of such Force Majeure Event and the anticipated
period of delay within ten (10) days after the commencement of the Force Majeure Event,
provided, further that in no event, will any delay or failure of performance caused by any
conditions or events of Force Majeure extend this Agreement beyond its Term.
Each Party suffering a Force Majeure Event shall take, or cause to be taken, such action as
may be necessary to void, nullify, overcome or otherwise to mitigate in all material respects the
effects of any Force Majeure Event suffered by either of them and the Parties agree to meet to
seek and coordinate appropriate mitigation measures.
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ARTICLE 18
This Agreement and the rights and duties of the Parties hereunder shall be governed by and
construed, enforced and performed in accordance with the Laws of India. Any legal
proceedings in respect of any matters, claims or disputes under this Agreement shall be under
the jurisdiction of appropriate courts in Mumbai, India only.
Any disputes arising out of, in connection with or with respect to this Agreement, the subject
matter hereof, the performance or non-performance of any obligation hereunder, that cannot be
resolved by negotiation among the Parties within sixty (60) days.
In case the Parties are unable to resolve the disputes through mutual negotiation, the same
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shall be referred to arbitration conducted as per the provisions of Arbitration & Conciliation Act,
1996, or any subsequent enactment or amendment thereto, adjudicated by a sole arbitrator,
appointed by mutual agreement of the Parties.
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The cost of arbitration shall be shared equally by the Parties.
The decision of the Arbitrator(s) shall be final and binding upon the Parties.
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The venue of the arbitration shall be Mumbai.
ARTICLE 19
All risks, costs and efforts associated with the availing of carbon credits shall be borne by the
generating company XXXXXXXXX. Further, the entire proceeds of carbon credit from approved
CDM project, if any, shall be retained by the generating company.
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ARTICLE 20
NOTICES
All notices, requests, consent or other communication shall be addressed to the other Party at
the addresses noted below or such other address as shall be notified by a Party in writing to the
other Party. All such notices, requests, consent or other communication, unless otherwise
specified herein, shall be in writing and may be delivered by hand delivery, post, courier service
or by facsimile, or by electronic mail and at all times the Party serving the notice shall need to
retain the proof of delivery:
XXXXXXXXX.
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The Chief Engineer (SPGD),
Maharashtra State Power Generation Company Limited,
Prakashgad, Bandra (East),
Mumbai 400 051.
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All notices or communications if given by facsimile shall be followed by sending a copy of the
said notice via post office in an envelope addressed to the appropriate Party for delivery by
speed post or registered mail. All notices shall be deemed validly delivered upon receipt
evidenced by an acknowledgment of the recipient, unless the Party delivering the notice can
prove in case of delivery through the registered post that the recipient refused to acknowledge
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Any Party may by notice of at least 15(fifteen) days to the other Party change the address
and/or addresses to which such notices and communication to it are to be delivered or mailed.
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ARTICLE 21
MISCELLANEOUS
This Agreement may not be changed or amended unless such change or amendment shall be
in writing and signed by authorized representatives of the Parties.
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warranty, representation or endorsement by such Party.
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This Agreement constitutes the entire agreement between the Parties relating to the subject
matter of this Agreement and shall supersede all other prior and contemporaneous
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understandings or agreements, both written and verbal, between the Parties relating to the
subject matter of this Agreement.
Failure to enforce any right or obligation by any Party with respect to any matter arising in
connection with this Agreement shall not constitute a waiver as to that matter or any other
matter. Any waiver by any Party of its rights with respect to a default under this Agreement or
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with respect to any other matters arising in connection with this Agreement must be in writing
and shall not be effective unless the same is approved in writing by the other Party.
All indexes, titles, subject headings, section titles and similar items are provided for the purpose
of reference and convenience and are not intended to affect the meaning of the content or
scope of this Agreement.
XXXXXXXXX /MAHAGENCO shall not assign, transfer or otherwise dispose of any of its rights
or obligations under this Agreement, in whole or in part, without the prior written consent of the
other party.
Provided that, the Purchaser shall permit assignment of any of the Seller’s rights and
obligations under this Agreement in favour of the lenders to the Seller, if required under the
Financing Agreements.
This Agreement is not intended, and shall not be construed, to create any association, joint
venture, agency relationship or partnership between the Parties or to impose any such
obligation or liability upon either Party. Neither Party shall have any right, power, or authority to
enter into any agreement or undertaking for, or act as or be an agent or representative of, or
otherwise bind, the other Party.
The Parties acknowledge that they are entering into a long-term arrangement in which the
cooperation of both of them will be required. If, during the Term hereof, changes in the
operations, facilities or methods of either Party will materially benefit a Party without detriment
to the other Party, the Parties commit to each other to make reasonable efforts to cooperate
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and assist each other in making such change.
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Upon the receipt of a written request from the other Party, each Party shall execute such
additional documents, instruments and assurances and take such additional actions as are
reasonably necessary and desirable to carry out the terms and intent hereof. Neither Party shall
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unreasonably withhold condition or delay its compliance with any reasonable request made
pursuant to this Section 21.09.
This Agreement may be executed in several counterparts, each of which shall be an original
and all of which together shall constitute but one and the same instrument.
If any of the terms of this Agreement is finally held or determined to be invalid, illegal or void, all
other terms of the Agreement shall remain in effect; provided, however, that the Parties shall
enter into negotiations concerning the terms affected by such decision for the purpose of
achieving conformity with requirements of any applicable law and the intent of the Parties.
In the event a Change in Law results in any adverse financial loss/ gain to the Solar Power
Generator then, in order to ensure that the Solar Power Generator is placed in the same
financial position as it would have been had it not been for the occurrence of the Change in
Law, the Solar Power Generator/ Procurer shall be entitled to compensation by the other party,
as the case may be, subject to the condition that the quantum and mechanism of compensation
payment shall be determined and shall be effective from such date as may be decided by the
Appropriate Commission.
In these Guidelines, the term Change in Law shall refer to the occurrence of any of the
following events after the last date of the bid submission, including (i) the enactment of any new
law; or (ii) an amendment, modification or repeal of an existing law; or (iii) the requirement to
obtain a new consent, permit or license; or (iv) any modification to the prevailing conditions
prescribed for obtaining an consent, permit or license, not owing to any default of the Solar
Power Generator; or (v) any change in the rates of any Taxes, duties, cess, Surcharge and
levies which have a direct effect on the Project. However, Change in Law shall not include any
change in taxes on corporate income or any change in any withholding tax on income or
dividends.
If there is any Change in Law affecting the Project cost of the Seller, than the Seller shall notify
the Purchaser in writing describing in reasonable detail the events constituting a Change in
Law and the impact it has or would have on the Seller’s Project cost. Following such
notification, such an increase in amount as would sufficiently compensate the Seller for the
adverse effects on Project cost caused by the Change in Law, in order to ensure that the
Seller is placed in the same financial position as it would have been had it not been for the
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occurrence of the Change in Law will be made by the Purchaser. The Purchaser may request
the Seller to provide such additional information or document as it deems necessary to verify
the effect of Change in Law on the Project cost
Section21.15 Confidentiality:
The Parties undertake to hold in confidence this Agreement and not to disclose the terms and
conditions of this transaction contemplated hereby to third parties, except:
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Section21.16 Language:
All agreements, correspondences and communication between the Parties relating to this
Agreement and all other documentation to be prepared and supplied under the Agreement shall
be written and in English, and the Agreement shall be construed and interpreted in accordance
with English language.
The terms and conditions approved by MERC in their order as well as the terms and conditions,
if any, laid by MEDA in their approval regarding IC registration shall be incorporated in PPA &
PSA.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET AND SUBSCRIBED THEIR
RESPECTIVE HAND TO THESE PRESENTS ON THE DAY, MONTH AND YEAR WRITTEN
HEREINBELOW
XXXXXXXXX: MAHAGENCO:
[■] [■]
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By: _________________________ By: _________________________
Name:
Title:
Date:
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Title:
Date:
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Witness: Witness:
1. 1.
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2. 2.
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EXHIBIT A
FACILITY DESCRIPTION
(To be prepared as per MNRE Guidelines for the purpose of obtaining approval by
Mahagenco)
To be filled by XXXXXXXXX
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10. AC/DC/AC System (Yes/No) DC to AC system
11. Rated voltage (V) As per Design
12.
13.
14.
Auxiliary Consumption (kWh)
Reactive Energy requirement
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Units to be generated per annum (kWh) at 1.66 million units per year per MW.
projected CUF
As Applicable
NIL
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15. Capacity Utilization Factor (CUF) % 19%
Similar tables to be made by Mahagenco/MSEDCL for their scope separately & to be provided
toXXXXXXXXX in order to prepare a consolidated list, if required
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Distance
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Note:
Above site locations are tentative proposed locations and Mahagenco have sole rights to add,
delete or cancel any or all locations without assigning any reasons.
Minimum project size will be 2MW however, Mahagenco has sole rights to increase or
decrease the capacity of one or more above projects.
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Annexure A
7. Change in law:
a. "Change in Law" shall refer to the occurrence of any of the following events after the
last date of the bid submission, including (i) the enactment of any new law; or (ii) an
amendment, modification or repeal of an existing law; or (iii) the requirement to obtain
a new consent, permit or license; or (iv) any modification to the prevailing conditions
prescribed for obtaining an consent, permit or license, not owing to any default of the
Solar Power Generator; or (v) any change in the rates of any Taxes, Duties and Cess
which have a direct effect on the Project. However, Change in Law shall not include
any change in taxes on corporate income or any change in any withholding tax on
income or dividends.
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b. Relief for Change in Law
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In the event a Change in Law results in any adverse financial loss/ gain to the Power
Producer then, in order to ensure that the Power Producer is placed in the same financial
position as it would have been had it not been for the occurrence of the Change in Law,
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the Power Producer/ Procurer shall be entitled to compensation by the other party, as the
case may be, subject to the condition that the quantum and mechanism of compensation
payment shall be determined and shall be effective from such date as may be decided by
the MERC.
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(i) If a Change in Law results in the Power Producer’s costs directly attributable
to the Project being decreased or increased by one percent (1%), of the
estimated revenue from the Electricity for the Contract Year for which such
adjustment becomes applicable or more, during Operation Period, the Tariff
Payment to the Power Producer shall be appropriately increased or decreased
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Annexure-21
750 MW Cumulative Capacity with additional capacity of 250 MW under Green Shoe option (Tender Code-71217)
Sr.No District Block No Capacity Total Capacity
A Kokan Region
1 Thane
2 Palghar K1 50 MW
3 Raigad 100 MW
4 Ratnagiri
K2 50 MW
5 Sindudurg
Western Maharashtra
B Region
1 Pune W-1 50 MW
2 Ahmednagar
3 Solpur W-2 50 MW
200 MW
4 Sangali W-3 50 MW
5 Satara
W-4 50 MW
6 Kolhapur
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C Marathwada
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1 Aurangabad
2 Jalna M-1 50
3 Beed
4 Latur
M-2 50 150 MW
5 Osmanabad
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6 Hingoli
7 Parbhani M-3 50
8 Nanded
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D Vidarbha Region
1 Nagpur
2 Wardha V-1 50 MW
3 Bhandara
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4 Gondia
5 Chandrapur V-2 50 MW
6 Gadchiroli 200 MW
7 Washim
8 Buldhana V-3 50 MW
9 Yavatmal
10 Akola
V-4 50 MW
11 Amravati
E Northern Maharashtra
1 Jalgaon
N-1 50 MW
2 Nashik
100 MW
3 Dhule
N-2 50 MW
4 Nandurbar
Maharashtra State Power Generation Co Ltd
e_tendering Cell
This Section is applicable to all Power Stations Thermal, Hydro & Gas
SAFETY TERMS & CONDITIONS
1. Compensation: Safety of your workers and staff is your sole responsibility & you will arrange to pay full compensation
to your workers/staff. In case of accident to any of them and in any circumstances MSPGCL will not be responsible for
and liable to pay any compensation as per WORKMENS COMPENSATION ACT.
2. Competency / Excellence: Contractor should deploy competent workers for the particular job and he should utilize
authorized his workers for carrying the electrical works such as welding, grinding and other works carried out by
electrical equipments. Contractor should submit the list of his workers deployed for the job and list of workers who
are authorized for carrying electrical works to the concerned section head for verification of competency of their
workers, before starting the work as per the rules 1951.
3. Electrical Safety:
3.1. Every portable electrical tool should be used with three pin plugs and three wire systems to avoid electric shock
while at work proper earthing should be checked both at supply end and at tool end before commencement of
work.
3.2. Three wire sockets and properly insulated portable electrical boards with fuses & with earth leakage circuit
breaker are to be used by contractor. On/Off switch should be connected in the live wire and no it in neutral wire.
3.3. Colour coding of three wire system should be below. Red: Live, Grey / Black: Neutral, Green: Earth.
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3.4. Only 24 volt hand lamps to be used at confined spaces lying at turbine, boiler, coal mills, grills, structures, coal
handling plant, Conveyor belts etc
4. Fire Safety:
4.1.
4.2.
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The contractor should keep ready two buckets of water while carrying out welding work. One bucket is to be used
for quenching fire if occurs. Last bit of electrode should be dropped in the second bucket with water to ensure
that red‐hot electrode does not cause any fire.
Contractor should ensure provision of Cover/curtain in the hazardous area, so that hot petals of metal (molten
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metal) do not cause any fire. This is particularly necessary while carrying out welding /gas cutting at high elevation
on grills, in coal handling plants etc.
4.3. Single piece cable (without joints) should be used during welding work to avoid the fire through cable joint.
5. Medical:
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5.1. In case of injury of person, arrangement for shifting of the injured person for medical treatment is to be made
immediately by the contractor.
5.2. The contractor should keep "First aid box" ready at site.
6. Penalty: If any of our officer, supervisor finds that, you & your employees are not following the safety rules and
regulation including use of personnel protective equipments at site; he is authorized to stop your work immediately. In
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case of violation of safety rules, you shall be liable to pay penalty up to Rs. 1000.00 for first violation and up to Rs.
3000.00 for second violations. For the third violation of rules the order may be terminated or you may be declared
debarred for the further contract up to period of one year. For violation of fire safety the contract will be terminated
immediately and the contractor will not be considered for further contract.
7. Safety Appliances / Equipments : Contractor shall provides required safety appliances / equipments to their workers
like safety shoes, helmet, goggles, welding screen, safety belts, hand‐gloves etc. depending upon the working condition
and nature of the work in hand. You shall arrange the appliances / equipments at your own cost.
8. Scrap Removal: All type of scraps to be removed immediately from the work spot for maintaining cleanliness.
9. Supervisors: Adequate Nos. of supervisors to be appointed by the contractor to ensure all safety provisions and use of
personnel protective equipments by contractor workers.
10. Testing of T & P / Equipment: Contractor should maintain history register of their lifting tools and tackles, such as
chain pulleys blocks, slings, tirfor etc. and these are to be tested by competent persons authorized by Director of
Industrial Safety & Health Mumbai, as per Maharashtra Factory Rule (96). Copy of the test certificate should be
submitted to Safety Officer.
TECHNO-COMMERCIAL BID
BID DOCUMENTS
S No. Document Name Document Details
1 DOC1 * Annexure 1:Eligibility of offer
2 BANK DETAILS * Annexure.XVII -List of Bankers
3 DOC10 * Annexure.XV- Contract Performance security
4 DOC9 * Annex. XVI- Undertaking for Financial requirement
5 DOC8 * Annex. XIV- Checklist
6 DOC7 * Annex. XIII- Certificate of relationship
7 DOC6 * Annex. XII- Disclosure
Annexure I - Bank Guarantee Against Bid Security
8 Annex.XI- Bid security
(EMD) *
9 DOC5 * Annex. X- format for B.R.
Annex. IX- undertaking of financialiy evaluated
10 DOC4 * entity
Annexure VIII(B) - Undertaking By Authorised
11 Annex.VIII- Format for undertaking
Indian Representative *
y
12 QR1 * Annex.VII- Q.r. As per Clause 11
13
14
Annexure VIII(A) - Authorisation of Indian
Representative *
DOC3 *
op Annex.VI. -Authorization
Annex.V- Bidders composition & Ownership
Structure
15 DOC2 * Annex.IV- Consent from consortium
C
16 Annexure XIII - Consortium Agreement * ANNEX.III- Consortium Agreement
Annexure II-A & II-B - Power of Attorney (For
17 Annex-II: Power of Attorny
Authorized signatory) and (For Consortium) *
18 QR2 * Annexure.XVIII- Format for financial Proposal
eb
ITEM DETAILS
Specification
Drawing
Version
Req. from
S. No.
Unit
Vendors
SERVICES<>SOLAR<>SOLAR POWER
PROJECT<>SOLAR POWER PROJECT
ON PPP/EPC/BOOT
BASIS<>SELECTION OF SOLAR
033-35-002- POWER DEVELOPER FOR DESIGN, No Documents
1 WORKS 01.00 KWH 0 No No N.A.
006-0001 * ENGINEERING, MANUFACTURE, Selected
SUPPLY, ERECTION, TESTING AND
COMMISSIONING OF CUMULATIVE
CAPACITY GRID INTERACTIVE SOLAR
PV POWER PLANT IN MAHARASHTRA
* - Indicates Mandatory Item to Quote (or to participate in tender)
PRICE BID
BID DOCUMENTS
NOT REQUIRED
FORMULA DETAILS
Category Name Formula
RATEPERUNIT+TOTALGSTINRUPEESONRATEPERUNIT+TRANSPOTATIONCHARGE
SINRUPEES+TOTALGSTINRUPEESONTRANSPOTATIONCHARGES+CONSULTANCY
WORKS CHARGESINRUPEES+TOTALGSTINRUPEESONCONSULTANCYCHARGES+TOANDF
ROCHARGESINRUPEES+TOTALGSTINRUPEESONTOANDFROCHARGES+TRANSITI
NSURANCEINRUPEES+TOTALGSTINRUPEESONTRANSITINSURANCE
y
op
C
eb
W
y
op
C
eb
W