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RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 1 of 14	
  
Tender for procurement of
upto 250 MW firm power under
Short Term Power by
Global Energy Private Limited
for supply to it’s Consumers in
Western Region
RFP No.: Dec/2015/HT/11
Date of RFP: December 21, 2015
Last Date of Bid Submission: 04 January 2016
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 2 of 14	
  
1. Introduction & Background:
Global Energy Private Limited invites Bids directly from Generators, Captive Power Plants
with min. 100MW Installed capacity for supply of firm power on Short Term basis to
GEPL’s HT Consumers in Western Region, as specified in Annexure – I (“General Terms
and Conditions”).
This notice of Bid, together with the Annexure herein shall be referred to as the "Bid
Document".
2. Minimum Bid capacity at Delivery Point:
Minimum bid capacity should be 100 MW. The contracted power shall be scheduled at
the Delivery point (as defined in Annexure-I “General Terms and Conditions”) by the
Successful Bidder (Bidder). Approved Quantum shall be treated as power delivered to
GEPL subject to following: In case of Transmission System Constraint / Corridor
Congestion, the Approved Quantum shall be deemed as the Contracted capacity for
such duration.
It is to clarify that bids with ”upto ----- MW” quotation shall be rejected.
3. Submission of Bid:
The Bid shall comprise of the following two parts:
PART “A” – Unconditional Acceptance & Authorized:
a. Unconditional acceptance on "General Terms and Conditions for Sale of power by
Bidders" as set out in Annexure-I.
b. Board Resolution, authorizing person signing the Bid as Annexure-II
PART “B”– Financial Bid
a. The Bidder shall submit Financial Bid duly signed by the Authorized person as at
Annexure III
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 3 of 14	
  
Bidders should note:
The Bid document clearly stating Part-A & Part-B (Separately Scanned copies) is to
be submitted by Email only on or before 03-Jan-2016 by 1400 Hrs to the
following:
Amit Kumar
Sr. Vice President-Business Development
M/s. Global Energy Private Limited
6th
Floor, Le Meridian Commercial Tower
Raisina Road, New Delhi- 110001
Email: amitkumar@globalenergy.net.in
Any clarification regarding bid may be sought by email on or before 24th
December
2015 by mailing on crm@globalenergy.net.in
4. Compliance to the Terms and Conditions:
The Bidders are advised to ensure that the bid is fully compliant with the requirements
specified. No deviation from these conditions is permissible and GEPL reserves the right
to reject any such bid with any deviations.
5. Bid Validity Period:
The offer shall remain valid for a period of 30 days from the date of submission of bid
(“Bid Validity Period”) and the Bidders shall have no right to withdraw the offer or alter
any terms and conditions during the period of validity.
6. Modification of the Bid Documents:
GEPL reserves the right to modify terms and conditions of the Bid Documents prior to
the submission of the bid by the bidder by issuing amendment(s) and such
amendment(s) shall formed part of bid documents.
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 4 of 14	
  
7. General Terms and Condition:
Terms and conditions for sale of power by bidders shall be as under:-
I. Quantum:
Bidding for sale of power on firm basis will be for following months:
Duration Period in Hour Quantum Min. Bidding Qtm.
April 2016
Round the Clock
(RTC) (00:00 –
24:00)
250 MW#
100 MW from
Single Source
May 2016
June 2016
July 2016
August 2016
September 2016
October 2016
November 2016
December 2016
January 2017
February 2017
March 2017
#
Pls. refer to sub clause VII under clause 9 General Terms & Condition
a. Bidders are required to quote entire quantum from single generation source only.
b. The contracted capacity shall be scheduled at Delivery point as specified in the bid
document. The Approved Quantum of the RLDC/SLDC (as case maybe) shall be
treated as power delivered to GEPL subject to following:
a. In case of Generator outages, power shall be arranged from alternate source at the
same rate as indicated in the LOI /PPA
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 5 of 14	
  
b. If implemented schedule is less than the Approved Quantum subject to clause 11 of
this document, the Bidder shall pay compensation as per clause 11 of General
Terms and Conditions.
c. In case of Transmission system Constraint / Corridor Congestion, and restrictions
imposed by SLDC or ___, then the Implemented Schedule shall be deemed as the
Contracted capacity for such duration.
II. Delivery Point:
The delivery point shall be Interconnection point of Maharashtra state transmission
system i.e. MSETCL Periphery
III. Tariff:
a. Tariff for the offered power shall be quoted by bidder in the manner as per
“Financial Bid” in Annexure-III. The bidder shall quote the Single Part Tariff at the
Delivery Point up to two (2) decimals inclusive of all taxes, duty, cess etc. imposed
by Central Govt. / State Govt. / Local bodies upto delivery point.
b. The Bidder shall participate in all the months. Part months supply bids shall not be
entertained
c. The tariff should be fixed and there shall be no escalation during the contracted
period.
d. If the power is being supplied through alternative source due to any reason, any
additional charges and losses if any, due to cancellation of existing corridor and
booking of new corridor etc., shall be solely to the account of bidder only.
IV. Application for Short Term Open Access:
Buyer Consumer/Trader as the case may be shall make necessary applications to
secure Short Term Open Access for the quantity of power as per LOI in terms with
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 6 of 14	
  
the Short Term Open Access Regulations of CERC/MERC.
V. Transmission Charges & Transmission Losses and SLDC charges:
The Transmission Charges & Losses and POC charges and POC losses for Injection
and Withdrawal (if applicable) shall be borne by Generator upto the Delivery Point.
VI. Billing Cycle, Payment terms & Payment Security Mechanism:
Option 1:
a. Billing Cycle: Bidder shall raise 10 days equivalent bills on provisional basis
based on approved schedules issued by RLDC/SLDC. For Intra-state generators
daily SLDC Schedule would be the basis for billing purposes. For the purpose
of billing, the month shall be divided into three billing cycle viz. 1st
to 10th
and
11th
to 20th
and 21st
to last day of the month.
The provisional bills shall be subjected to final adjustment at the end of the
month on the basis of final REA issued by concerned RPC or final schedule
issued by SLDC in case of intrastate generator.
b. Payment Terms: GEPL shall make advance payment within 2 working days
(due date) after the date of receipt of 10 days provisional bills through e-mail
excluding the day of receipt of such bills. Bidders shall allow 3 % rebate on
Bill(s) amount on sale price for the payment made within due date after the
date of receipt of such bills, excluding the day of receipt. In case the due date
falls on a Sunday or a bank holiday then payment would be made on next
working day.
c. PSM: This option will be on advance payment mode so no PSM shall be
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 7 of 14	
  
provided to Bidded.
Option 2:
a. Billing Cycle: Bidder shall raise weekly bills on provisional basis based on
approved schedules issued by RLDC/SLDC. For Intra-state generators daily
SLDC Schedule would be the basis for billing purposes. For the purpose of
billing, the month shall be divided into four billing cycle viz. 1st
to 8th
and 9th
to
16th
, 17th
to 24th
and 25th
to last day of the month.
The provisional bills shall be subjected to final adjustment at the end of the
month on the basis of final REA issued by concerned RPC or final schedule
issued by SLDC in case of intrastate generator.
b. Payment Terms: GEPL shall make payment to bills within 7 days from receipt
of bills through email. Bidders shall allow 2% prompt payment rebate on Bill(s)
amount for the advance payment made on day ahead basis. For any delay in
payment, GEPL shall pay a late payment surcharge of 15% per annum to be
calculated on per day basis.
c. PSM: GEPL shall provide Bank Guarantee for 19 Days equivalent billing as
standby payment security mechanism to be remaining valid for entire duration
of contract.
VII. Special Condition:
Min. monthly off-take will be 200MW and daily schedule variation of upto 15% of
cumulative quantum
VIII. Compensation:
a) Compensation payable by Bidder to GEPL (as applicable)-
Without prejudice to the provisions of Force Majeure, if the successful Bidder fails
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 8 of 14	
  
to schedule 85% of the energy for which Open Access is granted on daily basis,
then the Bidder shall pay compensation at the rate of Rs.9.00/kWh for the
difference (shortage) quantity.
b) Compensation payable GEPL to Bidder (as applicable)-
Without prejudice to the provisions of Force Majeure, if GEPL fails to avail 85% of
the energy for which Open Access is granted on monthly basis, then GEPL shall
pay compensation at the rate of 2.00 Rs./kWh for the difference (shortage)
quantity.
c) Settlement of Compensation Amount (as applicable)-
The payment for the compensation and the loss of open access charges shall be
settled within 7 days from the date of claim, however for avoidance of doubt the
regular energy bills shall be kept separate for settlement and same not to be
merged/mixed for payments by GEPL.
IX. Force Majeure - Force Majeure events shall include but not limited to:
a. Any restriction imposed by RLDC/SLDC in scheduling of power due to
Transmission/ Grid Constraint.
b. Act of God, including, but not limited to lighting, drought, fire and explosion (to
extent of origination from a source external to the site), earthquake, volcanic
eruption, landslide, flood, cyclone, typhoon, tornado of exceptionally adverse
weather conditions.
c. Any act of war (whether declared or undeclared), invasion, revolution, armed
conflict or act of foreign enemy, blockade, embargo, not, insurrection, terrorist of
military action.
d. Change in Law/change in Regulation debarring the parties to perform the activities
under this offer.
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 9 of 14	
  
X. Dispute Resolution:
a. In case of any dispute by either party, the parties shall try to resolve the dispute
amicably.
b. In the event of the dispute between the Parties fails to be resolved through mutual
discussions amongst Parties concerned within one month, any Party may by a
written notice of 30 days to the other Party refer the dispute for arbitration. The
party having a grievance shall appoint an arbitrator of his own choice and serve a
notice on the other party/parties asking them to appoint an arbitrator of their
choice within 30 days.
c. The appointed arbitrators shall then appoint a Presiding Arbitrator. The arbitration
proceedings shall be held at New Delhi in accordance with the provisions of the
Arbitration and Conciliation Act, 1996 or any statutory modification or re-
enactment thereof. The arbitration proceedings shall be conducted in the English
Language and courts in Delhi shall have exclusive jurisdiction in respect of any
dispute arising hereunder.
d. Notwithstanding the existence of any disputes and difference referred to
arbitration, the parties’ hereto shall continue to perform their respective obligation
under this agreement.
XI. Jurisdiction:
This Agreement shall be governed and interpreted by and construed in accordance
with the laws of India and the Court of New Delhi and shall have exclusive
jurisdiction in all matters under this Agreement.
8. Confidentiality:
Bidders shall treat the Bid Documents and contents therein as strictly confidential. It is
clarified that for a period of 40 days no disclosures of the Bid Document should be made
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 10 of 14	
  
about the contents of this offer / Letter / Notice Inviting Bids (NIB) together with all its
Annexure and Schedules by the Bidder(s) to any third person
9. GEPL right to accept/reject the bid:
GEPL reserves the right to reject any or all bids or to accept any bid in full or part, at its
sole discretion, without assigning any reasons whatsoever thereof. For the avoidance of
doubt, it is clarified that GEPL also reserves the right to alter the quantities of power /
split the quantities of power, amongst more than one selected bidder for the same
period in either of the Blocks. The decision of GEPL shall be final and binding on the
bidders in this regard.
The offer shall be for a firm quantum only.
Such acceptance / rejection of any or all bids or alteration of the quantities of power /
splitting of quantum of power, amongst more than one selected bidder shall not make
GEPL liable to any claim or action of whatever nature, including but not limited to, a
claim for reimbursement of costs incurred by any such bidder in preparation of the bid.
10.Change of Law: No Claim on extra compensation based on change of law. Change of
Law shall include:
a. Any change in Transmission charges and open access charges till Delivery Point
b. Any change in taxes (excluding income tax), duties, cess or introduction of any tax,
duty, cess made applicable for supply of power by the seller till Delivery Point.
11.Governing Law: All matters arising out of or in conjunction with the RFP Document and
/or the bidding process shall be governed by and construed in accordance with Indian
Law and courts of New Delhi shall have exclusive jurisdiction.
12.Disclaimer: Neither GEPL nor its employees or consultants shall be liable to any Bidder
or any other person under any law including the law of contract, tort, the principles of
restitution or unjust enrichment or otherwise for any loss, expense or damage which
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 11 of 14	
  
may arise, or be incurred, or suffered, in connection with the bid, or any matter that
may be deemed to form part of the RFP document or any other information supplied by
or on behalf of GEPL or its employees or consultants. For the avoidance of doubt it is
expressly clarified that this RFP Document is an invitation to offer to the interested
bidders for inviting their bids and is subject to the acceptance of the offer of the
successful bidder(s) and the issue of the award of letter of Intent (LoI) by GEPL and
acceptance thereof by the successful bidder(s) and subsequent execution of the PPA by
and between GEPL and the successful bidder(s).
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 12 of 14	
  
Annexure I
Unconditional Acceptance
[To be given on the official letter head of the Bidder’s]
To,
Sr. Vice President-Business Development
M/s. Global Energy Private Limited
6th
Floor, Le Meridian Commercial Tower
Raisina Road, New Delhi- 110001
Email: amitkumar@globalenergy.net.in
Sub: Unconditional acceptance to Bid Condition
Dear Sir,
We have carefully gone through the Bid Document and satisfied ourselves and hereby
confirm that our offer strictly conform(s) to the requirements of the Bid Document and
all the terms and conditions are acceptable to us without any deviation for entire
duration of contract.
We confirm that all the terms and conditions of our Bid are valid for acceptance for a
period of Thirty (30) days from the Bid Submission Date.
(Authorized Signatory)
Name of Authorized Signatory:
Designation:
Official Seal of the Bidding Company
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 13 of 14	
  
Annexure-II
Board Resolution
(To be given on the official letter head of the Bidder’s)
For authorizing person signing the Bid
RFP	
  For	
  250MW	
  Power	
  Procurement	
  from	
  Conventional	
  energy	
  Generators/IPPs/CPPs	
  by	
  GEPL	
  
RFP:	
  DEC/2015/HT/11	
  
Page 14 of 14	
  
Annexure III
Financial Bid
(To be given on the official letter head of the Bidder’s)
	
  	
  	
  	
  	
  	
  Quantum	
  and	
  Rate	
  of	
  Power	
  Offered	
  on	
  Firm	
  Basis	
  during	
  the	
  Contracted	
  Period.	
  
Duration Period in Hour Quantum Bid Qtm.
Tariff at
Delivery Point
April 2016
Round the
Clock (RTC)
(00:00 –
24:00)
250 MW#
May 2016
June 2016
July 2016
August 2016
September 2016
October 2016
November 2016
December 2016
January 2017
February 2017
March 2017
Signature of Authorized Representative along with the name, designation and
official seal of the Bidding Company
Signature:
Name:
Designation:
Official Seal of the Bidding Company:

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Rfp 250 mw fy16 17

  • 1. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 1 of 14   Tender for procurement of upto 250 MW firm power under Short Term Power by Global Energy Private Limited for supply to it’s Consumers in Western Region RFP No.: Dec/2015/HT/11 Date of RFP: December 21, 2015 Last Date of Bid Submission: 04 January 2016
  • 2. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 2 of 14   1. Introduction & Background: Global Energy Private Limited invites Bids directly from Generators, Captive Power Plants with min. 100MW Installed capacity for supply of firm power on Short Term basis to GEPL’s HT Consumers in Western Region, as specified in Annexure – I (“General Terms and Conditions”). This notice of Bid, together with the Annexure herein shall be referred to as the "Bid Document". 2. Minimum Bid capacity at Delivery Point: Minimum bid capacity should be 100 MW. The contracted power shall be scheduled at the Delivery point (as defined in Annexure-I “General Terms and Conditions”) by the Successful Bidder (Bidder). Approved Quantum shall be treated as power delivered to GEPL subject to following: In case of Transmission System Constraint / Corridor Congestion, the Approved Quantum shall be deemed as the Contracted capacity for such duration. It is to clarify that bids with ”upto ----- MW” quotation shall be rejected. 3. Submission of Bid: The Bid shall comprise of the following two parts: PART “A” – Unconditional Acceptance & Authorized: a. Unconditional acceptance on "General Terms and Conditions for Sale of power by Bidders" as set out in Annexure-I. b. Board Resolution, authorizing person signing the Bid as Annexure-II PART “B”– Financial Bid a. The Bidder shall submit Financial Bid duly signed by the Authorized person as at Annexure III
  • 3. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 3 of 14   Bidders should note: The Bid document clearly stating Part-A & Part-B (Separately Scanned copies) is to be submitted by Email only on or before 03-Jan-2016 by 1400 Hrs to the following: Amit Kumar Sr. Vice President-Business Development M/s. Global Energy Private Limited 6th Floor, Le Meridian Commercial Tower Raisina Road, New Delhi- 110001 Email: amitkumar@globalenergy.net.in Any clarification regarding bid may be sought by email on or before 24th December 2015 by mailing on crm@globalenergy.net.in 4. Compliance to the Terms and Conditions: The Bidders are advised to ensure that the bid is fully compliant with the requirements specified. No deviation from these conditions is permissible and GEPL reserves the right to reject any such bid with any deviations. 5. Bid Validity Period: The offer shall remain valid for a period of 30 days from the date of submission of bid (“Bid Validity Period”) and the Bidders shall have no right to withdraw the offer or alter any terms and conditions during the period of validity. 6. Modification of the Bid Documents: GEPL reserves the right to modify terms and conditions of the Bid Documents prior to the submission of the bid by the bidder by issuing amendment(s) and such amendment(s) shall formed part of bid documents.
  • 4. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 4 of 14   7. General Terms and Condition: Terms and conditions for sale of power by bidders shall be as under:- I. Quantum: Bidding for sale of power on firm basis will be for following months: Duration Period in Hour Quantum Min. Bidding Qtm. April 2016 Round the Clock (RTC) (00:00 – 24:00) 250 MW# 100 MW from Single Source May 2016 June 2016 July 2016 August 2016 September 2016 October 2016 November 2016 December 2016 January 2017 February 2017 March 2017 # Pls. refer to sub clause VII under clause 9 General Terms & Condition a. Bidders are required to quote entire quantum from single generation source only. b. The contracted capacity shall be scheduled at Delivery point as specified in the bid document. The Approved Quantum of the RLDC/SLDC (as case maybe) shall be treated as power delivered to GEPL subject to following: a. In case of Generator outages, power shall be arranged from alternate source at the same rate as indicated in the LOI /PPA
  • 5. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 5 of 14   b. If implemented schedule is less than the Approved Quantum subject to clause 11 of this document, the Bidder shall pay compensation as per clause 11 of General Terms and Conditions. c. In case of Transmission system Constraint / Corridor Congestion, and restrictions imposed by SLDC or ___, then the Implemented Schedule shall be deemed as the Contracted capacity for such duration. II. Delivery Point: The delivery point shall be Interconnection point of Maharashtra state transmission system i.e. MSETCL Periphery III. Tariff: a. Tariff for the offered power shall be quoted by bidder in the manner as per “Financial Bid” in Annexure-III. The bidder shall quote the Single Part Tariff at the Delivery Point up to two (2) decimals inclusive of all taxes, duty, cess etc. imposed by Central Govt. / State Govt. / Local bodies upto delivery point. b. The Bidder shall participate in all the months. Part months supply bids shall not be entertained c. The tariff should be fixed and there shall be no escalation during the contracted period. d. If the power is being supplied through alternative source due to any reason, any additional charges and losses if any, due to cancellation of existing corridor and booking of new corridor etc., shall be solely to the account of bidder only. IV. Application for Short Term Open Access: Buyer Consumer/Trader as the case may be shall make necessary applications to secure Short Term Open Access for the quantity of power as per LOI in terms with
  • 6. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 6 of 14   the Short Term Open Access Regulations of CERC/MERC. V. Transmission Charges & Transmission Losses and SLDC charges: The Transmission Charges & Losses and POC charges and POC losses for Injection and Withdrawal (if applicable) shall be borne by Generator upto the Delivery Point. VI. Billing Cycle, Payment terms & Payment Security Mechanism: Option 1: a. Billing Cycle: Bidder shall raise 10 days equivalent bills on provisional basis based on approved schedules issued by RLDC/SLDC. For Intra-state generators daily SLDC Schedule would be the basis for billing purposes. For the purpose of billing, the month shall be divided into three billing cycle viz. 1st to 10th and 11th to 20th and 21st to last day of the month. The provisional bills shall be subjected to final adjustment at the end of the month on the basis of final REA issued by concerned RPC or final schedule issued by SLDC in case of intrastate generator. b. Payment Terms: GEPL shall make advance payment within 2 working days (due date) after the date of receipt of 10 days provisional bills through e-mail excluding the day of receipt of such bills. Bidders shall allow 3 % rebate on Bill(s) amount on sale price for the payment made within due date after the date of receipt of such bills, excluding the day of receipt. In case the due date falls on a Sunday or a bank holiday then payment would be made on next working day. c. PSM: This option will be on advance payment mode so no PSM shall be
  • 7. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 7 of 14   provided to Bidded. Option 2: a. Billing Cycle: Bidder shall raise weekly bills on provisional basis based on approved schedules issued by RLDC/SLDC. For Intra-state generators daily SLDC Schedule would be the basis for billing purposes. For the purpose of billing, the month shall be divided into four billing cycle viz. 1st to 8th and 9th to 16th , 17th to 24th and 25th to last day of the month. The provisional bills shall be subjected to final adjustment at the end of the month on the basis of final REA issued by concerned RPC or final schedule issued by SLDC in case of intrastate generator. b. Payment Terms: GEPL shall make payment to bills within 7 days from receipt of bills through email. Bidders shall allow 2% prompt payment rebate on Bill(s) amount for the advance payment made on day ahead basis. For any delay in payment, GEPL shall pay a late payment surcharge of 15% per annum to be calculated on per day basis. c. PSM: GEPL shall provide Bank Guarantee for 19 Days equivalent billing as standby payment security mechanism to be remaining valid for entire duration of contract. VII. Special Condition: Min. monthly off-take will be 200MW and daily schedule variation of upto 15% of cumulative quantum VIII. Compensation: a) Compensation payable by Bidder to GEPL (as applicable)- Without prejudice to the provisions of Force Majeure, if the successful Bidder fails
  • 8. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 8 of 14   to schedule 85% of the energy for which Open Access is granted on daily basis, then the Bidder shall pay compensation at the rate of Rs.9.00/kWh for the difference (shortage) quantity. b) Compensation payable GEPL to Bidder (as applicable)- Without prejudice to the provisions of Force Majeure, if GEPL fails to avail 85% of the energy for which Open Access is granted on monthly basis, then GEPL shall pay compensation at the rate of 2.00 Rs./kWh for the difference (shortage) quantity. c) Settlement of Compensation Amount (as applicable)- The payment for the compensation and the loss of open access charges shall be settled within 7 days from the date of claim, however for avoidance of doubt the regular energy bills shall be kept separate for settlement and same not to be merged/mixed for payments by GEPL. IX. Force Majeure - Force Majeure events shall include but not limited to: a. Any restriction imposed by RLDC/SLDC in scheduling of power due to Transmission/ Grid Constraint. b. Act of God, including, but not limited to lighting, drought, fire and explosion (to extent of origination from a source external to the site), earthquake, volcanic eruption, landslide, flood, cyclone, typhoon, tornado of exceptionally adverse weather conditions. c. Any act of war (whether declared or undeclared), invasion, revolution, armed conflict or act of foreign enemy, blockade, embargo, not, insurrection, terrorist of military action. d. Change in Law/change in Regulation debarring the parties to perform the activities under this offer.
  • 9. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 9 of 14   X. Dispute Resolution: a. In case of any dispute by either party, the parties shall try to resolve the dispute amicably. b. In the event of the dispute between the Parties fails to be resolved through mutual discussions amongst Parties concerned within one month, any Party may by a written notice of 30 days to the other Party refer the dispute for arbitration. The party having a grievance shall appoint an arbitrator of his own choice and serve a notice on the other party/parties asking them to appoint an arbitrator of their choice within 30 days. c. The appointed arbitrators shall then appoint a Presiding Arbitrator. The arbitration proceedings shall be held at New Delhi in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re- enactment thereof. The arbitration proceedings shall be conducted in the English Language and courts in Delhi shall have exclusive jurisdiction in respect of any dispute arising hereunder. d. Notwithstanding the existence of any disputes and difference referred to arbitration, the parties’ hereto shall continue to perform their respective obligation under this agreement. XI. Jurisdiction: This Agreement shall be governed and interpreted by and construed in accordance with the laws of India and the Court of New Delhi and shall have exclusive jurisdiction in all matters under this Agreement. 8. Confidentiality: Bidders shall treat the Bid Documents and contents therein as strictly confidential. It is clarified that for a period of 40 days no disclosures of the Bid Document should be made
  • 10. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 10 of 14   about the contents of this offer / Letter / Notice Inviting Bids (NIB) together with all its Annexure and Schedules by the Bidder(s) to any third person 9. GEPL right to accept/reject the bid: GEPL reserves the right to reject any or all bids or to accept any bid in full or part, at its sole discretion, without assigning any reasons whatsoever thereof. For the avoidance of doubt, it is clarified that GEPL also reserves the right to alter the quantities of power / split the quantities of power, amongst more than one selected bidder for the same period in either of the Blocks. The decision of GEPL shall be final and binding on the bidders in this regard. The offer shall be for a firm quantum only. Such acceptance / rejection of any or all bids or alteration of the quantities of power / splitting of quantum of power, amongst more than one selected bidder shall not make GEPL liable to any claim or action of whatever nature, including but not limited to, a claim for reimbursement of costs incurred by any such bidder in preparation of the bid. 10.Change of Law: No Claim on extra compensation based on change of law. Change of Law shall include: a. Any change in Transmission charges and open access charges till Delivery Point b. Any change in taxes (excluding income tax), duties, cess or introduction of any tax, duty, cess made applicable for supply of power by the seller till Delivery Point. 11.Governing Law: All matters arising out of or in conjunction with the RFP Document and /or the bidding process shall be governed by and construed in accordance with Indian Law and courts of New Delhi shall have exclusive jurisdiction. 12.Disclaimer: Neither GEPL nor its employees or consultants shall be liable to any Bidder or any other person under any law including the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which
  • 11. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 11 of 14   may arise, or be incurred, or suffered, in connection with the bid, or any matter that may be deemed to form part of the RFP document or any other information supplied by or on behalf of GEPL or its employees or consultants. For the avoidance of doubt it is expressly clarified that this RFP Document is an invitation to offer to the interested bidders for inviting their bids and is subject to the acceptance of the offer of the successful bidder(s) and the issue of the award of letter of Intent (LoI) by GEPL and acceptance thereof by the successful bidder(s) and subsequent execution of the PPA by and between GEPL and the successful bidder(s).
  • 12. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 12 of 14   Annexure I Unconditional Acceptance [To be given on the official letter head of the Bidder’s] To, Sr. Vice President-Business Development M/s. Global Energy Private Limited 6th Floor, Le Meridian Commercial Tower Raisina Road, New Delhi- 110001 Email: amitkumar@globalenergy.net.in Sub: Unconditional acceptance to Bid Condition Dear Sir, We have carefully gone through the Bid Document and satisfied ourselves and hereby confirm that our offer strictly conform(s) to the requirements of the Bid Document and all the terms and conditions are acceptable to us without any deviation for entire duration of contract. We confirm that all the terms and conditions of our Bid are valid for acceptance for a period of Thirty (30) days from the Bid Submission Date. (Authorized Signatory) Name of Authorized Signatory: Designation: Official Seal of the Bidding Company
  • 13. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 13 of 14   Annexure-II Board Resolution (To be given on the official letter head of the Bidder’s) For authorizing person signing the Bid
  • 14. RFP  For  250MW  Power  Procurement  from  Conventional  energy  Generators/IPPs/CPPs  by  GEPL   RFP:  DEC/2015/HT/11   Page 14 of 14   Annexure III Financial Bid (To be given on the official letter head of the Bidder’s)            Quantum  and  Rate  of  Power  Offered  on  Firm  Basis  during  the  Contracted  Period.   Duration Period in Hour Quantum Bid Qtm. Tariff at Delivery Point April 2016 Round the Clock (RTC) (00:00 – 24:00) 250 MW# May 2016 June 2016 July 2016 August 2016 September 2016 October 2016 November 2016 December 2016 January 2017 February 2017 March 2017 Signature of Authorized Representative along with the name, designation and official seal of the Bidding Company Signature: Name: Designation: Official Seal of the Bidding Company: