MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

Transcription

1 MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. BID DOCUMENTS FOR SALE OF SHORT TERM POWER ON FIRM BASIS as follows: Duration Quantum in MW Type of Power to MW RTC Power (00:00 hrs to 24:00 hrs) Note: 1. All Bidders are requested to go through the terms and conditions carefully before submitting the offer. 2. Tender is on e-tendering basis, manual bids against this Tender will not be accepted. THROUGH: COMPETITIVE BIDDING COMMERICAL AND GENERAL CONDITIONS TENDER NO.: CE (PP)/T-2/2015 DATE: CHIEF ENGINEER (PP) POWER PURCHASE CELL, PRAKASHGAD, 5TH FLOOR, STATION ROAD, BANDRA (EAST), MUMBAI , PHONE No , Extn ; Fax No ceppmsedcl@gmail.com 1

2 INVITATION OF TENDER : MSEDCL invites Bids for sale invitation of tender of power as specified by MSEDCL under The Scope of Work. Bids are invited from Distribution Utilities/Licensees/Companies/SEBs/Power Traders from all over India. THE SCOPE OF WORK: 1. Sell of power on firm basis as follows: Duration Quantum in MW Type of Power to MW RTC Power (00:00 hrs to 24:00 hrs) 2. Bidder should submit offer for above period. 3. Minimum quoted quantity should be 50 MW. 4. To ensure competitiveness, the minimum number of bidders should be at least two. 5. Delivery Point: MSETCL Periphery only. 6. Contracted Quantum: Quantum at MSETCL Periphery. 7. The successful bidder shall obtain the necessary clearances / permissions from relevant authorities and execute the PPA with MSEDCL within 7 days from the date of awarding the LOA. 8. Necessary transmission access shall be obtained by the buyer along with the bid for supply of power. TERMS AND CONDITIONS FOR SALE OF POWER 1. BIIDDER ELIGIBILTY: Bids are invited from Distribution Utilities/Licensees/Companies/SEBs/Power Traders from all over India. Actual user of energy (other than SPP of Maharashtra) shall be from outside Maharashtra. 2. PRICE: (a) Bidder should quote the quantum in MW and rates in Indian Rupees upto three decimal places on FIRM basis, for sale of power by MSEDCL at MSETCL Periphery only. The offers of the bidders/traders with deviation from tender terms and conditions shall be summarily rejected. Bidder should quote the rates at MSETCL periphery in the Annexure-B. The applicable concerned State (other than Maharashtra) transmission losses and charges (if applicable) and POC injection losses and charges, POC withdrawal losses and charges, MSLDC scheduling charges and application fees, etc as per prevailing norms for specified period shall be borne by the Bidder. 2

3 The bids shall be evaluated on the basis of rates quoted by bidder at MSETCL periphery. Therefore utmost care shall be exercised while calculating rates at MSETCL periphery. If Bidder has missed out any parameter to be loaded while calculating rates at MSETCL periphery, then same shall not be payable by MSEDCL under any circumstances. 3. SUBMISSION OF OFFER: (a) (b) Bidder shall submit tender duly signed by the authorized representative, with non-refundable tender fees of Rs.2500/- (Rupees Two Thousand Five Hundred only) on line before the scheduled time and date of tender submission. The Bidder shall submit the tender through e-tendering process, manual Bids will not be acceptable for this tender before the closing time & date indicated in tender notice. 4. EARNEST MONEY DEPOSIT (EMD): (a) The Bidder shall pay the Earnest Money Deposit as mentioned below along with the tender. The tender without the payment of Earnest Money Deposit shall be summarily rejected. Unless the Bidder is exempted on account of statutory directives as enlisted in clause 4(c) below, bidder shall pay Earnest Money Deposit as under:- (I) Rs. 10,000/- per MW per month, for the period of three months. (II) E.M.D. to be submitted in the form of Bank Guarantee (Format for B.G. shall be as per Annexure-C) or online payment through RTGS to MSEDCL, Bank account details given below: Account Name: Maharashtra State Electricity Distribution Co. Ltd. Bank Name: Bank of India, Bank of India Bldg, 4th floor, 70-80, M.G. Road, Fort, Mumbai Account No IFSC Code: BKID The Bank Guarantee or documentary evidence for such RTGS transfer shall be submitted along with the bid in the tender, which shall be confirmed with MSEDCL s bank statement. No interest shall be paid on the Earnest Money Deposit. The Bank Guarantee shall be valid for a period of one month from the date of submission of bid. The Bank Guarantee shall be furnished from any scheduled bank. The scanned copy of Bank Guarantee is to be attached along with the tender document while submitting the bid and the original Bank Guarantee shall be submitted on or before of submission of bid. (b) In the event the Bidder withdraws or modifies his offer during the validity period and/or fails to submit contract performance guarantee on selection of bid, the Earnest Money Deposit (EMD) shall stand forfeited. (c) All Government and Semi Government Institutions under Government of Maharashtra and fully owned undertaking of any State Government and Government of India are exempted from payment of E.M.D. (d) The E.M.D. of unsuccessful bidders will be returned /refunded on finalization of tender and E.M.D. of successful bidders will be returned/refunded on submission of C.P.G. of requisite value. 5. Contract Performance Guarantee Contract Performance Guarantee (CPG) of Rs. 1,00,000/- per MW per month for the period of three months shall be submitted by successful bidders in the form of CPG immediately after receiving LOA from MSEDCL.(Format of CPG shall be as per Annexure-D). CPG shall be valid up to the period one month after the expiry of contract period as per LOA. CPG shall be furnished from the any scheduled bank. The format for Contract Performance 3

4 Guarantee is attached as Annexure-D. (I) CPG shall be submitted within two days from the date of issue of LOA or the dates of commencement of supply whichever is earlier. (II) CPG shall be forfeited if the successful bidder fails to perform contractual obligations as per LOA. (III) On successful execution of contract, C.PG. will be returned to the Bidder. 6. SUBMISSION OF TENDER DOCUMENTS: Last date and time of submission of tender will be on up to 14:30 hrs. 7. OPENING OF TEN DER: Date of opening of bids is on at 15:00 hrs at Power Purchase Section, MSEDCL, 5 th floor, Bandra (East), Mumbai ACCEPTANCE OF TENDER: MSEDCL reserves its right to accept or reject any tender whether fully or partially without assigning any reasons. It is also not binding on MSEDCL to disclose any analysis report on tender. The Bidder on the other hand binds himself to take-off of power from his offer in part or whole at the option of the MSEDCL. 9. DISREGARD OF TENDER CONDITIONS: The Bidder should note that there shall be no deviations in respect of any terms and conditions of the tender. Bid containing any deviations / additions / alterations / changes in the terms and conditions of the tender shall not be acceptable. Any deviations/additions/alterations/changes in the covering letter, unrelated Annexure / schedules of the bid or elsewhere, shall be ignored and the offer shall be treated as meeting with all tender terms and conditions. 10. NOTIFICATION OF AWARD OF CONTRACT: The notification of Award of contract shall be communicated to the successful Bidder by Letter of Award (LOA) by registered post or hand delivery or Fax or as the MSEDCL deems it fit. 11. The offers shall be for a firm quantum. If quantum is indicated as upto, then the offer shall be rejected. 12. Validity of offer shall be for a minimum of 15 days and it shall be binding on the Bidders to avail the full quantum and for the period as per the order placed with them within such validity period. 13. The identification of delivery-wise power to be supplied by MSEDCL is to be incorporated in Respective Regional Energy Accounting (REA) by WRPC/ Maharashtra State Energy Accounting by MSLDC. The billing will be done on the basis of Western Regional Energy Accounting/ MSLDC Energy Accounting. 14. MSEDCL will place the LOA on the Successful Bidders as per the Terms & Conditions specified in Annexure-A. 15. The bidder should read carefully all the terms and conditions of this tender document including t h e Annexures which shall form an integral part of this tender and submit duly signed tender document along with offer. Seal and Signature of Bidder 4

5 1) Quantum & Tariff: Annexure A Terms and Conditions Duration Quantum in MW Type of Power to MW RTC Power (00:00 hrs to 24:00 hrs) 2) STOA charges: Procurer s State transmission losses and charges (if applicable) and POC injection & drawl losses and charges, MSLDC operating charges and all other charges as may be applicable shall be borne by bidder/procurer and no separate charges against the same shall be paid by MSEDCL. Any parameter missed out while quoting rate at MSETCL periphery by the bidder/procurer will not be reimbursed in any case. If the Bidder/Procurer fails to schedule the power after allotment of corridor and or surrenders the corridor which shall not be done without the consent of MSEDCL, the entire STOA charges including the STOA charges that may be withheld by the RLDC/SLDC and the application fees/scheduling and operating fees etc. Paid to the RLDC/SLDC shall not be paid by MSEDCL. 3) Scheduling: (a) That Bidder/Procurer will p u r c h a s e the energy as per the LOA f r o m MSEDCL subject to transmission constraints/force Majeure. Force Majeure would be as defined in Clause 10 hereunder. (b) Bidder/Procurer shall book the corridor for the full contracted quantum and for the shortest route with the consent of MSEDCL and MSEDCL shall in no way be responsible for nonavailability of corridor. Bidder/Procurer should schedule power as per consent given by MSEDCL / CE( LD) Kalwa. No compensation will be paid by MSEDCL due to technical constraints, if any. The power shall be scheduled uniformly as per the open access granted. Revision of schedules shall not be done without the consent of MSEDCL/ CE (LD), Kalwa. (c) Any issues related to Energy Accounting shall be taken up by the Bidder with the RLDC/MSLDC whose decision shall be final. In case of Interstate bidder/procurer, the energy accounting shall be on scheduling basis. In case of Intrastate bidder/procurer and if it has a status of SPP, then their energy transaction shall be done through present FBSM system and the same shall be settled by SLDC on scheduling basis. In case of Intrastate bidder/procurer who has not having status of SPPand actual user is from outside Maharashtra but their energy transaction is not through WRLDC, then the energy will be counted as per their actual meter reading at MSETCL periphery. Further the energy settlement shall be as under. i) Energy drawl excess upto 5 % than the schedule energy, the same will be settled as per LOA rate. Further excess energy drawl above 5 % than the schedule energy, the energy settlement for such excess drawl shall be on LOA rate or FBSM rate whichever is higher. Accordingly MSEDCL will raise the bill and the same is payable by bidder/procurer.. ii) Energy drawl less upto 5% than the schedule energy, then the MSEDCL will raise the bill for the schedule energy and shall be payable by bidder/procurer. Further in case of shortfall in energy drawl beyond 5% also, MSEDCL will raise the bill for the schedule energy, however penalty if any calculated as per FBSM for such excess underdrawl shall be payable by 5

6 bidder/procurer separetly. (d) The Bidder/Procurer should book the corridor as per the order issued by MSEDCL well in advance and shall ensure t a k e o f f of the contracted quantum/quantum approved in Open Access from MSEDCL on first charge basis on a daily basis. The Bidder shall apply for Open access for full contracted quantum of power as per order. For any deviations in applying for STOA penalty will be applicable as per Clause no 5 of this Annexure-A. MSEDCL will not bear the extra Open Access charges due to change in corridor for power supply on account of delay in obtaining Open Access approval. In case the corridor is not available and Bidder desires t o t a k e the contracted quantum of power to other source/corridor, then Bidder should obtain prior permission of MSEDCL. Even if Bidder takes off contracted quantum through source/corridor different from that referred in order, then Bidder himself will be responsible for the charges over and above the agreed charges as per the order towards the change in rate, Open Access charges, Transmission loss and scheduling charges etc. (h) Daily schedule will be intimated 24 hrs in advance and any revision in schedule shall be implemented only with mutual consent and the Party seeking the revision in schedule shall bear the application fees, rescheduling charges, etc. (i) Open Access: - The power shall be scheduled and dispatched as per the relevant provisions of CERC regulation regarding Open Access in Inter State Transmission and Procedure for Reservation of Transmission Capacity to short Term Open Access or if any changes time to time declared by CERC and / as per the MERC provisions /Regulation wherever applicable. (e) Revision of Schedule In case of revision of schedule, a consolidated request indicating the reason and mutual consent of both the parties for revision shall be submitted to the WRLDC/SLDC. The application fee and the rescheduling charges shall be paid by the applicant but shall be borne / reimbursed by the party seeking the revision. Revision of schedule / surrender of corridor (partly/fully) shall not be done without consent of MSEDCL. 4) Billing: a) For the purpose of billing, each month will be divided into four parts (i.e. 1st to 8th, 9th to 15th, 16th to 23rd, and 24th to last day of the month). MSEDCL will raise bill after completion of above part of the month. b) In case of Interstate/ Intrastate power weekly billing for the scheduled energy/drawl energy shall be as per LOA rate and the settlement of overdrawl/underdrawl of energy shall be done on the basis as per clause 3(C) above. In case of dispute regarding energy accounting the matter shall be referred to WRLDC/ MSLDC. c) All bills will be raised by Chief Engineer (Power Purchase Cell), MSEDCL, Mumbai. d) Final Bill: The final monthly bill settlement will be based on REA issued by WRPC/ Energy Accounting by MSLDC and as reconciled between MSEDCL and the bidder on finalization of the respective Energy Accounts. In case, net amount is payable by the bidder on final Reconciliation, then the same shall be paid by the Bidder within seven days of reconciliation failing which a 1.25% per month shall be applicable on pro-rata basis for each day of delay thereafter. e) Trader/Procurer shall invariably call on this office on the completion of each month s 6

7 transaction for reconciliation of the energy and financial accounts. 5) Compensation: Penalty for Short Supply: a) Without prejudice to the provisions of force majeure, the Successful Bidder shall apply for open access for the full contracted quantum on a first charge basis f r o m MSEDCL well in advance as per provisions of Procedure for Advance Scheduling of Bilateral Transactions notified by POSOCO. In case of failure by the Bidder the penalty shall be payable on the quantum not applied. i. In case of failure by bidder for applying contracted quantum the penalty shall be calculated as illustrated under:- Contracted (LOA) Quantum Applied Quantum for Open Access Table A Penalty 100 MW 100 MW No 100 MW 80 MW 100 MW 60 MW Penalty on non applied Quantum i.e. 20 MW. Penalty at Rs per Kwh for energy corresponding to unapplied quantum. Penalty on non applied Quantum i.e. 40 MW. Penalty at Rs per Kwh for energy corresponding to unapplied quantum. Note: 1. In case of Intra-State transaction, Bidder should apply for Contracted quantum at MSETCL periphery. However in case of Inter state transaction, the bidder may apply quantum at regional periphery or at MSETCL Periphery.However PPA quantum will be measured at MSETCL periphery. 2. In case of change of Power availing utility if any, the Bidder should apply for full quantum of changed utility separately. ii. The Penalty for short availed quantum will be calculated as follows: TABLE: B Applied Quantum Open Access Approved Quantum Take-off Quantum Penalty 100 MW 100 MW 70 & above 70 MW Not Applicable 100 MW 80 MW Above 70% of 80 MW (i.e. above 56MW) 100 MW 80 MW Below 70% of 80 MW (i.e. below 56MW) Not Applicable Applicable for the quantum below 56 1 per Kwh 7

8 The compensation at the rate of Rs. 1.00/Kwh for the shortfall in the applied /take-off of power as mentioned above in Table A and B shall be payable by bidder to MSEDCL and will be raised in the energy bill. In case bidder could not get open access for transmission of power due to transmission constraints, such penalty will not be levied for quantum for which open access not granted, subject to documentary evidence. b) Without prejudice to the provisions of force majeure, If MSEDCL fails to schedule energy corresponding to the capacity approved for Open Access for the concerned period MSEDCL shall pay Rs.1.00/KWH for the difference (shortage) quantity below 70%. Bidder shall produce compensation claim. c) The penalty shall be calculated on monthly basis. 6) Contract Performance Guarantee Contract Performance Guarantee (CPG) of Rs. 1,00,000/- per MW per month for the period of three months shall be submitted by successful bidders in the form of CPG immediately after receiving LOA from MSEDCL.(Format of CPG shall be as per Annexure- C). CPG shall be valid up to the period one month after the expiry of contract period as per LOA. CPG shall be furnished from the any scheduled bank. The format for Contract Performance Guarantee is attached as Annexure-C. (I) CPG shall be submitted within two days from the date of issue of LOA or the date of commencement of supplies whichever is earlier. (II) CPG shall be forfeited if the successful bidder fails to perform contractual obligations as per LOA. 7) Payment Terms: The provisional weekly bill p a y m e n ts shall be released by Bidder/Procurer based on clause 4 above. The due date for the payment of bill is 7 days from the issue of bill. The final payment shall to be made as per REA issued by RLDC/energy accounting by MSLDC. In case of any difference/dispute regarding energy accounting, the same shall be sorted out by Bidder/Procurer within a month otherwise MSEDCL will recover the same from pending dues of Bidder/Procurer. 8) Payment Security Mechanism: The Bidder/Procurer shall provide the following payment security mechanism before the start of the flow of power at weekly revolving Letter of Credit (LC) equivalent to 15 days of estimated energy billing at price rate discovered through tender. All LC charges viz. opening, operation / negotiation, recoupment etc. shall be borne by Bidder/Procurer. The terms and conditions for the LC are given at Annexure -E. MSEDCL may not schedule power in absence of adequate Payment Security Mechanism. In the event of delay in providing payment security mechanism all charges including any penalty/ compensation or UI liability if any, payable under the contract shall be to the account of Bidder/Procurer. In such case, the contracted quantum shall be considered as deemed scheduled and compensation clause shall be applicable. The LC will be used only as a Payment Security mechanism. In the event payment is not made by the Due Date then MSEDCL has the right to realize the payment through Letter of Credit. 9) Right to terminate in the event of default of payment:- Notwithstanding any other right MSEDCL may have under the contract/ agreement, if Bidder/Procurer fails to establish the agreed payment security mechanism or fails/delays to 8

9 make payment of MSEDCL energy bills within the due date MSEDCL will have the right to terminate the supply/ agreed agreement with the Bidder/Procurer by giving a notice of 3 (three) days to the Bidder/Procurer, without any liability on MSEDCL, whatsoever due to such termination, without prejudice to any right of MSEDCL to recover any such loss/damage due to such termination. All liabilities towards liquidated damages / compensation, open access charges etc. as per this contract shall be borne by Bidder/Procurer. 10) Surcharge: A surcharge of 15% (Fifteen percent) per annum (as per the CERC Order dated 26th March, 2004) shall be applicable on energy bills payments. This surcharge would be calculated on a day-to-day basis for each day of the delay. 11) Force Majeure: Any event which is beyond the control of the two parties involved which they could not foresee or with a reasonable amount of diligence could not be prevented and which substantially affect the performance by either agency such as but not limited to a) Acts of G od. Natural phenomena, including but not limited to Floods, Droughts, Earthquakes, Cyclones, Storms, Typhoons, Gale weather and Epidemics. b) Acts of any Government domestic or foreign, including but not limited to war declared or undeclared, hostilities, priorities, quarantines, embargoes: c) Riots or Civil Commotion or sabotage. d) Grid failure not attributable agencies involved. e) Heavy rain/ flood /storms resulting in transmission systems failure as certified by CTU/STU. Any restriction imposed by RLDC on scheduling of power supply by BIDDER or MSEDCL due to Transmission /Grid constraint shall be treated as Force Majeure without any liability on either side. 12) Bidder/Procurer shall pay the processing fee Rs.5000/- 13) Jurisdiction of Contract: The laws applicable to this contract shall be the laws in force in India. The Courts of Mumbai, India shall have exclusive jurisdiction in all matters arising under and on account of this contract. 14) After receipt of Letter of Award or order for supply of power from MSEDCL, the Bidder should immediately book the corridor for contracted quantum for period of supply and acknowledge the acceptance of same, otherwise it will be treated as order is accepted and all terms and conditions of the order placed by MSEDCL and this Tender shall be applicable. MSEDCL can forfeit EMD of Bidder/Procurer, if Bidder/Procurer curtails MSEDCL Power and avails Power from other source at the same time. 15) Dispute Resolution: If any dispute or difference of any kind whatsoever (Dispute) shall arise between the Parties in connection with or arising out of this Agreement or out of breach, termination or invalidity of the Agreement hereof, the parties shall resolve them by resorting to the following in the order so mentioned. (a) Parties shall attempt to decide through mutual discussions within 30 days. (d) If the dispute cannot be resolved by MSEDCL & the Bidder, then dispute resolution will be as per Arbitration Act. (e) In case both the parties are unable to resolve the issue of difference relating to REA difference and RLDC/SLDC short Term Open Access charges, the matter will be referred for adjudication to Member Secretary, WRPC or Chief Engineer, MSLDC in case Seller/Generator is in intra state. The decision of Member Secretary, WRPC/MSPC shall be binding on both parties. 9

10 (f) Dispute in respect of Tariff shall be adjudicated by the Appropriate Commission. Notwithstanding the existence of any dispute, whether referred to arbitration or not, the Parties hereto shall continue to perform their respective obligations under this Agreement throughout the Term and this Agreement. Certificate I/We have carefully read the terms and conditions which I/We have thoroughly understood and to which I/We shall abide. Seal and Signature of Bidder 10

11 Annexure B RATES FOR FIRM POWER For Firm RTC Power for the period to Duration Quantum in MW Type of Power Actual User Of Energy Rate in Rs/Kwh to MW RTC Power (00:00 hrs to 24:00 hrs) Note: 1. Bidder/Procurer should quote the quantum in MW and rates for power at MSETCL periphery. Offer will be evaluated only based on rate at MSETCL periphery. 2. Minimum quoted quantity should be 50 MW. 3. Bidder should quote single rate and single quantum for the above block period. The offers of the Bidder/Procurer with deviation from tender terms and conditions shall summarily rejected. 4. All the Bidder/Procurer shall submit their offers on e-tendering mode. I/We have carefully read the terms and conditions which I/We have thoroughly understood and to which I/We shall abide. Seal and Signature of Bidder 11

12 Annexure -C FORMAT OF THE BANK GUARANTEE FOR EMD (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) In consideration of the. (Insert name of the Bidder) submitting the Bid inter alia for Sale of power on short term basis through tender process in response to the Tender dated issued by Maharashtra State Electricity Distribution Company Limited, (hereinafter referred to as Seller) and such Seller agreeing to consider the Bid of [Insert the name of the Bidder] as per the terms of the Tender, the (Insert name and address of the bank issuing the Bank Guarantee, and address of the head office) (here in after referred to as Guarantor Bank ) hereby agrees unequivocally, irrevocably and unconditionally to pay to the Seller or its authorized representative at Mumbai forthwith on demand in writing from the Seller or any representative authorized by it in this behalf an amount not exceeding Rupees (Rs..) only [Insert amount not less than that derived on the basis of Rs. 10 (ten) thousand per MW per month multiplied with the total quantum of power offered by the Bidder, minimum of Rs. 5 lakhs], on behalf of M/s...[Insert name of the Bidder]. This guarantee shall be valid and binding on the Guarantor Bank up to and including (Insert date of validity of Bank Guarantee in accordance with tender condition) 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 or alternations made, given, or agreed with or without our knowledge or consent, by or between concerned parties. Our liability under this Guarantee is restricted to Rupees.. (Rs.) only. Our Guarantee shall remain in force until.. [Date to be inserted by Seller] or its authorized representative shall be entitled to invoke this Guarantee until.. [Insert Date, which is 30 days after the date in the preceding sentence]. The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand from the Seller 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 the Seller 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 MSEDCL or its authorized representative to justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against the Seller or its authorized representative in respect of any payment made hereunder. This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction. The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank in the manner provided herein. 12

13 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, the Seller 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 the Seller or its authorized representative or to exercise, levy or enforce any distress, diligence or other process against the Bidder. The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the Seller and may be assigned, in whole or in part, (whether absolutely or by way of security) by the Seller to any entity to whom it is entitled to assign its rights and obligations under the RFP Documents. The Guarantor Bank hereby agrees and acknowledges that Maharashtra State Electricity Distribution Company shall have a right to invoke this Bank Guarantee either in part or in full, as it may deem fit. Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs... (Rs only) and it shall remain in force until.. [Date to be inserted on the basis of tender condition], with an additional claim period of thirty (30) days thereafter. We are liable to pay the guaranteed amount or any part thereof under this BANK GUARANTEE only if Seller 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. Witness: 1.. Signature Signature Name and address. Name: 2... Designation with Bank Stamp Signature Name and address Attorney as per power of attorney No. For:. [Insert Name of the Bank] Banker s Stamp and Full Address: Dated this day of 20.. Note: The Stamp Paper should be in the name of the Executing Bank. 13

14 Annexure D Format for Contract Performance Guarantee (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution. Foreign entities submitting Bids are required to follow the applicable law in their country. To be provided separately in the name of each of the Seller, in proportion to their Contracted Capacity) In consideration of the..[insert name of the Successful Bidder with address] agreeing to undertake the obligations as per terms of LOA and Tender Documents and Maharashtra State Electricity Distribution Company Ltd. (herein after referred to as Seller), agreeing to execute the tender Documents with the Successful Bidder for Sale of power on short term basis through tender process, the. [Insert name and address of the bank issuing the guarantee and address of the head office] (hereinafter referred to as Guarantor Bank ) hereby agrees unequivocally, irrevocably and unconditionally to pay to the Seller at MSEDCL, Plot G-9, Anant Kanekar Marg, Prakashgad, Bandra (East), Mumbai forthwith on demand in writing from the Seller or any Officer authorized by it in this behalf, any amount up to and not exceeding Rupees.. only [Insert the amount of the bank guarantee computed on the basis of one (1) lakhs/mw per month for period of three months with respect to the Contracted Capacity of Seller as per the terms of LOA] on behalf of M/s.. [Insert name of the Successful Bidder]. This guarantee shall be valid and binding on the Guarantor Bank up to and including.[insert date of validity of CPG] and shall in no event not be terminable by notice or any change in the constitution of the Bank or the term of the PPA or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or between parties to the respective agreement. Our liability under this Guarantee is restricted to Rs... (Rs...only). Our Guarantee shall remain in force until.. [Insert the date of validity of the Guarantee as per tender condition]. The Seller shall be entitled to invoke this Guarantee up to thirty (30) days of the last date of the validity of this Guarantee by issuance of a written demand to invoke this guarantee. The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand from the Seller, made in any format, raised at the above mentioned address of the Guarantor Bank, in order to make the said payment to the Seller. The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and notwithstanding any objection by,.. [Insert name of the Successful Bidder] and/or any other person. The Guarantor Bank shall not require the Seller to justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against the Seller in respect of any payment made hereunder. This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction. The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank in the manner provided herein. This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation, restructuring, liquidation, winding up, dissolution or any other change in the constitution of the Guarantor Bank. 14

15 This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly the Seller shall not be obliged before enforcing this BANK GUARANTEE to take any action in any court or arbitral proceedings against the Successful Bidder/Procurer, to make any claim against or any demand on the Successful Bidder/Procurer or to give any notice to the Successful Bidder/Procurer or to enforce any security held by the Seller or to exercise, levy or enforce any distress, diligence or other process against the Successful Bidder/Procurer. The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the Seller and may be assigned, in whole or in part, (whether absolutely or by way of security) by the Seller to any entity to whom it is entitled to assign its rights and obligations under the LOA. The Guarantor Bank hereby agrees and acknowledges that the Seller shall have a right to invoke this Bank Guarantee either in part or in full, as it may deem fit. Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs... crores (Rs... crores only) and it shall remain in force until [Date to be inserted as per tender condition and LOA], with an additional claim period of thirty (30) days thereafter. This BANK GUARANTEE shall be extended from time to time for such period, as may be desired by.. [Insert name of the Successful Bidder/Procurer]. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only if the Seller 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. Witness: 1.. Signature Name and Address. Name: 2... Designation with Bank Stamp Name and Address Attorney as per power of attorney No. For:. [Insert Name of the Bank] Banker s Stamp and Full Address: Dated this day of 20.. Notes: i. The Stamp Paper should be in the name of the Executing Bank. This date shall be one (1) month after the Bid Validity. 15

16 Annexure-E Terms for Letter of Credit 1. (a) This LC is irrevocable and shall revolve automatically immediately after release of payment to Discom through this LC, up to a limit of Rs. Lakhs. (b) LC shall be negotiable at Mumbai. 2. All Letter of Credit charges i.e. opening, amendment, recoupment, operation, usage, negotiation, remittance etc, shall be borne by the buying Utility. 3. The LC shall remain valid up to one month after expiry of contract period. 4. The bill would be paid immediately on presentation to the bank. Signature of Authorized Signatory with seal Name: Designation: 16

17 Annexure - F CONTACT INFORMATION SHEET (For the purpose of co-ordination for the tender CE(PP)/T-2/2015 Sr. No. Particulars Information 1 Company Name 2 Correspondence Address 3 Office Telephone No. 4 Office Fax No 5 Office id 6 Contact Person Details 6.a Name 6.b Mobile No. 6.c id 7 Alternate Contact Person Details 7.a Name 7.b Mobile No. 7.c id Seal and Signature of Bidder 17