REQUEST FOR PROPOSAL (RfP) FOR PROCUREMENT OF POWER ON SHORT-TERM BASIS THROUGH TARIFF BASED COMPETITIVE BIDDING PROCESS (As per Bidding Guidelines, issued by the Government of India for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees) TOWARDS MEETING THE RENEWABLE PURCHASE OBLIGATION OF ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) Issued by The General Manager (Tariff Regulatory Cell), Assam Power Distribution Company Limited (APDCL), th 5 Floor, Bijulee Bhawan, Paltanbazar, Guwahati, Assam-781001 With Requirement of Power as follows: Period Sl 1 2 Month FEBRUARY, 2015 MARCH,2015 From 01.02.15 01.03.15 To 28.02.15 31.03.15 Quantum Required(MW) RTC/Peak/Off-Peak 40 40 *Quantum of power shown above is Non conventional (Non solar) which includes Bio-Mass, Small Hydro Plant, Wind Power, Urban and Industrial Waste Plant. Last Date of submission of Bid Date of Opening of Bid : Upto 12:45 hrs. on 22-01-2015 : At 14:00 hrs. on 22-01-2015 Page 1 of 15 ASSAM POWER DISTRIBUTION COMPANY LIMITED Office of the General Manager (TRC) 5th Floor, Bijulee Bhawan, Paltanbazar, Guwahati-1, Assam. Phone No. 0361-2739-505 Fax No. 0361-2739-501, 543 E-mail: [email protected] No. GM(Com-T)/APDCL/PPS_BID/Part-V/103 Dated. 13-01-2015 Tender No. NIT-07/2014-15 Request for proposal (RfP) for purchase of Non-Conventional RTC/Peak/OffPeak power on firm basis under STOA arrangement commencing from 01-022015 to 31-03-2015 1. Introduction and Background Assam Power Distribution Company Limited, having its head office at 5th Floor, Bijulee Bhawan, Paltanbazar, Guwahati-1, Assam, a Company incorporated under the Companies Act, 1956 and as per provision of the Electricity Act, 2003 (herein after referred to as ‘APDCL’) is inviting bids for purchase of 40 MW Non-Conventional Energy (NCE) as Round The Clock,RTC (0-24 hrs), Off-Peak (0-17, 23-24 hrs) and Peak (17-23 hrs) power on firm basis and under Short Term Open Access (STOA) arrangement for the period commencing from 01-02-2015 to 31-03-2015. The minimum quantum offered should be 1 MW from a single source. The Bidder(s) should be capable of supplying power at the delivery point (as defined in Annexure-I “General Terms and Conditions”), for the periods with effect from 01-02-2015 to 31-03-2015 for which the responsibility will be of the Bidders. Bidders shall quote the single tariff for each period at the delivery point up to three (3) decimals which shall include capacity charges, energy charges, trading margin (in case of trader being a bidder) and all taxes, duties, cess etc. imposed by Central Govt./State Govt./Local bodies. Tariff shall be designated in Indian Rupees only. The time table for bid process is as follows. 1 Submission of RfP Bids Upto 12:45 hrs. on 22-01-2015 2 Opening of Bids and subsequent Evaluation At 13:00 hrs on 22-01-2015 2. Quantum Requirement: Following quantum of power may be required for APDCL for the periods as mentioned. Period Sl Month From To 1 2 FEBRUARY, 2015 MARCH,2015 01.02.15 01.03.15 28.02.15 31.03.15 Quantum Required(MW) RTC/Off-Peak/Peak (0-24/0-17,23-24/17-23) 40 40 Page 2 of 15 Quantum of power shown above is Non conventional (Non solar) which includes Bio-Mass, Small Hydro Plant, Wind Power, Urban and Industrial Waste Plant . Quantum of power shown above is indicative figures only and may vary to the extent of 15 MW. 3. Qualification Requirement for Bidders: All the Generators/State Utilities/CPPs/Distribution Licenses/SEBs and Trading licensees having valid trading license from Appropriate Commission with a minimum trading volume of 125 MU per month as an average of last three months are qualified to participate in the bidding process. Bidders should submit necessary supporting documents regarding qualification for the bidding in the format prescribed in Annexure-IV. 4. Submission of Bid The Bidders shall submit separate non- financial and financial bids, duly signed by authorized signatory on each page of the Bid Document, in two separate sealed envelopes; i. "Part A" shall be the Non- Financial Bid consisting of the acceptance of General Terms and Conditions without any deviations and information about the sources from which the bidder shall supply the power in the prescribed format attached as Annexure–I, Annexure-II, Annexure-III & Annexure-IV of Bid Document. Bidders shall also be required to furnish necessary Tender Fee and EMD/BG along with the bids. The Bidders must submit the necessary EMD/BG as a part of their bids. ii. "Part B" shall be the Financial bid consisting of "Price and Quantum Bid" strictly in the prescribed format enclosed as Annexure-IV, Annexure-V & Annexure-VI and shall be unconditional. iii. Both sealed covers (“Part A” & “Part B”) shall be put together in one sealed envelope marked "Bid for purchase of short term power by APDCL against Tender No.07/2014-15” and shall be sent to: The General Manager (TRC), Assam Power Distribution Company Limited (APDCL), 5th Floor, Bijulee Bhawan, Paltanbazar, Guwahati, Assam-781001 The bid may be submitted on or before 22-01-2015 by 12:45 hours and the same will be opened on the same day at 13:00 hours. The offers received after 12:45 hrs will not be accepted. The representatives of the bidders may be present at the time of opening of the bid, if they desire so. All the correspondences and documents relating to the bid shall be written in the English Language only. Telegraphic/Telex/Faxed/Scanned/E-mail bids shall not be accepted. This notice of bid together with the Annexures and Schedules herein shall be herein after referred to as the "Bid Document". Page 3 of 15 5. Methodology of Bid Evaluation Bids shall be evaluated month-wise on the basis of quoted/evaluated landed price at Assam State periphery by the respective Bidders. In the process of Bid evaluation due weightage will be provided to Regional TTC as notified by NLDC from time to time so as to ensure effective supply of power. Offer from any source(s) belonging to region(s) with restriction as mentioned above during the period upto the issuance of LoA is subject to rejection irrespective of lowest rate. Decision of APDCL in this regard shall be final and binding on all the Bidders. The Bidder with lowest tariff, thus evaluated, shall be declared as the successful bidder. The selection process of the successful bidder shall be repeated for all the remaining Financial Bids of the Bidder(s) until the entire requisitioned capacity, as decided finally, is met. The Bidders are required to quote fixed rate in single part for the power supply at the delivery point. Rate shall be quoted in the manner as per Annexure-V. 6. Contract Documents. APDCL shall intimate the award of supply of power to the successful Bidder(s) through a Letter of Award (LoA). Subsequently PPA will have to be signed by the Bidder(s). The selected Bidder(s) must commence supply w.e.f 01-02-2015 or from the date as mutually agreed upon between the Procurer and the selected Bidder(s). 7. Compliance to the terms and conditions. The Bidders are advised to ensure that the bid is fully complied with the requirements specified and terms and conditions contained in the Bid document. No deviation from these conditions is permissible and a bid with any deviation shall summarily be rejected. 8. Deposition of Tender Fee An amount of Rs. 10,000/- (non-refundable) should be deposited as Tender Fee in favour of APDCL through Banker’s Cheque/Demand draft/ RTGS/NEFT (IFS Code: SBIN0000221, with Account no. 30834540478 maintained at SBI, New Guwahati Branch, Bamunimaidan, Guwahati-21, Branch code:0221. In case of RTGS/NEFT the UTR No. should be intimated to APDCL at least two days in advance from the date of submission of bid through e-mail address [email protected]. 9. Earnest Money Deposit (EMD)/ Bank Guarantee (BG) i) The bidder shall be required to submit EMD of Rs. 30,000 per MW per month of offered capacity in the form of Banker’s cheque/ Demand draft/RTGS/Bank Guarantee issued by any Nationalized/ Scheduled Bank. ii) The EMD shall be forfeited Page 4 of 15 (a) If Bidder withdraws or modifies bid during Bid Validity Period. (b) For non-submission of Contract Performance Guarantee by Successful Bidder. iii) The EMD shall be refunded to the unsuccessful bidders within 10 days of the expiry of the Bid validity period. iv) The EMD of the Successful Bidders shall be refunded after furnishing Contract Performance Guarantee (CPG). The Bidders shall submit the EMD Payable at Guwahati in favour of APDCL (IFS Code: SBIN0000221, with Account no. 30834540478 maintained at SBI, New Guwahati Branch, Bamunimaidan, Guwahati-21, Branch code:0221). If Part A of the bid is not submitted or if on opening Part A of the bid, it is observed that EMD/BG is not enclosed or is less than the above amount, the bid shall be out-rightly rejected and Part-B of the bid submitted by such Bidder shall not be opened. 10. Contract Performance Guarantee (CPG) i) Every successful bidder shall be required to furnish CPG within 7 days from the date of selection of successful bidder(s) for an amount calculated at Rs. 3 (three) lac per MW per month of contract period or part thereof. ii) The CPG shall be in the form of BG issued by any Nationalised/ Scheduled Bank and valid for the period of contract with a claim period of 1 month after the expiry of contract period. iii) In the event, the CPG is not furnished within the stipulated date, the Bid security submitted in the form of EMD/BG shall be forfeited. iv) The CPG provided by the successful bidder shall be forfeited for non performing the contractual obligations. The CPG shall be released within 30 days after completion of contract period after the Bidder(s) has fulfilled his obligation under the contract. 11. APDCL's right to accept/reject the bid APDCL reserves the right to reject any or all offers or to accept any offer in full or part as may be considered suitable for APDCL, whether it is the lowest or not without assigning any reason whatsoever. No correspondence in this regard shall be entertained by APDCL. As such, APDCL reserves the right to alter the quantum of power/split the quantum of power as fully described in clause 1, among more than one bidder for the same period. The decision of APDCL shall be final and binding on the bidders in this regard. Such acceptance/rejection of any or all bids or alteration of the quantum of power/splitting of power as fully described in Clause 1, among more than one bidder for the same period will not make APDCL 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. Page 5 of 15 12.Modification of the Bid Documents APDCL reserves the right to modify any part of the terms and conditions of the Bid Document by issuing one or more amendments prior to the last date of submission of the bid ("Amendment"). Any Amendment shall form part of the Bid Document, and shall be binding. 13.Confidentiality For the purpose of transparency, APDCL shall make the bids public by indicating the tariff quoted by all the bidders, after signing of the PPA or the PPA becoming effective, whichever is later. While doing so, only the name of the successful bidders shall be made public and tariff quoted by other bidders shall be made public anonymously. 14.Bid Validity Period The validity period of offer of bidder shall be a minimum of 10 days from the date of Bid opening. 15.Governing Law All matters arising out of or in conjunction with the Bid Document and/or the bidding process shall be governed by and construed in accordance with Indian laws and within the jurisdiction of the Gauhati High Court. 16.Disclaimer Neither APDCL 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 may arise, or be incurred, or suffered, in connection with the bid, or any matter that may be deemed to form part of the Bid document or any other information supplied by or on behalf of APDCL or its employees or consultants. For the avoidance of doubt it is expressly clarified that this Bid Document is an offer to bid and is subject to the award of Letter of Award (LoA) by APDCL and subsequent signing of PPA. General Manager (TRC) APDCL, Paltanbazar, Guwahati, Assam Page 6 of 15 ANNEXURE-I GENERAL TERMS AND CONDITIONS Terms and conditions for the purchase of power from bidders shall be as under:1. Quantum APDCL invites sealed offers in the prescribed format for purchase of 40 MW RTC (0-24 hrs)/Off-Peak (0-17,23-24 hrs)/Peak (17-23 hrs) power on firm basis under Short Term open Access (STOA) arrangement commencing from 01-02-2015 to 31-03-2015. The quantum offered should be from a single source for each block of periods. Period Sl Month From To 1 2 FEBRUARY, 2015 MARCH,2015 01.02.15 01.03.15 28.02.15 31.03.15 Quantum Required(MW) RTC/Off-Peak/Peak (0-24/0-17,23-24/17-23) 40 40 *Quantum of power shown above is indicative figures only and may vary to the extent of 15 MW. The Bidder(s) shall be capable of supplying power to APDCL at the delivery point (as defined in clause 2), for the period as offered with effect from 0102-2015 to 31-03-2015 at a single rate as RTC (0-24 hrs)/Off-Peak (0-17, 23-24 hrs)/Peak (17-23 hrs) power. Bidders shall quote the single tariff at the delivery point up to three (3) decimals which shall include capacity charges, energy charges, trading margin (in case of trader being a bidder) and all taxes, duties, cess etc. imposed by Central Govt./State Govt./Local bodies. Tariff shall be designated in Indian Rupees only. Bidder(s) shall quote single rate against a single source of supply in each case; no multiple rate for any quantum of power offering from the same source shall be allowed. In such cases, the lowest rate offered will be considered for the total quantum offered from the same source. However, APDCL reserves the right to reject the offer from same source with multiple rates. Decision of APDCL in this regard will be final & will be a binding on the bidder(s). 2. Delivery Point: For Inter-State transmission of power, regional periphery of the offered source(s) will be taken as the delivery point. For Intra-State transmission of power, interconnection point of offered source(s) with STU will be taken as delivery point. However, the bids will be evaluated at Assam State periphery after taking into account the applicable PoC/STU charges, losses etc. Page 7 of 15 3. Tariff: Tariff quoted should be constant and there shall be no escalation during the contractual period. Tariff for the offered power shall be quoted by bidder in the manner as per Annexure-IV “Price and Quantum Bid”. The bidder shall quote the tariff at the delivery point. It may be clarified that Intra-state open access charges, transmission charges and losses along with CTU injection charges and losses up to the CTU interface are on Bidder(s)’s account and CTU drawal charges and losses along with intrastate open access, transmission charges and losses are on procurer’s account. The Bidder(s) shall be responsible to seek open access approval from the competent authority, up to Assam State periphery. The open access shall be booked on STOA basis. If the power is being supplied through alternate source with due consent from the APDCL, any additional charges and losses, if any, due to cancellation of existing corridor and booking of new corridor etc., shall be to the account of Bidders. 4. Scheduling and Energy Accounting. The power scheduled at the delivery point by the Bidder as per the implemented schedule of the concerned RLDC/SLDC, shall be treated as power delivered to APDCL and any variation between schedule and actual power injection shall be to the account of such Bidder(s) to be settled as per relevant orders/Regulations of CERC/Appropriate Regulatory Commission. The scheduling and dispatch of power shall be as per relevant provisions of IEGC/REGC and as per relevant Orders/Regulations of CERC/AERC. Final Energy accounting will be as per the monthly REA issued by NERPC. 5. Billing and Payment: Bidder(s) will raise bills on weekly basis based on implemented schedule of concerned RLDC/ SLDC along with complete details of the power scheduled at the delivery point and/or other documents/ information, as may be required for bill verification. For the purpose of weekly billing, the month shall be divided into four weeks viz. 1st to 8th, 9th to 15th, 16th to 23rd and 24th to last day of the month. Final monthly adjustment bill will be raised based on REA issued by the NERPC. The bills of compensation for a month shall be included in the final monthly adjustment bill. APDCL will make the payment to Bidder(s) on 7th working day from the date of receipt of the energy bills (excluding the date of receipt) by fax as well as e-mail. In the event of the due date of payment being a Bank/APDCL holiday, the next working day shall be considered as the due date of payment. In case of timely payment by APDCL, adjustment for the admissible rebate as per Clause No. 6 hereinafter shall be made while making the payment against the energy bills. Page 8 of 15 6. Rebate for Prompt Payment by APDCL: Bidder(s) would allow 2% rebate on energy bill(s) amount, if APDCL make payment within due date of payment. 7. Surcharge for late Payment by APDCL: A surcharge of 15% (Fifteen Percent) per annum shall be applied on all payments, outstanding after 30 days for the period of non-payment beyond the due date. This surcharge would be calculated on a day-to-day basis for each day of the delay after due date. No surcharge shall be admissible on the disputed amount. 8. Payment Term/Payment security to be made available by APDCL As mutually agreed upon, APDCL shall provide revolving letter of Credit (LC) equivalent to 100% of the weekly energy corresponding to contracted capacity at the tariff indicated in PPA. LC shall be opened prior to commencement of supply of power. 9. Payment for Liquidated Damages for short fall in excess of the permitted deviation. a) Both the parties would ensure that actual scheduling does not deviate by more than 15% of the contracted power as per the approved open access on monthly basis. b) In case deviation from APDCL side is more than 15% of the contracted energy for which open access has been allocated on monthly basis, APDCL shall pay compensation at 20% of Tariff per kWh for the quantum of shortfall in excess of permitted deviation of 15% while continuing to pay open access charges as per the contract. c) In case deviation from Bidder(s) side is more than 15% of the contracted energy for which open access has been allocated on monthly basis, Bidder(s) shall pay compensation to APDCL at 20% of Tariff per kWh for the quantum of shortfall in excess of permitted deviation of 15% in the energy supplied and pay for the open access charges to the extent not availed by APDCL. d) The request of Bidder(s) for reduction of supply quantity citing the machine breakdowns or unforeseen conditions of generating companies (except force majeure condition) will not be accepted. However, in any case, it shall be the responsibility of the Bidder(s) to ensure uninterrupted flow of power as per approved schedule for at least 24 hrs. by suitable arrangement of their own with an intimation to the Procurer. Additional liability, if any, for such arrangement will not be borne by the Procurer. Page 9 of 15 10. Force Majeure: Force Majeure events shall mean the occurrence of any of the following events:a) Any restriction imposed by RLDC/SLDC in scheduling of power due to break down of Transmission/Grid constraint shall be treated as Force Majeure without any liability on either side. b) Any of the events or circumstances or combination of events and circumstances such as act of God, exceptionally adverse weather conditions, lightning, flood, cyclone, earthquake, volcanic eruption, fire or landslide or acts of terrorism causing disruption of the system. The contracted power will be treated as deemed reduced for the period of transmission constraints. The non/part availability of transmission corridor should be certified by the concerned RLDC/SLDC. 11. Risk Allocation: APDCL and Bidder(s) reserve the full right to terminate the contract if the other party fails to abide by the terms and conditions as stipulated for selling the power without any liability. The Bidder(s) shall have to apply for open access for the contracted power upto Assam State periphery, failing which the Contract Performance Guarantee (CPG) on pro rata basis shall be forfeited. 12. Arbitration: Where any dispute arises claiming any change in or regarding determination of tariff or any tariff related matters or which partly or wholly could result in change in tariff, such dispute shall be adjudicated by the Appropriate Commission. All other disputes shall be resolved by arbitration under the Indian Arbitration and Conciliation Act 1996. 13. Change of Law Change of Law shall include: • Any change in transmission charges and open access charges • Any change in taxes (excluding Income Tax), duties, cess or introduction of any tax, duty, cess made applicable for supply of power by the Bidder(s). Page 10 of 15 ANNEXURE-II (To be given on the official letter head of the Bidder's) Acceptance of General terms and Conditions (To be signed by the authorized person of the bidder) We/I have carefully gone through the Bid Document and satisfied ourselves/myself and hereby confirm that our/my offer strictly confirms to the requirements of the Bid Document and all the terms and conditions are acceptable to us. Signature: Name: Status: Whether Authorized: Yes/No Power of Attorney of Bidding Company Authorizing the signatory to sign the bid Name & Seal of Bidding Company Page 11 of 15 12 ANNEXURE-III Detail of Total Quantum of power offered and corresponding Amount of EMD (To be submitted under “Non-Financial Bid” i.e. Part-A) Tender No. ____________________ for the Month of : _________________ 20__ Source Details Source Name, Location & Region Sl. No. Hour 1 00-01 2 01--02 3 02--03 4 03--04 5 04--05 6 05--06 7 06--07 8 07--08 9 08--09 10 09--10 11 10--11 12 11--12 13 12--13 14 13--14 15 14--15 16 15--16 17 16--17 18 17--18 19 18--19 20 19--20 21 20--21 22 21--22 23 22--23 24 23--24 Quantum Offered (MW) for February, 2015 SOURCE SOURCE SOURCE SOURCE 1 2 3 4 Quantum Offered (MW) for March, 2015 SOURCE SOURCE SOURCE SOURCE 1 2 3 4 Average MW for the month EMD @Rs.30,000/MW/Month Name & Seal of Bidding Company Page 12 of 15 13 ANNEXURE-IV Details of Energy handled during the last three months Sl Trading with Entity Transaction No. Period From Offpk/Pk/RTC To Page 13 of 15 14 ANNEXURE-V Price and Quantum Bid (To be submitted under “Financial Bid” i.e. Part-B) Quantum of power on ‘Firm Basis’ for the periods from 01-02-2015 to 31-03-2015 FOR SUPPLY OF POWER Sl Period 1 FEBRUARY ‘15 2 MARCH’15 Average Quantum of RTC power offered by the bidder (MW) Fixed price quoted by the Bidder at delivery point (Rs./KWh) * Source of power supply# Bidder(s) shall quote single rate against a single source of supply in each case; no multiple rate for any quantum of power offering from the same source shall be allowed. In such cases, the lowest rate offered will be considered for the total quantum offered from the same source. However, APDCL reserves the right to reject the offer from same source with multiple rates. Decision of APDCL in this regard will be final & will be a binding on the bidder(s). # Source of power supply has to be specifically mentioned. Preference will be given for power sourced from NER, ER & NR We/I have noted that: The quantum offered should be from a single source. Bidders are required to quote fixed rate (upto 3 decimal point) for the power supply at the delivery point. APDCL 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. Bids shall be evaluated as per the lowest quoted price at APDCL’s periphery by the respective bidders in the above table for the period with effect from 01-02-2015 to 31-03-2015 and finalized accordingly. Name & Seal of Bidding Company Page 14 of 15 15 ANNEXURE-VI (To be submitted under “Financial Bid” i.e. Part-B) Detailed calculation of offered landed cost at Assam State periphery Name of the trader: Source: Particulars Quantum Duration of supply Time Energy at Source Periphery Rate (Excluding Trading margin) Add, Tarding margin Losses (%) Injection Losses Drawl Losses Rate (Including Trading margin) Energy Amount Payable by APDCL Concerned LDC/DIC Concerned LDC/DIC Concerned LDC/DIC Assam Drawl Losses Energy at APDCL Periphery Injection Charges Drawl Charges Charges Amount Unit MW Days Hrs kWh Rs./kWh Rs./kWh Rs./kWh ` % % % % kWh Concerned LDC/DIC Rs./kWh Concerned LDC/DIC Rs./kWh Concerned LDC/DIC Rs./kWh APDCL Drawl Charges Rs./kWh Concerned LDC Rs./day Concerned LDC Rs. Rs. Operating Concerned LDC Charges Rs. Concerned LDC Rs. Concerned LDC Fee Application Fees Rs./application Processing Fee Rs./application Total Amount Payable by APDCL Landed Cost to APDCL Rs Rs./kWh Page 15 of 15
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