RFP for Micro/Mini Hydro Power Projects - JREDAjreda.com/tenders/pdf/2016/12_11_16_bid_docu_shp_nib_34.pdfRFP for Micro/Mini Hydro Power Projects Jharkhand Renewable Energy Development

RFP for Micro/Mini Hydro Power Projects

Jharkhand Renewable Energy Development Agency Page | 1

REQUEST FOR PROPOSAL

for

COMPETITIVE BIDDING PROCESS

FOR

DEVELOPMENT OF MINI/ MICRO/ SMALL HYDEL POWER

PROJECTS

in the state of,

JHARKHAND, INDIA

Ref No. 34/JREDA/SHP/2016-17

Issued by

JHARKHAND RENEWABLE ENERGY DEVELOPMENT AGENCY

(JREDA)

3rd Floor, SLDC Building, Kusai Colony, Doranda,

Ranchi-834002. Jharkhand INDIA.

Phone No. +91-0651-2491161

Fax No. +91-0651-2491165

Email: [email protected]

Date: 12th November 2016

mailto:[email protected]



DISCLAIMER

1. This RFP document is not transferable. The information contained in this RFP document and

other documents which form part of RFP document or information subsequently provided to

Bidder(s), whether verbally or in documentary or any other form by or on behalf of

Jharkhand Renewable Energy Development Agency (JREDA) or any of their employees or

advisors, is provided to Bidder(s) on the terms and conditions set out in this RFP.

2. This RFP is not an agreement and is neither an offer nor invitation by JREDA to the

prospective Bidders or any other person. The purpose of this RFP is to provide information

to prospective Bidders to enable them in preparing and submitting technical and financial

bid (“Bid”) in response to this RFP. This RFP includes statements, which reflect various

assumptions and assessments made by JREDA. Such assumptions, assessments and

statements do not purport to contain all the information that each Bidder may require. This

RFP may not be appropriate for all prospective Bidders, and it is not possible for JREDA, its

employees or advisors to consider the investment objectives, financial situation and

particular needs of each Bidder who reads or uses this RFP. The assumptions, assessments,

statements and information contained in the Bidding Documents, may not be complete,

accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations

and analysis and should check the accuracy, adequacy, correctness, reliability and

completeness of the assumptions, assessments, statements and information contained in this

RFP and make their own assessment of the proposed invitation.

3. Discrepancy, if any, in the RFP document shall be communicated by the Bidder to the

undersigned immediately and if no intimation is received by the office of the undersigned,

within Seven days from the date of issue of this document, it shall be considered that the RFP

document is complete in all respects.

4. JREDA, its employees and advisors make no representation or warranty and shall have no

liability to any person, including any Applicant or Bidder under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,

damages, cost or expense which may arise from or be incurred or suffered on account of

anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,

completeness or reliability of the RFP and any assessment, assumption, statement or

information contained therein or deemed to form part of this RFP or arising in any way for

participation in this Bid Stage

5. This RFP is not intended to provide the basis of any investment decision and each

prospective Bidder must make its own independent assessment in respect of the Project. No

person has been authorized by JREDA to give any information or to make any representation

not contained in this RFP.

6. Nothing in the RFP should be relied on, as a promise or representation as to the future.



7. JREDA or its authorized officers reserve the right, without prior notice, to change the

procedure for the selection of Successful Bidders including additional evaluation criteria and

other appropriate actions, at any time before the signing of any agreement in relation to the

Project(s) without assigning reasons thereof.

8. Neither JREDA nor its employees or consultants will have any liability to any Bidder or any

other person under law, equity or contract, or otherwise for any alleged loss, expense or

damage which may arise from or be incurred or suffered in connection with anything

contained in the RFP, any matter deemed to form part of the RFP, the award of the Project,

the project information and any other information supplied by or on behalf of JREDA or their

employees, any consultants or otherwise arising in any way from the selection process for

the project.

9. JREDA reserves the right, in its absolute discretion, but without being under any obligation to

do so, to change, modify, update, amend or supplement the information, assessment or

assumptions contained in this RFP. Such a change would be intimated to all parties procuring

this document.

10. The issue of this RFP does not imply that JREDA is bound to select a Bidder or allocate the

capacity to the Successful Bidder and JREDA reserves the right to reject any or all of the Bids

submitted in response to the RFP at any stage without assigning any reasons whatsoever.

11. The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage, delivery fees,

expenses associated with any demonstrations or presentations which may be required by

JREDA or any other costs incurred in connection with or relating to its Bid. All such costs and

expenses will remain with the Bidder and JREDA shall not be liable in any manner

whatsoever for the same or for any other costs or other expenses incurred by a Bidder in

preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding

Process.

12. The Bidders are prohibited from any form of collusion or arrangement in an attempt to

influence the selection and award process of the Bid. Giving or offering of any gift, bribe or

inducement or any attempt to any such act on behalf of the Bidder towards any

officer/employee of JREDA or to any other person in a position to influence the decision of

JREDA for showing any favour in relation to this RFP or any other contract, shall render the

Bidder to such liability/penalty as JREDA may deem proper, including but not limited to

rejection of the Bid of the Bidder and forfeiture of its Bid Security.

13. Authorized Person for Correspondence:

Designation: Project Director

Address: Jharkhand Renewable Energy Development Agency

3rd Floor, SLDC Building, Kusai Colony, Doranda

Ranchi – 834 002 (Jharkhand)

Tel: +91-651-249 1161;



Mobile: +91-94311-02540

Fax: +91-651-249 1165

E-mail: [email protected]




Table of Contents

1. INTRODUCTION & BACKGROUND ...................................................................................... 8

2. DEFINITIONS ............................................................................................................................ 11

3. INFORMATION FOR THE BIDDERS ................................................................................... 15

3.1 Size & Capacity of Projects ................................................................................................................ 15

3.2 Bidding parameter: .............................................................................................................................. 16

3.3 General Information of the Project ...................................................................................................... 16

4. INSTRUCTIONS TO THE BIDDER ....................................................................................... 20

4.1 Number of Response to RfP by an Entity ........................................................................................... 20

4.2 Obtaining RfP document & Bid Processing Fees................................................................................ 20

4.3 Submission of Response to RfP by the Bidder .................................................................................... 20

4.4 Submission of Original Physical Copies:- ........................................................................................... 22

4.5 Details on submission of Financial Bid:- ............................................................................................ 23

4.6 Adherence to the Prescribed Format ................................................................................................... 23

4.7 Miscellaneous ...................................................................................................................................... 23

4.8 Bid Deadline and Other Timeline Schedule ........................................................................................ 24

4.9 Late Bids ............................................................................................................................................. 25

4.10 Modifications / Substitution / Withdrawal of Bids .............................................................................. 25

4.11 Method of Submission ........................................................................................................................ 25

4.12 Validity of the Response to RfP .......................................................................................................... 27

4.13 Extension of Bid Validity period ........................................................................................................ 27

4.14 Opening of Bids .................................................................................................................................. 27

4.15 Clarifications ....................................................................................................................................... 28

4.16 Bidders’ Responsibilities .................................................................................................................... 28

4.17 Preparation cost ................................................................................................................................... 28

4.18 Enquiries/Clarifications: ..................................................................................................................... 29

4.19 Amendment of RFP............................................................................................................................. 29

4.20 Right to reject a Bid ............................................................................................................................ 29

4.21 Bid Bond & Performance Guarantee .................................................................................................. 30

4.22 Non-Discriminatory and Transparent Bidding Proceedings ............................................................... 31

4.23 Fraud and Corrupt Practices ................................................................................................................ 31

4.24 Confidentiality .................................................................................................................................... 32

4.25 Miscellaneous ...................................................................................................................................... 32

5. Qualification Requirements ....................................................................................................... 35

5.1 Eligibility Conditions .......................................................................................................................... 35

5.2 Financial Criteria: ............................................................................................................................... 36



5.3 Technical Criteria: ............................................................................................................................... 38

5.4 Blacklisted Entity ................................................................................................................................ 39

6. EVALUATION CRITERIA....................................................................................................... 41

6.1 Step I - Responsiveness check ............................................................................................................ 41

6.2 Step II - Evaluation of fulfilment of Qualifications Requirements ..................................................... 42

6.3 Step III – Financial Bid evaluation ..................................................................................................... 42

6.4 Issuance of Letter of Intent.................................................................................................................. 43

6.5 Acceptance of Letter of Intent (LoI) and Signing of Implementation Agreement .............................. 43

6.6 JREDA’s Right to accept or reject Bid ............................................................................................... 44

7. OTHER PROVISIONS .............................................................................................................. 46

7.1 Role of State Level Agencies .............................................................................................................. 46

7.2 Land Acquisition and Clearances ........................................................................................................ 46

7.3 Power Sale........................................................................................................................................... 46

7.4 Mechanism for dealing with Free Power: ........................................................................................... 46

7.5 Grid Connectivity: ............................................................................................................................... 47

7.6 Revenue from ancillary (other than Sale of Power) services: ............................................................. 48

7.7 Minimum Equity Holding / Lock in .................................................................................................... 48

7.8 Commissioning ................................................................................................................................... 49

7.9 Levies, Taxes & Charges .................................................................................................................... 49

7.10 Transfer of Project............................................................................................................................... 50

8. FORMATS FOR BID SUBMISSION ....................................................................................... 52

Annexure 1 Executive Summary ...................................................................................................................... 53

Annexure 2 Covering Letter ............................................................................................................................. 54

Annexure 3 Format for Joint Deed Agreement ................................................................................................. 56

Annexure 4 Format for Power of Attorney - To be provided by the Bidding Entity/ Lead Member in favour

of its representative ........................................................................................................................................... 60

Annexure 5 Format for Power of Attorney to be provided by each of the other members of the Consortium in

favour of the Lead Member .............................................................................................................................. 62

Annexure 6 Format for Format for Bid Bond ................................................................................................... 64

Annexure 7 Format for Technical and Financial Requirement ......................................................................... 66

Annexure 8 Format for Bidders Undertaking and Scheduled CoD .................................................................. 77

Annexure 9 Format of Undertaking .................................................................................................................. 79

Annexure 10 Format for Board Resolution ..................................................................................................... 81

Annexure 11 Format for Disclosure ................................................................................................................. 85

Annexure 12 Letter of Consent ......................................................................................................................... 86

Annexure 13 Format for Financial Bid ............................................................................................................. 87

Annexure 14 Format for Clarifications/ Amendments on the RfP ................................................................... 92

Annexure 15 Format for Performance Guarantee ............................................................................................ 93

Annexure 16 Check List for Bank Guarantees ................................................................................................. 95

Annexure 17 List of Banks for issuance of BGs/ Bid Bond/ Performance Bank Guarantee ............................ 96

Annexure 18 Illustration of Affiliates ............................................................................................................... 97



Annexure 19 Illustration for Applicable Board Resolutions Requirements ....................................................... 98

Annexure 20 Detailed Project Description ...................................................................................................... 100

Annexure 21 Implementation Agreement ....................................................................................................... 103



1. INTRODUCTION & BACKGROUND

The state of Jharkhand almost comprises hilly terrain mostly of Chhotanagpur plateau and 30%

of total area (79,714 sq km) is covered with forest. The normal annual rainfall is 1400 mm.

These geographical factors provide a number of Small/ Mini and Micro Hydro Power potential

sites at waterfalls and rapids in the streams and rivers of Jharkhand.

In order to electrify villages & hamlets, thrust has been provided to encourage the development

of Small/ Mini and Micro Hydro Power Projects in the state. The Government of Jharkhand (GoJ)

has appointed Jharkhand Renewable Energy Development Agency (Hereinafter referred to as

JREDA) as a nodal agency for identification of project sites suitable for development of Small

Hydro Electricity Plants (SHP), preparation of Pre-Feasibility Report & Detailed Feasibility

Report, and DPR followed by selection of developers through an appropriate mechanism for

development of SHP.

The total installed capacity of small/mini hydro power station in Jharkhand is 4050 kW out of

which 4000 kW of Tilayia SHP is owned by DVC and 50 kW of portable micro hydro sets is

owned by Bihar State Hydro Electric Power Corporation. There are 90 nos. of Small/Mini/Micro

hydro power project having total estimated capacity of 134170 KW under different stages of

development.

The operational hydel power plants in the state of Jharkhand are given below:

S. No.

Name of Power Station

Owner Installed Capacity Date of

Commissioning Location

No. of Units X Capacity (KW)

Total (KW)

District Stream/ River

1. Jalimghagh (PMHS)

BHPC 2X10 20 14th March, 1997

Lohardaga Chokey

2. Nindighagh (PMHS)

SHPC 2X10 20 14th March, 1997

Gumla Nindi

3. Goutamghagh (PMHS)

BHPC 1X10 10 7th January, 1999

Palamu Chappi-Kona

4. Titalya SHP DVC 2X2000 4000 21st February, 1953

Hazaribagh Barakar

5. Chandil 2X4000 8000 West Singhbhun

Total 12050

JREDA is responsible for development of Hydro Power projects up to 25 MW of capacity. JREDA

seeks to select competent, experienced and capable party (ies) having the necessary technical

competence, experience and financial strength for developing such projects. In this regard,

JREDA has engaged Feedback Infra Private Limited as consultants for providing Advisory

Services for selection of Developers for the said projects.



JREDA has decided to adopt a single stage competitive bidding process for selection of

developers for thirteen (13) identified sites. The Bidders shall be required to respond to the RfP

issued by JREDA by submission of Technical as well as Financial bid. Financial bids of only those

Bidders who have qualified technically shall be opened for evaluation. The decision of JREDA in

this regard shall be final and binding.



SECTION - 2

DEFINITIONS



2. DEFINITIONS The capitalized terms used in this Request for Preparation (RfP), shall have the meaning given

hereunder:

“Affected Party” means any of the JREDA or the IPP whose performance has been affected

by an event of Force Majeure.

“Affiliate” shall means an entity that, directly or indirectly,

o controls, or

o is controlled by, or

o is under common control with a Bidding Entity (in case of a single entity) or

o a Member in a Bidding Consortium (in the case of a Consortium) and control means

ownership by one entity of at least 26% (twenty six percent) of the voting rights of

the other entity.

As an illustration a chart is annexed hereto as Annexure 18.

“Authorised Person” shall mean the person designated by JREDA (Presently Director

JREDA) to represent them in its dealings with the Bidders. The Authorised person shall be

authorized to perform all tasks such as providing information, responding to enquiries,

issuing clarifications, calling pre-bid conference, issue advertisements for Request for

Proposal (RfP) etc.

“Bid” shall mean the response submitted by the Bidders in accordance with the terms and

conditions of this RfP.

“Bid Deadline” shall be the last date of submission of online bid i.e. by 09th January 2017

upto 05:00 PM.

“Bidder” shall mean the Bidding Entity or Bidding Consortium;

“Bidding Entity” or “Entity” shall mean the reference to the single entity being a Bidding

Company/Partnership firm/Proprietary Concern, if the Bid for the proposed Project has

been made by a single entity;

“Bidding Consortium” or “Consortium” shall mean the reference to the group of entities,

each being a Member in a Bidding Consortium, if the Bid for the proposed Project has been

made jointly by more than one entity.

“Change in Ownership” shall mean change of ownership of the Bidder by way of merger/

acquisition/ amalgamation/ reorganization/ consolidation/ demerger.

“Conflict of Interest” A Bidder may be considered to be in a conflict of interest with one or

more Bidders in the same bidding process if they have a relationship with each other,



directly or through a common entity, that puts them in a position to have access to

information about or influence the Bid of another Bidder.

“Consents, Clearances and Permits” shall mean all authorizations, licenses, approvals,

registrations, permits, waivers, privileges, acknowledgements, agreements, or concessions

required to be obtained from or provided by any concerned authority for the purpose of

setting up of the generation facilities and / or supply of power;

“Discom” shall mean Jharkhand Bijli Vitran Nigam Limited (JBVNL) or a successor entity of

JBVNL responsible for distribution of electricity in the state of Jharkhand as per the license

issued by JSERC;

“Electricity Act 2003” or “Act” shall mean the Electricity Act, 2003 and any rules,

amendments, regulation, notifications, guidelines or policies issued there under from time

to time;

“Financial Bid” shall mean the documents and formats as specified in Clause 4.3.4 and

Annexure 13 of the RFP;

“Financial Closure or Financial Close or Project Financing Arrangements” means

arrangements of necessary funds by the IPP either by way of commitments of funds by the

entity from its internal resources and / or tie up of funds through a bank/financial

institution by way of sanction of a loan;

"Financially Evaluated Entity" shall mean the entity which has been evaluated for the

satisfaction of the financial requirement set forth herein in the RfP;

“Force Majeure” means any event or circumstance or combination of events and

circumstances that wholly or partly prevents or unavoidably delays an Affected Party in the

performance of its obligations, but only if and to the extent that such events or

circumstances are not within the reasonable control, directly or indirectly, of the Affected

Party and could not have been avoided if the Affected Party had taken reasonable care.

“Implementation Agreement” or “IA” shall mean the agreement titled ‘Implementation

Agreement’ proposed to be executed between the JREDA and Successful Bidder;

“IPP” or “Independent Power Producer” shall mean the Successful Bidder to whom the

LoI have been issued by JREDA and Implementation Agreement has been signed with;

“JSERC” shall mean the Jharkhand Electricity Regulatory Commission constituted under

sub – section (1) of Section-82 of the Electricity Act, 2003 or its successors

“JREDA” shall mean Jharkhand Renewable Energy Development Agency;

“Letter of Intent” or “LOI” shall mean the letter to be issued by JREDA to the Successful

Bidder for award of the Project;



“Parent” shall mean an entity which holds at least twenty six percent 26% equity either

directly or indirectly in the Bidding Entity;

“RfP” shall mean this Request for Proposal along with all formats and RfP Project

Documents attached hereto and shall include any modifications, amendments, addendums,

corrigendums, alterations or clarifications thereto;

“Selected Bidder(s) or Successful Bidder(s)” shall mean the Bidder(s) selected pursuant

to this RfP to set up the Project and supply of power as per the terms of RfP and

Implementation Agreement;

“Statutory Auditor” shall,

o In case of an Entity being a company, means the auditor appointed under the

provisions of the Companies Act, 1956 or under the provisions of any other

applicable governing law;

o In case of an Entity other than company,

means the person authorized to sign the tax audit report, wherever the

accounts are required to be audited as per Income Tax act 1961

Any practicing Chartered Accountant for other entities not covered above.

“STU” or “State Transmission Utility” shall mean Jharkhand Urja Sancharan Nigam

Limited or a successor entity of JUSNL responsible for transmission of electricity in the

state of Jharkhand as per the license issued by JSERC;

“Ultimate Parent” shall mean an entity which owns at least twenty six percent (26%)

equity either directly or indirectly in the Parent and Affiliates.

Note: In the absence of availability of definitions in the foregoing references, the capitalized

term shall be interpreted only for reference/guidance in accordance with the Electricity Act,

2003 or any other relevant electricity laws, rules or regulations prevalent in the state of

Jharkhand.



SECTION - 3

INFORMATION FOR THE BIDDERS



3. INFORMATION FOR THE BIDDERS

3.1 Size & Capacity of Projects

3.1.1 JREDA has identified following projects for implementation in IPP mode and the details related to capacity, location and estimated cost is mentioned below:

S. No. Name of the Project

Proposed Capacity

(MW) District Name of River

Estimated Project Cost (In INR Cr.)

Diversion Coordinates

Powerhouse Co-ordinates

1. Kurdeg SHP Project

19 Simdega Sankh River \

Brahmani River 166.08

22⁰ 28’ 11.17’’N, 84⁰ 19’ 30.374’’ E

22⁰ 26’ 33.78’’N, 84⁰ 20’ 2.02’’ E

2. Sugabandh Stage-I SHP Project

4.5 Latehar Burha River/

North Koel River

36 23˚ 33’ 46.77’’ N, 84˚ 05’ 39.59’’E

23˚ 34’ 33.5’’ N, 84˚ 05’ 05’’E

3. Sugabandh Stage-II SHP Project

4.5 Latehar Burha River/

North Koel River

39.49 23˚ 34’ 50’’ N, 84˚ 04’ 41’’E

23˚ 36’ 16’’ N, 84˚ 04’ 34’’E

4. Thetaitangar SHP Project

24 Simdega Sankh River \


220 30’ 57.75”N, 840 17’02.60”E

220 28’ 35.94”N, 840 18’11.47”E

5. Raidih SHP Project 23 Gumla Sankh River \


220 49’ 06.63”N, 840 22’ 21.58”E

220 46’ 26.68”N, 840 23’ 11.36”E

6. Basiya SHP Project 9 Gumla South koel river

/ Brahmani river

106.17 22⁰ 50’ 51’’ N, 84⁰ 50’ 07’’ E

22⁰ 50’ 12’’ N, 84⁰ 50’ 12’’ E

7. Torpa SHP Project 13 Ranchi Karo river /

South Koel river 128.5

22o49'03.38" N, 85o08'37.17" E

22-47-56.61 N, 85-10-03.76 E

8. Dasham Fall

SHP Project 6 Ranchi

Subarnarekha river / Kanchi

river 53.64

230 08’ 40” N , 850 28’ 13” E

230 08’ 36” N, 850 28’ 17” E

9. Manoharpur

SHP Project 8

West Singhbhum

Brahmani river / south Koel

river 89.79 850-12'-32" E, 220-28'-57" N

10. Johna SHP Project 1 Ranchi Subarnarekha river/ Ganga

nallah 7.98

230 20’ 41.19” N, 850 36’ 20.84” E

230 20’ 28.87” N, 850 36’ 27.10” E

11. Arki SHP Project 1.5 Khunti Tajna River 11.94 230 01’ 24.13” N, 850 22’ 45.46” E

230 0’ 49.02” N, 850 22’ 40.02” E

12. Sitafall SHP Project 0.7 Ranchi Subarnarekha

river/ Raru river

6.35 230 20’ 33.52” N, 850 38’ 38.99” E

230 20’ 28.02” N, 850 38’ 39.16” E

13. Hundru SHP Project

11 Ranchi Subarnarekha

river 37.91

230 27’ 02.53” N, 850 40’ 09” E

230 26’ 53.72” N, 850 42’ 16.50” E

3.1.2 The salient features of the above mentioned plants are attached as Annexure 20



3.1.3 The Bidder may bid for a single project or a cluster of projects depending on its

qualifications based on the qualification criteria outlined under Section 5.

3.2 Bidding parameter:

3.2.1 Bidders are required to quote the quantum of power, as a percentage of total power

generated, they are willing to supply free of cost over and above the mandatory

minimum of 4% free power.

3.3 General Information of the Project

3.3.1 The allotment of the project shall remain valid till 35th anniversary of the day on which

the project achieves Commercial Operations (CoD). At the end of 35th anniversary, the

project shall revert back to the GOJ. Any decision with regard to an extension beyond

35 years shall be at the discretion and disposal of GOJ.

3.3.2 The free power (over and above the mandatory minimum of 4%) quoted by the Bidder

shall be ranked from the highest to the lowest and the Bidder which has quoted the

highest quantum of free power shall be declared as the Successful Bidder for that

Project.

In case the Quantum of Free Power quoted for the same Project by the two Bidders is

identical, then the Bidder having better technical experience based on the documents

submitted for meeting the technical criteria in RfP shall be considered as Successful

Bidder.

Further to the above, in case the technical experience of the two Bidders are also equal,

then the Bidder having higher Networth based on the documents submitted in

response to RfP shall be considered as Successful Bidder.

3.1.1 The IPP shall be entitled to Renewable Energy Certification (REC) benefits as per JSERC

regulations and applicable laws.

3.1.2 The onus of obtaining all statutory and non – statutory clearances will lie on the IPP.

The Government of Jharkhand (GoJ) and JREDA shall facilitate in obtaining the

statutory clearances.

3.1.3 Construction of project infrastructure including approach roads, arrangement for

water supply, power for construction purposes, etc. shall be the responsibility of the

IPP and the cost thereof shall be borne entirely by the IPP.

3.1.4 While due care has been taken in the preparation of DPRs of SHP, JREDA shall not be

responsible for the accuracy of the information contained therein. Bidders are required

to conduct their own diligence with respect to all the parameters of various projects.



3.1.5 IPPs shall also ensure that the project components do not fall in wild life sanctuaries,

National Parks, eco protection zones, etc. and also do not interfere / overlap with the

existing/ ongoing Hydro Projects.

3.1.6 IPP will be responsible for doing all confirmatory survey and investigation including

site access, etc. at its own cost leading to preparation of DPR.

3.1.7 The IPP shall be responsible for ensuring submission of documents complete in all

respects to concerned authorities. Failure to do so within the stipulated time frame

shall be treated as non-compliance of the policy and RfP.

3.1.8 IPP shall be responsible for all the R&R activities, including cost of implementation

plan, as approved by GoJ.

3.1.9 The Bidder shall be responsible for carrying out due diligence with regard to his

compliance responsibilities under various applicable Central/ State/ other laws, rules

and regulations and ensure compliance with the same.

3.1.10 All Bidders are required to submit information in accordance with the instructions set

forth in this RfP. Bidders should provide information sought herein in order to

satisfactorily establish their competence and suitability for executing the Project. The

Bids submitted in response to RfP shall be valid for a period of one hundred & eighty

(180) days from the last date of submission of Bid.

3.1.11 The Successful Bidder should not assume that his bid shall automatically be accepted

prior to the expiry of the period of bid process prescribed by JREDA in the RfP

document including extensions if any. JREDA will notify the Successful Bidder by

telefax or email, to be confirmed in writing by registered letter, that his bid has been

accepted. No correspondence will be entertained from the unsuccessful Bidders.

3.1.12 JREDA reserves the right to accept, revoke or reject any tender, and to annul the

bidding process and reject all bids, at any time prior to allotment of Project. In the

event of cancellation/ revocation/ withdrawals etc. the Bidder shall not claim any

right/claim or any amount (except the refund of amount of Bid Bond, if any deposited)

for any reason whatsoever from JREDA or the State. No right or claim shall be deemed

to have been accrued in favour of a Successful Bidder.

3.1.13 JREDA reserves its right to cancel the allotment of Project even after issuance of Letter

of Intent if it comes to its notice the allotment was obtained by some

misrepresentation / suppression/ concoction of facts/profile etc. and also for the

reason that the execution/continuation by the IPP is not in the interest of State and the

Public.

3.1.14 Mere issuance of bidding document to any Bidder shall not construe that such Bidder is

considered to be qualified. Bidders in their own interest are advised to ascertain

meeting the qualification criteria before purchasing the RfP document.



3.1.15 JREDA reserves the right to accept/reject any or all bids/responses without assigning

any reason thereof.



SECTION – 4

INSTRUCTION TO THE BIDDER



4. INSTRUCTIONS TO THE BIDDER

4.1 Number of Response to RfP by an Entity

4.1.1 A Bidder shall submit Bid either as a Bidding Entity or as a Consortium of Entities but

not both.

4.1.2 Bidder in Conflict of Interest with one another shall be liable for disqualification/

rejection under the sole discretion of JREDA. Further, the Bidders shall provide

relevant disclosure as specified in Annexure 11 of the RFP.

4.2 Obtaining RfP document & Bid Processing Fees

4.2.1 Prospective Bidders interested to participate in the bidding process can download the

RfP document from our website http://www.jreda.com. Bidders are required to

submit their scanned bids online only in electronic format with digital signature.

4.2.2 The Bidders are required to submit payment instruments in the form of Demand

Draft/ banker’s cheque/ pay order of Rs. 25,000 (Rs. Twenty Five Thousands Only)

towards Document & Bid Processing Fees in the form of Demand Draft/ banker’s

cheque/ pay order to be drawn on a Nationalized/ Scheduled bank in favour of

“Director, Jharkhand Renewable Energy Development Agency, Ranchi” payable at

Ranchi

4.3 Submission of Response to RfP by the Bidder

4.3.1 The Response to the RFP shall be submitted by the Bidders online only in the

electronic form in the manner as specified in Clause 4.11 of the RfP. The Bidder shall

upload the scanned copies of the following documents in PDF format on the website

http://jharkhandtenders.gov.in.

4.3.2 Part I

The Part I shall contain the following:

Scanned copy of the Banker’s cheque / Demand Draft / Pay order for

Rs. 25,000 (Rs. Twenty Five Thousands Only) towards the Document & Bid

Processing Fees;

Covering Letter (Annexure 2);

Scanned copy of the Bank Guarantee towards Bid Bond @ Rs. 3.0 Lac/MW as per

Annexure 6

4.3.3 Part II – Non financial bid

The Part II shall contain the following:

http://www.jreda.com/

http://jharkhandtenders.gov.in/



Executive Summary as per Annexure 1;

Covering Letter as per Annexure 2;

In case of a Consortium, a Joint Deed Agreement between the Members in the

Consortium as per Annexure 3 along with Board resolution (Letter of undertaking in

case of Proprietary Concern and Partnership Firms) from each Member of the

Consortium for participating in consortium;

Power of Attorney to be provided by the Bidding Entity/ Lead Member in favour of its

representative as per Annexure 4;

In case of a Bidding Consortium, a Power of Attorney in favour of the Lead Member

issued by the other Members of the Consortium shall be provided as per format

attached hereto as Annexure 5;

In the event any Member of the Bidding Consortium (other than Lead Member) is a

foreign entity, it may submit Board Resolutions in place of Power of Attorney for the

purpose of fulfilling the requirements under this Clause. Provided that such Board

Resolutions shall be supported by an unqualified opinion issued by the legal counsel

of such foreign entity stating that the Board Resolutions are in compliance with the

applicable laws of the respective jurisdictions of the issuing Entity and the

authorizations granted therein are true and valid;

Formats for Financial & Technical Qualification Requirements as per Annexure 7 as

applicable;

Format for Bidder’s undertaking and Scheduled CoD as per Annexure 8;

Format of undertaking by parent / affiliate of Bidding Entity / Members of Bidding

Consortium as per Annexure 9 as applicable;

Board Resolutions (Letter of undertaking in case of Proprietary Concern and

Partnership Firms) as per prescribed formats enclosed as Annexure 10 duly certified

by the Company Secretary or the Director of the relevant Bidder, as applicable to the

Bidder as illustrated in Annexure 19;

A disclosure statement as per Annexure 11 regarding participation of any related

companies in this bidding process;

Letter of consent from the Authorized Signatory as per Annexure 12 regarding

participation of any related companies in this bidding process;

Draft of Performance Guarantee (to be submitted at the time of acceptance of LoI) in

the form as per Annexure 15; duly signed as acceptance;



RfP documents including Implementation Agreement (Provided in Annexure 21) duly

signed as a token of acceptance;

Audited Annual Accounts of each of the last three Financial Years FY 2013-14,

FY 2014-15 & FY 2015-16 of Bidding Entity/ Each Member of the Bidding

Consortium/ Affiliate/ Parent/ Ultimate Parent Entity whose credentials are used for

the fulfilment of Financial Requirement;

Information about the Promoters and their shareholding in the Entity duly signed by

the Company Secretary/Full-time Director of the Entity;

Memorandum and Articles of Association of Bidding Entity/Each Member of the

Bidding Consortium/Affiliate/Parent/Ultimate Parent Entity whose credentials are

used for the fulfilment of Technical and Financial Requirement.

Any other document as per this Request for Proposal.

4.3.4 Part III – Financial bid

4.3.5 The Part III shall contain the duly Quoted & digitally signed Bill of Quantity (BoQ) in

the file supplied by JREDA in .xls/.pdf format shall be uploaded.

4.3.6 For the purpose of representation only (Not to be submitted with the Technical Bid),

format for Financial Bid is provided in Annexure 13 (A);

4.3.7 The Bidder is also required to indicate the preference order of the projects which they

have quoted in the BoQ. The format of the same is provided in Annexure 13 (B) and the

same shall be uploaded along with the BoQ in the e-tendering website. However, the

same is NOT to be uploaded along with the Technical Bid.

4.4 Submission of Original Physical Copies:-

The original physical copies of the following shall also be required to be submitted by the

Bidder at JREDA office by the Deadline for submission of offline documents:

4.4.1 Original Copy of Covering Letter as per Annexure 2;

4.4.2 Original Copy of Joint Deed Agreement as per Annexure 3;

4.4.3 Original Copy of Power of Attorneys as per Annexure 4 & Annexure 5;

4.4.4 Original Copy of Bid Bond of Rs. 3 Lac/MW as per Annexure 6;

4.4.5 Demand Draft of Rs. 25,000 (Rs. Twenty Five Thousands Only) towards the Document

& Bid Processing Fees.



4.5 Details on submission of Financial Bid:-

4.5.1 The Bidders are required to submit their Financial Quotes as a quantum of power,

expressed as a percentage of total power generated, they are willing to supply free of

cost over and above the mandatory minimum of 4% free power.

4.5.2 A Bidder can submit only one bid for one project. A Bidder may submit bids for

multiple or all the projects however, the allotment of the project to a Bidder shall be

limited to the capacity which a Bidder is eligible for.

4.5.3 In the financial format, Annexure 13(B), the Bidder is also required to indicate the

name of the projects in the order of priority.

4.6 Adherence to the Prescribed Format

4.6.1 Wherever information has been sought in specified formats, the Bidders shall fill in the

details as per the prescribed formats and shall refrain from referring to any other

document for providing any information required in the prescribed format.

4.7 Miscellaneous

4.7.1 The Bidder may be shortlisted based on the declaration made by them in the relevant

Schedules/ Annexure/ Format(s) of RfP. The documents submitted along with the Bid

may be verified before issuance of LoI. The valid Successful Bidder has to provide the

originals to the concerned authority on receipt of such letter, which will be sent though

registered post.

4.7.2 If the Bidder/Member in a Bidding Consortium conceals any material information or

makes a wrong statement or misrepresents facts or makes a misleading statement in

its Response to RfP, in any manner whatsoever, the JREDA reserves the right to reject

such response to RfP and/or cancel the Letter of Intent, if issued and the Bid Bond

provided up to that stage shall be encashed.

4.7.3 Response submitted by the Bidder shall become the property of JREDA and the JREDA

shall have no obligation to return the same to the Bidder.

4.7.4 All pages of the response to RfP submitted online must be initialled by the person

authorized by the board as per Annexure 4, Annexure 5 and Annexure 10 on behalf of

the Bidder.

4.7.5 The Response to RfP shall be submitted as mentioned in Clause 4.11. However, no

change or supplemental information to a Response to RfP will be accepted after the

scheduled date and time of submission of response to RfP. JREDA reserves the right to

seek additional information from the Bidders, if found necessary, during the course of

evaluation of the Response to RFP.



4.7.6 All the information should be submitted in English language only.

4.7.7 Bidders shall mention the name of the contact person and complete address of the

Bidder in the covering letter.

4.7.8 Response to RfP that are incomplete or which do not substantially meet the

requirements prescribed in this RfP, will be liable for rejection at the discretion of

JREDA.

4.7.9 Bidders delaying the submission of additional information or clarifications sought will

be liable for rejection at the discretion of JREDA.

4.7.10 Response to RfP not submitted in the specified formats will be liable for rejection at the

discretion of JREDA.

4.7.11 Non-submission and/or submission of incomplete data/ information required under

the provisions of RfP shall not be construed as waiver unless the waiver is explicitly

provided in writing.

4.7.12 Only Ranchi Courts shall have exclusive jurisdiction in all matters pertaining to RfP,

Bid Process, Bid Evaluation, Implementation Agreement etc.

4.8 Bid Deadline and Other Timeline Schedule

4.8.1 The Bidders should submit their Bids online in electronic form on or before the Bid

Deadline i.e. 05:00 PM (IST) on 09th January 2017

Project Director

Jharkhand Renewable Energy Development Agency


Ranchi- 834002.

Ph.No: 2491161, Fax No: 0651-2491165

4.8.2 The Bidder shall further submit the original documents as specified in the Clause 4.4 in

a sealed envelope so as to reach the following address by 05:00 PM (IST) on

10th January 2017 at the above mentioned address.

4.8.3 Selection of Hydro Power Project Developer and Project commissioning shall be

carried out according to the timeline given below:-

Date Event

12th November 2016 Issuance of RfP

16th December 2016 Pre Bid Meetings (11:30 AM onwards)

19th December 2016 Last Date of receipt of clarifications



Date Event

09th January 2017 Last date of downloading of RfP (Upto 5 PM)

09th January 2017 Last date of Submission of Online Bids (Upto 5 PM)

10th January 2017 Last date of Submission of Offline Documents (Upto 5 PM)

11th January 2017 Opening of Technical Bid (At 3:30 PM)

4.8.4 JREDA may, its sole discretion, extend the bid submission date by issuing an

Addendum in accordance with Clause 4.19 uniformly for all Bidders.

4.9 Late Bids

4.9.1 Any Bid received by JREDA after the Bid Deadline mentioned at Clause 4.8.3 above will

not accepted by JREDA. Further, non-submission of original hard copies of Document &

Bid Processing fees and valid Bid Bond by the Bid Deadline will lead to rejection of the

Bid.

4.10 Modifications / Substitution / Withdrawal of Bids

4.10.1 A Bidder may modify, substitute, or withdraw its Bid online before or by the Bid

Deadline.

4.10.2 No Bid shall be modified, substituted or withdrawn by the Bidder after the Bid

Deadline.

4.11 Method of Submission

4.11.1 The guidelines for registration, downloading the RFP document and online submission

are available at website http://jharkhandtenders.gov.in.

4.11.2 To participate in bidding process, Bidders have to get ‘Digital Signature Certificate

(DSC)’ as per Information Technology Act-2000 to participate in online bidding. This

certificate will be required for digitally signing the bid. Bidders can get above mention

digital signature certificate from any approved vendors (CCA). Bidders, who already

possess valid Digital Certificates, need not to procure new Digital Certificate.

4.11.3 The Bidders have to submit their bids online in electronic format with digital

Signature. The Bids without digital signature will not be accepted. No Bid will be

accepted in physical form.

4.11.4 Bidders should get ready with the scanned copies of cost of document & bid processing

fee and Bid Bond as specified in the RfP. Before submission of online bids, Bidders

must ensure that scanned copy of all the necessary documents have been attached

with Bid.

http://jharkhandtenders.gov.in/



4.11.5 The above payment shall be non-refundable and the original instrument (DD/Banker’s

Cheque/ pay order) and the original Bank Guarantee towards Bid Bond along with the

other documents as specified in Clause 4.4 shall be submitted in a sealed cover/

envelope to the address mentioned below before the Deadline for submission of offline

documents and time (i.e. 10th January 2017 upto 05:00 PM), failing which, the bid shall

not be considered.

Project Director



Ranchi- 834002.

Ph. No: 0651- 2491161, Fax No: 0651-2491165

Web site: www.jreda.com


The Bidder may submit the hard copies of the above mentioned documents by

10th January 2017 upto 05:00 PM at the above mentioned address.

4.11.6 The Bids which are not accompanied with the Document & Bid Processing Fees or Bid

Bond as mentioned above shall be summarily rejected as Nonresponsive.

4.11.7 The sealed envelope containing the Document & Bid Processing Fees / Bid Bond along

with the other documents as specified in Clause 4.4 should be super scribed thereon

“RESPONSE TO REQUEST FOR PROPOSAL FOR SETTING UP OF MICRO/MINI & SMALL

HYDRO PROJECT IN THE STATE OF JHARKHAND” and shall further provide details

such as NIT, time & date of submission and Bidder’s full correspondence address.

4.11.8 The details of cost of Document & Bid Processing Fee and Bid Bond as specified in the

RfP documents should be the same as submitted online (scanned copies) failing which

the Bid will be summarily rejected.

4.11.9 Uploaded documents of Successful Bidders may be verified with the original

documents before the issuance of LoI. The Successful Bidder has to provide the

originals to JREDA.

4.11.10 JREDA will not be responsible for delay in online submission due to any reason.

4.11.11 All the required information for Bid must be filled and submitted online.

4.11.12 Bids submitted by hard copy, fax, telex, telegram or e-mail shall not be entertained and

shall be rejected.

4.11.13 The pages and volumes of each part of the Bid submitted online shall be clearly

numbered and signed & stamped and the contents of the Bid shall be duly indexed.

4.11.14 The Bid submitted online shall be typed or printed. It shall be signed and each page of

the Bid shall be initialled by a person or persons duly authorized to sign on behalf of



the Bidder and holding the Power of Attorney as per the format provided in

Annexure 4 of this RfP.

4.11.15 The Bid shall contain no alterations or additions, except those to comply with

instructions issued by JREDA or as necessary to correct errors made by the Bidder, in

which case such corrections shall be initialled by the person or persons signing the Bid.

4.11.16 JREDA reserves the right to reject any Bid which is not sealed and marked as instructed

above and JREDA will assume no responsibility for the misplacement or premature

opening of the Bid.

4.12 Validity of the Response to RfP

The Bidder shall submit the Response to RfP which shall remain valid up to the One

Hundred Eighty (180) days from the Bid Deadline ("Bid Validity"). JREDA reserves the

right to reject any Bid which does not meet the aforementioned validity requirement.

4.13 Extension of Bid Validity period

JREDA may, prior to expiry of the original Bid Validity Period, request the Bidders to

extend the period of validity of the Bid and the Bid Bond for a specified additional

period. Such request of extension and the subsequent responses of the Bidders shall be

made in writing. In case a Bidder is not agreeable for extending the Bid Validity Period

as desired by JREDA, the Bid of the Bidder shall not be further considered for

evaluation and the Bid Bond submitted by the Bidder shall be returned subsequent to

the completion of the bidding process.

4.14 Opening of Bids

4.14.1 Technical Bid Opening - The Part I and the Part II Technical Bid received online shall

be opened on 11th January 2017 at 03:30 PM (IST) at the venue where the Bids are

required to be submitted, as specified in Clause 4.8, in the presence of one

representative from each of such Bidders who wish to be present. In the event of any of

above dates falling on a day which is not a working day or which is a public holiday, the

Bid shall be opened on the next working day at the same venue and time.

4.14.2 Part III (Financial Bids) received by JREDA online will remain unopened until the

Technical Bid has been evaluated for their responsiveness to RFP as per the Clause 6.1

and Clause 6.2 of this RFP.

4.14.3 Part I & II of Bid shall be opened in the presence of Bidders’ representatives, who

choose to attend. Bidders’ representatives attending the Bid Opening shall register to

evidence their presence.

4.14.4 The following information will be announced at the Technical Bid Opening and

recorded:



Bidder’s names

Names of Consortium Members

4.14.5 JREDA shall prepare minutes of the Technical Bid opening, including the information

disclosed to those present in accordance with the Sub-clause above.

4.14.6 JREDA would subsequently examine responsiveness of Technical Bids in accordance

with the criteria set out in the Clause 6.1 and Clause 6.2.

4.14.7 After the Technical bid Opening, information relating to the examination, clarification

and evaluation of Bids and recommendations concerning the Bid Award shall not be

disclosed except as provided in this RFP.

4.14.8 The Financial Bids of only the Qualified Bidders shall be opened after evaluation of Part

– I & II. The Bidders meeting the Qualification criteria shall be informed of the date of

opening of Financial Bid of the RfP.

4.15 Clarifications

To facilitate evaluation of Bids, JREDA may, at its sole discretion, seek clarifications in

writing from any Bidder regarding its Bid Notwithstanding anything contained in the

RfP, JREDA reserves the right not to take into consideration any such clarifications

sought by it for evaluation of the Bid.

4.16 Bidders’ Responsibilities

4.16.1 The Bidder is expected to examine carefully the contents of all the RfP documents.

Failure to comply with the requirements of RfP will be at the Bidders’ own risk.

4.16.2 It would be deemed that prior to the submission of the Bid, the Bidder has:

Made a complete and careful examination of requirements and other

information set forth in this RfP;

Received all such relevant information as it has requested from JREDA; and

Made a complete and careful examination of the various aspects of the Project

4.16.3 JREDA shall not be liable for any mistake or error or neglect by the Bidder in respect of

the above.

4.17 Preparation cost

4.17.1 The Bidder shall be responsible for all the costs associated with the preparation of the

Response to RfP and participation in discussions and attending pre-bid meeting(s) etc.

JREDA shall not be responsible in any way for such costs, regardless of the conduct or

outcome of the bidding process.



4.18 Enquiries/Clarifications:

4.18.1 Pre Bid Meeting: Clarifications/ Doubts, if any, on RFP document may be submitted to

JREDA at the address mentioned below as per Annexure 14 of RFP. JREDA will make all

efforts to respond to the same in the Pre Bid Meeting to be held on 16th December 2016

from 11:30 AM onwards. A compiled list of such questionnaire and JREDA’s response

will be uploaded on the website of JREDA for information of all concerned at

http://www.jreda.com. All are requested to remain updated with the website. No

separate reply/ intimation will be given elsewhere.

4.18.2 Enquiries/clarifications may be sought by the Bidder from:

Project Director



Ranchi- 834002.

Ph.No: 2491161,

Fax No: 0651-2491165


4.18.3 For the avoidance of any doubt, it is clarified that there shall be no extension in the Bid

Deadline on account of clarification sought in accordance with this Clause 4.18.

Further, JREDA is not under any obligation to entertain/respond to suggestions made

or to incorporate modifications sought for.

4.19 Amendment of RFP

4.19.1 JREDA may modify the RfP by issuing an Addendum/ Corrigendum before Bid

Deadline.

4.19.2 Any Addendum thus issued shall be part of the RfP and shall be hosted on the JREDA’s

websites at http://www.jreda.com. All are requested to remain updated with the

website. No separate intimation will be given elsewhere.

4.19.3 To give prospective Bidders reasonable time in which to take Addendum into account

in preparing their bids, JREDA may, at its sole discretion, extend the Bid Deadline.

4.20 Right to reject a Bid

4.20.1 JREDA reserves the right to reject all or any of the Bids or cancel the RfP without

assigning any reasons whatsoever and without any liability to JREDA.

4.20.2 Non submission and/or submission of incomplete data/ information required under

the provisions of RfP shall not be construed as waiver on the part of JREDA of the

obligation of the Bidder to furnish the said data/information unless the waiver is in

writing.






4.21 Bid Bond & Performance Guarantee

4.21.1 The Bidder shall provide the Bid Bond & Performance Guarantee in the form of Bank

Guarantees from any of the Banks listed at Annexure 17 to JREDA in a phased manner

as detailed in the subsequent clauses.

4.21.2 Bid Bond @ Rs. 3 Lacs/ MW shall be submitted for each Project in the form of a Bank

Guarantee in the favour of JREDA along with Bid as per Annexure 6. (valid for a period

of 210 days from the last date of submission of the Bid)

4.21.3 Performance Guarantee @ Rs. 7.5 Lacs/ MW shall be submitted by the successful

Bidder at the time of acceptance of LOI for each Project in the favour of JREDA. The

said Performance Guarantee shall remain valid till three (3) months from the date of

CoD of the Project.

The Bank Guarantees have to be executed on non-judicial stamp paper of appropriate

value as per Stamp Act relevant to place of execution. The Bank Guarantees have to be

in the name of the Bidding Entity / Lead Member of Bidding Consortium. In order to

facilitate the Bidders to submit the Bank Guarantee as per the prescribed format and in

line with the requirements, checklist at Annexure 16 has been attached. Bidders are

advised to take note of the above checklist while submitting the Bank Guarantees.

4.21.4 On receipt and after verification of the Performance Guarantee in acceptable form, the

earlier Bank Guarantee towards Bid Bond of the Successful Bidder(s) would be

returned to the respective Bidder(s).

4.21.5 JREDA may invoke the Bid Bond, without any notice, demure, or any other legal

process upon occurrence of any of the following:

Successful Bidder not accepting the LoI;

Successful Bidder not submitting the Performance Guarantee;

Successful Bidder not signing the Implementation Agreement with JREDA;

Bidder submitting any wrong information or making any misrepresentation in

Bid; or

In case the Successful Bidder is a Foreign Entity and/or a Bidding Consortium,

failure to incorporate the Project Entity as a legal entity before the execution of

Implementation Agreement.

4.21.6 Additionally, in case any Bidder refuses to sign the Implementation Agreement for any

of the multiple Allocated Projects under the Bidding Process for any reasons

whatsoever, then all Allocated Projects to the Bidder / Group Entity / Ultimate Group

Entity /Affiliate shall stand cancelled and the Bid Bond submitted for each of the

Allocated Projects shall be invoked.



4.21.7 The Bank Guarantees towards Bid Bond of all unsuccessful Bidders will be released by

JREDA within thirty days of the signing of the Implementation Agreement with the

Successful Bidder(s).

4.22 Non-Discriminatory and Transparent Bidding Proceedings

JREDA shall ensure that the rules for the bidding proceedings for the Project are applied

in a non-discriminatory, transparent and objective manner. JREDA shall not provide to

any Applicant information with regard to the Project or the bidding proceedings, which

may have the effect of restricting competition

4.23 Fraud and Corrupt Practices

4.23.1 The Bidders and their respective officers, employees, agents and advisers shall observe

the highest standard of ethics during the Bidding Process and subsequent to the issue

of the LOI and during the subsistence of the Implementation Agreement.

Notwithstanding anything to the contrary contained herein, or in the LOI or the

Implementation Agreement, JREDA shall reject a Bid or withdraw the LOI, as the case

may be, without being liable in any manner whatsoever to the Bidder if it determines

that the Bidder has directly or indirectly or through an agent, engaged in corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive

practice in the Bidding Process. In such an event, JREDA shall forfeit and appropriate

the Bid Security as mutually agreed genuine compensation and damages payable to the

JREDA towards, inter alia, time, cost and effort of JREDA, without prejudice to any

other right or remedy that may be available to JREDA hereunder or otherwise.

4.23.2 Without prejudice to the right of JREDA under Clause 4.23.1 hereinabove and the right

and remedies which JREDA may have under the LOI, if a Bidder is found by JREDA to

have directly or indirectly or through an agent, engaged or indulged in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive

practice during the Bidding Process, or after the issue of the LOI or the execution of the

Implementation Agreement, such Bidder or IPP, as the case may be, shall not be

eligible to participate in any tender or RFP issued by JREDA during a period of 2 (two)

years from the date such Bidder or IPP, as the case may be, is found by JREDA to have

directly or indirectly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practices, as

the case may be.

4.23.3 For the purposes of this Clause 4.23, the following terms shall have the meaning

hereinafter respectively assigned to them:

“corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly

or indirectly, of anything of value to influence the actions of any person

connected with the Bidding Process (for avoidance of doubt, offering of

employment to or employing or engaging in any manner whatsoever, directly or

indirectly, any official of JREDA who is or has been associated in any manner,



directly or indirectly with the Bidding Process or the LOI or has dealt with

matters concerning the Implementation Agreement or arising there from, before

or after the execution thereof, at any time prior to the expiry of one year from

the date such official resigns or retires from or otherwise ceases to be in the

service of JREDA, shall be deemed to constitute influencing the actions of a

person connected with the Bidding Process); or (ii) engaging in any manner

whatsoever, whether during the Bidding Process or after the issue of the LOI or

after the execution of the Implementation Agreement, as the case may be, any

person in respect of any matter relating to the Project or the LOI or the

Implementation Agreement, who at any time has been or is a legal, financial or

technical adviser of JREDA in relation to any matter concerning the Project;

“fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the

Bidding Process ;

“coercive practice” means impairing or harming, or threatening to impair or

harm, directly or indirectly, any person or property to influence any person’s

participation or action in the Bidding Process;

“undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by JREDA with the objective of

canvassing, lobbying or in any manner influencing or attempting to influence the

Bidding Process; or (ii) having a Conflict of Interest; and

“Restrictive practice” means forming a cartel or arriving at any understanding

or arrangement among Bidders with the objective of restricting or manipulating

a full and fair competition in the Bidding Process.

4.24 Confidentiality

4.24.1 Information relating to the examination, clarification, evaluation, and recommendation

for the Bidders shall not be disclosed to any person not officially concerned with the

process. JREDA will treat all information submitted as part of Bid in confidence and

would require all those who have access to such material to treat the same in

confidence. JREDA will not divulge any such information unless it is ordered to do so

by any authority that has the power under law to require its disclosure.

4.25 Miscellaneous

4.25.1 The Bidding Process shall be governed by, and construed in accordance with, the laws

of India and the Courts at Ranchi shall have exclusive jurisdiction over all disputes

arising under, pursuant to and/ or in connection with the Bidding Process.

4.25.2 JREDA, in its sole discretion and without incurring any obligation or liability, reserves

the right, at any time, to;

suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement

the Bidding Process or modify the dates or other terms and conditions relating

thereto;



consult with any Bidder in order to receive clarification or further information;

retain any information and/ or evidence submitted to JREDA by, on behalf of,

and/ or in relation to any Bidder; and/ or

Independently verify, disqualify, reject and/ or accept any and all submissions or

other information and/ or evidence submitted by or on behalf of any Bidder.

4.25.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases JREDA, its

employees, agents and advisers, irrevocably, unconditionally, fully and finally from any

and all liability for claims, losses, damages, costs, expenses or liabilities in any way

related to or arising from the exercise of any right and/ or performance of any

obligations hereunder, pursuant hereto and/ or in connection herewith and waives

any and all right and/ or claims it may have in this respect, whether actual or

contingent, whether present or future.



SECTION – 5

QUALIFYING REQUIRMENTS



5. Qualification Requirements

5.1 Eligibility Conditions

5.1.1 A Bidder may be a single entity (the “Bidding Entity”) or group of entities (the “Bidding

Consortium”), coming together to implement the project.

5.1.2 In case of Bidding Consortium the Lead Member of the consortium must mandatorily

be a controlling Shareholder owing more than 26% of paid up share capital and voting

rights in the Consortium.

5.1.3 The term Bidder used herein would apply to both a single entity and a Consortium. No

Bidder applying individually or as a member of a Consortium, as the case may be, can

be member of another Bidder.

5.1.4 The Bidder will be declared as a Qualified Bidder based on meeting the Qualification

Requirements specified below and as demonstrated based on the documentary

evidence submitted by the Bidder in the Bid. Further, a Bidding Consortium can

participate in the bidding process if any Member of the Consortium has purchased the

RfP.

5.1.5 A Bidding Consortium shortlisted based on this RfP has to necessarily incorporate a

SPV or a Project Company under the Indian Companies Act, 2013, before signing of

Implementation Agreement, keeping the original shareholding structure of the Bidding

Consortium as proposed in the Consortium Agreement unchanged. In case multiple

Projects are proposed to be developed by such Consortium, the Bidder has the option

of forming separate Project Companies for each Project.

5.1.6 A foreign entity can also participate on standalone basis or as a member of Consortium

at the RfP stage. But before signing of Implementation Agreement it has to incorporate

an Indian Company registered under the Indian Companies Act, 2013, keeping the

original shareholding of the Bidding Entity/ Consortium unchanged.

5.1.7 A Bidding Entity, if selected as Successful Bidder under this RfP, may also implement

the Project through a Special Purpose Vehicle (SPV). In such case, the SPV necessarily

has to be incorporated under the Indian Companies Act, 2013, before signing of

Implementation Agreement keeping the original shareholding of the Bidding Entity

unchanged. In case multiple Projects are proposed to be developed by a Bidding Entity

the Bidder has the option of forming separate Project Companies for each Project.

5.1.8 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the

Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified.

Explanations:

In case a Bidder is a Consortium, then the term Bidder as used above, shall

include each Member of such Consortium.



In case of application being made by two or more entities of the group for the

same project the same shall be deemed to have a Conflict of Interest that affects

the Bidding Process.

5.2 Financial Criteria:

The Bidder must fulfil following minimum financial requirements for each MW of capacity:

5.2.1 Net worth: The “Net-worth” of the Bidder should be Rs. One (1) Crore per MW or

equivalent US$ derived from any of the last three years’ audited annual accounts, i.e.

FY 2013-14, FY 2014-15 and FY 2015-16.

In case of more than one Financial Bid being submitted by the Bidder from different

Projects, the Net worth must be fulfilled by such Bidder for the sum total of the

capacities being offered by it in its Financial Bids.

Net Worth shall be defined and computed in following manner by the Bidder

Net Worth

= Equity share capital

Add: Reserves

Subtract: Revaluation reserves

Subtract: Intangible assets

Subtract: Miscellaneous expenditures to the extent not written off and carry

forward losses

5.2.2 Annual Turnover: The “Annual Turnover” of the Bidder should be Rs. Seventy Five

Lakh (0.75 Crore) per MW or equivalent US$ derived from any of the last three years’

audited annual accounts, i.e. FY 2013-14, FY 2014-15 and FY 2015-16.

Annual Turnover shall be defined and computed in following manner by the Bidder:

Annual Turnover: Annual gross revenue from business operations earned by the

Bidder

5.2.3 Note: For the Qualification Requirements, if data is provided by the Bidder in foreign

currency, equivalent rupees of Net Worth will be calculated using the corresponding

TT buying rate for USD / INR as specified by the State Bank of India seven days before

the Bid Deadline as stated in the RFP document. The copy of the document along with

calculation sheet is required to be provided by the Bidder in its Bid.

5.2.4 For currency other than USD, Bidder shall convert such currency into USD as per the

exchange rates certified by their banker that is prevailing seven days before the Bid

Deadline as stated in the RFP document. (If the exchange rate for any of the above

dates is not available, the rate for the immediately available previous day shall be

taken into account). The copy of the document along with calculation sheet is required

to be provided by the Bidder in its Bid.



5.2.5 For the purposes of meeting financial requirements, only unconsolidated audited

annual accounts shall be used. However, audited consolidated annual accounts of the

Bidder may be used for the purpose of financial requirements provided the Bidder has

at least fifty one percent (51%) equity in each Entity whose accounts are merged in the

audited Consolidated account and provided further that the financial capability of such

companies (of which accounts are being merged in the consolidated accounts) shall not

be considered again for purpose of evaluation of any other Bid.

5.2.6 For the purpose of the computation of Net Worth and Annual Turnover, the last three

financial years (i.e. FY 2013-14, FY 2014-15 and FY 2015-16.) shall be considered (or if

the period of existence of the Entity is less than three years, then starting from the year

of incorporation) or calendar year 2013, 2014 and 2015 or the accounting years as

adopted by the Entity and acceptable as per the laws of the respective Country. The

Bidder shall also indicate the year which should be considered for evaluation

5.2.7 The Bidder shall submit a detailed computation of Net Worth (As per the formula

provided above) and Annual Turnover duly certified by a Chartered Accountant to

demonstrate the fulfilment of the criteria as on last day of the concerned Financial

Year.

5.2.8 However, for newly incorporated entities not having completed one financial year of

business operations, the net worth criteria can also be met as on the day not more than

seven days prior to the Bid Deadline by the Bidding Entity. To demonstrate fulfilment

of these criteria, the Entity shall submit a certificate from a Chartered Accountant

certifying the availability of net worth on the date not more than seven days prior to

Bid Deadline along with a certified copy of the Balance Sheet, Profit & Loss Account,

Schedules and cash flow statement supported with the bank statement.

5.2.9 If the response to RfP is submitted by a Consortium the financial requirement shall be

met individually and collectively by all the Members in the Bidding Consortium in

proportion to the equity commitment made by the Members of the Consortium. For

computation of Net Worth of members methodology as provided in Clause 5.2.1 above

shall be followed. Any Consortium, if selected, shall incorporate a Project Entity, before

signing the Implementation Agreement with Procurer, with equity participation by the

Members in line with consortium agreement (to be submitted along with RfP) i.e. the

Project Entity incorporated shall have the same Shareholding Pattern as given at the

time of RfP.

5.2.10 A Bidder may seek qualification on the basis of financial capability of its Parent and /

or it’s Affiliate(s) for the purpose of meeting the Qualification Requirements either

bidding as a single entity or as a member of a consortium, duly supported by board

resolutions to provide the committed investment required. In case of foreign entities,

such resolutions are to be supported by an unqualified legal opinion from the legal

counsel of the entity issuing the same.



5.2.11 Where the financially evaluated entity is not the Bidding Entity or a member of a

bidding consortium, as the case may be, the Bidding Entity or a member of consortium

shall continue to be maintained till execution of Implementation Agreement.

5.2.12 It is further clarified that a Parent Entity can be a foreign Entity and it can hold 100%

equity in the Bidding Entity.

5.2.13 Only Assets forming part of the balance sheet shall be considered for arriving at the net

worth of the Entity. No intangible assets will be considered for arriving at the net

worth.

5.2.14 In case of land / any other asset, only the book value will be considered.

5.3 Technical Criteria:

5.3.1 The Bidder must have experience of developing or executing through EPC contracts of

any Infrastructure projects such as Power, Ports, Airports, Roads, Rails, Refineries,

Steel Plants, Gas Pipelines, Canals, Dams, Bridges, Telecommunications, Shipping, etc.

5.3.2 In the last 10 years immediately preceding seven (7) days before the bid deadline,

whose aggregate capital costs must not be less than the amount equivalent to

Rs. 4.0 Crores or equivalent US$ per MW, and

5.3.3 In the last 10 years immediately preceding seven (7) days before the bid deadline, the

capital cost of at least one infrastructure project should be equivalent or more than

Rs. 2.0 Crores or equivalent US$ per MW.

Note: Bidder must submit copies of related work orders and completion

certificates with total amount and date of completion of project.

For this purpose, capital expenditure incurred on projects that have been completed

upto 7 (seven) days before the last date of submission of Bid shall be considered.

Developing or executing through EPC contract of a project means successful

commissioning of a project developed or executed through EPC contract by the

Bidder/Parent/Affiliate, as the case may be.

For the purpose of calculation of above qualification criteria the US$-Indian Rupee

Exchange rate shall be considered as the corresponding TT buying rate specified by the

State Bank of India seven days before the last date of submission of Bid as stated in the

RfP document.

In case of a Consortium, the Technical Criteria shall be met only by the Lead Member.

The Bidding Entity / Lead Member of the Bidding Consortium may seek qualification

on the basis of technical capability of its Parent and / or it’s Affiliate(s) for the purpose

of meeting the Qualification Requirements, duly supported by board resolutions to

provide the committed investment required. In case of foreign entities, such



resolutions are to be supported by an unqualified legal opinion from the legal counsel

of the entity issuing the same.

5.4 Blacklisted Entity

5.4.1 Any entity which has been barred by the Central/ any State Government, or any entity

controlled by them, from participating in any project (BOT or otherwise), and the bar

subsists as on the date of Bid, would not be eligible to submit a Bid, either individually

or as member of a Consortium.

5.4.2 The Qualified Bidder(s) will be required to continue to maintain compliance with the

Qualification Requirements throughout the bidding process and during the execution

of the project as per the tenure of this RfP.



SECTION – 6

EVALUATION CRITERIA



6. EVALUATION CRITERIA

The evaluation process comprises of the following two steps

Step I – Responsiveness check

Step II – Evaluation of fulfilment of Qualifications Requirements as per Section 5

Step III – Financial Bid evaluation

6.1 Step I - Responsiveness check

6.1.1 The Bid submitted by the Bidder online shall be scrutinized to establish

“Responsiveness”. Each Bidder’s Bid shall be checked for compliance with the

submission requirements set forth in this RfP at Section 5. Any of the following

conditions shall cause the Bid to be considered “Non-responsive” at the sole discretion

of JREDA and shall be liable for rejection:

Response to RfP not received by Bid Deadline.

Response to RfP submitted by a Bidding Consortium not including the

Consortium Agreement.

Response to RfP having Conflict of Interest.

Bids that are incomplete, i.e. not accompanied by any of the applicable formats

inter alia covering letter, power of attorney supported by the board resolution as

per Annexure 4 and Annexure 10, applicable board resolutions, undertakings,

disclosures, cost of bid document, Document & Bid Processing Fees, Bid Bond,

etc.

Bids not accompanied by scanned copies of DD’s and BG’s required towards

Document & Bid Processing Fees and Bid Bond

Non-submission of hard copies of DD’s and BG’s required towards Document &

Bid Processing Fees and Bid Bond by Bid Deadline

Validity of Bid being less than that required as per Clause 4.12 of this RfP or

validity of Bid Bond being less than as required as per Clause 4.21 of this RfP.

Submission of the information not as per the formats as specified in the RfP

Delay in submission of additional information or clarification sought by JREDA

as applicable

Bid being conditional in nature

Bids not signed by the authorized signatory and/ or not stamped and/ or not

numbered by the Bidder in the manner as indicated in this RfP.

Bidder providing its price details in the Technical Bid

6.1.2 A Bid that is substantially responsive is one that conforms to the preceding

requirements without material deviation or reservation. A material deviation or

reservation is one

Which affects in any substantial way the scope, quality, or performance of the

Project, or



Which limits in any substantial way, inconsistent with the RfP, rights of JREDA or

the obligations of the Bidder under the Implementation Agreement or

Which would unfairly affect the competitive position of other Bidders presenting

substantially responsive bids.

6.1.3 JREDA reserves the right to reject any Bid which is non-responsive and no request for

alteration, modification, substitution or withdrawal shall be entertained by JREDA in

respect of such Bids.

6.2 Step II - Evaluation of fulfilment of Qualifications Requirements

Evaluation of fulfilment of Qualifications Requirements will be carried out considering

the information furnished by Bidders as prescribed under Section 8 – Formats for Bid

Submission and related documentary evidence in support of meeting the Qualification

Requirements as specified in Section 5. This step would involve evaluation of the Bid of

the Bidding Entity/ Bidding Consortium as per the provisions specified in Section 4 of

this RfP. Non – availability of information and related documentary evidence for the

satisfaction of Qualification Requirements may cause the Bid to be Non – Responsive

and liable for rejection.

6.3 Step III – Financial Bid evaluation

6.3.1 Financial Bids (Part III) of the qualified Bidders shall be opened online in the presence

of the representatives of such qualified Bidders, who wish to be present, as per the

timelines indicated in Clause 4.8, or such other date as may be intimated by JREDA to

the Bidders. The financial bid evaluation shall be carried out based on the information

furnished in Part III (Financial bid).

6.3.2 The Financial Bids submitted by the Bidders shall be scrutinized to ensure conformity

with the provisions of Clause 4.5 of this RfP. Any Bid not meeting any of the

requirements as per Clause 4.5 of this RfP may cause the Bid to be considered “Non-

responsive” at the sole discretion of JREDA and liable for rejection.

6.3.3 The Bidders are required to submit their Financial Quotes as a percentage of total

power generated, they are willing to supply free of cost over and above the mandatory

minimum of 4% free power.

6.3.4 In the financial format, the Bidder is also required to indicate the name of the projects

in the order of priority.

6.3.5 In case the quantum of Free Power quoted for the same Project by the two Bidders is

identical, then the Bidder having better technical experience based on the documents

submitted for meeting the technical criteria in RfP shall be considered as Successful

Bidder.



6.3.6 Further to the above, in case the technical experience of the two Bidders are also equal,

then the Bidder having higher Net worth based on the documents submitted in RfP

shall be considered as Successful Bidder.

6.4 Issuance of Letter of Intent

6.4.1 At the end of the allocation process detailed above, the Authorised Representative shall

issue Letter of Intent (LOI) to all the Successful Bidders and the capacity finalized

between the Authorised Representative and the Successful Bidder shall be the

Allocated Capacity. Allocated Capacity shall correspond only to the Financial Bid under

consideration

6.5 Acceptance of Letter of Intent (LoI) and Signing of Implementation Agreement

6.5.1 Within fifteen (15) days from the date of issue of the LOI, the Successful Bidders shall

accept the LoI and return the same to JREDA informing the name of the entity who

shall execute the Implementation Agreement with JREDA. The Successful Bidders shall

also submit a Performance Guarantee (of the amount specified in Clause 4.21.3) along

with the acceptance of LoI.

6.5.2 The Successful Bidder shall within Twenty One (21) days from the date of acceptance

of LoI execute the Implementation Agreement with JREDA in accordance with the

Clauses 6.5.3, 6.5.4 and 6.5.5 as given below:

6.5.3 In case of the Successful Bidder being a Bidding Consortium/ Foreign Entity/ LLC, it

shall incorporate a Project Company before the execution of Implementation

Agreement provided such a Project Company has not been incorporated by the Bidder

prior to the submission of the Bid. In case the Project Company has already been

incorporated prior to the submission of the Bid as specified in the Consortium

Agreement such Project Company shall be responsible to execute the RfP Documents.

The investment in the Project Company shall be as per provisions of the Consortium

Agreement and shall be\ subject to the provisions of Clause 5.1 of this RfP.

6.5.4 In case of the Successful Bidder being Bidding Entity and choosing to incorporate a SPV

(Project Company) for executing the project, it shall before the execution of

Implementation Agreement, incorporate a Project Company provided such a Project

Company has not been incorporated by the Bidder prior to the submission of the Bid.

In case the Project Company has already been incorporated prior to the submission of

the Bid as specified in the Consortium Agreement such Project Company shall be

responsible to execute the RfP Documents. The investment in the Project Company

shall be as per provisions of the Consortium Agreement and shall be subject to the

provisions of Clause 5.1 of this RfP.

6.5.5 In case, the Successful Bidder(s) does not Accept the LoI / execute the Implementation

agreement and submit the Performance Guarantee as per Clause 6.5, JREDA reserves

the right to annul the award of Letter of intent of such Successful Bidder(s) and shall



invite any other suitable Bidder for discussions/ negotiations or may also decide to

annul the bidding process or may invite fresh bids for the Project. In such a case the

entire Bid Bond submitted by such Successful Bidder shall be forfeited. However,

JREDA on receiving request from the Successful Bidder may at its absolute discretion,

permit extension of the aforesaid period of 15 days for execution of the

Implementation Agreement.

6.5.6 In case any Bidder refuses to sign Implementation Agreement for any of the multiple

Allocated Projects under the Bidding Process for any reasons whatsoever, then all

Allocated Projects to the Bidder / Group Entity / Ultimate Group Entity / Affiliate shall

stand cancelled and the Bid Bond submitted for each of the Allocated Projects shall be

invoked.

6.5.7 The list of successful Bidders shall be uploaded on the website: http://www.jreda.com

by JREDA, however no separate communication shall be made by JREDA. The Bid Bond

of Unsuccessful Bidders shall be returned as promptly possible, in any case not later

than thirty days of the signing of the Implementation Agreement with the Selected

Bidder(s).

6.6 JREDA’s Right to accept or reject Bid

6.6.1 JREDA reserves the right to accept or reject any or all of the Bids without assigning any

reason and to take any measure as it may deem fit, including annulment of the bidding

process, at any time prior to execution of the Implementation Agreement, without

liability or any obligation for such acceptance, rejection or annulment.

6.6.2 JREDA reserves the right to invite fresh bids with or without amendment of the RfP at

any stage without liability or any obligation for such invitation and without assigning

any reason.

6.6.3 JREDA reserves the right to reject any Bid if:

At any time, a material misrepresentation is made or uncovered for a Bidder or

any of its members

The Bidder does not respond promptly and thoroughly to requests for

supplemental information required for the evaluation of the Bid

This would lead to disqualification of the Bidder. If the Bidder is a Consortium, then the

entire Consortium would be disqualified/ rejected. If such disqualification/ rejection

occurs after the Financial Bids have been opened and the Successful Bidder gets

disqualified/rejected, JREDA reserves the right to take any such measure as may be

deemed fit in the sole discretion of JREDA, including annulment of the bidding process,

inviting second preferred Bidder for negotiation, inviting all qualified Bidders for

negotiations etc.. Notwithstanding the above, JREDA may debar / blacklist any of the

Bidder(s) for their misleading or false representations in the forms, statements etc. for

the period to be decided by JREDA.




SECTION – 7

OTHER PROVISIONS



7. OTHER PROVISIONS

7.1 Role of State Level Agencies

7.1.1 Jharkhand Renewable Energy Development Agency (JREDA) has been designated as

nodal agency for monitoring and supervision of the said Projects and further facilitate

the IPP in obtaining all necessary clearances and approvals from different Government

Departments required for development of Projects.

7.1.2 However, IPP will be required to undertake all measures in completion of project

activities and they shall not be absolved from their responsibility towards timely

completion of Project.

7.2 Land Acquisition and Clearances

7.2.1 JREDA shall actively facilitate the IPPs in acquiring the govt. and private land and also

in obtaining clearance for the project. However, the onus and responsibility of

acquiring the land lies with the IPP. JREDA shall act as a nodal agency for all the

support required by IPP be it interacting with JREDA/ Discom or irrigation department

etc.

7.3 Power Sale

7.3.1 The entire power shall be purchased by Jharkhand Discom and necessary steps shall be

taken to have a binding arrangement between the project and Discom. The said

arrangement shall be backed by proper security mechanisms like Escrow and Letter of

Credit. Also these projects being renewable energy projects shall have a must run

status. The electricity shall be purchased by Discom at a tariff determined by JSERC as

per prevailing regulations.

7.3.2 However, the IPP is free to sell power to any their party other than the Discom if it

wish to do so. For sale of power to any third party within or outside the state, the IPP

shall be required to pay the open access charges, T&D losses as per the regulations

issued by JSERC.

7.3.3 Not later than twelve (12) months from the signing of Implementation Agreement, the

IPP shall, vide a written communication to Discom under a copy to JREDA indicate its

willingness to supply power to the Discom. In case the IPP fails to indicate its

willingness as per the timelines under this clause, the Discom shall be under no

obligation to procure power from the Project.

7.4 Mechanism for dealing with Free Power:

7.4.1 In case where the IPP choses to supply the power to Discom, the royalty/free power

will be settled in the monetary terms as the revenue equivalent to the percentage of



free power at the tariff determined by the Hon’ble Commission, in the following

manner:

The IPP would deliver 100% power to Discom. Discom would in distribute the

payment in following parts:

(a) An amount equivalent to 2% of energy towards Local Area Development Fund;

(b) An amount to the account of JREDA as given below:

Quantum of Free Power quoted by the Bidder

Plus

2% of the mandatory of Free Power

(c) Balance to the IPP.

7.4.2 In case where the IPP chooses NOT to supply the power to Discom, the royalty/free

power will be settled in the monetary terms as the revenue equivalent to the

percentage of free power at the tariff determined on the basis of applicable regulations

promulgated by the Hon’ble Commission, in the following manner:

The IPP would deliver such % of power to Discom which is equivalent to the sum of

mandatory minimum of 4% and the % of Free Power quoted by the Successful Bidder

in the bid submitted in response to the RfP. Discom would in distribute the payment in

following parts:

(a) An amount equivalent to 2% of energy towards Local Area Development Fund;

and

(b) An amount to the account of JREDA as given below:

Quantum of Free Power quoted by the Bidder

Plus

2% of the mandatory of Free Power

7.5 Grid Connectivity:

7.5.1 The project should get connected with the Power Substation or Grid Substation of

Discom / STU. The responsibility of getting connectivity with the transmission system

will lie with the IPP. The IPP shall be required to obtain an “in-principle” approval from

the Discom / STU (as the case may be) regarding the proposed evacuation

arrangement that is to be constructed by the IPP.

7.5.2 The projects should be connected with the Power Substation (Distribution Network) /

Grid Substation (Transmission Network) as per the relevant regulations of the Central

Electricity Authority. The IPP may use the existing substation or inject into the

distribution network for better utilization of the available infrastructure. The IPP shall



first explore the possibility of connecting to the Power Substation and only in case of

its inability to connect to the Power Substation due to any constraint it may consider

the option of injecting power into Grid Substation.

7.5.3 The requisite arrangement for the evacuation of the power from the generation plant

to the allocated Interconnection Substation shall be developed by the IPP. The

Government of Jharkhand shall reimburse the cost of such construction of power

evacuation facilities from the project’s generator switchyard to the interconnection

point (injection point), up to a maximum length of 10 kms at the rates determined by

JUSNL/JBVNL and such reimbursement shall not be considered for determination of

tariff by both the parties. The cost of evacuation infrastructure beyond a distance of 10

kms, shall be borne by the IPP.

7.6 Revenue from ancillary (other than Sale of Power) services:

7.6.1 The IPPs are encouraged to provide recreational/amusement facilities in the site area

and generate additional revenue. The benefit of such revenue shall be shared between

the IPP and the concerned department of the Government of Jharkhand as per the

discretion of the Government of Jharkhand.

7.7 Minimum Equity Holding / Lock in

7.7.1 It is clarified that if any of the entity/entities (i.e Parent and/or Affiliate, of the Bidding

Entity/ any Member of the Bidding Consortium, whose technical and financial

credentials have been provided in the Bid submitted in response to the RfP) make

equity investment in the IPP, the minimum shareholding requirements shall apply to

such entity/entities. It is also clarified that in case the Selected Bidder is a Bidding

Consortium, then the members (other than the Lead Member) of such Bidding

Consortium shall be allowed to divest their equity as long as the other remaining

members (which shall always include the Lead Member) hold the minimum specified

equity. It is further clarified that in case equity is held by the Affiliates or Parent,

subject to the proviso below, the Selected Bidder shall be permitted to transfer its

shareholding in the IPP to its Affiliate/s or Ultimate Parent. If any such shareholding

entity, qualifying as an Affiliate/Ultimate Parent, is likely to cease to meet the criteria

to qualify as an Affiliate/Ultimate Parent, the shares held by such entity shall be

transferred to another Affiliate/Ultimate Parent.

7.7.2 Provided further, the Lead Member of the Consortium or Bidding Entity shall

compulsorily hold at least twenty six percent (26%) of the total paid equity share

capital of the IPP for at least five (5) years post COD of the Power Station, where after

Lead Member or Bidding Entity shall have the right to disinvest its entire equity

holding in the IPP. In case the Lead Member or Bidding Entity is holding equity through

Affiliate/s or Parent, such restriction shall apply to such entities.

7.7.3 All transfers of shareholding of the IPP by any of the entities referred to above shall be

after prior written intimation to JREDA, of at least thirty (30) days.



7.7.4 The Selected Bidder may invest in the equity share capital of the IPP through its

Affiliate(s) or Parent. If the Selected Bidder so invests through any Affiliate(s) or

Ultimate Parent or Parent, the Selected Bidder shall be liable to ensure that minimum

equity holding/lock-in limits specified above are still maintained. For this purpose, the

effective shareholding of such Selected Bidder in the IPP shall be considered as

follows:-

(a) For computation of effective Equity holding, the Equity holding of the Selected

Bidder or its Parent in such Affiliate(s) or Parent and the equity holding of

such Affiliate(s) or Parent in the IPP shall be computed in accordance with the

example given below:

If the Parent or the Ultimate Parent of the Selected Bidder A directly holds

thirty percent (30%) of the equity in the IPP, then holding of Selected Bidder A

in the IPP shall be thirty percent (30%);

If Selected Bidder A holds thirty percent (30%) of the Affiliate and the Affiliate

holds fifty percent (50%) in the IPP, then, for the purposes of ascertaining the

minimum equity/equity lock-in requirements specified above, the effective

holding of Selected Bidder A in the IPP shall be fifteen percent (15%), (i.e.

30%* 50%);

7.8 Commissioning

7.8.1 Commissioning Schedule: The Project shall be commissioned as per the following

timelines from the date of signing of Implementation Agreement between the

Successful Bidder and JREDA.

(a) Within 30 (Thirty) months for projects with capacity upto 5 MW;

(b) Within 36 (Thirty Six) months for the projects with capacity more than 5

MW & upto 12 MW; and

(c) Within 48 (Forty Eight) months for the projects with capacity more than 12

MW

7.8.2 Commissioning Schedule is subject to Force Majeure Conditions detailed in

“Definitions”, Section-2.

7.9 Levies, Taxes & Charges

7.9.1 In case the IPP gets the supplies of the material from outside the State of Jharkhand, it

shall be required to register itself as a Casual Dealer with the Commercial Tax

Department, State of Jharkhand according to the prevailing rules and regulations.



7.10 Transfer of Project

7.10.1 The allotment of the project shall remain valid till 35th anniversary of the day on which

the project achieves Commercial Operations (CoD). At the end of 35th anniversary, the

project shall revert back to the GOJ. Any decision with regard to an extension beyond

35 years shall be at the discretion and disposal of GOJ.



SECTION – 8

FORMATS FOR BID SUBMISSION



8. FORMATS FOR BID SUBMISSION

The following formats are required to be submitted as part of the Bid. These formats are

designed to demonstrate the Bidder’s compliance with the Qualification Requirements set forth

in Section 5 and other submission requirements specified in the RfP.

Annexure 1 – Executive Summary

Annexure 2 – Covering Letter

Annexure 3 – Joint Deed Agreement

Annexure 4 – Power of Attorney to be provided by the Bidding Entity/ Lead Member in

favour of the its representative

Annexure 5 – Format for Power of Attorney to be provided by each member of the

Consortium in favour of the Lead Member

Annexure 6 – Format for Bid Bond (In the form of Bank Guarantee)

Annexure 7 – Technical & Financial Requirement

Annexure 8 – Format for Bidders Undertaking and Scheduled CoD

Annexure 9 – Format of Undertaking (By parent / affiliate)

Annexure 10 – Formats for Board Resolutions

Annexure 11 – Format of Disclosure

Annexure 12 – Letter of Consent

Annexure 13 – Formats for Financial Bid – (Not to be submitted with the Technical Bid.

The Bidder shall be required to upload the same in the e-tendering website as per the

BOQ to be provided by JREDA). The Bidder is also required to upload the format for

project preference along with BoQ as per the format provided in Annexure 13(B).

Annexure 14 – Format for clarifications / Amendments on the RfP

Annexure 15 – Format for Performance Guarantee

Annexure 16 – Checklist for Bank Guarantee

Annexure 17 – List of Banks

Annexure 18 – Illustration of Affiliates

Annexure 19 – Illustration for Applicable Board Resolutions Requirements

Annexure 20 – Detailed Project Description

Annexure 21 – Implementation Agreement

A Bidder may use additional sheets to submit the information for its detailed response:



Annexure 1

Executive Summary

[On the Letter Head of the Bidding Entity/Lead Member of the Bidding Consortium]

1. Name of the Bidding Company/ Bidding Consortium:

2. Name of the Lead Member in the case of a Bidding Consortium:

3. Details of the Bidding Consortium:

S.No. Name of the Company %age of equity

participation

Role Envisaged

4. Details of the Contact Person:

Name

Designation

Entity

Address

Phone No.

Fax No.

E-mail Address:

Note:- If the Selected Bidder proposes to invest in the equity share capital of the Project,

through its Affiliate(s) or Parent, the Bidder should indicate the percentage of the shareholding

proposed to be held by such Affiliate(s) or Parent in the IPP. In this case, the Bidder shall also

provide the details of the proposed/actual equity shareholding of the Selected Bidder or Parent

in the said Affiliate(s).

Name, Signature, Designation & Address of Authorised Signatory in whose name Power of

Attorney/Board Resolution has been issued

Rubber Stamp of the Bidding Entity / Lead Member of the Bidding Consortium

Date:

Place:



Annexure 2

Covering Letter

[On the Letter Head of the Bidding Entity/Lead Member of the Bidding Consortium]

To,

The Director


3rd Floor, SLDC Building, Kusai colony, Doranda,


Sub: Bid for development of Micro/Mini Hydro Power Projects for the state of Jharkhand

Ref:

Dear Sir,

We, the undersigned Bidder having read and examined in detail the RfP document for

development of micro/mini hydro power station hereby submit our Bid. We confirm that

neither we nor any of our Parent/ Affiliate has submitted Bid other than this Bid directly or

indirectly in response to the aforesaid RfP document.

1. Bid Bond

We have enclosed a Bid Bond of Rs.___________, in the form of bank guarantee no.

_______________ dated __________ as per your proforma (Annexure from a ___________ (insert

name of bank providing Bid Bond) and valid upto ___________ in terms of Clause 4.21 of the

RfP.

2. Acceptance

We hereby unconditionally and irrevocably agree and accept that the decision made by

JREDA regarding any matter regarding or arising out of the RfP shall be binding on us. We

hereby expressly waive any and all claims in respect of Bid process.

3. Familiarity With Relevant Jharkhand and Indian Laws & Regulations

We confirm that we have studied the provisions of relevant Indian laws and regulations as

required to enable us to quote for this Bid and execute the RfP Project Documents, if

awarded. We further undertake and agree that all such factors as mentioned in RfP have

been fully examined and considered while submitting the Bid.

We are enclosing herewith sealed envelope containing the Document & Bid Processing Fees /

Bid Bond, while the bid document is submitted online duly signed by the authorized person as

desired by you in your RfP for your consideration.

Dated the _________ day of _________, 20XX

This Bid shall remain valid for one hundred and eighty (180) days from the last date of

submission of Bid.



Thanking you,

We remain,

Yours faithfully,




Date:

Place:



Annexure 3

Format for Joint Deed Agreement

(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)

FORM OF JOINT DEED AGREEMENT BETWEEN

M/S........................................, M/S.........................................,

M/S..................................... AND M/S...................................

FOR (--------------------)

THIS Joint Deed Agreement executed on this....................... Day of.................. Two thousand...................

between M/s…......................................................……………………………………………………..a company

incorporated / partnership firm registered under the laws of ....................................../proprietary

concern and having its Office at ................................(hereinafter called the "Partner-I”, which

expression shall include its successors, executors and permitted assigns) and

M/s.................................................................. a Company incorporated / partnership firm registered

under the laws of ......................................................... /proprietary concern and having its Office at

............................................................ (Hereinafter called the "Partner-2", which expression shall include

its successors, executors and permitted assigns), M/s ...................................................................... a

Company incorporated / partnership firm registered under the laws of

......................................................... /proprietary concern and having its Office at

........................................................ (Hereinafter called the "Partner-3", which expression shall include

its successors, executors and permitted assigns) and M/s.............................................. a Company

incorporated / partnership firm registered under the laws of .........................................................

/proprietary concern and having its Office at ............................................................ (hereinafter called

the "Partner-4", which expression shall include its successors, executors and permitted assigns),

for the purpose of making a Bid and entering into the Implementation Agreement (in case of

award) to be hereinafter referred to as the Contracts, against Bid Document No. (----------) for (--

---------) of Jharkhand Renewable Energy Development Agency (JREDA) having its Office at 3rd

Floor, SLDC Building, Kusai colony, Doranda, Ranchi – 834 002 (Jharkhand).

WHEREAS, the JREDA had invited Bids for Proposal vide its (RfP dated _______________, 2016)

AND WHEREAS the Bidders qualifying on the strength of a Bidding Consortium will have to

submit a legally enforceable Joint Deed Agreement in a format specified by the JREDA wherein

the Consortium Members have to commit equity investment of a specific percentage in the

envisaged Project.

NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER: In consideration of the above

premises and agreements all the partners in this Consortium do hereby mutually agree as

follows:

In consideration of the Award of the Contract(s) by the JREDA to the Consortium, we the

Members of the Consortium and partners to the Joint Deed Agreement do hereby



unequivocally agree that partner (1) (M/s...........................................................), shall act as the

Lead Member as defined in the RfP for self and agent for and on behalf of Partner-2,

Partner-3 and Partner-4 (the names of the partners to be filled in here).

The Lead Member is hereby authorised by the Members of Consortium and Partners to

the Joint Deed Agreement to bind the Consortium and receive instructions for and on

their behalf. It is further understood that the entire execution of the Contract including

payment shall be done exclusively by the Lead Member.

Notwithstanding anything contrary contained in this Agreement, the Lead Member shall

always be liable for the equity investment obligations of all the Consortium Members i.e.

for both its own liability as well as the liability of other Members.

The Lead Member shall be liable and responsible for ensuring the individual and

collective commitment of each of the Members of the Consortium in discharging all their

respective equity obligations. Each Consortium Member further undertakes to be

individually liable for the performance of its part of the obligations without in any way

limiting the scope of collective liability envisaged in this Agreement.

Subject to the terms of this Agreement, the share of each Member of the Consortium in

the ownership of the Project is in the following proportion

Name Percentage

Partner 1 ---

Partner 2 ---

Partner 3 ---

Partner 4 ---

Total 100%

The Lead Member shall inter alia undertake full responsibility for liaising with Lenders

and mobilising debt resources for the Project, achieving financial closure on behalf of

the Bidding Consortium.

In case of any breach of any of the equity investment commitment by any of the

Consortium Members, the Lead Member shall be liable for the consequences thereof.



Except as specified in the Agreement, it is agreed that sharing of responsibilities as

aforesaid and equity investment commitment thereto shall not in any way be a

limitation of responsibility of the Lead Member under these presents.

It is further specifically agreed that the financial liability for equity contribution of Lead

Member shall, not be limited in any way so as to restrict or limit its liabilities. The Lead

Member shall be liable irrespective of their scope of work or financial commitments.

This Joint Deed Agreement shall be construed and interpreted in accordance with the

Laws of India and courts at Ranchi, Jharkhand alone shall have the exclusive jurisdiction

in all matters relating thereto and arising thereunder.

It is hereby agreed that in case of an award of Contract, the partners to this Joint Deed

Agreement do hereby agree that they shall furnish the Security Deposit in favour of

JREDA, as stipulated in the bidding documents, jointly, on behalf of the Consortium

Members, in favour of the JREDA.

It is further expressly agreed that the Joint Deed Agreement shall be irrevocable and

shall form an integral part of the Contract and shall remain valid till the term of the

Contract unless expressly agreed to the contrary by the JREDA.

The Lead Member is authorised and shall be fully responsible for the accuracy and

veracity of the representations and information submitted by the Consortium Members

respectively from time to time in Bid to the RfP and for the purposes of the Project.

It is hereby expressly understood between the partners to this Agreement that neither

partner may assign or delegate its rights, duties or obligations under the Contract except

with prior written consent of JREDA.

This Joint Deed Agreement

has been duly executed and delivered on behalf of each Partner hereto and constitutes

the legal, valid, binding and enforceable obligation of each such Partner,

sets forth the entire understanding of the Partners hereto with respect to the subject

matter hereof;

may not be amended or modified except in writing signed by each of the Partners and

with prior written consent of JREDA:

IN WITNESS WHEREOF, the partners to the joint Deed Agreement have, through their

authorised representatives, executed these present and affixed Common Seals (applicable only

in case of Companies) of their respective companies on the Day, Month and Year first mentioned

above.



For M/s ……………………..;

(Partner 1)

Signature of Authorized

Signatory Common Seal or Rubber

For M/s ……………………..;

(Partner 2) Signature of Authorized


For M/s ……………………..;



For M/s ……………………..;



Note: Requirement of affixing common seal is applicable only in case of companies registered

under Companies Act. In case of partnership firm or proprietary concern the rubber stamp

needs to be affixed. It should be signed by Authorized Signatory accompanied by a valid power

of attorney.



Annexure 4

Format for Power of Attorney - To be provided by the Bidding Entity/ Lead Member in

favour of its representative


execution)

Know all men by these presents, We …………………………………………………. (Name and address of

the registered office) do hereby constitute, appoint and authorise Mr. / Ms………………………………

(name and residential address) as our true and lawful attorney, to do in our name and on our

behalf, all such acts, deeds and things necessary in connection with or incidental to submission

of our Bid for the Project in response to the Request For Proposal (‘RfP) dated ___________, 2016

issued by Jharkhand Renewable Energy Development Agency (‘JREDA’), as amended, including

signing and submission of the Bid and all documents specified in the RfP, including,

undertakings, letters, certificates, acceptances, clarifications, guarantees, etc, making

representations to JREDA, and providing information / responses to JREDA, representing us in

all matters before JREDA and generally dealing with JREDA in all matters in connection with our

Bid for the said Project.

We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this

Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and

shall always be deemed to have been done by us.

All the terms used herein but not defined shall have the meaning ascribed to such terms under

the RfP.

Signed by the within named

_____________________ [Insert the name of the executant]

through the hand of

Mr._____________________

duly authorised signatory

Dated this ___ day of ___________, 20XX

Accepted

Signature of Attorney

(Name, designation and address of the Attorney)

Attested

(Signature of Executant)

(Name, designation and Address

of the Executant)



Signature and stamp of

Notary of the place of execution

Note:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executant(s) and the

same should be under common seal of the executant affixed in accordance with the applicable

procedure. Further, the person whose signatures are to be provided on the Power of Attorney

shall be duly authorised by the executant(s) in this regard.



Annexure 5

Format for Power of Attorney to be provided by each of the other members of the

Consortium in favour of the Lead Member


execution)

WHEREAS Jharkhand Renewable Energy Development Agency have issued Request For

Proposal dated _____________, 2016, as (‘RfP’) for inviting the bids in respect of setting up of

Mini/Micro Hydro Power Projects in the state of Jharkhand on the terms and contained in the

RfP and the RfP Project Documents (as defined in RfP);

AND WHEREAS ___________, _______________, ____________ and ________________ [Insert names of all

members of Consortium] the members of the Consortium are desirous of submitting Bid in

response to the RfP, and if selected, undertaking the project as per the terms of RfP and RfP

Project Documents;

AND WHEREAS all the members of the Consortium have agreed under the Joint Deed

Agreement dated _____ entered into between all the members and submitted to [Insert name of

Authorised Representative] in response to the RfP, to appoint ______ [Insert the name] as Lead

Member to represent all the other members of the Consortium for all matters regarding the RfP

and the Bid;

AND WHEREAS pursuant to the terms of the RfP, we hereby designate M/s ________ (insert name

of the Lead Member] as the Lead Member to represent us in all matters regarding the Bid and

the RfP, in the manner stated below:

Know all men by these presents, We …………………………………………………. (name and address of

the registered office) do hereby constitute, appoint and authorise ………………………………[name

and registered office address of the Lead Member], which is one of the members of the

Consortium, to act as the Lead Member and our true and lawful attorney, to do in our name and

on our behalf, all such acts, deeds and things necessary in connection with or incidental to

submission of Consortium’s Bid for the Project in response to the Request For Proposal dated

___________, 2016 issued by JREDA, as (‘RfP’), including signing and submission of the Bid and all

documents specified in the RfP, including, undertakings, letters, certificates, acceptances,

clarifications, guarantees, etc., making representations to JREDA, and providing information /

responses to JREDA, representing us and the Consortium in all matters before JREDA, and

generally dealing with JREDA in all matters in connection with our Bid for the said Project, till

completion of the bidding process in accordance with the RfP and signing of all the RfP Project

Documents by all the parties thereto.

We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this

Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and

shall always be deemed to have been done by us.



All the terms used herein but not defined shall have the meaning ascribed to such terms under

the RfP.

Signed by the within named

_____________________ [Insert the name of the executant]

through the hand of

Mr. _____________________

duly authorised signatory

Dated this ___ day of 20XX

Accepted

Signature of Attorney

(Name, designation and address of the Attorney)

Attested

(Signature of Executant)

(Name, designation and Address

of the Executant)

Signature and stamp of

Notary of the place of execution

Note:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executant(s) and the

same should be under common seal of the executant affixed in accordance with the applicable

procedure. Further, the person whose signatures are to be provided on the Power of Attorney

shall be duly authorised by the executant(s) in this regard.



Annexure 6

Format for Format for Bid Bond

Format of the Bid Bond

FORMAT OF THE UNCONDITIONAL AND IRREVOCABLE BANK GUARANTEE FOR BID BOND


execution. Foreign entities submitting Bids are required to follow the applicable law in their

country)

In consideration of the [Insert name of the Bidder] submitting the Bid inter alia for setting up

the Micro/mini Hydel Project in the state of Jharkhand in response to the RfP dated _____________

2016 issued by JREDA as amended from time to time and JREDA considering such Bid of [insert

the name of the Bidder] as per the terms of the RfP, the [insert name of bank] hereby agrees

unequivocally, irrevocably and unconditionally to pay to Jharkhand Renewable Energy

Development Agency at 3rd Floor, SLDC Building, Kusai colony, Doranda, Ranchi – 834 002

(Jharkhand), India forthwith on demand in writing from Jharkhand Renewable Energy

Development Agency or any Officer authorised by it in this behalf, any amount upto and not

exceeding Rupees ____________only, on behalf of M/s. _______________________ [Insert name of the

Bidder].

This guarantee shall be valid and binding on this Bank up to and including ___________, 20XX*and

shall not be terminable by notice or any change in the constitution of the Bank or the term of

contract or by any other reasons whatsoever and our liability hereunder shall not be impaired

or discharged by any extension of time or variations or alternations made, given, or agreed with

or without our knowledge or consent, by or between concerned parties.

Our liability under this Guarantee is restricted to Rupees ___________only. Our Guarantee shall

remain in force until ___________, 20XX*. The Jharkhand Renewable Energy Development Agency

shall be entitled to invoke this Guarantee until _______________, 20XX*.

The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to

the written demand by the Jharkhand Renewable Energy Development Agency, made in any

format, raised at the above mentioned address of the Guarantor Bank, in order to make the said

payment to the JREDA.

The Guarantor Bank shall make payment hereunder on first demand without restriction or

conditions and notwithstanding any objection by the Bidder or any other person. The Guarantor

Bank shall not require JREDA to justify the invocation of this BANK GUARANTEE, nor shall the

Guarantor Bank have any recourse against the Jharkhand energy Development Agency in

respect of any payment made hereunder.

This BANK GUARANTEE shall be interpreted in accordance with the laws of India.

The Guarantor Bank represents that this BANK GUARANTEE has been established in such form

and with such content that it is fully enforceable in accordance with its terms as against the

Guarantor Bank in the manner provided herein.



This BANK GUARANTEE shall not be affected in any manner by reason of merger,

amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly

Jharkhand Renewable Energy Development Agency 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 Jharkhand Renewable Energy Development Agency or to exercise,

levy or enforce any distress, diligence or other process against the Bidder.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is

restricted to Rs. ___________ (Rs. ________________________ only) and it shall remain in force until

____________, 20XX* with an additional claim period of 30 days thereafter. We are liable to pay the

guaranteed amount or any part thereof under this BANK GUARANTEE only if the Jharkhand

Renewable Energy Development Agency serves upon us a written claim or demand.

Signature ____________________

Name___________________

Power of Attorney No._______________

For

______ [Insert Name of the Bank].

Banker's Stamp and Full Address.

Dated this ____ day of ____, 20XX

*These dates will stand extended corresponding to the extension in Bid Deadline. In case

the Bid deadline date extends by 2 days then the Bid Bond validity date and JREDA

entitlement to invoke the Bid Bond will also extend by 2 days and accordingly.



Annexure 7

Format for Technical and Financial Requirement

Annexure 7A Formats for Financial Requirements to be filled by Bidding company/

each Member in Bidding Consortium

Annexure 7A1 Format of Net worth

Annexure 7A1 (i) Net worth certificate

Annexure 7A2 Format for Annual Turnover

Annexure 7A2 (i) Annual Turnover Certificate

Annexure 7B Formats for Financial Requirements for Consortium to be filled by

Lead Member

Annexure 7B1 Format of Net worth

Annexure 7B2 Format for Annual Turnover

Annexure 7C Format for Technical Experience to be filled by Bidding Entity/ Lead

Member

Provide work order and completion certificates clearly outlining scope,

value and date of commencement & completion for each project

claimed

Annexure 7D Formats for Technical and Financial Requirement to be filled by

Parents/Affiliates



Annexure 7A1

Format for Financial Requirement – Net Worth

[On the letterhead of Bidding Entity/Each Member in a Bidding Consortium]

To,

Director,

Jharkhand Renewable Energy Development Agency,



Dear Sir,


We certify that the Bidding Entity /Member in a Bidding Consortium had a minimum Net worth

as required under Clause 5.2.1 and Clause 6.2 based on audited annual accounts of any of the

immediately preceding three (3) financial years (i.e. FY 13, FY 14 and FY 15). This Net worth has

been calculated in accordance with instructions provided in Clause 5.2.1 of the RfP.

Exhibit (i): Applicable in case of Bidding Entity

For the above calculations, we have considered the Net worth of Bidding Entity and/ or its

Parent/ Affiliates for the financial year ______ as per following details:

Name of Entity Relationship with Bidding Entity * Parent/ Affiliate

Net worth (In Rs Cr)

Entity 1 --- ---

Total * The column for “Relationship with Bidding Entity” is to be filled only in case the financial capability of

Parent/Affiliate has been used for meeting Qualification Requirements and form 7D has to be filled for each

of such entities.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately on their respective letterhead)

Name of Member: [Insert name of the Member]

Networth Requirement to be met by member in Proportion to the Equity Commitment: Rs.______

Crore / MW [share of member (__ %) x Rs. 1.0 crores / MW]

For the above calculations, we have considered Networth by Member in Bidding Consortium

and/ or Parent/ Affiliate for financial year ______ as per following details:



Name of Entity Relationship with Member * Parent/ Affiliate

Net worth (Rs Cr.)

Entity 1 --- --- Total * The column for “Relationship with Bidding Entity” is to be filled only in case the financial capability of

Parent / Affiliate has been used for meeting Qualification Requirements and form 7D has to be filled for each

of such companies.

Signature, Name, Designation & Address of:

1. Authorised Signatory in whose name Power of Attorney/Board Resolution has been

issued in case of Bidding Entity / Leas Member of the Bidding Consortium

2. Chief Executive Officer/Managing Director/Partner/Proprietor in case of Consortium

Members other than Lead Member

Rubber Stamp of the Bidding Entity / Each Member of the Bidding Consortium Date:

Place:

Note:

1. This document shall be signed by Bidding Entity/Each Member of the Bidding Consortium

2. Along with the above format, in a separate sheet, provide details of computation of

Networth duly certified by practicing Chartered Accountant.



Annexure 7A2

Format for Financial Requirement – Annual Turnover

[On the letterhead of Bidding Entity/Each Member in a Bidding Consortium]

To,

Director,




Dear Sir,


We certify that the Bidding Entity /Member in a Bidding Consortium had a minimum Annual

Turnover as required under Clause 5.2.2 and Clause 6.2 based on audited annual accounts of

any of the immediately preceding three (3) financial years (i.e. FY 13, FY 14 and FY 15). This

Annual Turnover has been calculated in accordance with instructions provided in Clause 6.2 of

the RfP.

Exhibit (i): Applicable in case of Bidding Entity

For the above calculations, we have considered the Annual Turnover of Bidding Entity and/ or

its Parent/ Affiliates for the financial year ______ as per following details:

Name of Entity Relationship with Bidding Entity * Parent/ Affiliate

Net worth (In Rs Cr)

Entity 1 --- ---

Total * The column for “Relationship with Bidding Entity” is to be filled only in case the financial capability of

Parent/Affiliate has been used for meeting Qualification Requirements and form 7D has to be filled for each

of such entities.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately on their respective letterhead)

Name of Member: [Insert name of the Member]

Annual Turnover Requirement to be met by member in Proportion to the Equity Commitment:

Rs.______ Crore / MW [share of member (__ %) x Rs. 1.0 crores / MW]

For the above calculations, we have considered Annual Turnover by Member in Bidding

Consortium and/ or Parent/ Affiliate for financial year ______ as per following details:



Name of Entity Relationship with Member * Parent/ Affiliate

Annual Turnover (Rs Cr.)

Entity 1 --- --- Total * The column for “Relationship with Bidding Entity” is to be filled only in case the financial capability of

Parent / Affiliate has been used for meeting Qualification Requirements and form 7D has to be filled for each

of such companies.






Rubber Stamp of the Bidding Entity / Each Member of the Bidding Consortium

Date:

Place:

Note:

1. This document shall be signed by Bidding Entity/Each Member of the Bidding Consortium

as under:

2. Along with the above format, in a separate sheet, provide details of computation of Annual

Turnover duly certified by practicing Chartered Accountant.



Annexure 7B1

FORMAT FOR FINANCIAL REQUIREMENT – NET WORTH

To be provided only in case of Bidding Consortium

[On the letterhead of Lead Member in a Bidding Consortium]

To,

Director,




Dear Sir,


We certify that the Bidding Consortium had a minimum Networth as required under

Clause 5.2.1 based on audited annual accounts of any of the immediately preceding three

financial years (i.e. FY 13, FY 14 and FY 15). This Networth has been calculated in accordance

with instructions provided in Clause 5.2.1 of the RfP.

Name of Member in a Bidding Consortium

(1)

Equity Commitment /

share in bidding

consortium (%) (2)

Networth Requirement to be met by Members in Proportion to the

Equity Commitment (Rs. 1.1 Crore X %

share in consortium as mentioned in

column 2) (3)

Networth of

Members* (4)

Networth eligible to

be counted (lower of

(3) and (4)

Member 1 --- --- Total Networth of Consortium for Financial Qualification Requirement

*These figures should be based on the figures in Annexure 7A1 (exhibit II)




Date:

Place:



Annexure 7B2

FORMAT FOR FINANCIAL REQUIREMENT – ANNUAL TURNOVER

To be provided only in case of Bidding Consortium

[On the letterhead of Lead Member in a Bidding Consortium]

To,

Director,




Dear Sir,


We certify that the Bidding Consortium had an Annual Turnover as required under Clause 5.2.2

based on audited annual accounts of any of the immediately preceding three (3) financial years

(i.e. FY 13, FY 14 and FY 15). The Annual Turnover has been calculated in accordance with

instructions provided in Clause 5.2.2 of the RfP.

Name of Member in a Bidding Consortium

(1)

Equity Commitment /

share in bidding consortium (%)

(2)

Annual Turnover Requirement to be met by Members in

Proportion to the Equity

Commitment (Rs.0.55 Crore X % of share

in consortium as stated in coloumn 2)

(3)

Annual Turnover of Members*

(4)

Annual Turnover eligible to be

counted (lower of

(3) and (4)

Member 1 --- Total Turnover of Consortium for Financial Qualification Requirement

*These figures should be based on the figures in Annexure 7A2 exhibit II




Date:

Place:



Annexure 7C

FORMAT FOR TECHNICAL REQUIREMENT

(To be filled by Bidding Entity/ Lead Member of the Consortium)

[on the letterhead of Bidding Entity/ Lead Member in a Bidding Consortium]

To,

Director,




Dear Sir,


We certify that the Bidding Entity/ Lead Member has experience of developing projects in the

last 10 years whose aggregate capital cost is not less than Rs. 4 Crore [Insert amount as per

Clause 5.3]. Out of these projects, the capital cost of at least one project is equivalent or more

than Rs. 2 Crore [Insert amount as per Clause 5.3]. This Technical Requirement has been

calculated in accordance with instructions provided in Clause 6.2 of the RfP and on the basis of

following projects:

S.No. (1)

Name of Bidding

Entity/ Lead Member / or

Their respective Parent / Affiliates

(2)

Relationship with

Bidding Entity/Lead

Member* (3)

Project Name

(4)

% of Equity held from the time of

Financial Closure to the

commissioning / complete on of the Project by

the entity mentioned in

column 2. (5)

Nature of

Project (6)

Project Cost (Rs.

Crore) (8)

Date of Completion/

commissioning (9)

1 Project 1 2 --- 3 ---

Total

* The column for “Relationship with Bidding Entity” is to be filled only in case the financial capability of

Parent/Affiliate has been used for meeting Qualification Requirements and form 7D has to be filled for each of such

companies.

Further, it is certified that [insert name of companies as mentioned in column No. 2] have/has

held at least 26% equity in the [insert name of the project mentioned in column no. 4] from the

Financial Closure till the date of commissioning/completion of the corresponding project.






Date: Place:

Note: 1. The Bidder needs to provide work order and completion certificates clearly outlining scope,

value and date of completion for each project claimed.



Annexure 7D

(To be filled by Parents/Affiliate of the Bidding Entity/ Each Member of Consortium)

[On the letter head of Parent / Affiliate whose financial and/ or technical capability has

been taken]

To,

Director,



Ranchi – 834 002 (Jharkhand Dear Sir,

Sub: - Bid for development of Micro/Mini Hydro Power Projects for the state of Jharkhand

We certify that [Insert Name of the Entity] is the Parent/ Affiliate of the [Bidding

Entity/Member in a Bidding Consortium] as per the provisions of the RfP and that our Net

worth for the year ___ and Turnover for the year ____is as given below. The said, Net worth and

Annual Turnover has been calculated in accordance with instructions provided in Clause 6.2 of

the RfP.

Exhibit (i): Financial Parameters (as applicable)

Parameters Rs. Crores Financial Year Net worth (figures to tally with Annexure 7A1)

Annual Turnover (figures to tally with Annexure 7A2)

Exhibit (ii): Technical parameters (as applicable)

We certify that [Insert Name of the Company] is the Parent/ Affiliate of the [Bidding

Company/Member in a Bidding Consortium] as per RfP and that we have experience of

developing projects in the last 10 years whose aggregate capital cost is Rs.---------- [Insert

amount] Crore. This Technical Requirement has been calculated as per the instructions

provided in the Clause 6.2 of the RfP on the basis of following projects:

S.No. (1)

Project Name (2)

% of Equity held from the time of financial Closure till

the commissioning /completion of the Project

by the company (3)

Name of project (Rs In Crs)

(4)

Date of Completion/

Commissioning (5)



Further, it is certified that [insert name of companies in column No. 2] have/has held at least

26% equity in the [insert name of the project mentioned in column no. 4] from the Financial

Closure to the time of commissioning of the corresponding project.

Signature of Chief Executive Officer/Managing Director/Partner/Proprietor

Rubber Stamp of the Parent / Affiliate whose financial and/ or technical capability has been

taken

Date:

Place:

Note:

1. This document shall be signed by Parents / Affiliates of Bidding Entity/Lead Member as

under:

1.1. In case of Company to be signed by Managing Director/ Chief Executive Officer/ Full

time director on the Board of the Bidding Company

1.2. In case of Partnership Firm to be signed by the Partner

1.3. In case of Proprietary Concern to be signed by Proprietor

2. Along with the above format, in a separate sheet, details of computation of Networth and

Annual Turnover duly certified by practicing Chartered Accountant.



Annexure 8

Format for Bidders Undertaking and Scheduled CoD

[On the Letter Head of the Bidding Company/Lead Member of Bidding Consortium]

To,

Director,




Dear Sir,


We hereby undertake on our own behalf and on behalf of the IPP, that if selected as the

Successful Bidder for the Project:

1. We give our unconditional acceptance to the RfP Project Documents issued by Jharkhand

Renewable Energy Development Agency (JREDA) as a part of the RfP dated _________, 2016,

as amended. We shall ensure that the IPP shall execute such RfP Project Documents as per

the provisions of the RfP.

2. We have submitted our Financial Bid strictly as per the formats provided in Annexure of

the RfP, without any deviations, conditions and without mentioning any assumptions or

notes for the Financial Bid in the said Annexure.

3. We have submitted the Bid on the terms and conditions contained in the RfP and we hereby

confirm our acceptance of all the terms and conditions of RfP.

4. Our Bid (including Financial Bid) is valid up to the period required under Clause 4.12 of the

RfP.

5. Our Bid (including Financial Bid) has been duly signed by authorised signatory and sealed

in the manner and to the extent indicated in this RfP and the Power of Attorney/Board

Resolution in requisite format as per RfP has been enclosed in original with this

undertaking.

6. We confirm that the Scheduled COD of the Project shall be as given below as stated in

Clause 7.8 of the RfP.

a. Within 30 (Thirty) months from the date of signing of Implementation

Agreement for projects with capacity upto 5 MW;

b. Within 36 (Thirty Six) months from the date of signing of Implementation

Agreement for the projects with capacity more than 5 MW & upto 12 MW; and



c. Within 48 (Forty Eight) months from the date of signing of Implementation

Agreement for the projects with capacity more than 12 MW

7. We confirm that our Financial Bid conforms to all the conditions in the RfP including:

a. Financial Bid is in accordance to the format prescribed in Annexure 13, and has

been submitted duly signed by the Authorised Signatory

b. Financial Bid is unconditional

c. Only one Financial Bid is submitted for a single Project

Signature, name, designation and address of Authorised Person in whose name Power of

Attorney/ Board Resolution as per Annexure 4 has been issued.

Original Power of Attorney/Board Resolution as per Annexure 4 is enclosed. Rubber stamp of

the Bidder to be affixed.


Date:

Place:



Annexure 9

Format of Undertaking

[On the Letter Head of the Parent /Affiliates of the bidding entity / Each Member of the Bidding

Consortium]

Name:

Full Address:

Telephone No.:

E-mail address:

Fax / No.:

The Director




JREDA

Sub: Undertaking for equity investment

Dear Sir,

We refer to the Request For Proposal dated _______________, 20XX, issued by you regarding setting

up of Mini/Micro Hydro Power Projects in the state of Jharkhand.

We have carefully read and examined in detail the RfP, regarding submission of an undertaking

regarding the investment in the equity share capital of the Project. We have also noted the

amount of the equity investment required in the IPP for the Project by the [Insert the name of

the Bidder or the Consortium Member] for the Project.

In view of the above, we hereby undertake to you and confirm that in the event of failure of

[Insert the name of the Bidder or the Consortium Member] to invest in full or in part, in the

equity share capital of the IPP as specified in the RfP [and/or the Joint Deed Agreement to the

extent applicable]***, we shall invest the said amount not invested by [Insert the name of the

Bidder or the Consortium Member] in the proposed Special Purpose Vehicle to be formed for

the Project.

We have attached hereto certified true copy of the Board Resolution whereby the Board of

Directors of our Company has approved issue of this Undertaking by the Company.

All the terms used herein but not defined, shall have the meaning as ascribed to the said terms

under the RfP.

Signature of Chief Executive Officer/Managing Director/Partner/Proprietor



Rubber Stamp of the Parent / Affiliate whose financial and/ or technical capability has been

taken

Date:

Place:

Note:

1. This document shall be signed by Parents / Affiliates of Bidding Entity/Lead Member as

under:

1.1. In case of Company to be signed by Managing Director/ Chief Executive Officer/ Full

time director on the Board of the Bidding Company

1.2. In case of Partnership Firm to be signed by the Partner

1.3. In case of Proprietary Concern to be signed by Proprietor

*** The language in [ ] may be added in case of Lead Member in a Bidding Consortium



Annexure 10

Format for Board Resolution

Format – 1

Format of the Board Resolution for the Bidding Company and each member of the

Consortium

The Board, after discussion, at the duly convened Meeting on _________ [insert date], with the

consent of all the Directors present and in compliance of the provisions of the Companies Act,

1956, passed the following Resolution:

RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 and compliance

thereof and as permitted under the Memorandum and Articles of Association of the Company,

approval of the Board be and is hereby accorded for investment of…… percent (……. %) of the

total equity share capital requirements of the Project representing the entire amount proposed

to be invested by the Company for the ______ Micro/Mini Hydro Power Projects, partly by

acquisition from Jharkhand Renewable Energy Development Agency and partly by subscribing

to the new equity shares, as per the terms of the RfP.

FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to contribute such

further amount over and above the said percentage limit to the extent becoming necessary

towards the total equity share obligatory on the part of the Company pursuant to the terms and

conditions contained in the Joint Deed Agreement dated ______executed by the Company as per

the provisions of RfP. **

[Note: In the event, the investing entity is an Affiliate or Parent of the Selected Bidder, the

following paras in the Board Resolution shall also be passed;]

RESOLVED THAT the Board hereby acknowledges the Board Resolution dated ______ passed by

the [Name of the Affiliate(s)/Parent] regarding the investment of……..percent(…….%) of the

total equity share capital requirements of the IPP, which is to be invested by the [Name of the

Affiliate(s)/ Parent] for the [Insert name of the Project], partly by acquisition from JREDA and

partly by subscribing to the new equity shares, as per the terms of the RfP.

FURTHER RESOLVED THAT ___________, be and is hereby authorised to enter into take all the

steps required to be taken by the Company in this regard, including in particular, signing of the

Bid, making changes thereto and submitting amended Bid, all the related documents, certified

copy of this Board Resolution or letter, undertakings etc., required to be submitted to JREDA as

part of the RfP or such other documents as may be necessary in this regard.

Certified True Copy

Notes:-



1. This certified true copy should be submitted on the letterhead of the Company, signed by

the Company Secretary or any of the authorised Directors of the Company and the rubber

stamp for the Company shall be affixed.

2. The contents of the format should be suitably re-worded indicating the identity of the entity

passing the resolution i.e. the Bidding Company, each Member of the Bidding Consortium.

3. This format may be modified only to the limited extent required to comply with the local

regulations and laws applicable to a foreign entity submitting this resolution. For example,

reference to Companies Act 1956 may be suitably modified to refer to the law applicable to

the entity submitting the resolution. However, in such case, the foreign entity shall submit a

certificate signed by a person authorized by law of the Bidder’s country certifying that the

resolution has been provided in compliance with the applicable local laws outside India and

that this format has been modified only to the limited extent to comply with applicable

foreign law.

**Applicable only for Bidding Consortium. To be adopted by Lead Member



Format – 2

Format for the Board Resolution of Affiliate/s and Parent

The Board, after discussion, at the duly convened Meeting on _________ [insert date], with the

consent of all the Directors present and in compliance of the provisions of the Companies Act,

1956, passed the following Resolution:

RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 and compliance

thereof and as permitted under the Memorandum and Articles of Association of the Company,

approval of the Board be and is hereby accorded for issuing an Undertaking to JREDA named in

the RfP, in the format specified in the RfP issued by JREDA, draft of which is attached hereto and

initialled by the Chairman whereby the Company undertakes to invest ……. % of the total equity

share capital requirements of the IPP, as per the terms of the RfP, representing the entire

amount proposed to be invested by [insert the name of the Bidder or member] for the said

Project, in case of failure of [insert the name of the Bidder or member] to make such

investment”.

FURTHER RESOLVED THAT the Board hereby acknowledges the Board Resolution dated________

passed by [Name of the Bidder/Member in a Consortium] regarding the reiteration of the terms

and conditions of the Joint Deed Agreement dated _________ including in particular the

obligations of [Name of the Selected Bidder] pertaining to joint and several liability to the extent

of 100% equity contribution to the project, i.e., for both its own liability as well as the liability of

all the other members of the consortium, viz., [Insert names of all the other Members in a

Consortium for the Bid] and consent of the Board is hereby accorded for issuing an Undertaking

to JREDA named in the RfP, in the format specified in the RfP issued by JREDA, draft of which is

attached hereto and initialled by the Chairman whereby the Company undertakes to invest 100

% of the total equity share capital requirements of the IPP, as per the terms of the said Joint

Deed Agreement.**

FURTHER RESOLVED THAT ___________, be and is hereby authorised to enter into and take all the

steps required to be taken by the Company in this regard, including in particular, signing the

said Undertaking, issuing the same to the JREDA of all the related documents, certified copy of

this Board resolution or letter, undertakings etc. required to be submitted to JREDA as part of

the RfP or such other documents as may be necessary in this regard.

Certified True Copy

Notes:-

1. This certified true copy should be submitted on the letterhead of the Company, signed by

the Company Secretary or any of the authorised Directors of the Company and the rubber

stamp for the Company shall be affixed.

2. The contents of the format should be suitably re-worded indicating the identity of the entity

passing the resolution i.e. the Bidding Company, each Member of the Bidding Consortium.

3. This format may be modified only to the limited extent required to comply with the local

regulations and laws applicable to a foreign entity submitting this resolution. For example,



reference to Companies Act 1956 may be suitably modified to refer to the law applicable to

the entity submitting the resolution. However, in such case, the foreign entity shall submit a

certificate signed by a person authorized by law of the Bidder’s country certifying that the

resolution has been provided in compliance with the applicable local laws outside India and

that this format has been modified only to the limited extent to comply with applicable

foreign law.

** Applicable only for Consortium to be adopted only by the Affiliate/Parent of the Lead

Member in a Bidding Consortium



Annexure 11

Format for Disclosure

[On the letter head of Bidding Company/Each Member in a Bidding Consortium]

Disclosure

We hereby declare that the following companies with which we have direct or indirect

relationship are also separately participating in this Bid process as per following details:

S. No. Name of the Company Relationship

In case there is no such company in the column “name of the company” write “Nil”

Further we confirm that we don’t have any Conflict of Interest with any other company

participating in this bid process.


1. Authorised Signatory in whose name Power of Attorney/Board Resolution has been issued

in case of Bidding Entity / Leas Member of the Bidding Consortium



Rubber Stamp of the Bidding Entity / Each Member of the Bidding Consortium

Date:

Place:



Annexure 12

Letter of Consent

[On the letter head of Bidding Company/Each Member in a Bidding Consortium]

Letter of Consent

To,

The Director




JREDA

We _________________________ {insert the name of bidding entity/ consortium member}, state that

the entire Bid has been reviewed and each element of the Bid is agreed to and we undertake to

fulfil the investment commitment for the envisaged Project.






Rubber Stamp of the Bidding Entity / Each Member of the Bidding Consortium Date:

Place:



Annexure 13

Format for Financial Bid

(NOT to be submitted along with the Technical Proposal)

Annexure 13 (A) BOQ Format for Financial Bid

(The given format is for representation purpose only and NOT to be

submitted with the Technical Bid. The Bidder is required to separately

upload the Quoted & digitally signed Bill of Quantity (BOQ) in the file

supplied by JREDA in .xls/.pdf format on the e-tendering website

Annexure 13 (B) Format for providing project preference

(To be uploaded along with BoQ in the Financial Proposal only)



Annexure 13 (A)

Format for Financial Bid

(The given format is for representation purpose only. Not to be submitted with the Technical Bid. The Bidder is required to separately

upload the Quoted & digitally signed Bill of Quantity (BOQ) in the file supplied by JREDA in .xls/.pdf format on the e-tendering website)

Tender Inviting Authority: Director, Jharkhand Renewable Energy Development Agency(JREDA)

Name of Work: Setting up of Small Hydro Power Plant for 13 projects in Jharkhand for a cumulative capacity of 125.20 MW.

Contract No: 34/JREDA/SHP/2016-17

Bidder Name:

PRICE SCHEDULE

(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns, else the bid is liable to be

rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only )

NUMBER # TEXT # NUMBER # NUMBER NUMBER # NUMBER #

Sl.

No.

Item Description

Capacity (MW) Minimum

Mandatory free

Power

Free Power over and above

mandatory minimum of 4%

(%) (Upto three decimal

places)

TOTAL FREE

Power to be

provided by the

Bidder (%)

1 2 4 7 13 53 = [7] + [13]

1 Setting up of Small Hydro Power Plant for 13 projects in Jharkhand for a cumulative capacity of 125.20 MW.

1.01 Kurdeg SHP Project, Simdega 19.00 4.000

1.02 Sugabandh Stage-I SHP Project, Latehar 4.50 4.000

1.03 Sugabandh Stage-II SHP Project, Latehar 4.50 4.000

1.04 Thetaitangar SHP Project, Simdega 24.00 4.000

1.05 Raidih SHP Project, Gumla 23.00 4.000

1.06 Basiya SHP Project, Gumla 9.00 4.000



1.07 Torpa SHP Project, Ranchi 13.00 4.000

1.08 Dasham Fall SHP Project, Ranchi 6.00 4.000

1.09 Manoharpur SHP Project, West Singhbhum 8.00 4.000

1.10 Johna SHP Project, Ranchi 1.00 4.000

1.11 Arki SHP Project, Khunti 1.50 4.000

1.12 Sita Fall SHP Project, Ranchi 0.70 4.000

1.13 Hundru SHP Project, Ranchi 11.00 4.000

Note:

1. During the Financial Bid opening, the Free Power quoted by the bidders for all the projects shall be opened irrespective of the capacity for

which the bidder has been qualified. JREDA shall not be responsible for exposure of financial bids for which they have not qualified.

2. The Bidder is required to quote the free power over and above the mandatory minimum of 4% free power;

3. The Bidder is required to quote the free power upto three (3) decimal places;

4. The above format shall NOT be submitted with the Technical Proposal.

5. The column no 7 represents the minimum mandatory free power of 4%.

6. In column no. 13, the bidder is required to quote the free power over (Upto 3 decimal places) and above the 4% of minimum mandatory free

power.

7. The Column 53 represents the total free power (minimum mandatory of 4% plus the free power quoted over and above minimum mandatory

free power) to be provided by the bidder.

8. The free power (Over and above the minimum mandatory of 4%) for the projects not being bid by the bidder shall be left BLANK in column

13, even 0.000% shall not be entered by the bidder. However, in case the Bidder enters 0.000% for a particular project, the same shall be

considered as quoted by the bidder.



Annexure 13 (B)

Format for providing project preferences

(NOT to be submitted with the Technical Bid. To be uploaded along with BoQ in the Financial

Proposal only)

S No. RfP Financial Bid

1. Name of the Bidder

2. Bidding Consortium

a. Lead Member

b. Co Member

S. No. Name of the Project (in the order of priority)

(1) (2)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.



S. No. Name of the Project (in the order of priority)

13.

Note:

1. The contents of this format shall be clearly stated;

2. The Bidder is required to indicate the name of the projects in the order of priority;

3. The list of projects to be provided by the Bidder in the Annexure 13 (B) shall tally with the list of

projects for which the Bidder has quoted Free Power in Annexure 13 (A). In case the list does not

match, the Bid may be rejected as per the discretion of JREDA

4. All pages of this format shall be signed by the Authorised Person in whose name Power of

Attorney/Board Resolution has been issued.




Date:

Place:



Annexure 14

Format for Clarifications/ Amendments on the RfP

(Applicable only for the Pre-Bid meeting before submission of the Bid in response to the RfP)

S.No. Document Clause No. and

Existing

Provision

Clarification

required

Suggested text

for the

amendment

Rationale for the

Clarification of

Amendment

Signature ____________________

For

__________________________

Bidder’s Rubber Stamp and Full Address

(Note: This format shall be used for submission of requests for clarifications/amendments on

the RfP)



Annexure 15

Format for Performance Guarantee

To be submitted by the Successful Bidder after issuance of LOI

(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)

In consideration of the [Insert name of the Selected Bidder or Selected Bidder on behalf of the

IPP] agreeing to undertake the obligations under the RfP Project Documents, agreeing to

execute RfP Project Documents inter alia with the IPP, regarding setting up the Power Station of

the capacity of ……….. MW, in the state of Jharkhand, the _______________ [insert name of bank]

(hereinafter referred to as “Guarantor Bank”) hereby agrees unequivocally, irrevocably and

unconditionally to pay to Jharkhand Renewable Energy Development Agency, Jharkhand, India

forthwith on demand in writing from JREDA or any Officer authorised by it in this behalf, any

amount upto and not exceeding Rupees ______________ only [Insert the amount of the bank

guarantee in respect of JREDA as per the terms of RfP], on behalf of M/s. _______________________

[Insert name of the IPP or the Selected Bidder on behalf of the IPP].

This guarantee shall be valid and binding on this Bank up to and including _________________ and

shall not be terminable by notice or any change in the constitution of the Bank or the term of

contract or by any other reasons whatsoever and our liability hereunder shall not be impaired

or discharged by any extension of time or variations or alternations made, given, or agreed with

or without our knowledge or consent, by or between parties to the respective agreement.

Our liability under this Guarantee is restricted to Rs. ___________ (Rs. ________________________ only).

Our Guarantee shall remain in force until __________________. JREDA shall be entitled to invoke this

Guarantee till _____ [Insert date which is 30 days after the date in the preceding sentence].

The Guarantor Bank hereby agrees and acknowledges that the JREDA shall have a right to

invoke this BANK GUARANTE in part or in full, as it may deem fit.

The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to

the written demand by the JREDA, made in any format, raised at the above mentioned address

of the Guarantor Bank, in order to make the said payment to JREDA.

The Guarantor Bank shall make payment hereunder on first demand without restriction or

conditions and notwithstanding any objection by JREDA and [Insert name of the Selected

Bidder] and/or any other person. The Guarantor Bank shall not require the JREDA to justify the

invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against

the JREDA in respect of any payment made hereunder

This BANK GUARANTEE shall be interpreted in accordance with the laws of India.



The Guarantor Bank represents that this BANK GUARANTEE has been established in such form

and with such content that it is fully enforceable in accordance with its terms as against the

Guarantor Bank in the manner provided herein.

This BANK GUARANTEE shall not be affected in any manner by reason of merger,

amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly

JREDA shall not be obliged before enforcing this BANK GUARANTEE to take any action in any

court or arbitral proceedings against the [Insert name of IPP] or the Selected Bidder, to make

any claim against or any demand on [Insert name of IPP] or the Selected Bidder or to give any

notice to [Insert name of IPP] or the Selected Bidder or to enforce any security held by JREDA or

to exercise, levy or enforce any distress, diligence or other process against [Insert name of IPP]

or the Selected Bidder.

The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the JREDA

and may be assigned, in whole or in part, (whether absolutely or by way of security) by JREDA

to any entity to whom the JREDA is entitled to assign its rights and obligations.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is

restricted to Rs. ___________ only and it shall remain in force until ___________ [Date to be inserted]

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 JREDA serves upon us

a written claim or demand.

Signature ____________________

Name___________________

Power of Attorney No._______________

For

______ [Insert Name of the Bank]__

Banker's Stamp and Full Address.

Dated this ____ day of ____, 20__.

Note: The Performance Guarantee may be submitted by the Bidder on behalf of the Project

Company or the IPP



Annexure 16

Check List for Bank Guarantees

S.No. Details of Checks Yes/ No

1 Is the BG on non-judicial Stamp paper of appropriate value, as per applicable Stamp Act of the place of execution

2 Whether date, purpose of purchase of stamp paper and name of the purchaser are indicated on the back of Stamp paper under the Signature of Stamp vendor? (The date of purchase of stamp paper should be not later than the date of execution of BG and the stamp paper should be purchased either in the name of the executing Bank or the party on whose behalf the BG has been issued. Also the Stamp Paper should not be older than six months from the date of execution of BG).

3 Has the executing Officer of BG indicated his name, designation and Power of Attorney No/ Signing Power no. on the BG?

4 Is each page of BG duly signed / initialed by executants and whether stamp of Bank is affixed thereon? Whether the last page is signed with full particulars including two witnesses under seal of Bank as required in the prescribed proforma?

5 Does the Bank Guarantees compare verbatim with the Proforma prescribed in the Bid Documents?

6 Are the factual details such as Bid Document No./ Specification No./ Amount of BG and Validity of BG correctly mentioned in the BG

7 Whether overwriting/cutting if any on the BG have been properly authenticated under signature & seal of executants?

8 Whether the BG has been issued by a Bank in line with the provisions of Bidding documents?



Annexure 17

List of Banks for issuance of BGs/ Bid Bond/ Performance Bank Guarantee

SCHEDULED COMMERCIAL BANKS

1. SBI AND ASSOCIATES

1. State Bank of India

2. State Bank of Bikaner & Jaipur

3. State Bank of Hyderabad

4. State Bank of Indore

5. State Bank of Mysore

6. State Bank of Patiala

7. State Bank of Travancore

8. State Bank of Saurashtra

2. NATIONALISED BANKS

1. Allahabad Bank

2. Andhra Bank

3. Bank of India

4. Bank of Maharashtra

5. Canara Bank

6. Central Bank of India’

7. Corporation Bank

8. Dena Bank

9. Indian Bank

10. Indian Overseas Bank

11. Oriental Bank of Commerce

12. Punjab National Bank

13. Punjab & Sind Bank

14. Syndicate Bank

15. Union Bank of India

16. United Bank of India

17. UCO Bank

18. Vijaya Bank

19. Bank of Baroda

3. Scheduled Private Bank List

1. Federal Bank Ltd.

2. ING Vysya Bank Ltd.

3. Axis Bank Ltd.

4. ICICI Bank Ltd.

5. HDFC Bank Ltd.

6. Yes Bank Ltd.

7. IndusIand Bank Ltd.

8. IDBI Bank Ltd.

9. Kotak Mahindra Bank



Annexure 18

Illustration of Affiliates

100%

26% 26%

100% 26%

100%

Indirectly Controls Bidder

Controls Directly Bidder

Is under direct common control with

Bidder

Bidder

Is under indirect common control with

Bidder

Is controlled directly

by Bidder

Is controlled

indirectly by Bidder



Annexure 19

Illustration for Applicable Board Resolutions Requirements

Investor in the IPP Entities (other than Bidder) whose credentials (financial

and/or technical) used by the Bidder for meeting RfQ Criteria

Applicable Board Resolutions Requirement of Undertaking (Annexure 9)

Bidder himself for 100% equity None (a) Format 1 of Annexure 10 Resolution* 1 and 4 from the Bidder

No

Bidder himself for 100% equity Affiliate and/or Parent (a) Format 1 of Annexure 10 – Resolution* 1 and 4 from the Bidder

(b) Format 2 of Annexure 10 by either Parent/ Affiliate(s) whose credentials have been used

Yes, by Parent/ Affiliate(s) whose credentials have been used.

Bidder himself + others (Affiliate and/or Parent) in aggregate holding 100% equity

None (a) Format 1 of Annexure 8 Resolution* 1, 3 and 4 from the Bidder.

(b) Format 1 of Annexure 8 – Resolution* 1 from the Affiliate and/or Parent investing in the equity

None

Bidder himself + others (Affiliate and/or Parent) in aggregate holding 100% equity

Affiliate and /or Parent (a) Format 1 of Annexure 8 – Resolution* 1, 3 and 4 from the Bidder.

(b) Format 1 of Annexure 8 – Resolution* 1 from the Affiliate and / or Parent

Yes, by either Parent/ Affiliate(s) whose credentials have been used



Investor in the IPP Entities (other than Bidder) whose credentials (financial

and/or technical) used by the Bidder for meeting RfQ Criteria

Applicable Board Resolutions Requirement of Undertaking (Annexure 9)

investing in the equity (c) Format 2 of Annexure 8 by

either Parent/ Affiliate(s) whose credentials have been used.

*Note:

1. Resolution No. 1 - the second paragraph of the Format No 1, Annexure 10 starting with “RESOLVED THAT pursuant to the provisions”

2. Resolution No. 3 - the third paragraph (immediately below the note) of the Format No 1, Annexure 10 starting with “RESOLVED THAT the

Board hereby acknowledges”

3. Resolution No. 4 – the fourth paragraph of the Format No 1, Annexure 10 starting with “FURTHER RESOLVED THAT”

4. Wherever, the Resolution No. 3 is required to be submitted, it should be supported by a separate resolution for investment in equity by the

concerned entity in the format as per Resolution No. 1.



Annexure 20

Detailed Project Description

Details of five (5) projects for Small/ Mini/ Micro Hydel Projects:

S No.

Project parameters Kurdeg SHP Project Sugabandh Stage-I SHP

Project Sugabandh Stage-II SHP

Project Thetaitangar SHP

Project Raidih SHP Project

1 Installed Capacity (MW) 19 4.5 4.5 24 23

2 District Simdega Latehar Latehar Simdega Gumla

3 Name of River Sankh River\Brahmani

River Burha River/ North Koel

River Burha River/ North Koel

River Sankh River\Brahmani

River Sankh River\Brahmani

River

4 Catchment Area (sq. km) 4386.61 615.65 638.58 4220 2339.87

5 Design Discharge (cum/sec) 55.83 8 8.69 52.1 29.85

6 Diversion Structure Pick up Weir Trench Weir Trench Weir Pick up Weir Trench Weir

7 Full Reservoir Level (m) EL. 269 m EL 549 m EL 476 m EL 330.0 m EL 611.5 m

8 Tail Water Level (m) EL. 228 m EL. 482 m EL. 413 m EL. 272 m EL. 523 m

9 Gross Head (m) 41 67 63 57 87.5

10 Net head (m) 38.87 65.26 60.15 51.67 86.4

11 Nos. and size of unit 3 X 6.33 MW 3 X 1.5 MW 3 X 1.5 MW 3 X 8 MW 3 X 7.67 MW

12

75% Dependable Energy /Design Energy

/Annual generation (Gwh)

65.65 15.41 15.12 83.86 79.39

13 PLF (%) 39.4% 39.1% 38.4% 39.9% 39.4%

14 Construction Period (in 24 18 18 24 24



S No.

Project parameters Kurdeg SHP Project Sugabandh Stage-I SHP

Project Sugabandh Stage-II SHP

Project Thetaitangar SHP

Project Raidih SHP Project

months)

15 Total Basic Cost (In Crores) 166.08 36 39.49 196.85 171.97

16 Cost Per MW (In Crores) 8.74 8.00 8.78 8.20 7.48

17 Length of Transmission line (km)

10 10 5 10 10

Details of nine (8) projects for Small/ Mini/ Micro Hydel Projects:

S No.

Project parameters Basiya SHP Project

Torpa SHP Project

Dasham Fall

SHP Project

Manoharpur

SHP Project

Johna SHP Project

Arki SHP Project

Sitafall SHP Project

Hundru SHP Project

1 Installed Capacity (MW) 9 13 6 8 1 1.5 0.7 11

2 District Gumla Ranchi Ranchi West Singhbhum

Ranchi Khunti Ranchi Ranchi

3 Name of River South koel river/Brahmani river

Karo river/ South Koel river

Subarnarekha river/ Kanchi river

Brahmani river / south Koel river

Subarnarekha river/ Ganga nallah

Tajna River Subarnarekha river/ Raru river

Subarnarekha river

4 Catchment Area (sq. km) 3160 1558.82 474.42 9335.3 99.41 189.2 33.55 840

5 Design Discharge (cum/sec) 53.25 15 11.6 105 3.24 5.37 0.87 56.6

6 Diversion Structure Barrage Raised type weir

Over flow weir Barrage Trench weir Trench weir Trench weir Weir

7 Full Reservoir Level (m) EL. 505 m EL. 415 EL. 388.5 m EL. 295 m EL. 397.5 m EL.506.30m EL. 394.25 m EL. 310 m

8 Tail Water Level (m) EL. 482 EL.307.5 EL.320.5 EL. 285.5 EL.348.0 EL. 473.0 EL. 289.0 EL.286.0

9 Gross Head (m) 23 108.5 68.5 9.5 50 32.8 104.5 24



S No.

Project parameters Basiya SHP Project

Torpa SHP Project

Dasham Fall

SHP Project

Manoharpur

SHP Project

Johna SHP Project

Arki SHP Project

Sitafall SHP Project

Hundru SHP Project

10 Net head (m) 19.74 98 59 9 48 31.3 95.5 22

11 Nos. and size of unit 2 X 4 + 1 MW 2 X 6.771 MW

2 X 2.5 + 1 MW 2 x 4 MW 2 X 0.45 + 0.1 MW

2 X 0.65 + 0.2 MW

1 X 0.7 MW 1 X 11 MW

12 75% Dependable Energy /Design Energy/ Annual Energy (MU)

29.6 45.96 19.5 25.60 3.07 4.34 2.19 16.38

13 PLF (%) 37.6% 40.36% 36.5% 36.52% 34% 33% 36% 17%

14 Construction Period (in months)

36 36 36 36 12 12 12 12

15 Total Cost (In Crore) 106.17 128.5 53.64 89.79 7.98 11.94 6.35 37.91

16 Cost Per MW (In Crore) 11.80 9.88 8.94 11.22 7.98 7.96 9.07 3.45

17 Length of Transmission line (km)

3 15 10 12 15 20 8 4



Annexure 21

Implementation Agreement