552 Fe 99 B 6 F 650 RFSFORROOFTOPWAREHOUSESCHEME16042015
552 Fe 99 B 6 F 650 RFSFORROOFTOPWAREHOUSESCHEME16042015
552 Fe 99 B 6 F 650 RFSFORROOFTOPWAREHOUSESCHEME16042015
(RWS Phase-I)
Email: contracts@seci.gov.in
April -2015
INDEX
PAGE
SECTION NO. CONTENTS
NO.
2
SOLAR ENERGY CORPORATION OF INDIA
(A Government of India Enterprise)
Solar Energy Corporation of India (hereinafter called “SECI”), invites bids from the
eligible bidders to participate in the Request for Selection (RFS) of Bidders for
Design, manufacture, supply, erection, testing and commissioning including PPA
with concern DISCOMs/Any other user, insurance,warranty, operation &
maintenance for 25 years of Roof Top Solar PV power system in the warehouses
(warehouses owned by various organizations like Central warehousing corporation,
Food corporation of India, State Government organizations and some private
companies which can have vacant roof space and vacant land in / around their
warehouses) in selected States in India (RWS Phase-I).
For the implementation of above mentioned work, Bidders should submit their bid
proposal along with all supporting documents complete in all aspect on or before 14-
05-2015 up to 2.30 p.m in the office of “SECI” in prescribed format.
Bidder shall submit bid proposal along with non-refundable processing fee, complete
in all respect as per the Bid Information sheet. Techno-Commercial bids will be
opened on 14-05-2015 at 3:00p.m in presence of authorised representatives of
bidders who wish to be present. Bid proposals received without or lesser than the
prescribed processing fee,document fee and Bid Bond for the State will not be
considered. In the event of any date indicated above is declared Holiday, the next
working day shall become operative for the respective purpose mentioned herein.
(Avnish Parashar)
Dy. Manager(C)
3
DISCLAMIER:
1. Though adequate care has been taken while preparing the RFS document,
the Bidders/Applicants shall satisfy themselves that the document is complete
in all respects. Intimation of any discrepancy shall be given to this office
immediately. If no intimation is received from any Bidder within twenty (20)
days from the date of notification of RFS/Issue of the RFS documents, it shall
be considered that the RFS document is complete in all respects and has
been received by the Bidder.
2. Solar Energy Corporation of India (SECI) reserves the right to modify, amend
or supplement this RFS document including all formats and Annexures.
3. While this RFS has been prepared in good faith, neither SECI nor their
employees or advisors make any representation or warranty, express or
implied, or accept any responsibility or liability, whatsoever, in respect of any
statements or omissions herein, or the accuracy, completeness or reliability of
information, and shall incur no liability under any law, statute, rules or
regulations as to the accuracy, reliability or completeness of this RFS, even if
any loss or damage is caused by any act or omission on their part.
4
BID INFORMATION SHEET
a. The bidding process is under Rooftop
Warehouse Scheme (RWS) - Phase-I for
aggregate capacity of 73 MW. The projects shall be
implemented on Build Own Operate basis which
include sale of the Solar Power to the concerned
state DISCOMs. Bidder can apply for projects upto
the maximum aggregate bid capacity 15 MWp
only as per Clause 2.4.2 of Section-I.
5
allowed to attend the same.
Last date & Time of
Submission of Response 14/05/2015 up to 2.30 PM
of RFS
Bid Opening (Techno-
14/05/20-15 at 3:00 PM
Commercial)
Rs. 26,250/- (Rs. Twenty Six Thousand Two Hundred
Fifty only) inclusive of VAT to be furnished through
Cost of the document
Demand Draft (DD) drawn in favour of “Solar Energy
(non-refundable)
Corporation of India”, payable at New Delhi along with
Bid. Please refer Clause 3.11.1.1(A)(iii) for details.
Rs. 56,180/- (Rs. Fifty Six Thousand One Hundred
Eighty only) inclusive of Service tax, for each State to
Processing Fee (non- be furnished through Demand Draft (DD) drawn in
refundable) favour of “Solar Energy Corporation of India”, payable
at New Delhi along with Bid. Please refer Clause
3.11.1.1.(A)(iv) for details.
Based on the Bid capacity proposed by the bidder in
the bid, Bid Bond shall be furnished for each State
BID BOND
separately along with the response to RFS as per
Clause 3.15 of Section-I for details
PBG amount shall be furnished for each State
Performance separately by the successful bidder after issue of
Security(PBG) Letter of Allocation by SECI. Please refer Clause 3.16
of Section-I for details.
Avnish Parashar
Name, Designation,
Dy. Manager(Contracts)
Address and other details
Solar Energy Corporation of India
(For Submission of
D-3, A Wing, 1st Floor, Religare Building,
Response to RFS)
District Centre, Saket, New Delhi-110017
Important Note: Prospective bidders are requested to remain updated for any
notices/amendments/clarifications etc. to the RfS document through the website
www.seci.gov.in. No separate notifications will be issued for such
notices/amendments/clarification etc. in the print media or individually.
All the information related to this RFS shall be updated in the SECI website
www.seci.gov.in .
6
1.0. DEFINITIONS & ABBREVIATIONS
In this “Bid / RFS Document” the following words and expression will have the
meaning as herein defined where the context so admits:
a. controls or
b. is controlled by or
c. is under common control with
1.3. “Bid” shall mean the Techno Commercial and Price Bid in Format-B
submitted by the Bidder along with all documents/credentials/attachments
annexure etc., in response to this RFS, in accordance with the terms and
conditions hereof.
1.5. “Bid Bond” shall mean the unconditional and irrevocable bank guarantee
to be submitted along with the Bid by the Bidder under Clause 3.16 of this
RFS, in the prescribed Format- 3;
1.6. “Bid Deadline” shall mean the last date and time for submission of Bid in
response to this RFS as specified in Bid information Sheet; or as
amended, if any.
1.7. “Bid Capacity” shall means capacity offered by the bidder in his Bid
under invitation.
7
1.11. “Commissioning” means Commencement of successful operation of the
Project / Works by the Contractor, after carrying out Performance Test(s)
as defined in RFS.
1.13. “Capacity Utilization Factor” (CUF) means the ratio of the annual output
of the plant in kWh versus installed plant capacity for number of days.
CUF = plant output in kWh / (installed plant capacity in kW * 365X24).
1.14. “Eligibility Criteria” shall mean the Eligibility Criteria as set forth in
Clause 3.3 of this RFS;
1.15. “Financially Evaluated Entity” shall mean the company which has been
evaluated for the satisfaction of the Financial Eligibility Criteria set forth in
Clause 3.3.3 thereof;
1.19. "MNRE" shall mean Ministry of New and Renewable Energy, Government
of India;
1.20. “Maximum Bid Capacity” shall mean 15 MWp which is the maximum
capacity for which the Bidder can submit its Bid;
1.22. "O&M" shall mean Operation & Maintenance of Rooftop Solar PV system;
1.23. “Owner of the project /Successful Bidder” shall mean anyone who has
ownership(including lease ownership also) of the warehouse roof and is
the legal owner of all equipments of the project. Owner of the project can
enter into a PPA with the concern DISCOM for supply of solar power for
25 years from the date of Commissioning of project.
1.24. “Project capacity” means Capacity in kWp offered by the Bidder for
each Project consisting of single or multiple roof of warehouses. The
project capacity specified is on “DC” output side only. However, to achieve
minimum annual CUF, bidder are allowed to increase 15% of total
allocated capacity for the state
8
PR= (Measured output in kW /Installed Plant capacity in kW * (1000
W/m2/Measured radiation intensity in W/m2).
1.26. “Parent” shall mean a company, which holds at least 51% equity either
directly or indirectly in the Bidding Company or Project Company or a
Member in a Consortium developing the Project
1.29. “Price Bid” shall mean Envelope III of the Bid, containing the Bidder’s
quoted subsidy in Rs./kWh as per the Format- B & Format- C of this RFS;
1.30. “PPA” hall mean Power Purchase Agreement with the concerned State
DISCOMs by the successful bidder(s) for the state at fixed tariff of Rs. 5.5
per kWh for 25 years.
1.31. “Qualified Bidder ” shall mean the Bidder(s) who, after evaluation of their
Techno Commercial Bid as per Clause 3.1 stand qualified for opening and
evaluation of their Price Bid;
1.35. “SECI” shall mean Solar Energy Corporation of India, New Delhi (A Govt
of India Enterprise) under MNRE;
9
1.39. “Total Subsidy” shall mean the subsidy which will be calculated as the
product of actual annual energy sold to DISCOM in kWh per 6 months and
is limited for a period of 8 years with a ceiling of Rs. 29.50 lakhs/MW/year.
1.40. “Ultimate Parent” shall mean a company, which owns at least fifty one
percent (51%) equity either directly or indirectly in the Parent and Affiliates.
10
INTERPRETATIONS
1. Words comprising the singular shall include the plural & vice versa
5. The table of contents and any headings or sub headings in the contract has been
inserted for case of reference only & shall not affect the interpretation of this
agreement.
11
SECTION - I
1. INTRODUCTION
1.1 MNRE launched a scheme for promotion of large scale grid-connected roof top
solar PV projects for Warehouses in various States across the country on Pilot
Basis and SECI has been designated as implementing agency for this scheme.
The pilot scheme with aggregate capacity of 73 MWp is to be implemented on
competitive bidding on required subsidy which will be provided on per kWh energy
generated & sold by the successful bidders to concern DISCOMS [vide RFS.No.
SECI/Cont./RWS/75/2015 dated 16/04/2015]. Bidder can submit bids for the
State(s) mentioned in RFS as per Clause 2.1.4 below.
1.2 The pilot scheme targets installation of grid-connected roof top solar PV projects
on roofs of warehouses. There are large number of warehouses owned by various
organizations like Central Warehousing Corporation, Food Corporations of India,
State Government organizations and some private companies which have huge
vacant roof space and vacant land in and around their warehouse. Unlike industry
and commercial organizations, they do not require much power of their own
needs.
1.3 SECI, which expression shall also include its successors and permitted assigns,
hereby invites interested companies to participate in the bidding process for the
selection of Successful Bidder(s) for implementation of large scale grid-connected
roof top Solar Photovoltaic Projects on the roofs of warehouses.
1.4 The Bidder is advised to read carefully all instructions and conditions appearing in
this document and understand them fully. All information and documents required
as per the bid document must be furnished. Failure to provide the information and
/ or documents as required may render the bid technically unacceptable.
1.5 The bidder shall be deemed to have examined the bid document, to have
obtained his own information in all matters whatsoever that might affect the
carrying out the works in line with the scope of work specified elsewhere in the
document at the offered rates and to have satisfied himself to the sufficiency of
his bid. The bidder shall be deemed to know the scope, nature and magnitude of
the works and requirement of materials, equipment, tools and labour involved,
wage structures and as to what all works he has to complete in accordance with
the bid documents irrespective of any defects, omissions or errors that may be
found in the bid documents.
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2.0 BID DETAILS:
2.1 The bids are invited under Rooftop Warehouse Scheme (RWS) Phase-1 for an
aggregating capacity of 73 MWp. Bidder can apply in any State(s) as tabulated
in Clause 2.1.4 below and upto the maximum bid capacity of 15 MWp as per
Clause 2.4.2 of RFS. The Bidder shall submit bid for 50% of Tendered capacity
only for each state indicated in Sr No 1 to 6 of Table mentioned in Clause 2.1.4.
However for Sr No 7 i.e for the remaining 23 MWp,bidder can submit bid(s) in the
State(s) other then indicated in the table of clause 2.1.4 .In the covering letter
bidder(s) shall indicate the name of States and proposed capacity in which bid is
submitted by them
2.1.1 Bidders quoting less than or greater than 50 % of the tendered capacity
in that states indicated in Sr No 1 to 6 of Table mentioned in Clause
2.1.4. shall be out-rightly rejected. Competitive Bids on subsidy requirement
are invited from the prospective bidders for the tendered capacity as indicated
below against each state (including the proposed state and capacity by the
bidder for 23 MWp) with a fixed tariff of Rs. 5.5/kWh. The projects shall be
implemented on Build Own and Operate basis and sell the solar power to
DISCOMs. The successful bidders shall sign the power purchase agreement
(PPA) with the concerned Discoms at the fixed tariff of Rs. 5.50/kWh for a
period of 25 years.The Successful bidders shall also sign the rent agreement
with the rooftop owners(warehouses) at a fixed roof rent of Rs. 0.50/kWh of
energy sold to DISCOMs for a period of 25 years.The rent shall be paid by the
successful bidder to the roof top owner as per rent agreement terms and
conditions.
The maximum subsidy which can be quoted by successful bidder under this
shceme is Rs. 2/kWh. The quoted subsidy by the successful bidder will be
available for a period of 8 years with a cap of 17% CUF i.e Rs. 29.50
lakhs/MW/year.The bidder quoted the lowest subsidy will be declared as
Successful Bidder for the state and 50% of tendered capacity for that state will
be allocated.
For Example: In case a bidder is quoted a subsidy of Rs. 1.18/kWh for
the State of Punjab and actual annual energy sold to DISCOM is 1.4
million kWh/MW then the subsidy amount will be calculated as:
The total annual subsidy will be calculated as:
1.4*10^6 kWh/year * Rs. 1.18/kWh = Rs.16.52 lakhs/year/MW
This subsidy shall be available for 8 years. Every year the subsidy will
be calacuted on the actual annual energy sold to the concern DISCOM.
2.1.2 Successful bidders will sign PPA directly with the concerned State DISCOMs
for 25 years at fixed tariff of Rs. 5.5/kWh for the State. The Successful bidders
will sign a rooftop rent agreement with the rooftop owner at fixed rent of 50
paisa per kWh of energy genarated & sold by the successful bidder to the
13
DISCOMs per year.The roof rent shall be paid by the successful bidder to the
roof top owner as per rent agreement terms and conditions.
2.1.2.1 In case the bidder is also a rooftop owner, the bidder has to provide the
proof of ownership to SECI.
2.1.2.2 Third party sale may be allowed where successful bidder can enter into
a PPA with any of the power- offtaker/consumer other then the
DISCOMS at a fixed rate of Rs 5.5/kWh subject to SECI approval.SECI
reserves the right to consider or reject such proposal.
2.1.3 Subject to Clause 2.1.1 above, Bids with quoted subsidy more than Rs.2/-
Per kWh will not be considered for evaluation and award.
2.1.4 The States, where the projects are required to be installed along with the
respective capacities for each state(tendered capacity) is indicated in the
table below.
LIST OF STATES AND CAPACITIES
Tendered
Sr.
State Capacity
No
(MWp)
1. Andhra pradesh 5
2. Haryana 10
3. Punjab 20
4. Telangana 5
5. Tamil Nadu 5
6. Uttar pradesh 5
Other than the States
7. as mentioned in serial 23
no. 1 to 6 above
Total 73
2.2 Maximum 30% of the Allocated capacity in each state to the successful
bidder shall be allowed to install on the vacant land in and around
warehouses.SECI reserves the right to relax this condition and can allow
more installation on ground.
14
capacity not less than 500kWp for approval and issue of sanction letter
by SECI. Single sanction letter will be issued for the total aggregate
capacity submitted by the bidder for approval as per above. However,
at sole discretion of SECI, less than 500kWp project proposal may also
be considered for sanctioning.
2.4 BID CAPACITY
2.4.1 Bids shall be submitted for 50% of Tendered capacity only for each state
indicated in Sr No 1 to 6 of Table mentioned in Clause 2.1.4.. Bids quoting
less than or greater than 50% of the tendered capacity in that state shall be
out-rightly rejected. The intent is to allocate the tender capacity equally to the
bidders in a State.However,in execeptional circumstances,Successful bidders
can be more then two(2) in nos.
2.4.2 Bidder is eligible to apply for a maximum aggregate capacity of 15 MWp for all
the states indicated above. Offer of the Bidders quoting cumulative capacity
more than 15 MWp shall be outrightly rejected.
2.4.3.1 SECI reserves the right to allocate part capacity also subject to
acceptance of the bidder.
3.1 Bidder must meet the eligibility criteria independently as a Bidding Company or
as a Bidding Consortium with one of the members acting as the Lead Member
of the Bidding Consortium.
15
Member or Parent Company of the Lead Member while the Technical Eligibility
Criteria shall be fulfilled by consortium members. In case bidder is a
consortium, a Consortium Agreement as per the Format-10 shall be furnished
along with the bid.
3.2.1 Bidder can use the technical and/or financial strength of its Parent Company
or Affiliate to fulfil the Technical and/or Financial Eligibility criteria mentioned
below. Members of consortium can also use the credentials of the parent
company or Affiliate to fulfil the eligibility requirement.
3.2.3. In above case, Bidders shall submit an Undertaking from the Parent Company
as per Format- 9 and also furnish a certificate of relationship of Parent
Company or Affiliate with the Bidding Company as per Format-8. Company
Secretary Certificate towards shareholding pattern of the Parent Company
and the Bidding Company along with a Board resolution from the Parent
Company shall also be submitted.
3.3.1 GENERAL
(a) The Bidder should be either a body incorporated in India under the
Companies Act, 1956 or 2013 including any amendment thereto and engaged
in the business of Solar Power.
16
a. The Bidder should have installed & commissioned at least one Grid
connected Solar PV Power Project having a capacity of not less than 50 kW
which should have been commissioned at least six months prior to Techno-
Commercial Bid Opening date. The list of project commissioned at least 6
months prior to Techno-Commercial Bid Opening date, indicating whether
the project is grid connected, along with a copy of the Commissioning
certificate and Work order / Contract / Agreement/ from the Client/Owner
shall be submitted in support of Clause 3.3.2 (a) above.
(a) The Bidder should have an Annual Turnover or Net worth as indicated below.
i. The Annual turnover of Rupees 5.0 Crore per MW in any one of the last 3
financial years preceding the Bid Deadline subject to the condition that the
Bidder should at least have completed one financial year.
OR
ii. Net worth equal to or greater than the value calculated at rate of Rs. 3.00
Crore per MW of capacity offered by the Bidder in its Bid. The Computation of
Net worth shall be based on unconsolidated audited annual accounts of the
last financial year immediately preceding the Bid Deadline. Share premium
can be included in the Net-worth calculation in case of listed companies in
India only.
In case of more than one Price Bid submitted by the Bidder, the financial
eligibility criteria must be fulfilled by such Bidder for the sum total of the
capacities being offered by it in its Price Bid.
For eg. In case quoted Bid capacity is less than 2.5 MW, Annual Turnover/Net
worth requirements shall be on pro-rata basis.
17
Bidders shall furnish documentary evidence as per the Format -7, duly
certified by Authorized Signatory and the Statutory Auditor / Practising
Chartered Accountant of the Bidding Company in support of their financial
capability.
3.4.2 The aggregate equity share holding of the Successful Bidder in the issued
and paid up equity share capital of the Project Company shall not be less
than fifty one percent (51%) up to a period of two(2) years from the date of
commissioning of the entire Sanctioned Capacity of the Project Developer.
3.5.1. The information and/or documents shall be submitted by the Bidder as per
the formats specified in Section-IV & Section -V of this document.
3.5.4. In case the annual accounts for the latest financial year are not audited and
therefore the bidder cannot make it available, the applicant shall give
certificate to this effect from their directors. In such a case, the Applicant
shall provide the Audited Annual Reports for 3(Three) years preceding the
year or from the date of incorporation if less than 3 years for which the
Audited Annual Report is not being provided.
18
3.8. BID SUBMITTED BY A BIDDING COMPANY :
The Bidding Company should designate one person to represent the Bidding
Company in its dealings with SECI. The person should be authorized to
perform all tasks including, but not limited to providing information, responding
to enquires, signing of Bid etc. The Bidding Company should submit, along
with Bid, a Power of Attorney in original (as per Format-6), authorizing the
signatory of the Bid.
3.9.1. The SECI will not enter into any correspondence with the Bidders, except to
furnish clarifications on RFS Documents, if necessary. The Bidders may
seek clarifications or suggest amendments to RFS in writing, through a letter
or by fax (and also soft copy by e-mail) to reach SECI at the address, date
and time mentioned in Bid information sheet.
3.9.2. The Bidder(s) or their authorized representative(s) is /are invited to attend pre-
bid meeting(s), which will take place on date(s) as specified in Bid
information sheet, or any such other date as notified by SECI.
3.9.3. The purpose of the pre-bid meeting will be to clarify any issues regarding the
RFS including in particular, issues raised in writing and submitted by the
Bidders.
3.9.4. SECI is not under any obligation to entertain/ respond to suggestions made or
to incorporate modifications sought for.
3.10.1. At any time prior to the deadline for submission of Bids, the SECI may, for
any reason, whether at its own initiative or in response to a clarification
requested by a prospective Bidder, modify the RFS document by issuing
clarification(s) and/or amendment(s).
3.10.3. SECI will not bear any responsibility or liability arising out of non-receipt of
the information regarding Amendments in time or otherwise. Bidders must
check the website for any such amendment before submitting their Bid.
3.10.4. In case any amendment is notified after submission of the Bid (prior to the
opening of Techno-Commercial Bid. Bids received by SECI shall be
19
returned to the concerned Bidders on their request through registered post
or courier and it will be for the Bidders to submit fresh Bids as the date
notified by the SECI for the purpose.
3.10.5. All the notices related to this Bid which are required to be publicized shall
be uploaded on www.seci.gov.in.
3.11.1.1. The Bid in response to this RFS shall be submitted by the Bidders in the
manner provided in Clause 3.3 & Clause 3.11.1.1. The Bid shall comprise of
the following:
i. Covering Letter indicating the Capacity quoted for each State as per the
prescribed Format-1.
ii. Copy of PAN and TAN certificates of Bidding company.
iii. Cost of RFS document is Rs. 26,250/- inclusive of VAT
iv. Bid processing fee @ Rs. 56,180/- for each State calculated in the manner as
illustrated below:
For example No-1: In case Bidder is quoting for (3) States, then he shall
furnish Processing fee of Rs. 1,68,540/- (Rs. 56180/-
Per State x 3 States) irrespective of capacity of the
state. However, processing fee for which the bids are
being submitted by the bidder & cost of RFS
document may be consolidated and a single DD may
be furnished.
v. Bid Bond, as per the prescribed Format-3 shall be submitted separately for each
State for the offered capacity in a separate envelop as per Clause 3.15.
vi. Checklist for Bank Guarantee submission requirements as prescribed in Format-
5
vii. Bidder shall enclose the CD/DVD containing the excel format “Bidder Format
.xlsx” of Format 2, Format-A, Format-7 & Format-8 only. Name of the bidding
company along with RFS No. shall be superscribed on CD/DVD also. Bidder
shall download the excel sheet of above formats from the SECI website
www.seci.gov.in. If there is any difference in the information furnished in duly
signed hard copy of above formats and excel sheet then information containing
in hard copy of formats will be considered final. (Format will be uploaded on
SECI website shortly)
20
Note: All formats and relevant documents as required in the RFS
shall be spiral bounded and should be flagged separately.
iv. Document in support of meeting Eligibility Criteria as per Clause no. 3.3.
vii. Details for meeting Financial Eligibility Criteria as per Clause no. 3.3.3 in the
prescribed Format-7 along with documentary evidence for the same.
viii. If credentials of Parent company are being used by the Bidding company/lead
member of the bidding consortium than Format 8 shall be furnished.
ix. Undertakings from the Financially Evaluated Entity or its Parent Company
/Ultimate Parent Company as per Format-9.
xii. Signed and stamped Copy of RFS Documents including amendments &
clarifications by Authorised signatory on each page.
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(C) ENVELOPE III- PRICE BID(S) AS PER SECTION –IV (Format B & Format C)
The Bidder shall inter-alia take into account the following while preparing and
submitting the Price Bid duly signed by an authorized signatory.
i.) The Bidder shall submit sealed Price Bid(s) for each State separately in the
Format B & Format C. Each envelope shall be superscripted as “Price Bid for
….MW capacity for ……..State .All the Price Bids shall be put in Envelope-
III.Format B is applibale for the states indicated in Sr no 1 to 6 of table of
Clause 2.1.4 and Format C is applicable for the States other then indicated in
Sr no 1 to 6 of table of Clause 2.1.4.
The Bidder should submit the Bids so as to reach the address indicated
below by 1430 hrs (IST) on or before 14-05-2015
D.M (Contracts)
Solar Energy Corporation of India
D-3, A Wing, 1st Floor, Religare Building
District Centre, Saket, New Delhi-110017
3.13.1. The bid and the Price Schedule included shall remain valid for a period of
18 months from the date of techno-commercial bid opening, with bidder
having no right to withdraw, revoke or cancel his offer or unilaterally vary
the offer submitted or any terms thereof after the final deadline for
submission of Bid. In case of the bidder revoking or cancelling his offer or
varying any term & conditions in regard thereof or not accepting letter of
allocation, SECI shall forfeit the Bid Bond furnished by him. Confirmation
regarding the Bid offer validity shall be clearly mentioned in the covering
letter.
22
sealed separately. Envelope should contain the documents as detailed in
Clause 3.11.1.1 above.
3.13.3.2. In case the Bidder is offering capacity in more than one State, the Price
Bid for each State should be sealed in separated envelope and these
envelopes shall be placed in Envelope III (Price Bids Envelope).
3.13.3.3. All the three envelopes shall be kept in a outermost Envelope-IV. All the
envelopes should be superscribed as “Bid for Grid connected Roof
Top Solar PV Systems in warehouses in Selected States in India
(RWS Phase–I)” _____________Envelope-I (Covering envelope) /
Envelope-II (Techno-Commercial Bid) / Envelope-III ( Price Bids)
along with the “BID DUE DATE” - (Strikeout whichever is not
applicable)
3.13.4. The Bidders have the option of sending their Bid either by registered post;
or speed post; or courier; or by hand delivery, so as to reach SECI by the
Bid Deadline. Bids submitted by telex/telegram/fax/e-mail shall not be
considered under any circumstances. SECI shall not be responsible for
any delay in receipt of the Bid. Any Bid received after the Bid Deadline
shall be returned unopened. It should be noted that except Envelope III,
no other envelope shall contain any information/document relating to Price
Bid. SECI shall not be responsible for premature opening of the Price
Bids in case of non-compliance of above.
3.13.5. All pages of the Bid, except for the Bid Bond, and any other document
executed on non-judicial stamp paper, forming part of the Bid and
corrections in the Bid, if any, must be signed by the authorized signatory
on behalf of the Bidder. It is clarified that the same authorized signatory
shall sign all pages of the Bid. However, any published document
submitted with the Bid shall be signed by the authorized signatory at least
on the first and last page of such document Bidders shall submit the Bid in
original, duly signed by the their authorized signatory of the Bidder. No
change or supplemental information to a Bid will be accepted after the Bid
Deadline, unless the same is requested for by SECI.
3.13.7. All the envelopes shall be sealed properly & shall indicate the Name &
address of the Bidder. The Bid must be complete in all technical and
commercial respect and should contain requisite certificates, drawings,
23
informative literature etc. as required in the Bid document. Each page of
the Bid document should be signed & stamped. Bids with any type of
change or modification in any of the terms/ conditions of this document
shall be rejected. If necessary, additional papers may be attached by the
Bidder to furnish/ submit the required information. Any term / condition
proposed by the Bidder in his bid which is not in accordance with the
terms and conditions of the RFS document or any financial conditions,
payment terms, rebates etc. mentioned in Price Bid shall be considered
as a conditional Bid and will make the Bid invalid.
3.14.1. The bidder shall bear all the costs associated with the preparation and
submission of his offer, and the company will in no case be responsible or
liable for those costs, under any conditions. The Bidder shall not be entitled
to claim any costs, charges and expenses of and incidental to or incurred by
him through or in connection with his submission of bid even though SECI
may elect to modify / withdraw the invitation of Bid.
The Bidder shall furnish the Interest free Bid Bond @ Rs.20.00 Lakhs
(Rupees Twenty Lakhs only) per MWp in the form of Bank Guarantee (BG) /
Demand Draft drawn in favour of “Solar Energy Corporation of India”, payable
at New Delhi. The initial validity of Bid Bond shall be for a period of 18
months from the Bid Deadline, which shall be extended by the bidder as per
the bid validity.The Bid Bond of unsuccessful bidders shall be returned within
30 days from the date of issue of Letter of Allocation(s) to successful bidders.
Separate Bid Bond shall be furnished for each State.For a state, Bids
submitted with Bid Bond Amount less than that required for “50 % of the
tendered capacity for the State” shall not be considered.
The formula applicable to calculate the Bid Bond amount will be:
Example: Participating for 5MWp in Haryana State, the bidder has to submit
Bid Bond of Rs. 20.00 Lakh x 5 MWp = Rs. 1.Crore (Rupees One Crore
Only).
3.15.1. The Bid Bond shall be denominated in Indian Rupees and shall:
ii. be confirmed by the branch of the bank issuing the bank guarantee at New
Delhi.
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iii. be submitted in its original form; copies will not be accepted; and remain valid
for a minimum period of 12 months from the date of Techno Commercial bid
opening, or beyond any period of extension subsequently requested under
Clause 3.13.2.
3.15.2. the Successful Bidder shall sign and stamp the Allocation Letter and return
the duplicate copy of the same to SECI within 15 days from the date of its
issue.
3.15.3. The Bid Bond shall be forfeited without prejudice to the Bidder being liable for
any further consequential loss or damage incurred to SECI under following
circumstances:
b. Hundred percent (100%) of the Bid Bond amount, if the Successful Bidder
fails to unconditionally accept the Allocation letter within 30 days from the
date of its issue.
c. Hundred percent (100%) of the Bid Bond amount, if the Successful Bidder
fails to furnish the “Performance Security” as per the Clause 3.16.
3.16.1. Within 30 days from the date of issue of Allocation letter, Successful Bidder
shall furnish the Performance Security calculated in the same manner as Bid
Bond amount for the allocated capacity only. PBG shall be submitted
separately for each State.
PBG amount for allocation in a State = (Rs. 20.00 Lakh) X Allocated Capacity
in MWp in a State
Example: Allocating for 5MWp in State Haryana, the bidder has to submit
PBG of Rs. 20.00 Lakh X 5 = Rs. 1 Crore(Rupees One Crore
Only).
3.16.2. The Performance Security shall be denominated in Indian Rupees and shall
be in one of the following forms:
b. be confirmed by the branch of the bank issuing the bank guarantee at New
Delhi.
25
3.16.3. The PBG shall be forfeited as follows without prejudice to the Bidder being
liable for any further consequential loss or damage incurred to SECI.
a. If the Successful Bidder is not able to identify the projects and submit
Project Sanction Documents for the allocated capacity to the satisfaction
of SECI, PBG amount, pro-rata to the capacity for which the Successful
Bidder is not able to identify the Projects and submit Project Sanction
Documents.
b. If the Successful Bidder is not able to commission the projects for the
allocated capacity to the satisfaction of SECI, PBG amount, pro-rata to the
capacity not commissioned by the Successful Bidder. However, Hundred
percent (100%) PBG amount furnished for the Sanctioned Capacity for
the SECI identified locations, if the Successful Bidder fails to Commission
the Projects(s) to the satisfaction of SECI.
Note: SECI Identified locations are those which are notified by SECI in
the RFS with firm capacity and location only or for which
letter/email has been issued by SECI to the Successful bidder.
d. If SECI service charges as per clause 3.23 is not paid with in 30 days of
issue of sanction letter than PBG is liable to be forfeited.
3.16.4. The Performance Security shall be valid for a minimum period of 36 months
from the date of issue of Allocation letter(s) and shall be renewed / extended
till the completion of entire obligation of bidder under the contract.
3.16.5. Performance security shall be released after Twenty Five years of successful
completion of operation & maintenance of the plant from the commissioning
date.
3.17.1. Envelope-I of the Bidders shall be opened at 1500 hours on Bid Deadline
date at SECI office, in the presence of one representative from each of the
Bidders who wish to be present.
3.17.2. Name of the Bidder, capacity offered for each State shall be read out to all
the Bidders at the time of opening of Envelope-I and / or Envelope-II.
3.18.1. This RFS may be withdrawn or cancelled by the SECI at any time without
assigning any reasons thereof. The SECI further reserves the right, at its
complete discretion, to reject any or all of the Bids without assigning any
reasons whatsoever and without incurring any liability on any account.
26
3.18.1.1. The SECI reserve the right to interpret the Bid submitted by the Bidder in
accordance with the provisions of the RFS and make its own judgment
regarding the interpretation of the same. In this regard the SECI shall have
no liability towards any Bidder and no Bidder shall have any recourse to the
SECI with respect to the selection process. SECI shall evaluate the Bids
using the evaluation process specified in Section -I, at its sole discretion.
SECI decision in this regard shall be final and binding on the Bidders.
3.18.1.2. SECI reserves its right to vary, modify, revise, amend or change any of
the terms and conditions of the Bid before submission. The decision
regarding acceptance or rejection of bid by SECI will be final.
3.20.2. The Bidder shall be deemed to have examined the bid document including
the agreement/contract, to have obtained information on all matters
whatsoever that might affect to execute the project activity and to have
satisfied himself as to the adequacy of his bid. The bidder shall be deemed
to have known the scope, nature and magnitude of the supplies and the
requirements of material and labour involved etc. and as to all supplies he
has to complete in accordance with the Bid document.
3.20.3. Bidder is advised to submit the bid on the basis of conditions stipulated in
the Bid Document. Bidder’s standard terms and conditions if any will not be
considered. The cancellation / alteration / amendment / modification in Bid
documents shall not be accepted by SECI.
3.20.4. Bid not submitted as per the instructions to bidders is liable to be rejected.
Bid shall confirm in all respects with requirements and conditions referred in
this bid document.
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B. CONDITIONS OF CONTRACT
3.21.1. The scope of work for the bidder include Identification of warehouses, entering
into the roof rent/lease agreement for 25 years with the rooftop owner,
entering into the Power Purchase agreement (PPA) for 25 years with concern
Distribution Company (DISCOM) at fixed tariff of Rs. 5.5 / kWh for the state,
complete design, engineering, manufacture, supply, storage, civil work,
erection, testing & commissioning of the grid connected rooftop warehouse
solar PV project within 12 months from the date of issue of LoA and including
insurance, warrenty and operation and maintenance (O&M) of the project for
25 years after commissioning.
3.22.2. The quoted subsidy amount shall remain firm and fixed and shall be binding
on the Successful Bidder till completion of 8 years of operation thereafter
SECI shall not pay any subsidy amount to successful bidder.However, the
tariff will be paid by the concern DISCOMS to the bidder for a minimum period
of 25 years as per the mutually agreed terms and conditons of PPA. The
successful bidder will sign the rent agreement for 25 years with the rooftop
owners at a fixed tariff of Rs 0.5/kWh.The terms and conditions(other then the
conditions mentioned in the RFS document) of the PPA and rent agreement
shall be mutually decided by the Successful bidder and the other concerned
party.
3.22.3. No escalation will be granted on any reason whatsoever. The bidder shall not
be entitled to claim any additional charges, even though it may be necessary
to extend the completion period for any reasons. The Tariff of Rs. 5.5/kWh
shall be inclusive of all duties and taxes, insurance etc .This fixed tariff shall
be complete in all respect and no price variation /adjustment on any account
shall be allowed.
3.22.4. The operation & maintenance of Solar Photovoltaic Power Plant would include
wear, tear, overhauling, machine breakdown, insurance, and replacement of
defective modules, invertors / Power Conditioning Unit (PCU), repowering,
spares, consumables & other parts for 25 years.
28
3.22.5. The quoted subsidy on per kWh shall be specified on sanction letter of
successful bidder for each state.The tariff and subsidy shall be in accordance
with all terms, conditions, specifications and other conditions of the Contract
as accepted by the SECI and incorporated into the sanction letter.
3.22.6. The Bidder shall complete the Price Bid in(Format-B) for each State (Section-
IV) furnished in the RFS Documents.
For example: if the successful bidder has sanctioned 1 MWp in AP then the
SECI service charges shall be
SECI Service charges (in Crores)= 3%X 0.70X 9 Crores X 1MWp (Sanctioned
capacity)
3.23.2. SECI service charges are for site visits, inspection; liaison, monitoring etc.
Taxes and duties shall be paid extra. SECI service charges are non-
refundable and for each project the service charges has to be paid within 15
days from date of issuance of Sanction letter by SECI. Further, any delay
beyond 15 days shall attract interest @ 1.25 % per month of the amount not
paid, calculated on day to day basis till the full payment including interest is
paid. SECI has the right to recover / adjust any unpaid SECI service charges
including interest from the 1st instalment of subsidy due to the Successful
Bidder. SECI at its sole discretion may cancel the Sanctioned capacity and
forfeit 100% of Performance Security in case SECI service charges are not
paid within 30 days of issue of Sanction Letter.SECI reserves the right to
waive the interest for delayed submission on merit of the case basis.
3.24. INSURANCE
3.24.1. The Bidder shall be responsible and take an Insurance Policy for transit-cum-
storage-cum-erection for all the materials to cover all risks and liabilities for
supply of materials on site basis, storage of materials at site, erection, testing
and commissioning. The bidder shall also take appropriate insurance during
Operation & Maintenance period.
3.25. The Bidder shall also take insurance for Third Party Liability covering loss of
human life, engineers and workmen and also covering the risks of damage
to the third party/material/equipment/properties during execution of the
Contract. Before commencement of the work, the Bidder will ensure that all
its employees and representatives are covered by suitable insurance against
any damage, loss, injury or death arising out of the execution of the work or
29
in carrying out the Contract. Liquidation, Death, Bankruptcy etc., shall be the
responsibility of bidder.
3.26.1. The Bidder shall warrant that the goods supplied under this contract are new,
unused, of the most recent or latest technology and incorporate all recent
improvements in design and materials. The bidder shall provide system
warrantee covering the rectification of any and all defects in the design of
equipment, materials and workmanship including spare parts for a period of
25 years from the date of commissioning.
3.27.2. The specifications of the components should meet the technical specifications
mentioned in Section III.
3.27.3. Any supplies which have not been specifically mentioned in this Contract but
which are necessary for the design, engineering, manufacture, supply &
performance or completeness of the project shall be provided by the Bidder
without any extra cost/subsidy and within the time schedule for efficient and
smooth operation and maintenance of the SPV plant.
Metering and grid connectivity of the roof top solar PV system in warehouse
will be done at the nearest interconnection point of the DISCOM (11 kV or 33
kV substation) under this scheme. However,Bidder shall follow the prevailing
guidelines of the concerned DISCOM and / or CEA (if available by the time of
30
implementation). SECI/SNA could facilitate connectivity; however the entire
responsibility lies with Successful bidder only.
31
3.34. APPLICABLE LAW
The Contract shall be interpreted in accordance with the laws of the Union of
India.
3.35.1. If any dispute of any kind whatsoever arises between SECI and Successful
bidder in connection with or arising out of the contract including without
prejudice to the generality of the foregoing, any question regarding the
existence, validity or termination, the parties shall seek to resolve any such
dispute or difference by mutual consent. .
3.35.2. If the parties fail to resolve, such a dispute or difference by mutual consent,
within 45 days of its arising, then the dispute shall be referred by either
party by giving notice to the other party in writing of its intention to refer to
arbitration as hereafter provided regarding matter under dispute. No
arbitration proceedings will commence unless such notice is given. Any
dispute in respect of which a notice of intention to commence arbitration
has been given in accordance with Sub Clause 3.35.2, shall be finally
settled by arbitration.
3.35.4.1. In all other cases, any dispute submitted by a party to arbitration shall be
heard by an arbitration panel composed of three arbitrators, in accordance
with the provisions set forth below.
32
3.35.4.2. The SECI and the Contractor shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the two arbitrators do not succeed in appointing a third
arbitrator within Thirty (30) days after the later of the two arbitrators has
been appointed, the third arbitrator shall, at the request of either party, be
appointed by the Appointing Authority for third arbitrator which shall be the
President, Institution of Engineers.
3.35.4.3. If one party fails to appoint its arbitrator within thirty (30) days after the
other party has named its arbitrator, the party which has named an
arbitrator may request the Appointing Authority to appoint the second
arbitrator.
3.35.4.4. If for any reason an arbitrator is unable to perform its function, the
mandate of the Arbitrator shall terminate in accordance with the provisions
of applicable laws as mentioned in Clause 3.34 (Applicable Law) and a
substitute shall be appointed in the same manner as the original arbitrator.
3.35.4.6. The decision of a majority of the arbitrators (or of the third arbitrator
chairing the arbitration panel, if there is no such majority) shall be final and
binding and shall be enforceable in any court of competent jurisdiction as
decree of the court. The parties thereby waive any objections to or claims
of immunity from such enforcement.
3.35.5. Notwithstanding any reference to the arbitration herein, the parties shall
continue to perform their respective obligations under the agreement unless
they otherwise agree.
3.35.6. Cost of arbitration shall be equally shared between the Successful bidder or
Contractor and SECI.
3.36.2. For purpose of this clause, "Force Majeure" means an event beyond
the control of the contractor and not involving the contractor's fault or
negligence and not foreseeable, either in its sovereign or contractual
capacity. Such events may include but are not restricted to Acts of
God, wars or revolutions, fires, floods, epidemics, quarantine
restrictions and fright embargoes etc. Whether a “Force majeure”
33
situation exists or not, shall be decided by SECI and its decision shall
be final and binding on the contractor and all other concerned.
3.36.3. In the event that the contractor is not able to perform his obligations
under this contract on account of force majeure, he will be relieved of
his obligations during the force majeure period. In the event that such
force majeure extends beyond six months, SECI has the right to
terminate the contract in which case, the security deposit shall be
refunded to him.
3.36.4. If a force majeure situation arises, the contractor shall notify SECI in
writing promptly, not later than 14 days from the date such situation
arises. The contractor shall notify SECI not later than 3 days of
cessation of force majeure conditions. After examining the cases,
SECI shall decide and grant suitable additional time for the completion
of the work, if required.
3.37. LANGUAGE
3.38.1. The Successful bidder shall not transfer, assign or sublet the work
under this contract or any substantial part thereof to any other party
without the prior consent of SECI in writing.
3.38.2. The Successful bidder shall not display the photographs of the work
and not take advantage through publicity of the work without written
permission of SECI and owner of the Rooftop.
3.38.3. The Successful bidder shall not make any other use of any of the
documents or information of this contract, except for the purposes of
performing the contract.
34
3.38.5. SEVERABILITY:
3.38.6. COUNTERPARTS:
3.38.7. RIGHTS & REMEDIES UNDER THE CONTRACT ONLY FOR THE
PARTIES:
This contract is not intended & shall not be construed to confer on any
person other than the SECI & Successful bidder hereto, any rights and / or
remedies herein.
3.38.9. CORRESPONDENCE
Bidder requiring any clarification of the bid documents may contact in writing
or by e Mail as per table below:
Sl. Contact
Name Email id
No Number
i. Sh.Rajesh Jain 011-71989211 agmsolar@seci.gov.in
ii. Ms. Anita Agrawal 011-71989226 anitaag@seci.gov.in
iii. Sh. Avnish Parashar 011-71989238 contracts@seci.gov.in
iv. Sh. T Ramraj 011-71989232
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SECTION-II
4. EVALUATION CRITERIA AND SUBSIDY DISBURSEMENT
a. Bids that are incomplete, i.e. not accompanied by any of the applicable
formats inter alia covering letter, power of attorney supported by a board
resolution, applicable undertakings, format for disclosure, valid Bid Bond, etc.;
b. Bid not signed by authorized signatory and /or stamped in the manner
indicated in this RFS;
h. More than one Bidding Company using the credentials of the same Parent
Company /Affiliate;
36
Each Bid shall be checked for compliance with the submission requirements set
forth in this RFS before the evaluation of Bidder’s fulfilment of Eligibility Criteria
is taken up. Clause 3.3 shall be used to check whether each Bidder meets the
stipulated requirement.
5. PRELIMINARY EXAMINATION
5.1. The SECI will examine the Bids to determine whether they are complete,
whether any computational errors have been made, whether required
sureties have been furnished, whether the documents have been properly
signed and stamped and whether the Bids are otherwise in order.
6.2.1. In the Price bids for the for each State shall be evaluated separately as
follows;
37
6.3. SUCCESSFUL BIDDER(S) SELECTION:
6.3.1.1. Bids qualifying in Clause 3.3 shall only be evaluated in this stage.
6.3.1.2. The subsidy requirement quoted in all Price Bids of Qualified Bidders shall
be ranked from the lowest to the highest for each State separately.
6.3.1.2.2. The Bidder with the lowest subsidy shall be declared as the Successful
Bidder for the state.
6.3.1.2.3. For all the states, lowest bidder will be declared as the successful
bidder. For further allocation, the L2 bidder will be asked to match the
subsidy quoted by the L1 bidder. In case the L2 bidder refuses to
match the L1 price then L3 bidder shall be offered to match L1 subsidy.
The process will continue till the next bidder matches the L1 subsidy.
The bidder who matches the L1 price will also be declared Successful
bidder for that state.
6.3.1.2.4. Similar process as per clause 6.3.2.3 will be adopted for all the States
separately.
6.3.1.2.5. All the qualified bidders of the State except the L1 bidder will be given 7
days from the date of notification of L1 price on SECI website to give
their consent to execute the work at L1 subsidy failing which it will be
assumed that they are not interested to match L1 price. If in case of
more than one such response is received expressing their consent to
match the L1 price and to execute the capacity in the State then the
preference shall be given in the ascending order of the bid quoted by
the bidder.ie first preference will be given to L2 then L3 and so on until
entire capacity is allocated.
6.3.2.1. Bids qualifying in Clause 3.3 shall only be evaluated in this stage.
6.3.2.2. The subsidy requirement quoted in all Price Bids of Qualified Bidders shall
be ranked from the lowest to the highest for all States other then
mentioned in table of Clause 2.1.4.
38
6.3.2.2.1. Based on the subsidy(Rs.__/kWh) amount quoted by the bidders,
SECI shall arrange the bids in the ascending order i.e. L1, L2, L3,L4, _
_ _ (L1 being the lowest State where Lowest bid is received
amongst all the states of 23MWp).
6.3.2.2.2. After selecting the L1 L2 L3… states, SECI shall SECI shall further
arrange the bids in the “L1 state” in the ascending order i.e. L1’, L2’,
L3’,L4’, _ _ _ (L1’ being the lowest Subsidy in “L1 state”). For all the
bidders of the L1 state, capacity shall be allocated as proposed by
them in the L1 state subject to matching of L1’ price of the State. L2’
bidder will be asked to match the subsidy quoted by the L1’ bidder of
the L1 state. In case the L2’ bidder refuses to match the L1’ price then
L3’ bidder shall be offered to match L1’ subsidy. The process will
continue till the next bidder matches the L1’ subsidy. The bidder who
matches the L1 price will also be declared Successful bidder for that
state.
6.3.2.2.3. If any capacity remains as per Clause 6.3.2.2.2, then L2 state bidders
shall be allocated capacity as per the methodology defined in Clause
6.3.2.2.2. The process will continue till entire capacity of 23MWp is
allocated.
6.3.2.2.4. All the qualified bidders of the State except the L1 bidder will be given 7
days from the date of notification of L1 price on SECI website to give
their consent to execute the work at L1 subsidy failing which it will be
assumed that they are not interested to match L1 price. If in case of
more than one such response is received expressing their consent to
match the L1 price and to execute the capacity in the State then the
preference shall be given in the ascending order of the bid quoted by
the bidder.ie first preference will be given to L2 then L3 and so on until
entire capacity is allocated.
6.3.4. Each Successful Bidder shall acknowledge the LOA and return duplicate
copy with signature & stamp of the authorized signatory of the Successful
Bidder to the SECI within Thirty (30) days of issue of LOA.
6.3.5. If it comes to notice of SECI at any stage that the Successful Bidder, to
whom the Letter of Allocation has been issued does not fulfil one or any of
the conditions specified in Bid document redering them ineligible, the
SECI reserves the right to annul/cancel the award of the Letter of
Allocation of such Successful Bidder and forfeit the PBG/Bid Bond.
39
6.3.6. The SECI at its own discretion, has the right to reject any or all the Bids
without assigning any reason whatsoever, at its sole discretion
6.4.1. SECI reserves the right to increase twenty five percent (25%) of the Bidder’s
Allocated Capacity at its sole discretion and at the request of the Bidder.
6.4.2. In case bidder has requested for reduction in Allocated capacity, then upto
25% reduction of allocated capacity can be accepted by SECI without
forfeiture of PBG at SECI sole discretion subject to the condition that bidder
has received atleast sanction of 75% of allocated capacity for that state.
6.4.3. In case capacity is modified by SECI as per Clause 6.4.1 above, Successful
bidder shall submit the equivalent amount of PBG to SECI within 30 days
from the date of issue of allocation letter /sanction letter.
6.5.1. SECI at its sole discretion may allow transfer of allocated capacity in full or
part. However, such transfer shall generally be allowed from one state to
another state as per Bidder request, if agreed by SECI.
6.5.2. Inter-state transfer of allocated capacity as per the request may be allowed,
subject to above clause 6.5.1 at the subsidy quoted by Successful bidder
of the transferor State or at the L1 price of the new State, whichever is
lower.
6.5.3. Transfer of capacity as per Clause 6.5.1 and Clause 6.5.2 shall be done
within the states indicated in table of Clause 2.1.3.
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6.6. NOTIFICATION TO SUCCESSFUL BIDDERS
6.6.1. The name of Successful Bidders shall be notified indicating the allocated
capacity and the L1- subsidy of the each state on SECI website
www.seci.gov.in and also shall be notified individually.
6.7.2. The Successful Bidders selected as described in Clause 6.3 above shall be
issued Letter of Allocation (LOA) indicating the allocated capacity & L1-
subsidy for the state etc.
6.7.3. The bidders who have been notified as Successful Bidders, shall be given 6
months from the date of issue of Letter of Allocation for identification of
warehouses.
6.7.3.1. Preference should be given to SECI identified warehouse roof first. In the
event of offer given by SECI to the Bidder to execute the project in the
SECI identified warehouse, the time for submission of project sanction
documents by the bidder to SECI will be 120 days from the date of issue of
allocation letter which can be extended depending upon the merit of the
case. Failure of non- compliance of same shall lead to forfeiture of PBG for
that State in proportion to the capacity allocated in the SECI identified
location.
6.7.3.2. Further, Successful Bidders can start submitting their Project sanction
documents as soon as they receive LOA from SECI. Project sanction
documents shall be submitted to SECI with minimum Project size of 500
kWp. If after 6 months, the successful bidder could not identify warehouse
(s) capacity up to the allocated capacity and submit Project sanction
documents, in such case PBG for unidentified allocated capacity may be
forfeited and the unidentified allocated capacity gets cancelled and bidder
including its affiliates/GROUP COMPANIES/ Parent / Ultimate parent
company may be debarred to participate in SECI’s future tenders for a
period as decided by the competent authority of SECI.SECI can however,
relax the condition of submission of project sanction submission
documents within 6 months time as mentioned above.
6.7.3.3. Successful bidders shall share the time and date stamped photographs of
the warehouses and location details with SECI before entering into any
41
legal agreement with the Owner of warehouse. This has to ensure that the
location identified by the Successful bidder is freshly identified and strictly
complying the norms provided in Clause 13.2 below.
6.7.4. For identification of projects, SECI or state nodal agency (SNA) may provide
help. However the entire responsibility of finding the warehouses and sign
PPA with concern DISCOMS lies with the Bidder only.
6.7.5. Onus of identifying the warehouses and sign PPA with concern DISCOMS
and completing the other documentation like finalizing the Project report and
entering into agreements with the warehouses owners and sign PPA lies with
the Successful Bidder within the above mentioned time frame even for the
warehouses identified by SECI for preferential installation.
6.7.6. After the Project Sanctioned Document have been submitted by the
Successful Bidder/ Project Developer and accepted by SECI”, SECI will
issue the Sanction Letter(s) for the Project (s) indicating the subsidy
amount(s) which will be disbursed in line with the provisions of the RFS
document.The Bidder shall complete the roofs identification,submission of
project sanction documents,design, engineering, manufacture, supply,
storage, civil work, erection, testing & commissioning of each project within
12months from the date of issue of Allocation Letter.
6.7.7. If the Bidder fails to commission the project within specified time, penalty on
per day basis calculated for the Performance Security on a 6 month’s period
would be levied. After 6 months, the project will get cancelled and the total
PBG would be forfeited. Please refer Clause 8 & 9 below for details.
6.8.1. SECI will provide total subsidy as quoted by the L1 Bidder in the Price Bid in
Rs./kWh for that state as calculated on 6 months basis for actual energy sold
(kWh) to concern DISCOMS.
For Example 1 : if the L1 quoted subsidy is Rs. 1.45/kWh and actual annual
energy sold to DISCOM is 1.4 million units/MW in the
state of TamilNadu for the sanctioned capacity of 5 MWp,
then total subsidy shall be calculated in the following
manner;
Total subsidy for the year:
= 1.4 million units/year/MW X Rs.1.45 / kWh X 5 MW
= 1.4 x 10^6 kWh/year/MW X Rs. 1.45 /kWh x 5 MW
= Rs. 101.5 Lakhs/year
This subsidy shall be available for 8 years. Every year the subsidy will be
calacuted on the actual annual energy sold to the concern DISCOM.
42
6.8.2. Total liability of SECI under this contract shall be limited to release of this
For Example 2 : If the L1 bidder quoted subsidy is Rs. 2/kWh (Maximum
Subsidy) and actual annual energy sold to DISCOM is 1.66
million units/MW (@more than 17% CUF) in the state of
TamilNadu for the sanctioned capacity of 5 MWp, then total
subsidy shall be calculated in the following manner;
Total subsidy for the year :
= 1.489 (@17% CUF) million units/year/MW X Rs. 2 / kWh X 5
MW
= 1.489 x 10^6 kWh/year/MW X Rs. 2 /kWh x 5 MW
= Rs. 148.92 Lakhs/year
This subsidy shall be available for 8 years. Every year the subsidy will be
calculated on the actual annual energy sold to the concern DISCOM.
total subsidy calculated as per 6.8.1 for a period of 8 years only with
capping of 29.5 lakhs/MW/year
a) Subsidy shall be released on half yearly basis upto the period of 8 years.
Eg. the first instalment shall be relased after 6 months from the date of
Commissioning of project.
d) SECI shall pay the subsidy calculated on 6 months basis without incurring
any liability for delayed payment. .
SECI shall only provide subsidy for actual energy sold to concern DISCOM
and certified by them. However, if there is any captive consumption in the
warehouses, the warehouse/rooftop owner will be paying for the energy
consumed to successful bidder on mutually agreed terms & conditions.
In any case, SECI shall neither interfere in their business affairs nor shall be
liable for extra claim by Successful Bidder or warehouse Owner.For the sake
of calculation of subsidy amount,year will be considered as 12 months period
w.e.f. from the date of commissioning.
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7. OTHER CONDITIONS
7.1. Bidder or owner of the building has to obtain all the necessary
approvals/Consents/Clearances required for Erection, Testing,
Commissioning and O&M of the project including Grid connectivity. SECI shall
not have any responsibility in this regard.
7.2. Bid bond ,Cost of RFS document & Processing fee submission:
Bid bond shall be submitted separately for each State for the offered capacity
in a separate envelop (along with Cost of RFS document and Processing fee)
superscripted with name of State for which Bid is being quoted & other details
.However, Processing fee,cost of RFS document for all the States for which
the bid and or application are being submitted may be consolidated and a
single DD may be furnished.
Price bids are invited inclusive of Taxes and duties. However, Tax exemptions
including certificates of any sort, if available may be dealt with the concerned
Dep’t of Govt. of India by the bidder. SECI in no case will be responsible for
providing any tax exemptions to the bidder.
7.4.1. Standalone system is not allowed under this scheme. The system should be
grid connected.
7.6.1. During grid failure, the SPV system stops generating. Any instances of grid
failure need to be mentioned in the monthly report and those instances need
to be certified by local DISCOM. Then the period will be excluded in
calculation of CUF.
7.7. Taxes and duties shall be paid extra by the bidder as applicable on the SECI
service charges and the bid processing fee.
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8. LIQUIDATED DAMAGES (PENALTY) FOR DELAY IN PROJECT
IMPLEMENTATION AND OPERATION
8.1. SECI will issue the sanction letter(s) for the Project (s) indicating the L1
subsidy in Rs. per kWh quoted/matched by successful bidder, which will be
disbursed in line with the provisions of the RFS document. The Bidder shall
complete the project identification (agreement with warehouse, PPA with
concern DISCOM), design, engineering, manufacture, supply, storage, civil
work, erection, testing & commissioning of each project within 12 months from
the date of issue of allocation letter.
8.1.1.If the bidder fails to commission the allocated capacity within 12 months
from date of issue of allocation letter, Penalty on per day basis
calculated for the Performance Security on a 6 months period would be
levied. After 6 months allocated capacity will get cancelled and the
PBG amount pro-rata to non-commissioned capacity would be forfeited.
Example: If a project of 500 kW is delayed by 36 days then the LD will be
levied as given below.
LD = ((Performance Security)/180 days)*delayed days
= (15, 00,000 /180)*36
= Rs.3, 00, 000.
8.1.2. During the first 8 years period of operation after commissioning date, if there
is any shortfall in minimum guaranteed generation as per clause 3.30 then
penalty will be applicable for the project and will be levied as per example
below:
45
For example: if “A” has submitted the project sanction documents within
7 months’ time to the satisfaction of SECI and in
exceptional circumstances it has been considered by
SECI and sanction letter has been issued in the 7th
month then total time left for project commissioning shall
be 5 months only.
9.2 For any additional capacity, bidder shall complete/commission the capacity
within 3 months from the date of issue of Allocation letter/Sanction letter.
This will include submission of project sanction documents to the
satisfaction of SECI.
9.3 The period of construction given in Time Schedule includes the time required
for mobilisation as well as testing, rectifications if any, retesting and
completion in all respects to the entire satisfaction of the Engineer-in-
Charge.
9.4 A joint programme of execution of the Work will be prepared by the
Engineer-in-Charge or its representative nominated for the purpose and
Successful bidders based on priority requirement of this project. This
programme will take into account the time of completion mentioned in clause
9.1 above and the time allowed for the priority Works by the Engineer-in-
Charge.
9.5 Monthly/Weekly implementation programme will; be drawn up by the
Engineer-in-Charge jointly with the Successful bidder, based on availability
of Work fronts as per Clause 9.4 above. Successful bidder shall scrupulously
adhere to these targets /programmes by deploying adequate personnel,
tools and tackles and he shall also ensure supply of all materials of his
scope of supply in good time to achieve the targets/programmes. In all
matters concerning the extent of targets set out in the weekly and monthly
programmes and the degree of achievements, the decision of the Engineer-
in-Charge will be final and binding.
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11. INSPECTION AND AUDIT BY THE GOVERNMENT
11.1. The Successful bidder shall permit the SECI or any agency nominated by
SECI to inspect the Successful bidder’s site, accounts and records relating to
the performance of the Contractor and to have them audited by auditors
appointed by the SECI, if so required by the SECI any time.
When the Successful bidder fulfils his obligation under the Contract, he shall
be eligible to apply for Completion Certificate. The Engineer-in-Charge shall
normally issue to the Successful bidder the Completion Certificate within one
month after receiving any application therefore from the Successful bidder
after verifying from the completion documents and satisfying himself that the
Work has been completed in accordance with and as set out in Contract
documents. The Successful bidder, after obtaining the Completion
Certificate, is eligible to avail the subsidy as per the Clause 6.9
For the purpose of Clause 12.1 above the following documents will be
deemed to form the completion documents:
a. Checklist for inspection of Roof top SPV power plants as per SECI format.
b. Project completion report from successful bidder as per SECI format.
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bidder under the contract or may be recovered by actions of law or
otherwise, if the Successful bidder fails to satisfy the SECI of such claims.
12.3.1. defines, for the purposes of this provision, the terms set forth as follows :
13.2. The Successful bidder must ensure that the ROOF TOP SOLAR PV SCHEME
IN WAREHOSES-(PHASE-I) subsidy is available for newly commissioned
projects i.e. for the projects whose construction/despatch of equipment’s have
been started only after the issue of sanction letter/allocation letter .Any roofs
on which projects has been installed or commissioned before the issue of
allocation letter/sanction letter shall be construed as fraudulent activity in
which case Successful bidder(s) may be debarred from participating in SECI’s
future tender for a period as decided by the Competent authority. However,
such locations may be used for installation of additional capacity with the prior
approval of competent authority.
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SECTION-III
TECHNICAL SPECIFICATIONS
14. DEFINITION
A Grid Tied Solar Rooftop Photo Voltaic (SPV) power plant consists of SPV
array, Module Mounting Structure, Power Conditioning Unit (PCU) consisting of
Maximum Power Point Tracker (MPPT), Inverter, and Controls & Protections,
interconnect cables and switches & evacuation mechanism. PV Array is
mounted on a suitable structure. Grid tied SPV system is without battery and
should be designed with necessary features to supplement the grid power
during day time. Components and parts used in the SPV power plants
including the PV modules, metallic structures, cables, junction box, switches,
PCUs etc., should conform to the BIS or IEC or international specifications,
wherever such specifications are available and applicable.
Solar PV system shall consist of following equipments/components.
Solar PV modules consisting of required number of crystalline PV
modules.
Grid interactive Power Conditioning Unit with Remote Monitoring System
Mounting structures
Junction Boxes.
Earthing and lightening protections.
IR/UV protected PVC Cables, pipes and accessories
Evacuation mechanism
14.1.3. Modules deployed must use a RF identification tag. The following information
must be mentioned in the RFID used on each modules (This can be inside or
outside the laminate, but must be able to withstand harsh environmental
conditions).
14.1.4. Warranties:
a) Material Warranty:
i. Material Warranty is defined as: The manufacturer should warrant the Solar
Module(s) to be free from the defects and/or failures specified below for a
period not less than five (05) years from the date of sale to the original
customer ("Customer")
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ii. Defects and/or failures due to manufacturing
iii. Defects and/or failures due to quality of materials
iv. Non conformity to specifications due to faulty manufacturing and/or inspection
processes.If the solar Module(s) fails to conform to this warranty, the
manufacturer will repair or replace the solar module(s), at the Owner‟s sole
option
b) Performance Warranty:
i. The predicted electrical degradation of power generated not exceeding 20%
of the minimum rated power over the 25 year period and not more than 10%
after ten years period of the full rated original output.
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16. JUNCTION BOXES (JBs)
a) AC Distribution Panel Board (DPB) shall control the AC power from PCU/
inverter, and should have necessary surge arrestors. Interconnection from
ACDB to mains at LT Bus bar while in grid tied mode.
b) All switches and the circuit breakers, connectors should conform to IEC
60947, part I, II and III/ IS60947 part I, II and III.
c) The changeover switches, cabling work should be undertaken by the bidder
as part of the project.
d) All the Panel’s shall be metal clad, totally enclosed, rigid, floor mounted, air -
insulated, cubical type suitable for operation on three phase / single phase,
415 or 230 volts, 50 Hz
e) The panels shall be designed for minimum expected ambient temperature of
45 degree Celsius, 80 percent humidity and dusty weather.
f) All indoor panels will have protection of IP54 or better. All outdoor panels will
have protection of IP65 or better.
g) Should conform to Indian Electricity Act and rules (till last amendment).
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h) All the 415 AC or 230 volts devices / equipment like bus support insulators,
circuit breakers, VTs etc., mounted inside the switchgear shall be suitable for
continuous operation and satisfactory performance under the following supply
conditions
a) The combined wattage of all inverters should not be less than rated
capacity of power plant under STC.
b) Maximum power point tracker shall be integrated in the PCU/inverter to
maximize energy drawn from the array.
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Inverter efficiency(minimum) : >93% ( In case of 5kW or above )
THD : < 3%
PF : > 0.9
a) Three phase PCU/ inverter shall be used with each power plant system.
b) PCU/inverter shall be capable of complete automatic operation including
wake-up, synchronization & shutdown.
c) The output of power factor of PCU inverter is suitable for all voltage ranges or
sink of reactive power, inverter should have internal protection arrangement
against any sustainable fault in feeder line and against the lightning on feeder.
d) Built-in meter and data logger to monitor plant performance through external
computer shall be provided.
e) The power conditioning units / inverters should comply with applicable IEC/
equivalent BIS standard for efficiency measurements and environmental tests
as per standard codes IEC 61683/IS 61683 and IEC 60068- 2(1,2,14,30)
/Equivalent BIS Std.
f) The charge controller/ MPPT units environmental testing should qualify IEC
60068-2(1, 2, 14, 30)/Equivalent BIS std. The junction boxes/ enclosures
should be IP 65(for outdoor)/ IP 54 (indoor) and as per IEC 529 specifications.
g) The PCU/ inverters should be tested from the MNRE approved test centres /
NABL /BIS /IEC accredited testing- calibration laboratories. In case of
imported power conditioning units, these should be IEC approved by
international test houses.
The output power from SPV would be fed to the inverters which converts DC
produced by SPV array to AC and feeds it into the main electricity grid after
synchronization. In case of grid failure, or low or high voltage, solar PV
system shall be out of synchronization and shall be disconnected from the
grid. Once the DG set comes into service PV system shall again be
synchronized with DG supply and load requirement would be met to the
extent of availability of power. 4 pole isolation of inverter output with respect to
the grid/ DG power connection need to be provided.
i. Data Acquisition System shall be provided for each of the solar PV plant.
ii. Data Logging Provision for plant control and monitoring, time and date
stamped system data logs for analysis with the high quality, suitable PC.
Metering and Instrumentation for display of systems parameters and status
indication to be provided.
iii. Solar Irradiance: An integrating Pyranometer (Class II or better, along with
calibration certificate) provided, with the sensor mounted in the plane of the
array. Readout integrated with data logging system.
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iv. Temperature: Temperature probes for recording the Solar panel temperature
and ambient temperature to be provided complete with readouts integrated
with the data logging system
v. The following parameters are accessible via the operating interface display in
real time separately for solar power plant:
a. AC Voltage.
b. AC Output current.
c. Output Power
d. Power factor.
e. DC Input Voltage.
f. DC Input Current.
g. Time Active.
h. Time disabled.
i. Time Idle.
j. Power produced
k. Protective function limits (Viz-AC Over voltage, AC Under voltage, Over
frequency, Under frequency ground fault, PV starting voltage, PV stopping
voltage.
vi. All major parameters available on the digital bus and logging facility for energy
auditing through the internal microprocessor and read on the digital front
panel at any time) and logging facility (the current values, previous values for
up to a month and the average values) should be made available for energy
auditing through the internal microprocessor and should be read on the digital
front panel.
vii. PV array energy production: Digital Energy Meters to log the actual value of
AC/ DC voltage, Current & Energy generated by the PV system provided.
Energy meter along with CT/PT should be of 0.5 accuracy class.
viii. Computerized DC String/Array monitoring and AC output monitoring shall be
provided as part of the inverter and/or string/array combiner box or separately.
ix. String and array DC Voltage, Current and Power, Inverter AC output voltage
and current (All 3 phases and lines), AC power (Active, Reactive and
Apparent), Power Factor and AC energy (All 3 phases and cumulative) and
frequency shall be monitored.
x. The time interval between two sets of data shall not be less than 15 minutes.
(For eg. A max. of 4 samples of data shall be recorded per hour).Data
Acquisition System shall have real time clock, internal reliable battery backup
(2 hours) and data storage capacity to record data round the clock for a period
of min. 1 year.
xi. Computerized AC energy monitoring shall be in addition to the digital AC
energy meter.
xii. The data shall be recorded in a common work sheet chronologically date
wise. The data file shall be MS Excel compatible. The data shall be
represented in both tabular and graphical form.
xiii. All instantaneous data shall be shown on the computer screen.
xiv. Software shall be provided for USB download and analysis of DC and AC
parametric data for individual plant.
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xv. Provision for Internet monitoring and download of data shall be also
incorporated.
xvi. Remote Server and Software for centralized Internet monitoring system shall
be also provided for download and analysis of cumulative data of all the plants
and the data of the solar radiation and environment monitoring system.
xvii. Solar Radiation and Environment Monitoring System
xviii. Computerized solar radiation and environment monitoring system shall be
installed on one of the buildings along with the solar PV power plant.
xix. The system shall consist of various sensors, signal conditioning, data
acquisition, LCD display and remote monitoring.
xx. Ambient temperature near PV array at the level of array plane shall be
monitored on continuous basis.
xxi. Simultaneous monitoring of DC and AC electrical voltage, current, power,
energy and other data of the plant for correlation with solar and
environment data shall be provided.
xxii. Solar radiation and environment monitoring system shall have real time clock,
internal reliable battery backup and data storage capacity to record data
round the clock for a period of min. 1 year.
xxiii. Remote Monitoring and data acquisition through Remote Monitoring System
software at the owner /SECI location with latest software/hardware
configuration and service connectivity for online / real time data
monitoring/control complete to be supplied and operation and
maintenance/control to be ensured by the supplier. Provision for interfacing
these data on SECI server and portal in future shall be kept.
c) The bidder must take safety clearance from concerned CEIG and submit
the same to SECI before commissioning of SPV plant.
POWER CONSUMPTION:
a) The generated power shall be exported to grid and the power will be sold
to the DISCOM at a fixed tariff of Rs. 5.5/kWh for a period of 25 years. A
portion of genterated power may also be used for captive consumtion, if
require.
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24. PROTECTIONS
The system should be provided with all necessary protections like earthing,
Lightning, and grid islanding as follows:
b) Earth resistance shall not be more than 5 ohms. It shall be ensured that all the
earthing points are bonded together to make them at the same potential.
a) In the event of a power failure on the electric grid, it is required that any
independent power-producing inverters attached to the grid turn off in a short
period of time. This prevents the DC-to-AC inverters from continuing to feed
power into small sections of the grid, known as “islands.” Powered islands
present a risk to workers who may expect the area to be unpowered, and they
may also damage grid-tied equipment. The Rooftop PV system shall be
equipped with islanding protection. In addition to disconnection from the grid
(due to islanding protection) disconnection due to under and over voltage
conditions shall also be provided.
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the utility personnel to carry out any maintenance. This switch shall be locked
by the utility personnel
25. CABLES
Cables of appropriate size to be used in the system shall have the following
characteristics:
26. CONNECTIVITY
The maximum capacity for interconnection with the grid at a specific voltage level
shall be as specified in the Distribution Code/Supply Code and amended from
time to time. The connectivity for power evacuation shall be strictly as per the
Guidelines of concerned SERC/DISCOM. Following criteria have been suggested
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for selection of voltage level in the distribution system for ready reference of the
solar suppliers (as per DERC).
a) Danger boards should be provided as and where necessary as per IE Act. /IE
rules as amended up to date. Three signages shall be provided one each at
battery –cum- control room, solar array area and main entry from
administrative block. Text of the signages may be finalized in consultation with
SECI/ owner.
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29. FIRE EXTINGUISHERS:
a) The firefighting system for the proposed power plant for fire protection
shall be consisting of:
b) Portable fire extinguishers in the control room for fire caused by electrical
short circuits
c) Sand buckets in the control room
d) The installation of Fire Extinguishers should confirm to TAC regulations
and BIS standards. The fire extinguishers shall be provided in the control
room housing PCUs as well as on the Roof or site where the PV arrays
have been installed.
a) The bidder should carry out Shadow Analysis at the site and accordingly
design strings & arrays layout considering optimal usage of space,
material and labor.
a) The Contractor shall maintain the following drawings Award/Intent and obtain
approval
b) General arrangement and dimensioned layout
c) Schematic drawing showing the requirement of SV panel, Power conditioning
Unit(s)/ inverter, Junction Boxes, AC and DC Distribution Boards, meters etc.
d) Structural drawing along with foundation details for the structure.
e) Itemized bill of material for complete SV plant covering all the components
and associated accessories.
f) Layout of solar Power Array
g) Shadow analysis of the roof
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33. SAFETY MEASURES:
The bidder shall take entire responsibility for electrical safety of the installation(s)
including connectivity with the grid and follow all the safety rules & regulations
applicable as per Electricity Act, 2003 and CEA guidelines etc.
34. DISPLAY
The bidder has to display a borad at the project site mentioning the
following:
i. Plant Name, Capacity, Location
ii. Financial Assistance from SECI/MNRE
35.2.The availability of transmission network and interfacing with the nearest sub-
station shall be in the scope of successful bidder, if such work is not included
in the scope of respective state agency / central agency.
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FORMAT-B
SECTION-IV
PRICE BID
(To be submitted in a separate envelope for each State ____
Date: ___________
Note:
a. The subsidy shall be calculated up to three decimal places.However in case of a tie it may be expanded to break the tie.
b. Format-Bis Applicable for the States mentioned in table of Clause 2.1.4 (Sr No 1 to Sr No 6)
Yours faithfully
SECTION-IV
PRICE BID
(To be submitted in a separate envelope )
Date: ___________
Note:
a. The subsidy shall be calculated up to three decimal places.However in case of a tie it may be expanded to break the tie.
b. Format-C is applicable for all proposed states other then the States mentioned in table of Clause 2.1.4 (Sr No 1 to Sr
No 6)
Yours faithfully
63
SECTION -V
Format-1
Covering Letter
(The covering letter should be on the Letter Head of the Bidding Company)
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Sub: Bid for “Implementation of large scale grid-connected roof top solar PV
projects in the warehouses in various States across the country RWS (Phase-I
)”
Dear Sir,
We, the undersigned….[insert name of the ‘Bidder’] having read, examined and
understood in detail the RFS Document for Implementation of Grid connected Roof
Top Solar PV System Scheme in warehouses (Phase-I ) in Selected States in India
hereby submit our Bid comprising of Price Bid and Techno Commercial Bid. We
confirm that neither we nor any of our Parent Company / Affiliate/Ultimate Parent
Company has submitted Bid other than this Bid directly or indirectly in response to
the aforesaid RFS.
We have bid for the following capacities in various States and have accordingly
submitted our Price Bids for the same
1
2
3
:
Sub Total
23MWp for the any other States other than mentioned above
3
:
Sub Total
TOTAL:
(SHALL NOT EXCEED 15 MWp)
4. Bid Bond
1.1 We have enclosed a Bid Bond of Rs……….(Insert Amount), in the form of bank
guarantee no………..(Insert number of the bank guarantee)
dated…………[Insert date of bank guarantee] as per Format ……from
…………..(Insert name of bank providing Bid Bond) and valid up to ………….in
terms of Clause ……of this RFS. The offered quantum of power by us
is……..kWp . (Insert total capacity offered).
(add details as per above for more than one Bid Bonds as applicable)
65
5. We have submitted our Price Bid(s) strictly as per Section IV of this RFS, without
any deviations, conditions and without mentioning any assumptions or notes for
the Price Bid in the said format(s).
7. Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision
made by Solar Energy Corporation of India in respect of any matter regarding or
arising out of the RFS shall be binding on us. We hereby expressly waive any
and all claims in respect of Bid process.
We confirm that there are no litigations or disputes against us, which materially
affect our ability to fulfil our obligations with regard to execution of projects of
capacity offered by us.
We confirm that we have studied the provisions of the relevant Indian laws and
regulations as required to enable us to submit this Bid and execute the RFS
Documents, in the event of our selection as Successful Bidder. We further
undertake and agree that all such factors as mentioned in RFS have been fully
examined and considered while submitting the Bid.
It is confirmed that our Bid is consistent with all the requirements of submission as
stated in the RFS and subsequent communications from Solar Energy Corporation of
India. The information submitted in our Bid is complete, strictly as per the
requirements stipulated in the RFS and is correct to the best of our knowledge and
understanding. We would be solely responsible for any errors or omissions in our
Bid. We confirm that all the terms and conditions of our Bid are valid for acceptance
for a period of 12 month from the Bid deadline. We confirm that we have not taken
any deviation so as to be deemed non-responsive.
Thanking you,
66
We remain,
Yours faithfully,
67
Format-2
With Seal
68
Format-A
Type and
Name of the Equity % of equity Extent of Voting
Number of
holder holding rights
shares owned
With Seal
69
Format-3
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant
to place of execution.)
Date:______________
This guarantee shall be valid and binding on this Bank up to and including
___________[insert date of validity in accordance with Clause 3.15 of this RfS] 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.
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The Guarantor Bank hereby agrees and acknowledges that the SECI shall have a
right to invoke this BANK GUARANTEE 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 SECI, made in any format, raised at the above
mentioned address of the Guarantor Bank, in order to make the said payment to
SECI.
The Guarantor Bank shall make payment hereunder on first demand without
restriction or conditions and notwithstanding any objection by ------------- [Insert name
of the Bidder] and/or any other person. The Guarantor Bank shall not require SECI to
justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have
any recourse against SECI in respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India
and the courts at Delhi shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established
in such form and with such content that it is fully enforceable in accordance with its
terms as against the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring 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 SECI 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 or to
enforce any security held by SECI or to exercise, levy or enforce any distress,
diligence or other process against the Bidder.
71
Signature ____________________
Name___________________
For
72
Format-4
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
place of execution.)
73
Our liability under this Guarantee is restricted to Rs. ___________ (Rs.
________________________ only).
The Guarantor Bank hereby agrees and acknowledges that SECI shall have a right
to invoke this BANK GUARANTEE 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 SECI, made in any format, raised at the above
mentioned address of the Guarantor Bank, in order to make the said payment to
SECI.
The Guarantor Bank shall make payment hereunder on first demand without
restriction or conditions and notwithstanding any objection by -------------[Insert name
of the Successful Bidder(SB)/ Project Company as applicable] and/or any other
person. The Guarantor Bank shall not require SECI to justify the invocation of this
BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against SECI
in respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India
and the courts at Delhi shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established
in such form and with such content that it is fully enforceable in accordance with its
terms as against the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring 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 SECI shall not be obliged before enforcing this BANK GUARANTEE to
take any action in any court or arbitral proceedings against the Successful
Bidder(SB) / Project Company , to make any claim against or any demand on the
Successful Bidder(SB)/ Project Company or to give any notice to the Successful
Bidder(SB)/ Project Company or to enforce any security held by SECI or to exercise,
levy or enforce any distress, diligence or other process against the Successful
Bidder(SB)/ Project Company .
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Signature ____________________
Name___________________
For
Witness:
1. …………………………………….
Signature
2. …………………………………..
Signature
Notes:
1. The Stamp Paper should be in the name of the Executing Bank and of
appropriate value.
75
Format-5
76
Format-6
POWER OF ATTORNEY
We hereby agree to ratify all acts, deeds and things done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our
aforesaid attorney shall be binding on us and shall always be deemed to have been
done by us.
All the terms used herein but not defined shall have the meaning ascribed to such
terms under the RFS.
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Signed by the within named
Mr. …………………………………………………
Accepted
………………………………………………..
Signature of Attorney
Attested
…………………………………………………
…………………………………………………
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Common seal of ……………………… has been affixed in my/our presence
pursuant to Board of Director’s Resolution dated…………….(Board of
Director’s Resolution is also enclosed)
WITNESS
1. …………………………………………………………..
(Signature)
Name…………………………………………………
Designation ………………………………………
2. ………………………………………………………….
(Signature)
Name…………………………………………………
Designation ………………………………………
Notes:
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 authorized by the executant(s)
in this regard.
The person authorized under this Power of Attorney, in the case of the Bidding
Company / Lead Member being a public company, or a private company which is a
subsidiary of a public company, in terms of the Companies Act, 1956, with a paid up
share capital of more than Rupees Five crores, should be the Managing Director /
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whole time director/manager appointed under section 269 of the Companies Act,
1956. In all other cases the person authorized should be a director duly authorized
by a board resolution duly passed by the Company.
Also, wherever required, the executant(s) should submit for verification the extract of
the chartered documents and documents such as a Board resolution / power of
attorney, in favour of the person executing this power of attorney for delegation of
power hereunder on behalf of the executant(s).
80
Format -7
Dear Sir,
Sub: Bid for Implementation of Grid connected Roof Top Solar PV System scheme in
ware houses selected States in India (Phase-I ) in response to the RFS No:
SECI/Cont./RWS /75 /2015 dated: 16-04-2015
1. We submit our Bid(s) for the total capacity of …MWp (Insert total offered
capacity in MWp and submit details of our Financial Eligibility Criteria as
follows:
Bid Details
Note: 1MWp=1000kWp
2. We certify that the Financially Evaluated Entity (ies) had an Annual Turnover
as follows:
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The maximum Annual turnover of Rupees …….Crore per MW in any one of the last
3 financial years preceding the Bid Deadline subject to the condition that the Bidder
should at least have completed one financial year .
OR
Net worth of Rs………Crore computed as per instructions provided in Clause 3.3.3.
(Strike Out whichever Is Not Applicable)
Yours faithfully
(Signature and stamp (on each page) of Authorized Signatory of Bidding Company.
Name: ………………………….
Date: ……………………………
Place: …………………………..
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(Signature and stamp (on each page) of Chartered Accountant/Statutory Auditors of
Bidding Company.
Name: …………………………..
Date: …………………………….
Place: ……………………………
Notes:
Audited consolidated annual accounts of the Bidder may also be used for the
purpose of financial criteria provided the Bidder has at least 26% equity in each
company whose accounts are merged in the audited consolidated accounts 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 the
purpose of evaluation of the Bid.
83
Format-8
To,
………………………….
Dear Sir,
Sub: Bid for Implementation of Grid connected Roof Top Solar PV System Scheme
in Warehouses in the selected States in India (RWS Phase-I ).
Name of the
Name of the Affiliate of Percentage of
Company
the Bidding Equity Holding of
Name of Bidding having common
Company/Applicant Parent Company in
Company/applicant control on the
company/ Name of the the Bidding
company Affiliate and the
Parent Company of the Company/
Bidding
Bidding Company Applicant company
Company
…………..
84
Format-9
(On the Letter Head of the Financially Evaluated Entity or its Parent
Company/Ultimate Parent Company)
Name:
Full Address:
Telephone No.:
E-mail address:
Fax/No.:
To,
……….
Dear Sir,
“We have carefully read and examined in detail the RFS, including in particular,
Clause ….of the RFS, regarding submission of an undertaking, as per the prescribed
Format ____of the RFS.
In view of the above, we hereby undertake to you and confirm that in the event of
failure of …………..(Insert name of the Bidding Company) to submit the Performance
Guarantee in full or in part at any stage, as specified in the RFS, we shall submit the
Performance Guarantee not submitted by ………………………(Insert name of the
Bidding Company)”.
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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 RFS.
WITNESS
…………………….
(Signature)
Name……………………………
Designation……………………..
…………………….
(Signature)
Name……………………………
Designation……………………..
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Format-10
CONSORTIUM AGREEMENT
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution)
and
WHEREAS, each Member individually shall be referred to as the “Member” and both
the Members shall be collectively referred to as the “Members” in this Agreement.
WHEREAS the RFS documents stipulates that the Lead Member may enter into a
Technical Consortium Agreement with another Company / Corporate entity to fulfill
the Technical Eligibility Criteria as stipulated in the RFS document. The Members of
the Bidding Consortium will have to submit a legally enforceable Consortium
Agreement in a format enclosed with the RFS document.
In consideration of the above premises and agreements all the Members in this
Consortium do hereby mutually agree as follows:
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Lead Member as defined in the RFS for self and agent for and on behalf of
Technical Member ______.
3. 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 of their respective obligations. Each 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.
9. The Lead Member is authorized and shall be fully responsible for the
accuracy and veracity of the representations and information submitted by the
Members respectively from time to time in the response to RFS.
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(a) Has been duly executed and delivered on behalf of each Member
hereto and constitutes the legal, valid, binding and enforceable
obligation of each such Member;
(b) Sets forth the entire understanding of the Members hereto with respect
to the subject matter hereof; and
-----------------------------------------
(signature, Name & Designation of the person authorized vide Board Resolution
Dated [●])
Witnesses:
Name: Name:
Address: Address:
-----------------------------------------
(signature, Name & Designation of the person authorized vide Board Resolution
Dated [●])
Witnesses:
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Annexure-A
2. Rent Agreement between the bidder and the warehouses owner(s) as per
RFS terms and conditions. (Notarised original agreement on stamp paper of
appropriate value should be enclosed).
Rent Agreement shall generally have reference to the SECI’s RFS No. and
Letter of Allocation, legal Rights to successful bidder for operate and maintain
the plant for 25 years, rent value, site access for the developer, and, site
access for SECI and DISCOMs officials for the entire plant life, as per the
RFS Document etc and provisions as per terms and conditions.
PPA shall generally have reference to the SECI’s RFS No. and Letter of
Allocation. In addition, it shall indicate the completion period, subsidy, fixed
tariff for 25 years, payment terms , Minimum CUF along with other conditions
of contract like insurance, warranty, Liquidated damages force majeure,
arbitration, jurisdiction, governing law, site access for the developer, certified
Joint meter reading by successful bidder and DISCOMS for every months for
release of subsidy on 6 months basis, obligation of the successful bidder
regarding providing of data to SECI as per the RFS Document etc.
List of Banks
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13. Punjab & Sind Bank 5. HDFC Bank Ltd.
92