MODEL RFS BID DOCUMENT

Important Dates

No.

BID NOTIFICATION.

05.12.2012

PRE BID MEETING.

14.12.2012

/
REQUEST FOR SELECTION DOCUMENT
FOR
GRID CONNECTED
SOLAR POWER PROJECTS

ISSUED BY
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED
VIDYUT SOUDHA HYDERABAD500082
Tele fax: 040 - 23393304,
Email - ce_ipc@rediffmail.com
W ebsite: www.aptransco.gov.in

December
2012

This RfS document along with Annexures as per Index is issued to

M/s
__________________________________
__________________________________
Kindly Note:
1. The RFS document is not transferable.
2. Though adequate care has been taken i n preparation of this document,
the bidder shall satisfy himself that the document is complete i n all
respects. A n y

discrepancy noticed in the document

shall be

intimated to this office immediately. If no intimation is received from

any bidder within ten days from the date of issue of the RFS document,
it would be construed that RFS document is complete in all respects and
is upto the satisfaction of the bidder.
3. APTRANSCO reserves the right to modify, amend or supplement or cancel
this RFS document, without any prior notice or without assigning any
reason.
4. While the RFS has been prepared in good faith, APTRANSCO s h a l l n o t
accept

any responsibility or liability, whatsoever, in respect of any

statements or omissions herein, or the accuracy, correctness, completeness

or reliability of information in the RFS document, and shall incur no
liability under any
accuracy,

law, statute,

rules or regulations as to the

reliability and completeness of this RFS document, even if

any loss or damage is caused by any act or omission on their part.

Contact Address
Chief Engineer(IPC)/APPCC; Room No. 401, A-Block,
Vidyut Soudha, HYDERABAD.
Telefax: (040) 23393304; Email: ce_ipc @rediffmail.com

List of Abbreviations
APERC
APPCC
APTRANSCO
BG
BIS
CDM
CEA
CERC
DD

AP Electricity Regulatory Commission

Andhra Pradesh Power coordination committee
Transmission Corporation of AP
Bank Guarantee
Bureau of Indian Standards
Clean Development Mechanism
Central Electri city Authority
Central Electri city Regulatory Commission
Demand Draft

DISCOM

Power Distribution
licensee

EMD
FF
GoI
GoAP
GP
HV
IEC
INR
KV
L.C.
LLC

Earnest Money Deposit

Fill Factor
Government of India
Government of AP
Gram Panchayat
High Voltage
International E lectro-technical Commission
Indian Rupees
Kilo Volt
Letter of Credit
Limited Liabili ty Company

LLP
LoI
MNRE
MU
MVAR
MW
NREDCAP
PBG
PPA

Limited Liabili ty Partnership

Letter of Intent
Ministry of New and Renewable Energy
Million Units
Mega Volt-Ampere Reactive
Mega W att
New
and
Renewable
Energy
development
Corporation of AP
Performance Bank Guarantee
Power Purchase Agreement

PV

Photo Voltaic

Company/Power

Distribution

RE
REC
RFID
RfS
ROC
RPPO
SBI
SCADA
SGC
SLDC
SPD
SPV

Renewable Energy
Renewable Energy certificate
Radio Frequency identification
Request for Selection
Registrar of Companies
Renewable Power Purchase Obligation
State Bank of India
Supervisory Control and Data Acquisition
State Grid Code
State Load Dispatch Centre
Selected Solar Power Developer
Special Purpose Vehicle

STU
USD
VAR

State Transmission Utility

United States Dollars
Volt-Ampere Reactive

Section 1

INTRODUCTION & BACKGROUND

Section 1

1.0

Introduction and Background

1.0.1

A Solar capacity of about 1000 MW is envisaged by floating this RfS

under competitive bidding route to setup Solar Power Projects in the
state at various locations to have distributed energy generation as per
the policy announced by GoAP vide G.O.Ms No.46, dated 27.11.2012.

1.0.2.

The main objective of this RfS is to evacuate the Solar power at any of
the 33/11 KV substations connected to identified 132/33 KV substations
or at EHT substation notified in the Annexure A with a capacity
limitation for easy and immediate evacuation of the solar power as
specified in Annexure-A. As such, the developer has the flexibility to
choose the project site among all the 33/11 KV substations /132 KV
Substations under the above mentioned substations.

1.0.3.

If capacity offered in the bid is more than the capacity mentioned in

the Annexure-A, at any identified location mentioned in the Annexure
A. The same will be limited to the capacity mentioned in the
Annexure-A.

1.1. The Andhra Pradesh State Electricity Regulatory Commission i s s u e d

Regulation No.1 of 2012,

mandating Rene wable Power Purchase

Obligation and its Compliance in accordance with Sections 61, 66 and

86(1)(e) & 181 of the Electricity Act, 2003, by the Distribution licensees,
Open Access Consumers, Captive Consumers in the State, to consume a
quantum of power not less than 5% of their consumption from RE sources.
The said Regulation also mandated to purchase a minimum of 0.25% Solar
Power out of the 5% RPPO specified from RE sources.

1.1.1 The Distribution Licensees were incorporated in the State of AP, under
the provisions of the Companies Act, 1956, with main objective of
performing Power Distribution functions in the State, in accordance with
A.P.Electricity Reform Act, 1998 b y procuring power from different
sources and supplying electric energy to the needy consumers in the
State.
1.2. The APTRANSCO has been recommended by GoAP to develop Bid
documents

for

bidding

for

Solar

Power

Projects,

2012

Vide

G.O.Ms.No.46,dated:27.11.2012 for inviting RFS requests from interested

Companies, and/or Bidding Consortium and or any Consortium member
thereof (Bidders) for selection of successful bidder(s) for setting up of
Solar Power Projects o f

c a p ac i t y upto 20 MW each through a

competitive bidding process as per Section-63 of the Electricity Act,2003.

The responsibility of the successful Bidder(s) is to supply power to the
procurer(s) as per terms & conditions of PPA which would be executed
and signed between procurer(s) and successful bidder(s), to be valid for a
period of 25 years.
1.3 However, the energy generated from Solar power plant set up under
this RfS, will not be eligible, in any way, for seeking Renewable Energy
certificates.
1.4

Total capacity of the project

The total capacity of the solar power projects envisaged under the
competitive bidding will be about 1000 MW at various specified locations
as mentioned in Annexure-A

1.5

Project site:
The Developer h a s to identify a n d a c q u i r e t h e s u i t a b l e land
r e q u i r e d for the project nearby the EHT/Distribution substations.
7

The developer shall be responsible for getting all statutory clearances

from the concerned departments.
1.5A

Technology:
The bidder is at liberty to choose solar PV/STP technology suitable for
setting up of solar power projects in the specified locations as mentioned
in Annexure -A.

1.6.

Scope of the project:

The main scope of the Project shall mean and inc lude,
a) Designing, constructing, erecting, testing and commissioning of the
solar power plant(s) including all necessary electrical equipments
for metering, transmission and evacuation of electricity to the
nearest 33KV or 132 KV grid substation and supply of Contracted
Capacity to distribution licensees.
b) Operation and m a i n t e n a n c e o f t h e aforesaid Solar Projects
i n c l u d i n g p o w e r e v a c u a t i o n l i n e s for a p e r i o d o f
25 years after commissioni ng of the project.
c) Performance and fulfillment of all other obligations of the
Developer as per this RfS and entering into a Power Purchase
Agreement and matters incidental thereto or necessary for the
performance of any or all of the obligations of the Developer.
d) Installation of all necessary protection devices to protect the
power plant a n d c o n n e c t e d l i n e s from lightning, sudden
surges in voltage and current and to ensure safety of the grid to
which the project is connected. The developer shall also ensure
protection of human lives and equipment likely to be endang ered
due to the installed solar power plant.

1.7

Issue of RFS:

The eligibility criteria for the qualification of Bidders for Bid submission
are indicated in this RfS.
1.8

The

RfS

can

be

downloaded

from

website

of

APTRANSCO

(www.aptransco.gov.in) from the date of issuance of notification and up

to the date of submission of Bids.
1.9

Receipt of Bid:
Hard copies 2 nos. of the bid must be submitted to the address as
indicated in Clause 2.0 on the date of bid submission as per schedule
time.

2.0

Address:
Chief Engineer/IPC/APPCC,
401/A, Vidyut Soudha,
Khairtabad, Hyderabad. Email: ce_ipc@rediffmail.com
Telefax: 040-23393304.

Section 2
Definitions

10

Section-2
2.

Definitions

Affiliate shall mean a Company that, directly or indirectly,

i)

controls, or

ii)

is controlled by, or

iii)

is under common control with, a Company developing a Project or a

Member in a Consortium developing the Project and control means
ownership by one Company of at least 26% (twenty six per cent) of the
voting rights of the other Company;

Bidder shall mean Bidding Company or a Bidding Consortium submitting the

Bid. Any reference to the Bidder includes Bidding Company/ Bidding Consortium
/ Consortium, Member of a Bidding Consortium including its successors,
executors and

permitted assignees and

Lead

Member of

the

Consortium jointly and severally, as the context may require.

Bidding

After the

selection of successful bidder, the successful bidder will be referred as

Developer.
Bidding

Company

shall

refer

to

such

single

company

that

has

submitted the response in accordance with the provisions of the RfS.

Bidding Consortium or Consortium shall refer to a group of companies that
has collectively submitted the response in accordance with the provisions of
this RfS.
Contract performance Bank Guarantee shall refer to the bank guarantee to
be produced by successful bidder to the concerned distribution licensees on the
difference of L1 price and Committee determined bench mark price (bench mark
price) to the tune of amount of rupees equivalent to the energy that would be
generated for 3 years at approved CUF (capacity utilization factor) from the

11

plant.
If deference of price is not less than 5%, CPBG is not required
Chartered Accountant shall mean a person practicing in India or a firm
whereof all the partners practicing in India as a Chartered Accountant(s) within
the meaning of the Chartered Accountants Act, 1949.
Commercial Date of Operation (COD) shall mean w i t h r e s p e c t t o e a c h
generating unit, the date on which such generating unit is
declared by the solar power producer to be operational, provided
that the solar power producer shall not declare a generating unit
to be operational until such generating unit has completed its
performance acceptance test as per standards prescribed.
Commissio ning shall mean testing and operationalization of the entire
capacity of solar power plant including all components and sub components
such as modules, inverters, turbines, generators, heat absorbing devices
like parabolic troughs, metering arrangement,

evacuation arrangement,

control equipment, safety and protection devices / equipment etc, and also
the

certificate from

officials of APTRANSCO/distribution licensees and

APTRANSCO besides producing latest statutory approvals from appropriate

authority.
Company shall mean a body corporate incorporated in India under the
Companies Act, 1956.
Controlling shareholding shall mean more than 50 % of the voting rights in
the company/ consortium.
Financial Closure or Project Financing Arrangements means arrangements
of necessary funds by the Project Developer either by way of commitments of
funds by the company from its internal resources and / or tie up of funds

12

through a bank / financial institution by way of sanction of a loan.

Group Company of a Company means (i) a Company which, directly or
indirectly, holds 10% (ten per cent) or more of the share capital of the
Company or (ii)

a Company in which the Company, directly or directly,

holds 10% (ten per cent) or more of the share capital of such Company or (iii)
a Company in which the Company, directly or indirectly, has the power to
direct or cause to be directed the management and policies of such Company
whether through the ownership of securities or agreement or any other
arrangement or otherwise or (iv) a Company which, directly or indirectly, has
the power to direct or cause to be directed the management and policies of
the Company whether through the ownership of securities or agreement or any
other

arrangement

or otherwise

or (v)

a Company

which

is under

common control with the Company, and control means ownership by one
Company of at least
10% (ten per cent) of the share capital of the other Company or power to
direct or cause to be directed

the management

and policies of such

Company whether through the ownership of securities or agreement or

any other arrangement or otherwise.
Provided that a financial institution, scheduled bank, foreign institutional
investor, non-banking financial Company, and any mutual fund shall not be
deemed to be Group Company, and its shareholding and the power to direct or
cause to be directed the management and policies of a Company shall not be
considered for the purposes of this definition unless it is Project Company
or a Member of the Consortium developing the Project.
Interconnection point/Metering point shall mean the point o r p o i n t s
where

the

project

and

the

licensees

grid

system

are

i n t e r c o n n e c t e d at APTRANSCO/DISCOM substation. The company

13

shall install main and check meters of static type of 0.2 class
a c c u r ac y

at

interconnection

point.

Besides

the

above,

the

developer shall install a separate standby meter of same accuracy

as that of main and check meters in C&R panel as per CEA metering
regulations, to account the energy in case of failure of main and
c h e c k meters.
Metering

arrangements

shall

be

done

in

accordance

with

APTRANSCO/DISCOMs procedures in vogue at the specified interconnection

point by providing specified meters approved by DISCOMs where the power
would be injected into the GRID .
L1 price shall mean the lowest quoted selling price in Indian Rupees per unit
(kWh) of electricity at the interconnection point. This will be compared with
L1 rates at any 33/11kv ss under other 132 kv SS and with the bench mark
price determined by the committee.
Lead Member of the Bidding Consortium or Lead Member There shall
be only one Lead Member, having the shareholding more than 50% in the
Bidding Consortium and cannot be changed till 1 year after the Commercial
Operation Date (COD) of the Project.
Letter

of

Intent

or

LoI

shall

mean

the

letter

issued

by

APTRANSCO/DISCOM to the Selected Bidder for awarding the Project.

Limited Liability Partnership of LLP shall mean a Company governed by
Limited Liability Partnership Act-2008.
LLC shall mean Limited Liability Company;
Member in a Bidding Consortium or Member shall mean each Company in
a Bidding Consortium. In case of a Technology Partner being a member in
the Consortium, it has to be Company.

14

Month shall mean o nly 30 days for all transactions under this RfS
Parent shall mean a Company, which holds at least 26% equity either directly
or indirectly in the Bidding Company or in a Member of a Consortium developing
the Project;
Performance security shall mean a bank guarantee (BG) issued by a bank
to guarantee timely and satisfactory completion of a project by a developer.
Procurer(s) shall mean the distribution licensees in the state concerned based
on geographic area of location.
Project shall mean the solar p o w e r p l a n t s e t u p w i t h ,
Solar PV/STP technologies.
Project Compapny shall mean the company incorporated by the bidder as
per the Indian Companies Act, 1956 in accordance with clause 3.5.
Scheduled COD shall mean the day following 6 months for Solar PV a n d 1 3
m o n t h s f o r S T P from the date of signing of PPA.
Selected Bidder or Successful Bidder shall mean the Bidder selected b y
A P T R A N S C O pursuant to this RfS to set up the Project and supply electrical
output as per the terms of PPA.
Solar PV Projec t shall mean the Solar Photo Voltaic Power Project that
uses sunlight for direct conversion into electricity through Photo Voltaic
Technology;
Solar Thermal Power Project shall mean the solar thermal project that uses
sunlight for direct conversion into electricity through concentrated solar
power technology based on either line focus or paint focus principle.
Tariff shall mean the lowest quoted price per kWh of energy delivered
from the proposed solar power plant to the grid by the successful bidder in
15

response to the RfS.

Technology Partner shall mean any entity from which the Bidder proposes to
take technology support. In case Technology Partner decides to participate in
equity commitment then it has to be a Comp any.
Ultimate Parent shall mean a Company, which owns at least twenty six per
cent (26%) paid up equity capital in the bidding company or member of
a bidding consortium either directly or indirectly in the Parent and
Affiliates.

16

Section 3

INFORMATION
AND
INSTRUCTIONS TO
BIDDERS

17

Section 3
3.

Information and Instruction to Bidders

3.1. Total capacity offered:

Selection of Solar power projects in Andhra Pradesh under competitive
bidding route for a capacity about 1,000 MW is as per the AP Solar State
Policy in accordance with G.O. Ms.No. 46, dated 27.11.2012.
Sl.No.
1
2
3

Interfacing/grid
substation
(interconnection point)
33/11 KV
132/33 KV
132/33 KV

Voltage level

Maximum capacity

33 KV
33 KV
132 KV

1-5 MW*
1-10 MW*
10-20 MW

*The above maximum capacity shall be limited to the capacities specified

in specific locations as per the Annexure-A. The total maximum
permissible capacity mentioned in the Annexure -A in each 132/33 KV
substation shall inclusive of 33/11 KV substations covered under
respective 132/33 KV substation. Bids of less than 1 MW capacity will not
be accepted.
Note: The capacity of the project in MW is the installed capacity of the
project/ rated power output (AC) from the solar power plant, which
can be scheduled at any point of injection to the grid during the
day time.
Further, the bidder has to visit the proposed solar power plants under
the 132KV substations mentioned in the Annexure and their connected
existing 33KV distribution substations and satisfy himsel before quoting
in the bid.
3.2

Obtaining RfS Document and Processing Fees

a ) RfS document is also available for downloading from the website
www.aptransco.gov.in.
b) Bidders are required to submit their RfS document along with a non-

18

refundable processing fee of Rs 2.00 lakhs in t h e f o r m

of

Demand Draft payable to Pay officer/APTRANSCO at Hyderabad. RfS

submitted without processing fee shall be liable for rejection
without any prior notice.
c) Bid security: EMD in the form of BG or DD as follows:
Rs. 2 lakhs/MW DD drawn in favour of Pay Officer/APTRANSCO or
BG in favour of Chief Engineer/IPC/APPCC/APTRANSCO. Validity
period 90 days from the date of bid submission and claim period of
one more month over and above validity period.
Insufficient/Part Bid security submitted by the bidders will be
rejected without any prior notice.
3.3

Proposal for Short-listing of Projects

Bidders shall submit response to Request for Selection (RfS) for
establishment of Solar power projects as per the terms & conditions
detailed herein.

3.4

Number of response to RfS by a Company

The company including its Parent, Affiliate or Ultimate Parent or any
group company, consortium will be allowed to submit only one RfS
upto capacity mentioned in Clause 3.1 per each location as mentioned
in Annexure-A. Alternate bids are prohibited in each location.

3.5

Qualification Requirements:
The bidder should be a company/firm/association registered/society
registered (Bidder) or a consortium of Companies (Bidding Consortium)
with one of the companies acting as the lead member of the bidding
c o n s o r t i u m . Short listing
meeting

of

the

bidders

the qualification requirements

will

be

based

on

specified for Net Worth,

technical criteria and connectivity with Grid as given below:

19

A.

Companies eligible for participation:

i)

Companies incorporated in India under the Companies Act 1956.

ii)

A foreign company can also participate individually or as a member of

consortium at RfS stage. But before signing of PPA, keeping the
original shareholding unchanged it has to be incorporated as Indian
Company registered under the Companies Act 1956.

iii)

Limited Liability Partnership (LLPs)/ Limited Liability Companies

(LLCs) are not eligible for participation.

B.

Financial Criteria

i)

Net w orth:
The net worth of the bidder should be equal to or greater than the
value calculated at the rate of Rs 1 Crore per MW . Computation of net
worth shall be based on unconsolidated audited annual accounts of the
company. The company would thus be required to submit annual
audited accounts comprising of audited balance sheet, Profit and
loss account, notes and cash flow statement for the FY 2011-12,
along with certificate duly stamped and signed from a Statutory
Auditor/Chartered Accountant to demonstrate eligibility criteria. In
case of a foreign company, the company needs to submit annual
account certificate from a chartered accountant or statutory auditor
for the immediate previous accounti ng year.

17

For companies which are newly incorporated, the Net W orth criteria
should be met on any date within seven days prior to the date of
submission of RfS document by the Project Developer. To demonstrate
fulfilment of the criteria, the Bidder shall submit a certificate from a

20

Chartered Accountant certifying the net worth on the date within

seven days prior to submission of RfS. Further, the project developer
shall submit the unaudited financial statements of the company for the
date on which the Certificate of Chartered Accountant has been
obtained.
Note:
For the qualification requirements, if data is provided by the bidder in
foreign currency, equivalent rupees of net worth will be calculated
using bills selling exchange rates(card rates) INR of State Bank of
India prevailing on the date of closing the accounts for the
respective financial year or the date as applicable to newly
incorporated companies as certified by the bidders banker, and
on the date for indicating the net worth as applicable as per the
provisions of the RfS.
Net Worth
=Paid-up Share C apital
Add: Free Reserves
Subtract: Revaluation Reserv es
Subtract: Intangible Assets
Subtract: Miscellaneous Expenditures to the extent not written off and
carry forward losses
Share premium will form an integral part of Net Worth provided it is
realized in cash or cash equivalents.
Paid-up Share Capital will include:
a) Paid-up equity share capital and
b)

Fully, compulsorily and mandatorily convertible Preference share s

and

c)

Fully, compulsorily and mandatorily convertible Debentures.

21

ii)

For

the

purpose

unconsolidated

of

meeting

financ ial

audited accounts shall

requirements,

only

be used. However, audited

consolidated annual accounts o f the bidder may be used for the

purpose of financial requirements provided, the bidder has at least
twenty six per cent (26%) equity in each company whose accounts
are merged in the audited consolidated account and provided further
that the financial capability of
accounts

are being

merged

such

companies

(of

which

in the consolidated account) shall not

be considered again for the purpose of evaluation of any bid.

iii)

Existing companies
The computation of net worth shall be based on unconsolidated
audited

annual accounts of the company. The bidder would be

required to submit annual audited accounts for the last four financial
years viz 2008-09, 2009-10 and 2010-11, 2011-12. If the period of
existence of the company is less than four years, then annual audited
accounts

should

be

submitted

starting

from

the

year

of

incorporation. In case of a foreign company, the same for calendar

years - 2008, 2009, 2010, 2011 or the accounting year as adopted
by the company and acceptable as per laws of the respective
Country

should

be submitted.

Directors, Association of Persons,

Net

worth

of i n d i v i d u a l s /

Partnerships Firms,

section 25

companies of the Companies Act, 1956 etc., shall not be considered

for computation of Net W orth of bidders.
In case of existing companies/ consortiums, the Net W orth criteria
shall be met as on day within seven days prior to the last date of
submission of response to RfS by the bidding Companies/ Consortium.
To demonstrate fulfilment of the criteria, the Bidder shall submit a

22

certificate from a Chartered Accountant certifying the availability of

Net W orth

on the date within Seven Days prior to submission of

response to RfS along with a certified copy of audited Balance Sheet,

Profit

and Loss

account,

Schedules and Cash

Flow

Statement

supported with Bank statements. All pages of the above financial

documents should be signed and stamped by the concerned Chartered
Accountant as token of their endorsement of the document as well as
certification.
Net

worth,

indicating

bank

statement

and

shareholding

pattern

controlling shareholding should be submitted as on any

date within 7 days prior to submission of the bid.

Newly Incorporated Companies
For a newly incorporated company/firm/association registered/society
registered (Bidder) relying solely on its credentials, where the annual
accounts have not been prepared, the Net W orth criteria should be
met on any day within seven days prior to the last date of submission
of

response

to RfS by the

bidding

company/consortium.

demonstrate fulfilment of the criteria, the Bidder

certificate

from

Chartered

availability of Net Worth

submission

Accountant

shall

submit

certifying

To
a
the

on any day within 7 Days prior to

of response to RfS along with a certified copy of

Balance Sheet, Profit and Loss account, Schedules and Cash Flow
Statement supported with Bank statements.
All pages of the above financial documents should be signed and
stamped by the concerned Chartered Accountant as token of their
endorsement of the document as well as certification.
iv)

If the response to RfS is submitted by a Consortium the financial

23

requirement shall be met individually and collectively by all Members

in the Bidding Consortium. The financial requirement to be met by
each member of the Consortium shall be computed to the equity
commitment made by each of them in the project company. For
computation of Net Worth of members methodology as provided
under Para (i) above shall be followed. Any Consortium, if selected,
shall, for the purpose of supply of power to distribution licensees of
that area, incorporate a project company with equity participation
by Members in line with consortium agre ement ( to be sub mitted along
with RfS) before signing the PPA with DISCOM i.e. the project
company incorporated shall have the same share holding pattern as
given at the time of RfS. This shall not change till the signing of PPA
and the controlling shareholding held by the lead member (holding
more than 50% of the voting rights and paid up share capital
inclusive of fully, compulsorily, mandatorily, convertible Preference
share/Debentures i n the Company/Consortium ) shall not change from
the date of submission of RfS up to one year after the COD of the
project. However, in case of any change in the shareholding of
the other shareholders (other than the controlling shareholder
includ ing lead member) after signing of PPA, the arrangement should
not change the status of the controlling sharehold er and the lead
member in the project company at least up to one year after the
COD of the project. Further, such change in shareholding would
be subject

to continued

fulfilment

of

the

financial

and

the

technical criteria, by the Project Company.

For

newly

incorporated

society registered (Bidder)

company/firm/association registered/
the

bidder

may

seek qualification on

the basis of financ ial capability of its parent, ultimate parent and /

24

or its affiliate (s) for the purpose of meeting the qualification

requirements.
Note:
i)

Whether or not financial resources of parents and/

or

affiliates(s) are relied upon to achieve the required Net

Worth, the required net Worth has to be infused in the
project Company before signing of PPA. The Bank statement
will also be required to be submitted before 7 days of
signing of PPA.
For

exhibiting

shareholding

pattern

indicating the

controlling shareholding a certificate from the Chartered

Accountant should be submitted as on any date w ithin 7 days
prior to the date of submission of the bid document.
ii)

It is not necessary to have the technology partner at RfS

stage. Further it is also not necessary for the technology
partner to have an equity stake in the bidding company/
consortium.

iii)

Net

worth,

bank

statement

and

shareholding

pattern

indicating controlling shareholding should be submitted as on

any date within 7 days prior to submission of the bid.
C)

Technical Criteria
The bidder shall deploy commercially established solar PV/STP
technology. The bidder is required to undertake to furnish evidence
of meeting the above eligibility criteria in line with the provisions of
clause

3.21 under the financial closure

or project financing

arrangement .The undertaking shall be as per enclosed Format

25

6.7.

Detailed technical parameters for the project are given at

Annexure 1.
D)

Connectivity with Grid Substation

(I)

The

plant

should

be

designed

for

interconnection with

the

distribution/ transmissi on network of DISCOM or APTRANSCO at voltage

level of 33 KV .In this regard the bidder shall submit Confirmation of
Connectivity i n format 6.8 along with the RfS. Letter from concerned
distribution licensees/ state transmission utility, confirming that the
utility will provide connectivity to the proposed solar power plant
should be submitted within seven days prior to signing of the PPA.
(II)

The responsibility of getting connectivity with the distribution/

transmission system will lie with the bidder/project

developer.

Transmission of power to the point of interconnection at substation

of

DISCOM/APTRANSCO where the metering

is done shall

be

the responsibility of the project developer at its own cost. The

installation of equipments for metering will be the responsibility of the
bidder as per CEA norms .
(III)

The interconnection line from project switchyard to the designated

substation has to be constructed and maintained by the project
developer at his cost. The entire cost of transmission including cost of
construction of lines, metering equipment, losses, supervision charges
etc., from the project up to the interconnection point shall be borne
by the project developer and shall not be reimbursed by licensees.
Right of way (RoW) for laying of the interconnection lines shall lie
with the bidder.

(IV)

The accounting of energy d e l i v e r e d b y the solar project at the

26

interconnection poi nt will be maintai ned by the APTRANSCO /SLDC/

DISCOM.
3.6

Short-listing of bidders
Only those responses to RfS which are received by due date and time
will be c o n s i d e r e d for evaluation. The responses will be evaluated
based on the qualification requirements and all those responses
meeting the qualification requirements shall be short liste d.

3.7

Selection p r o c e s s o f t h e bidders:
a)

Selection of eligible bidders will be based on least quoted

price per commercial unit of electricity.

b)

The bidders will be required to submit Financial Bid in format6.12 quoting their lowest minimum levellised tariff over a period
of 25 years to survive the plant for whole tenure of the
agreement.

c)

The developer shall submit a Contract Performance Bank

Guarantee (CPBG) to the concerned DISCOM before issuing LOI,
for the difference of amount between viable tariff determined
by the Committee constituted and the L1 tariff on the expected
energy from the project in a year. However CPGB is not required
if the tariff difference is below 5%.

d1.

In case a n y bidder does not communicate acceptance of the

LoI within 10 days from the date of issue of the LoI (excluding
the date of issue), then his EMD (Bid security) and CPBG will be
forfeited and b i d s w i l l b e f u r t h e r p r o c e s s e d .

d2.

If some of the bi dders do not agree for

L2,L3,L4Ln

whoever

agrees

will

be

L1 price,
called

for

27

acceptance and LoI will be further processed .

e)

In the eventuality of a tie in the bidding process in a particular

location, the applicant would be selected by draw of lot s.

3.8

Execution of Power Purchase Agreement

The PPA shall be executed between the selected bidder(s) and
distribution licensees after acceptance of LOI by the bidder.

Power

Purchase Agreement will be valid for tenure of 25 years from the date
of scheduled COD.

3.9

Purchase of Power
Variation of 10% either side () in the rated output for the first year
will be permissible. Besides, annual reduction of 1% in the rated
capacity of the power plant starting from second year onwards
will also be permissible.
Distribution licensees, at any time during a contract year shall not
be obliged to purchase any additional electricity from the developer
beyond the maximum energy generated considering the PLF of 20% for
Solar PV and 25% for STP allowing 1% reduction on plant capacity year
on year.

Penalty for shortfall in supply of electricity:

The shortfall in supply of electricity for any particular year will be calculated
as the positiv e difference between the minimum p r e d e t e r m i n e d l e v e l o f
e le c t r i c i t y g e n e r a t i o n and actual quantum of electricity generated during
the given year.
Minimum predetermined level may be taken as 80% of expected energy
generation in a year by the plant considering the approved CUF (capacity

28

utilization factor).
3.10 Submission of Respo nse to RfS by the Bidder
The response to RfS shall contain the following:
1.

Covering letter as per Format 6.1.

2.

In case of a Bidding Consortium, power of Attorney in favour of the

lead member issued by other Members of the Consorti um shall be
provided in original as per format 6.2. In the event of any Member of
the Bidding Consortium (other than Lead Member) is a foreign entity; it
may submit Board Resolutions in place of Power of Attorney for the
purpose of fulfilling the requirements under this Clause. Provided that
such Board Resolution shall

be supported

under

this

unqualified

opinion issued by the legal counsel of such foreign entity stating that
the Board Resolutions are in compliance with the applicable laws of
respective jurisdiction of the issuing Company and the authorizations
granted therein are true and v alid.
3.

Bidders are required to submit their RfS document along with a nonrefundable processing fee of Rs 2.00 lakhs in shape of Demand Draft
payable

to Pay Officer/APTRANSCO at Hyderabad. RfS submitted

without processing fee shall be liable for rejection without any prior
notice.
Bid security: EMD in the form of BG or DD as follows:
Rs. 2 lakhs/ MW DD drawn in favour of Pay Officer/APTRANSCO (or) BG
in fav our of Chief Engineer/IPC/APPCC/APTRANSCO. Validity period
90 days from the date of bid submission and claim period of one more
month over and above validity period.
Insufficient/Part Bid security submitted by the bidders will be
rejected without any prior notice.

29

4.

CPBG as mentioned in Annexure-A as per the format 6.13.

5.

Performance Guarantee to be submitted at the time of signing of PPA

in shape of Bank Guarantee as per Format 6.3.

6.

Board Resolutions, as per prescribed formats enclosed as Format 6.4

duly certified by the Company Secretary or the Director of the relevant
Bidder, as applicable to the Bidder and mentioned hereunder:
a.

Board resolution from the Bidding Company or the Lead Member

of the Consortium, as the case may be in favour of the person
signing the response to RfS:

b.

Board Resolution from the Bidding Company committing one

hundred

per cent (100%) of the equity requirement

Project

for the

/ Board Resolutions from each of the Consortium

Members together in aggregate committing to one hundred per

cent (100%) of equity requirement for the Project (in case of
Bidding Conso rtium); and
c.

Board Resolutions from Parent and

credentials

/ or Affiliate (whose

were used it the response to RfS), of the Bidding

Company / any Member of the Bidding Consortium, undertaking

to invest the entire amount as committed by Bidding Company /
Member of the Bidding Consortium, in event of failure of the
same to make such inv estment.
7.

8.

In case of a consortium, the Consortium agreement between the

members i n the Consortium as per Format 6.5 along with Board
resolution from each Member of the Consortium for participating in
consortium;
Format for financial Requirement as per Format 6.6 as applicable;

9.

A letter from the Bidder confirming connectivity of the Project as per

30

Format 6.8.
10.

A disclosure statement as per Format 6.9 regarding participation of

any related companies in this bidding process.

11.

Declaration by the Bidding Company / Lead Member of Bidding

Consortium for the Proposed Technology Tie Up as per Format 6.10.

12.

Checklist for Performance Bank Guarantee as per Appendix-A;

13.

Submission of Summary Data Sheet as per Format-6.11 print and soft

copy in CD submitted along with other Documents me ntioned in Section
6.

14.

Memorandum and Articles of Association (highlighting relevant provision

of Power / Energy/Renewable
Energy/
Solar
Power
Plant
development), Certificate
of Incorporation (if applicable) of Bidding
Company / all member companies of Bidding Consortium along with
shareholders rights and obligations as certified by Chartered Accountant.

15.

The bid quoting the lowest minimum levellised tariff over a period of 25
years is to be submitted as per Format 6.12 W herever information has
been sought in specified formats, the Bidders shall fill in the details as
per the prescribed formats and shall refrain from referring to any other
document for providing any information required in the prescribed
format.

3.11 The Bidder should note that:

a. The bidder may be short listed based on the declarations made by
it in relevant schedules of the RfS.
b. If the Bidder/ Member in a Bidding Consortium conceals or does not
submit any information, any document, bank guarantee, or any
material information or makes a wrong statement or misrepresents
facts or makes a misleading statement in its response to RfS, in
any manner whatsoever, the APTRANSCO reserves the right to
reject such response to RfS and/or cancel the Letter of Intent, if
issued and i n such event the Bank Guarantee provided up to the
stage shall be encashed.
c. If the event specified at (a) is discovered after the Effective Date

31

i.e. date of signi ng the PPA, consequences specified at (b) above

shall apply.
d. Response sub mitted by the Bidder shall become the property of
APTRANSCO who shall have no obligation to return the same to the
Bidder.
e. All pages of the response to RfS submitted must be signed and
stamped by the person authorised by the board as per Format 6.4,
on behalf of the Bidder as a token of unconditional acceptance of
all terms and conditions mentioned in the bid document.
f. The response to RfS shall be submitted as mentioned in clause
3.13. No change or supplemental information to a response to
RfS

will

be

accepted

after

the scheduled date and time of

submission of response to RfS. APTRANSCO reserves the right to

seek additional information

from Bidders,

if found necessary,

during the course of evaluation of the response to RfS.

g. All the information should be submitted in English language only.
h. All fees and charges should be deposited as specified for each under
this

RfS document only. No other mode of payment will be

accepted.
i. Bidder shall mention the name of the contact person and complete
address of the Bidder in the covering letter.
j. Response

to

substantially

RfS

that

are

incomplete,

which

do

not

meet the requirements prescribed in this RfS, will be

liable for rejection by APTRANSCO.

k. Response to RfS not submitted in the specified formats will be liable
for rejection by APTRANSCO.
l. Bidders not submitting any additional information or clarifications as
sought by APTRANSCO/Transmission/DISCOM on or before the dates
stipulated by the respective organizations will be liable for rejection
32

by APTRANSCO.
m. It is the responsibility of the bidder /successful bidder to comply
with all the criteria and terms and conditions of the Rfs, and for
which

APTRANSCO will

not

be responsible in any case. Non

submission and /or submissi on of incomplete data / i nformation

required under the provisions of RfS shall not be construed as waiv er
on the part of APTRANSCO of the obligation of the Bidder to furnish
the said date/information unless such waiver is given in writing.
n. If necessary, after issue of LoI or at any point of time APTRANSCO
reserves the right to seek additional information o r documents as
per the requirement of RfS.

Non submission of any relevant

information or relevant document or bank guarantee will lead to

rejection of the LoI even after issue of the same. Under any
circumstance non fulfillment of any criteria and any terms and
conditions under the RfS, APTRANSCO reserves the right to cancel
the LoI and such decision of APTRANSCO will be final and binding.
o. All the bidders are advised to visit the website of APTRANSCO before
submitting the Bid.
p. Only High Court of Andhra Pradesh shall have exclusive jurisdiction in
all matters pertaining to this RfS document.
3.12 Due Date
The bid submission and delivery of hard copies of bids as per the
notification.
3.13 Method of Submission
The bidder shall submit the RfS in the e-procurement platform as per the
bid notification.
Note:

33

1.

All papers that comprise the bid document of the concerned

bidder must be numbered at the top right hand corner of
each page, properly stitched and hard bound.

At

the

beginning an index of each page should also be provided.

2.

The bid documents as per above h a v e t o s u b m i t t o

Chief

Engineer/IPC,

Room

No.401,

Block,

Vidyut Soudha, Hyderabad as per the scheduled

date and time in notification.
3.14 Validity of the Response to RfS
The Bidder shall submit the response to RfS which shall remain valid
as per RfS.
After the EMD is returned to unsuccessful bidders, in case the
successful bidder is not able to undertake commissioning

of the

project, and in case the LoI is cancelled by APTRANSCO, then other

bidders may be asked to undertake installation and commissioning of
the project.

Such offers will be given to other bidders at L1

price/tariff based on their position with respect to their quoted

tariff. The bidder who has quoted the next least tariff will be invited
first and he will be required to deposit EMD and fulfill all the
requirements of the RfS document. The decision of APTRANSCO will be
final in this matter.
3.15 Preparation Cost
The Bidder shall be responsible for all costs associated with the
preparation of the response to RfS and participation in discussions
and attending pre -bid meeting(s), etc. APTRANSCO shall not be
responsible in any way for such costs, regardless of the conduct or

34

outcome of the bid process.

3.16 Enquiries/Clarifications
(i) Pre Bid meeting
Pre bid meeting will be arranged at Vidyut Soudha at Scheduled date
will be intimated to the prospective bidders and details can be obtained
in APTRANSCO website (www.aptransco.gov.in). And the bidders can
address their queries to ce_ipc@rediffmail.com before Pre-bid meeting.
And contact numbers are
9440907269
9490156633
9490156625
3.17 Right of APTRANSCO to reject
APTRANSCO reserves the right to reject all or any of the response to
RfS or cancel the RfS without assigning any reasons whatsoever and
without any liability.
3.18 Bank Guarantees and Earnest Money
The Bidder shall provide the following Bank Guarantees and Demand
Drafts from any of the Banks listed at Annexure 2 to APTRANSCO as
detailed hereunder:
Bid security: EMD in the form of BG or DD as follows:
Rs. 2 lakhs/MW DD drawn in favour of Pay Officer/APTRANSCO (or) BG
in favour of Chief Engineer/IPC/APPCC/APTRANSCO. Validity period
90 days from the date of bid submission and claim period of one more
month over and above validity period.
Insufficient/Part Bid security submitted by the bidders will be
rejected without any prior notice.
Performance Bank

Guarantee

as indicated at Annexure

-B

to

APTRANSCO before signing of PPA as per Format 6.3 valid for a

35

period of 22 months from the date of submission.

Bank Guarantees issued by foreign banks outside India from bank
list given in Anne xure 2 is to be endorsed by the Indian Branch of
the same bank or State Bank of India.
Bank Guarantee would be required to be submitted in the form of
Performance Bank Guarantee (PBG) at the time of signing of PPA and
the Total Performance guarantee as indicated at Annexure -B shall be
submitted in three Numbers of Bank Guarantee in the amounts of Rs.
2, 3 and 5 lakhs/MW

to APTRANSCO/DISCOMs, at least 7 days

before signing of PPA with Distribution licensees.

In case, the Selected Bidder is unable to execute the PPA within the
stipulated time period as specified in the RfS, the Bank Guarantees
shall be encashed by APTRANSCO/DISCOMs.
The
stamp

Bank

Guara ntees

paper

have

to

be

executed

on

non-judicial

of appropriate value as per Stamp Act relevant to

place of execution. The Bank Guarantees have to be in the name of

the bidding Company/ Lead member of the Bidding Consortium.
In order to facilitate the bidders to submit the Bank Guarantee as per
the prescribed format and in line with the requirements, checklist
at Appendix A (format 6.3) has been attached. Bidders are advised
to take note of the above checklist while submitting the Bank
Guarantee s.
.
3.19

Operation and Maintenance of the solar plant and its connected lines
during PPA period (25 years) is the responsibility of the developer.

3.20 Minimum equity to be held by the promoter:

36

The

company

information
company

developing

the

project

shall

provide

about the Promoters and their shareholding

to APTRANSCO indicating

the

in the

the controlling shareholding at

the stage of submission of RfS.

No change in the controlling shareholding of the bidding company
or bidding consortium developing the project shall be permitted from
the date of response to the RfS till the execution of the PPA.
However, in case the Project is develo ped by a listed Company this
condition will not be applicable. (Listed companies must submit proof
of such listing by stock exchange(s))
The controlling shareholding shall mean more than 50 % of the voting
rights in the company/ consorti um.
After execution of the PPA, the controlling shareholding of the
bidding company or lead member( i n case of consortium ) in the
project company developing the project shall be maintained for a
period

of

(1)

one

year

after Commercial

Operation

Date

(COD).Thereafter any change can be under taken under intimation to

APTRANSCO.
3.21 Financial closure or project financing arrangements:
i) Requirement of land for project development @ 2 hectares / MW
is under clear possession of the project developer. In this regard
the project

developer

shall be required to furnish the following

documentary evidence.
Ownership hold rights for at least 30 years in the name of the
project developer and possession of 100% of the area of land
required for the project. Land can be taken o n lease from Andhra

37

Pradesh Industrial Infrastructure Corporation (APIIC) at Developers risk.

The APTRANSCO/DISCOMs never recommend to allot land required to
any company.
Certificate
authority

by
for

the

concerned

and

competent

revenue

the acquisition/ownership/vesting of the land in the

name of the project dev eloper.

Sworn affidavit from the authorized person of the developer listing
the details of the land and certifying total land required for the
project under clear possession of the project developer.
Note: (a) All land documents as detailed above must be submitted
within 6 0 days of signing the PPA or at the time of
financial closure whichever is earlier.
(b) In case of bidding consortium the possession of land or
lease hold right of the land has to be in the name of the
lead member only.
3.22 Penalties:
Commissioning of the project including testing and operationalisation
of the Small solar

power

subcomponents

such

devices/troughs,

turbines,

plant
as

including

all

components

and

modules, inverters, heat collecting

gene rators,

metering

evacuation arrangement, control equipment, safety

arrangement,
and protection

devices/equipment etc and also the certificate from Distribution

licensees/Transmission & APTRANSCO must be done as per the
scheduled

COD. It would be incumbent on the developer to fully

comply with this.

Under normal circumsta nces the plant has to be commissioned within

38

6 months for Solar PV and 13 months for STP from the date of Signing
of the PPA. ( or) 8 m o n t h s f o r s o l a r P V a n d 15 months for
STP from the date of issue of LoI, whichever is earlier. In case of
failing to achieve this milestone, APTRANSCO/DISCOMs shall encash
the Performance Bank Guarantee (PBG) in the following manner. .
a) Delay up to one month from scheduled COD: 2 lakhs/MW.
b)

Delay of more than one month up to two months from scheduled

COD:
3 lakhs/MW.

c)

Delay of more than two months up to 4 months from scheduled

COD:
5 lakhs/ MW .

3.22.1
During the installation and commissioning process, the developer will
be required to submit

the

following

documents

(Hard

and

Softcopy on the letter head of the Developer and stamped by the

Developer) to APTRANSCO/DISCOM in a timely manner, at least one
month before the commissioning.
(a)

Sl. No. of all modules.

(b)

I-V Curve including wattage of each module.

(c)

PV/STP model Testing Reports of Solar equipments Generator,

(as per Annexure-I)

(d) W arranty as per Annexure-I

(e) Identification and Traceability (as per Annexure-I)
(f) Certificate of quality of module (as per Annexure-I)
(g) All technical details of Inverter, SCADA System, Wires, Cables, including
all peripherals
(h) Protection devices (lightning arrester, earthing, etc.)
technical
specifications.

and their

39

(i)

Protection devices for the safety of Grid at the time of connectivity,

and Technical Specifications.
their
(j) Copy of the bills of module, balance of system, and all other equipment
like generators etc.
(k) Commissioning Report from DISCOMs, APTRANSCO and APTRANSCO.
(l)

Any other information as per RfS.

3.23 Time Schedules

Sl.

Event

Date

Notice for Request for Selection (RfS)

As per the bid notification

Pre Bid Meeting

As proposed in bid notification

1
2
Submission

of

response

to

RfS

3
Opening of technical bid
4

Opening of financial bid.

Evaluation
and
Short- listing
Bidders,

As per the scheduled date i . e . , 4 5 d a y s

from the date of notification of bids.
Within 2 days
submission.

from

the

date

of

bid

of ofopening
of
of Within
Within 7
15 days
daysfrom
from date
opening
financial
bid.

Issue of letter of intent

W ithin 15 days f r o m e v a l u a t i o n o f Bids.

6
Communication
7

of

acceptance

LoI by successful bi dder

LoI excluding the date of issue.

PPA Signing

W ithin 3 0 days from the date of issue

of letter of intent.

Financial
9

of W ithin 10 days from the date of issue of

closure

Financing Submission of documents

for
financial
closure / Financing Arrangement
Arrangement for the project
within 60 days from the date of signing of
PPA.

40

Commissioning of the Project

10

The plant has to be commissioned

within 6 months for Solar PV and 13
months for STP from the date of
Signing

of

the

PPA.

( or)

m o n t h s f o r s o l a r P V a n d 15
months for STP from the date of
issue of LoI, whichever is earlier..
.
NOTE (1) All the above are to be adhered to strictly as per the
requirements under the RfS.
(2) For the purpose of determination of dates, the date of
issue of the letter will be excluded. However, the
decision of APTRANSCO/DISCOMs will be final in this
regard and the bidder has to duly comply w ith it.
3.24. In the event of any conflict

of interpretation

conditions between RfS document and

in terms and

PPA or in case of any

ambiguity, the provisions of these RfS guidelines would prev ail.

3.25. Check list for submission of documents after issue of LOI.
i.

Bank Statement, shareholding pattern, Profit & Loss Account, and

net worth (Certified by CA).

ii.

Net worth Infusion for newly incorporated company (Certified by

CA).

iii. Controlling shareholding details for the company (Certified by CA).

iv.

Any other document as per RfS.

3.26 Check list for submission of documents before sig ning of PPA.
(i)

Bank Statement, shareholding pattern, Profit & Loss Account,

and net worth Certified by CA).

(ii)

Net worth Infusion for newly incorporated company (Certified by

41

CA).
(iii)

Controlling shareholding details for the company (Certified by CA).

(iv)

Certificate from Transmission Utility (Section 3. D)

(v)

Performance Guarantee in shape of Bank Guarantee (clause 3.18)

as per Append ix A (Format 6.3)

(vi)

Formation of SPV/STP, if applicable.

(vii)

Any other document as per RFS.

3.27 Check list for submission of document after signing of PPA.

i.

Ownership or lease hold right Clause:3.21.

ii.

Financial closure or financing arrangements

iii.

Technology Certificate as per format 6.7.

iv.

Submission of details about the following (Hard and Softcopy on

the letter head of the Developer and stamped by the Developer):
(a) Sl. No. of all modules/Turbines/Generators/Heat collecting
devices etc.
(b) I-V Curve including wattage of each module.
(c) Testing Report of plant equipment (as per Annexure-I)
(d) W arranty as per Annexure-I.
(e) Identification and Traceability ( as per Annexure-I)
(f) Certificate of quality of all equipment (as per Annexure-I)
(g) All technical details of Inverter, SCADA System, W ires,
Cables, including all peripherals of generators, turbines
etc.
(h) Protection devices (lightening arrester, earthling, etc.) and
their technical specifications.
(i)

Protection devices for the safety of Grid at the time of

connectivity, and their Technical Specifications.

(j) Copy of the bills of solar equipment, balance of system, and all
other items.

42

(k) Commissioning Report from DISCOMs/TRANSCO/APTRANSCO.

(l) Any other information as per RfS.
(v)
Any other document as per RfS.
Note: All the above are to be submitted as per the provisions under this
RfS.

43

Section 4
Evaluation Criteria

44

Section 4
4.0

Evaluation Criteria

4.1

The evaluation process comprises of the following two steps:

Step I- Responsiveness check
Step II Technical bid evaluation
Step 111-Price bid evaluation.

4.2

Step I- Responsiveness check

The response to RfS submitted by the bidder shall be scrutinized to
establish Responsiveness. Each bidders response to RfS shall be
checked for compliance with the submission of requirements set forth
in this RfS.
Any of the following conditions shall cause the bid to be Nonresponsive:
a.
b.
c.
d.
e.
f.

g.
h.
i.

Response to RfS submitted by a Bidding Consortium not

including the Consortium Agreement
Response to RfS having Conflict of Interest.
Non submission of Processing fee or EMD in acceptable form along
with RfS document.
Non submission of Documents as per the Annexure 3.
Non-submission
of
all
relevant
documents related
to
Net Worth, Shareholding, Lead member etc. as required
in this RfS document.
Non submission of Memorandum and Articles of Association
(highlighting relevant provision of Power / Energy / Renewable
Energy/ Solar Power Plant development), Certificate of
Incorporation (if applicable) of Bidding Company / all member
companies of Bidding Consortium along with sharehold ers rights
and obligations as certified by chartered accountant.
Submission of Tariff Bid in Format 6.12 in envelopes other than
3rd envelope as per Clause 3.13.
Non-submission of RfS document duly signed and stamped on
every page.
Submission of financial documents without the signature of the

45

j.

Chartered Accountant on all pages of the same.

If the bid and other documents are submitted in language other
than English.
Note: Non responsive bids will not be considered for step II bid
evaluation.

4.3

Step II-Technical Bid evaluation

The bid evaluation will be carried out as per section 6.1 to 6.11formats
4.4. Step 111.Financial bid
The financial bid will be evaluated as per format 6.12. Only for
shortlisted bidders.

46

Section 5

OTHER PROVISIONS

47

Section 5
5.0

Other Provisions

5.1

Role of the State Level Agencies

It is envisaged that the State Level Agencies like APTRANSCO, DISCOMs,
etc. will provide necessary support to facilitate the development of
the Projects as per the existing AP solar policy under competitive
bidding route 2012. This may include facilitation in follo wing areas: ? ? Connectivity to the substation of DISCOM /APTRANSCO at the
voltage level of 33 kV and 132 KV.

5.2

Role of Carbon Financing

Project developers are encouraged to identify the potential role of
carbon finance in their investment analysis including:
i.
ii.
iii.

The expected revenues for emission reducti ons; and

The cost of power with and without carbon revenues and
sharing the carbon credits as per PPA.

48

Section 6
FORMATS FOR BID SUBMISSION

49

Format 6.1 -Format of Covering Letter

(The covering letter should be on the Letter Head of the
Bidding Company/ Lead Member of the Bidding Consortium)
Date:
From :

( insert name and address of Bidding

Company/ Lead Member of the Bidding
Consortium)

Tel. #:
Fax#:
E-mail address#
To
APTRANSCO
Hyderabad
Sub: Response to RfS dated
Solar Project

for develo pment of _____MW

Dear
Sir,
We, the undersigned . [insert name of the Bidder] having read,
examined
and understood in detail the RfS including Qualification
Requirements in particular and PPA for supply of power for 25 years to
Distribution licensees, hereby submit our response to RfS for setting up 25
MW solar power plant in Andhra Pradesh.
We confirm that neither we nor any of our Parent Company/ Affiliate/ Group
Company has submitted response to RfS other than this response to RfS,
directly or indirectly, in response to the aforesaid RfS.

1. We

give

our

unconditional

acceptance

to

the

RfS,

dated

.and PPA attached thereto, issued by the APTRANSCO. In

token of our unconditional acceptance to the RfS & PPA, the same

50

have been initialled and stamped by us on all pages and enclosed

with the response to RfS. W e shall ensure that the PPA is executed as
per the provisions of the RfS and provisions of PPA shall be binding on
us. Further, we confirm that the Project has to be commissioned
within 6 months for Solar PV and 13 months for STP from the date of
Signing of the PPA or 8 m o n t h s f o r S o l a r P V a n d 15 months
for STP from the date of issue of LoI.

2.
Earnest Money Deposit (Bid security) : - (Strike out whichever is not
applicable)
(a)W e have enclosed EMD of Rs. (Insert Amount), in the form
of bank draft no.[Insert bank draft number] dated .
[Insert date of bank draft] from [Insert name of bank providing
bank draft ]
3. W e have submitted our response to RfS strictly as per Section 6
(Formats) of this RfS, without any deviations, conditions and without
mentioni ng any assumptions or notes in the said Formats.
4. Acceptance
W e hereby unconditionally and irrevocably agree and accept that the
decision made by the APTRANSCO in respect of any matter regarding or
arising out of the RfS shall be binding on us. W e hereby expressly waive
any and all claims in respect of this process.
5. Familiarity with Relevant Indian Laws & Regulations
W e confirm that we have studied the provisions of the relevant
Indian laws and regulations as required to enable us to submit this
response to RfS and execute the PPA, in the event of our selection as
Successful Bidder.
6. W e are enclosing herewith our response to the RfS with formats duly
signed as desired by you in the RfS for your consideration.
7. It is confirmed that our response to the RfS is consistent with all the

51

requirements of submission as stated in the RfS and

communications from the APTRANSCO.

subsequent

8. The information submitted in our response to the RfS is correct to

the best of our knowledge and understanding. W e would be solely
responsible for any errors or omissions in our response to the RfS.
9. Contact Person
Details of the contact person are furnished as under:
Name: .
Designation :

.. Company

Address

Phone Nos. :

. Fax Nos. :.

E-mail address: ..
Dated the

day of

, 20

Thanking you,
Yours faithfully,
(Name, Designation and Signature of Person Authorized by the board as per
Clause 3.10 (5) (a))
Note: All papers that comprise the bid document of the concerned
bidder must be numbered at the

top right

hand corner of each

page, properly stitched and hard

bound. At the beginning an index of each page should also be provided.

52

Format 6.2 Format for Power of Attorney to be provided by each of the

other members of the Consortium in favor of the Lead Member
POWER OF ATTORNEY
(To be on non-judicial stamp paper of appropriate value as per Stamp
Act relevant to place of execution.)
KNOW ALL MEN BY THESE PRESENTS THAT .. [Name of
the
Consortium
member
company]
having
its
registered
office
at.....,..and ... [Name of the Consortium
member company] having its registered office at .. ,
(Insert names and registered offices of all Members of the Consortium) the
Members of Consortium have formed a Bidding Consortium named .
(Insert name of the Consortium if finalized) (Hereinafter called the
Consortium) vide C o n s o r t i u m
Agreement
dated....
(copy
enclosed)
and
hav ing agreed
to
appoint
..[Name & Address of the Lead Member Company] as
the Lead Member of the said Consortium do hereby constitute, nominate
and appointM/s...a
company
incorporated under
the
laws of .and
having
its Registered /Head
Office
at
...as our duly constituted lawful Attorney (hereinafter
called as Lead Member) to exercise all or any of the powers for and on
behalf of the Consortium in regard to submission of the response to RfS
and if required. W e also authorize the said Lead Member to undertake the
following acts:
i)

To submit o n behalf of Consortium Members response to RfS and if

required, to Sign PPA.

ii)

To do any other acts or submit any information and documents

related to the above response to RfS.
It is expressly understood that in the event of the Consortium being
selected as Successful Bidder, this Power of Attorney shall remain
valid, binding and irrevocable until the Bidding Consortium achieves
execution of PPA.

We as the Member of the Consortium agree and undertake to ratify

and confirm all whatsoever the said Attorney/Lead Member has done on
behalf of the Consortium Members pursuant to this Power of Attorney and
the same shall bind us and deemed to have been done by us.

53

IN W ITNESS WHEREOF ...[Name of member

consortium Company ], as the Member of the Consortium have executed
these presents on this.. day of ........under the Common Seal of our
company.
For and on behalf of Consortium
Member
M/s.
------------------------------(Signature of person authorized by
the board)
(Name Designation Place: Date:)
Accepted
--------------------------------(Signature, Name, Designation and Address
of the person authorised by the board of the Lead Member)
Attested
--------------------(Signature of the executant)
-----------------------------(Signature & stamp of Notary of the place of execution)
Place:--------------- Date:--------------Note: - Lead Member in the Consortium shall have the controlling
shareholding o f more than 50% of voting rights.
54

Format 6.3 Format for Performance Bank Guarantee

(Note: - Total Performance Guarantee is to be submitted in 3 separate Bank
Guarantees in the amounts of Rs. 2 lakhs, 3 lakhs, 5 lakhs/MW)
(To be on non-judicial stamp paper of appropriate value as per Stamp
Act relevant to place of execution.)
In consideration of the ----------- [Insert name of the Bidder]
(hereinafter referred to as selected Solar Power Developer') submitting
the response to RfS inter alia for selection of the project of the capacity
of ______ MW , at [Insert name of the place], for supply of power
there from on long term basis, in response to the RfS dated
.issued by APTRANSCO and APTRANSCO considering such response to
the RfS of [insert the name of the selected Solar Power Developer]
(which expression shall unless repugnant to the context or meaning thereof
include its executers, administrators, successors and assignees) and
selecting the Solar Power Project of the developer and issuing Letter of
Intent No ------- to (Insert Name of selected Solar Power Developer) as per
terms of RfS and the same having been accepted by the selected SPD
resulting in a Power Purchase Agreement (PPA) to be entered into, for
purchase of Power [from selected Solar Power Developer or a Project
Company, M/s --------- ----. As per the terms of the RfS, the
[insert name & address of bank] hereby agrees unequivocally, irrevocably
and unconditionally to pay to APTRANSCO at [Insert Name of the Place from
the address of the APTRANSCO] forthwith on demand in writing from
APTRANSCO or any Officer authorised by it in this behalf, any amount up to
and not exceeding Rupees------ [Total Value] only, on behalf of M/s [Insert
name of the selected Solar Power Developer / Project Company]
This guarantee shall be valid and binding on this Bank up to and including
and
shall not be terminable by notice or any change in the constitution of the
Bank or the term of contract or by any other reasons whatsoever and our
liability hereund er 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.

55

Our liability under this Guarantee is restricted to Rs.

only) ------[Insert amount not less than
Lakhs]. Our Guarantee shall remain in force until
_[Insert
APTRANSCO shall be entitled to invoke this Guarantee till
date]

(Rs.
Rs. 10
date]
[Insert

The Guarantor Bank hereby agrees and acknowledges that the APTRANSCO
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 APTRANSCO, made in any
format, raised at the above mentioned address of the Guarantor Bank, in
order to make the said payment to APTRANSCO
The Guarantor Bank shall make payment hereunder on first demand without
restriction or conditions and notw ithstanding any objection by ------------[Insert name of the selected Solar Power Developer / Project Company as
applicable] and/or any other person. The Guarantor Bank shall not require
APTRANSCO to justify the invocation of this BANK GUARANTEE, nor shall the
Guarantor Bank have any recourse against APTRANSCO in respect of any
payment made hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of
India and the courts at Andhrapradesh 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 APTRANSCO shall not be obliged before
enforcing this BANK GUARANTEE to take any action in any court or arbitral
proceedings against the selected Solar Power Developer / Project Company,
to make any claim against or any demand on the selected Solar Pow er
56

Dev eloper / Project Company or to give any notice to the selected Solar
Power Developer / Project Company or to enforce any security held by
APTRANSCO or to exercise, levy or enforce any distress, diligence or other
process against the selected Solar Power Developer / Project Company .
The Guarantor Bank acknowledges that this BANK GUARANTEE is not
personal to APTRANSCO and may be assigned, in whole or in part,
(whether absolutely or by way of security) by APTRANSCO to any entity to
whom APTRANSCO is entitled to assign its rights and obligations under the
PPA.
Notwithstanding anything-contained hereinabove,
our liability under
this Guarantee is restricted to Rs.
(Rs. only) and it
shall remain i n force until
with an additional
claim period of thirty (30) days thereafter. We are liable to pay the
guaranteed amount or any part thereof under this Bank Guarantee only if
APTRANSCO serves upon us a written claim or demand.
Signature
Name
Power of Attorney No.
For
[Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this
day of
, 20
Witness:
1.
.
Signature
Name and Address
2. ..
Signature
Name and Address
Notes:
The Stamp Paper should be in the name of the Executing Bank.
The Performance Bank Guarantee shall be executed by any of the Bank
from the List of Banks enclosed.

57

Format 6.4 - Format for Board Resolutions

(Format for the Board resolution to be passed)
The Board, after discussion, at the duly convened Meeting o n (Insert
date), with the consent of all the Directors present and in complianc e of the
provisions of the Companies Act, 1956, passed the following Resolution:
1. RESOLVED THAT Mr/Ms., be and is hereby authorized to do
on our behalf, all such acts, deeds and things necessary in connection with or
incidental to our response to RfS for setting up ________ MW solar power
plant in AP , including si gning and submission of all documents and providing
information / response to RfS to APTRANSCO, representing us i n all matters
before APTRANSCO, and generally dealing with APTRANSCO in all matters in
connection with our bid for the said Project. (To be provided by the Bidding
Company or the Lead Member of the Consortium)
2. FURTHER RESOLVED THAT pursuant to the provisions of the Companies
Act, 1956 and compliance thereof and as permitted under the
Memorandum and Articles of Association of the company, approval of the
Board be and is hereby accorded to invest total equity in the Project. (To be
provided by the Bidding Company)
[Note: In the event the Bidder is a Bidding Consortium, in place of
the above resolution at Sl. No. 2, the following resolutions are to be
provided]
FURTHER RESOLVED THAT pursuant to the provisions of the Companies
Act, 1956 and compliance thereof and as permitted under the
Memorandum and Articles of Association of the company, approval of the
Board be and is hereby accorded to invest (- ----%) equity [Insert the % equity
commitme nt as specified in Consortium Agreement] in the Project. (To be
provided by the each Member of the Bidding Consortium including
Lead Member such that total equity commitment is 100%)
FURTHER RESOLVED THAT approval of the Board be and is hereby
accorded to participate in consortium with ------------ [Insert the name
of other Members in the Consortium] and Mr/Ms., be and is hereby
authorized to execute the Consortium Agreement. (To be provided by the
each Member of the Bidding Consortium including Lead Member)
And
58

FURTHER RESOLVED THAT approval of the Board be and is hereby

accorded
to contribute such additional amount over and above the
percentage limit (specified for the Lead Member and other member in the
Consortium Agreement) to the extent becoming necessary towards the total
equity share in the Project Company, obligatory on the part of the
Consortium pursuant to the terms and conditions contained i n the
Consortium Agreement dated executed by the Consortium as per
the provisions of the RfS. [To be passed by the Lead Member and other
members of the Bidding Consortium]
3. FURTHER RESOLVED THAT approval of the Board be and is hereby
accorded to M/s. . (Insert name of Bidding Company/ Consortium
Member(s)) to use our financial capability for meeting the Qualification
Requirements for setting up a ____ MW solar power plant in AP and confirm
that all the equity investment obligations of M/s. (Insert Name of Bidding
Company/ Consortium Member(s)), shall be deemed to be our equity
investment obligations and in the event of any default the same shall be met
by us. [To be passed by the entity(s) w hose financial credentials have been
used i.e. Parent and / or its affiliate.]
Certified true copy
--------------------(Signature, Name and stamp of Company Secretary / Director)
Notes:
1) This certified true copy should be submitted on the letterhead of
the Company, signed by the Company Secretary / Director.
2) The contents of the format may be suitably re-worded indicating
the identity of the entity passing the resolution.
3) This format may be modified only to the limited extent required to
comply with the local regulations and laws applicable to a foreign
entity submitting this resolution.
For example, reference to
Companies Act 1956 may be suitably modified to refer to the laws
applicable to the entity submitting the resolution. However, in such
case, the foreign entity shall submit an unqualified opinion issued
by the legal counsel of such foreign entity, stating that the Board
resolutions are in compliance with the applicable laws of the
respective jurisdictions of the issuing company and the
authorizations
granted
therein
are
tr ue
and
valid.

59

Format 6.5 Consortium Agreement

(To be on non-judicial stamp paper of appropriate value as per Stamp Act
relevant to place of execution)
THIS C o n s o r t i u m A g r e e m e n t ( Agreement) e x e c u t e d o n this
day of
Two
thousand
b e t w e e n M/s [insert name of Lead Member]a Company
incorporated under the laws of
and
having its Registered Office at
(hereinafter called the Member-1,
which expression shall include its successors, executors and permitted assigns)
and M/s
Company incorporated under the laws of
and
having
its
Registered
Office
at
(hereina
fter called the Member-2, which expression shall include its successors,
executors and permitted assigns), M/s
a
Company incorporated under the laws of
and
having its Registered Office at
(hereinafter called the Member-n,
which expression shall include its successors, executors and permitted
assigns), [The Bidding Consortium should list the details of all the
Consortium Member s] for the purpose of submitting response to RfS, and
execution of Power Purchase Agreement (in case of award), against RfS
dated
WHEREAS, each Member individually shall be referred to as the Member
and all of the
Members shall be collecti vely referred to as the Members in this
Agree ment.
WHEREAS the Distribution licensees desires
Renewable Power
Purchase obligation, Regulation 2012;

to

purchase

power under

WHEREAS, the APTRANSCO had invited response to RfS vide its Request for
Selection (RfS)
dated
WHEREAS the RfS stipulates that in case response to RfS is being submitted
by a Bidding Consortium, the Members of the Consortium will have to submit
a legally enforceable Consortium Agreement in a format specified by
APTRANSCO wherein the Consortium Members have to commit equity
investment of a specific percentage for the Project.
NOW THEREFORE, THIS AGREEMENT WITNESS AS UNDER:

60

In consideration of the above premises and agreements all the Members in

this Bidding Consortium do hereby mutually agree as follows:
1.

W e, the Members of the Consortium and Members to the

Agreement do hereby unequivocally agree that Member-1 (M/s ),
shall act as the Lead Member as defined in the RfS for self and agent
for and on behalf of Member-2, -----, Member-n.

2.

The Lead Member is hereby authorized by the Members of the

Consortium and
Members to the Agreement
to bind the
Consortium and receive instructions for and on their behalf.

3.

Notwithstanding anything contrary contained in this Agreement,

the Lead Member shall always be liable for the equity (as well as
total financing if committed to be met from internal financing)
investment obligations of all the Consortium Members i.e. for both
its own liability as well as the liability of other Members.

4.

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 equity as
well as other
financing if committed to be met internally
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.

5.

Subject to the terms of this Agreement, the share of each Member

of the Consortium i n the issued equity share capital of the project
Company is/shall be in the following proportion:
Name
Member 1
Member 2
Member n
Total
We

acknowledge that

Percentage
------100%

after execution of PPA,

the

controlling

61

shareholding (more than 50% of the voting rights) in the Project

Company developing the Project shall be maintained for a period of
(1) one year after commencement of supply of pow er.

6.

The Lead Member, on behalf of the Consortium, shall inter alia

undertake f ull responsibility for liaising with Lenders or through
internal accruals and mobilizing debt resources for the Project,
and ensuring that the Seller achieves Financial Closure in terms of
the PPA.

7.

In case of any breach of any equity investment as well as other

financing requirements commitment by any of the Consortium
Members, the Lead Member shall be liable for the consequences
thereof.

8.

Except as specified in the Agreement, it is agreed that

sharing
of responsibilities as aforesaid and equity investment
obligations thereto shall not in any way be a limitation of
responsibility of the Lead Member under these presents.

9.

It is further specifically agreed that the financial liability for equity

contribution of the Lead Member shall not be limited in any way so as
to restrict or limit its liabilities. The Lead Member shall be liable
irrespective of its scope of work or financial commitments.

10.

This Agreement shall be construed and interpreted in accordance

with the Laws of India and courts in India alone shall have the
exclusive jurisdiction in all matters relating thereto and arising
thereunder.

11.

It is hereby further agreed that i n case of being selected as the

Successful Bidder, the Members do hereby agree that they shall
furnish the Performance Guarantee in favor of APTRANSCO in terms of
the RfS.

12.

It is further expressly agreed that the Agreement shall be irrevocable

and shall form an integral part of the Power Purchase Agreement
(PPA) and shall remain valid until the expiry or early termination of
the PPA in terms thereof, unless expressly agreed to the contrary by
62

APTRANSCO/Transmission/ DISCOMs.
13.

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.

14.

It is hereby expressly understood between the Members that no

Member at any given point of time, may assign or delegate its rights,
duties or obligations under the PPA except with prior written consent
of APTRANSCO.

15. This Agreement

16.

(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

(c)

may not be amended or modified except in writing signed by

each of the Members and with prior written consent of
APTRANSCO.

All the terms used in capitals in this Agreement but not defined
herein shall have the meaning as per the RfS & PPA.

IN WITNESS WHEREOF, the Members have, through their authorised

representativ es, executed these present on the Day, Month and Year first
mentioned above.
For M/s----------------------------- [Member 1]
----------------------------------------(Signature, Name & Designation of the person authorized vide Board
Resolution Dated [?])
Witnesses:
1) Signature---------------------- Name:
Address:

2) Signature -------------------- Name:

Address:

63

For M/s----------------------------- [Member 2]

----------------------------------------(signature, Name & Designation
Resolution Dated [?])

of the person authorized vide Board

Witnesses:
1) Signature ----------------------- Name:
Address:
2) Signature ---------------------- Name:
Address:
For M/s-----------------------------[Member n]
----------------------------------------(signature, Name & Designation
Resolution Dated [?])

of the person authorized vide Board

Witnesses:
1) Signature -----------------------

(2) Signature ----------------------

Name:
Address:
Name:
Address:
Signature and stamp of Notary of the place of execution

64

[on the letter head of Bidder]

Format 6.6- FORMAT FOR FINANC IAL REQUIREMENT NET WORTH
(to be filled separately for individual projects)
To,
APTRANSCO
Hyderabad
Dear Sir,
Sub: Response to RfS for setting up________MW Solar Power plants in AP.
We certify
Consortium

that

the

Bidding

Company

Member

in

Bidding

[Name of Bidding Company or Bidding Consortium] has a

minimum
Net W orth of Rs.
crore (Rupees
) on
(i)

For Existing Companies

Description

Select
any
(whichever
applicable)

one
is

Audited annual accounts of any of the last four (4) Applicable

financial years 2007-08, 2008-09, 2009-10 and 2010- Applicable
11 [Strike out the financial years not applicable] Or

Not

Net Worth as on day dd/mm/yyyy (within seven Applicable

days prior to the last date of submission
of Applicable
response to RfS by the bidding companies)

Not

(ii)

For new Companies

Net W orth as on day dd/mm/yyyy (not more than seven days prior
to the last date of submission of response to RfS by the bidding
companies)

65

Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the Net W orth by Bidding
Company and/ or its Parent / Affiliates as per following details:
Name of
Name of Company Relationship Either Financial Year
Company / /
with Bidding to
Parent/ Affiliate
be considered for
Company*
Parent/
whose
Net
Net Worth or Net
Affiliate/
Worth is to be
Wor th
of
the
Group
considered
respective
Company
Company not later
than 7 days prior to
submission of RfS

Net W orth (in Rs.

Crore) of the
Member
Company

Company
1
----Total
The column for Relationship with Bidding Company is to be filled only
in case the financial capability of Parent/Affiliate has been used for
meeting Qualification Requirements. Further, documentary evidence to
establish
the relationship,
duly certified
by the company
secretary/chartered accountant is required to be attached with the
format.

66

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]
Net worth Requirement to be met by Member in Proportion to the
Equity Commitment: Rs. -------------Crore (Equity Commitment (%) * Rs. [ ]
Crore)
For the above calculations,
we have considered
Net W orth by
Member in Bidding Consortium and/ or Parent/ Affiliate as per following
details:
Name of
Consortiu
m Member
Company

Company
1

Name of
Company
/
Parent/ Affiliate/
Consortium
Member
whose
Net W orth is to
be considered

Relationship
with Bidding
Company*
(if any)

Either
Financial
Year to be
considered
for
Net
Worth
or
Net W orth
of
the
respective
Company
not
later
than 7 days
prior
to
submission

Net W orth
(in
Rs.
Crore) of
the
Consortiu
m
Member
Company

Equity
Co m mit
me nt (in
%age) i n
Bidding
Consorti
um

----Total

* The column for Relationship with Bidding Company is to be filled only

in case the financial capability of Parent/Affiliate has been used for
meeting Qualification Requirements. Further, documentary evidence to
67

Committed
Ne t W orth
(in
Rs.
Crore)

establish
the
relationship,
duly
certified
by
the
company
secretary/chartered accountant is required to be attached with the
format.

(Signature & Name of the person Authorised

Stamp of By the board)
or Chartered Accountant)

(Signature
Statutory

and
Auditor

Date:
Note:
i.
ii.

Along w ith the above format, in a separate sheet,

provide details of computation of Net Worth duly certified
by Statutory Auditor.
Certified copies of Balance sheet, Profit & Loss Account,
Schedules and Cash Flow Statements and Bank statement
by bank are to be enclosed in support thereof for
confirmation of balance in cash & bank.

68

[On the letter head of Bidder]

Format 6.7 - FORMAT FOR TECHNICAL CRITERIA
To,
APTRANSCO
Hyderabad.
Dear Sir,
Sub: Response to RfS setting up _________ MW Solar Power Plant in AP.
We hereby undertake to certify in line with clause 3.21 under the title
Financial Closure or Project Financing Arrangement that the following
details shall be furnished within 60 days of signing of PPA: 1.0

That the technology proposed to be used is commercially established

technology and at least one project based on this technology is
successfully operational.

2.0

Details of the project with location and the successful

operational period of the project utilizing this technology.

3.0

Evidence of clear posse ssion of the required land for the project along
with following documentary evidence: I.

Ownership rights in the name of the Project Developer and

possession of 100% of the area of land required for the project.
Land can be taken on lease from State / Central Agency.

II.

Certificate by the concerned and competent revenue/registration

authority for the acquisition / ownership/ vesting of the land in the
name of the Project Developer.

III.

Sworn affidavit from the Authorized person of the developer

listing the details of the land and certifying total land required for
the project under clear possession of the Project Developer

IV.

A certified English translation from an approved translator in

69

case above
Languages.

land documents are in other than Hindi and Telugu

Failure or delay on our part in achieving the above conditions

shall constitute sufficient grounds for encashment of our Performance
Bank Guarantee.

Authorised Signatory

Stamp

70

(On the letterhead of the Bidding Company / Consortium)

Format 6.8 Format for Confirmation of Connectiv ity
(To be filled separately for individual Locations)
To,
The Executive Director/Planning, RAC& Reforms,
APTRANSCO/Vidyut Soudha,Hyderabad.
Dear
Sir,
Sub: Response to RfS for setting up one
of_______MW in______PDCL of AP.

unit of solar Power Plant

1. W e hereby agree to lay the evacuation with necessary

infrastructure from our proposed solar power plant to nearest
33 KV or 132 KV transmission sub-station as may be avai lable
at our own cost for all the items as mentioned in the RfS
document
like transmission lines, grid interface equipment,
metering, bay etc.
2. W e hereby undertake to obtain the letter from transmission
utility /distributi o n utility confirming connectivity before and
after the same is carried out.
3. W e hereby undertake to sign necessary Power Purchase
Agreement with Distribution licensees as specified in the RfS.
4. We hereby undertake to pay the connectivity charges as decided
by APTRANSCO/APDISCOMs.
Authorized Signatory
Stamp

71

Format 6.9 - Format for Disclosure

[On the letter head of Bidding Company/Each Member in a Bidding
Consortium]
Disclosure

We hereby declare that our Parent, Affiliate or Ultimate Parent-or any Group
Company with which we have direct or indirect relationship are not
separately participating in this selection process.
We further declare that the above statement is true & correct. W e are
aware that if at any stage it is found to be incorrect, our response to RfS
bid will be rejected and if LoI has been issued or PPA has been signed, the
same will be cancelled and the bank guarantees will be encashed.

(Signature & Name of the person Authorised By the board)

72

Format 6.10 Declaration by the Solar power Developer for the proposed
technology

1
2
3

Name of Bidding Company / Lead Member of Bidding Consortium

Project proposed

Solar

Capacity proposed (in MW)

Technology proposed to be adopted for the
project to supply contracted annual output (units
per MW in the first year)
Solar Power project
Crystalline Silicon Solar Cell Modules

Thin Film Modules

Concentrator PV Modules

D
5

Solar pv/STP

Any Other Technology for Solar PV/Solar Thermal (Please specify)

Give brief description about the proposed Solar Technology

Signature of the Bidder

Stamp

73

Format 6.11 Summery Data Sheet

Summery
Data
Sheet
(Format

erisk Marked(*) Fields are Mand atory

ctio

Details to be Furnished by the Bidder

Name
Bidder*

City

Bidders
status*
Address
(Line-2)

Bidder s De tail s

Address
(Line-1)

of

State

Country

Zip/P
in

Bidder's
W
ebsite if any
Bidd

List of parent/Ulti mate

Parent/ Gro up
Companies, if any.
Details of
other
Projects, if any,
being developed by
Parent
/Ultimate
Parent/ Affiliates/
Group Companies

Compan
Project 1 y
Name
Compan
Project 2 y
Name

Name
of
the
Controlling
Share
W hether listed with
any stock exchang e.*

Capacity
in MW

Locat
ion

Capacity
in MW

Locat
ion

Name of Exchange
where listed

(s)

EMD Details

Details of the EMD

Proc

(I) Amount(in
Rs.Lakhs)*

(II) Banker

(III)DD/Pay
Order No
Details of the Processing Fee

(IV)DD/Pay
Order D ate

74

essing
fee A

(I) Amount(in
Rs.Lakhs)*

(II) Banker

(III)DD/Pay
Order No

(IV)DD/Pay
Order D ate

Name & Contact Details of the person authorized by the Company/ Consortium to sign the RfS

uthorizat

Name of the
Person

ion

Same as
address
Corresponde City
nmce add

Mobile No
bidders

Office Tel No(with

STD)
Add Line !
State

Country

Fax(with
Code )
Add line
2
Zip/Pin

STD

75

76

(On the Letter Head of the of the Bidder)

Format 6.12 Tariff Bid
To,
APTRANSCO
Hyderabad.

Dear Sir,
In response to your RfS bearing No. dated .. we hereby offer our
company /consortium to be selected for setting up of solar power plant
of____________ MW in_________(DISCOM) nearby 33/11KV or 132/33KV
substation
at
______________________village
___________
mandal,
___________dist. in AP.
We further Quote our firm and final tariff (levellised over a period of 25
years) as Rs/- (Rupees..and Paisa) per kW h at interconnection
point, based on the AP State Policy under competitive bidding route -2012.

Authorised signatory

Stamp

77

Format 6.13 Format for Contract Performance Bank Guarantee

(To be on non-judicial stamp paper of appropriate value as per Stamp
Act relevant to place of execution.)
In consideration of the ----------- [Insert name of the Bidder]
(hereinafter referred to as selected Solar Power Developer') submitting
the response to RfS inter alia for selection of the project of the capacity
of ______ MW , at [Insert name of the place], for supply of power
there from on long term basis, in response to the RfS dated
.issued by APTRANSCO and APTRANSCO considering such response to
the RfS of [insert the name of the selected Solar Power Developer]
(which expression shall unless repugnant to the context or meaning thereof
include its executers, administrators, successors and assignees) and
selecting the Solar Power Project of the developer and issuing Letter of
Intent No ------- to (Insert Name of selected Solar Power Developer) as per
terms of RfS and the same having been accepted by the selected SPD
resulting in a Power Purchase Agreement (PPA) to be entered into, for
purchase of Power [from selected Solar Power Developer or a Project
Company, M/s --------- ---- {a Special Purpose Vehicle (SPV) formed for this
purpose}, if applicable ]. As per the terms of the RfS, the
[insert name & address of bank] hereby agrees unequivocally, irrevocably
and unconditionally to pay to APTRANSCO at [Insert Name of the Place from
the address of the APTRANSCO] forthwith on demand in writing from
APTRANSCO or any Officer authorised by it in this behalf, any amount up to
and not exceeding Rupees------ [Total Value] only, on behalf of M/s [Insert
name of the selected Solar Power Developer / Project Company]
This guarantee shall be valid and binding on this Bank up to and including
and
shall not be terminable by notice or any change in the constitution of the
Bank or the term of contract or by any other reasons whatsoever and our
liability hereund er shall not be impaired or discharged by any extension of
time or variations or alternations made, given, or agreed with or without
our knowledge or consent, by or between parties to the respective
agreement.
Our liability under this Guarantee is

restricted to Rs.

(Rs.

78

only) ------[Insert amount not less than

Lakhs]. Our Guarantee shall remain in force until
_[Insert
APTRANSCO shall be entitled to invoke this Guarantee till
date]

Rs. 10
date]
[Insert

The Guarantor Bank hereby agrees and acknowledges that the APTRANSCO
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 APTRANSCO, made in any
format, raised at the above mentioned address of the Guarantor Bank, in
order to make the said payment to APTRANSCO
The Guarantor Bank shall make payment hereunder on first demand without
restriction or conditions and notw ithstanding any objection by ------------[Insert name of the selected Solar Power Developer / Project Company as
applicable] and/or any other person. The Guarantor Bank shall not require
APTRANSCO to justify the invocation of this BANK GUARANTEE, nor shall the
Guarantor Bank have any recourse against APTRANSCO in respect of any
payment made hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of
India and the courts at Andhra Pradesh 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 APTRANSCO shall not be obliged before
enforcing this BANK GUARANTEE to take any action in any court or arbitral
proceedings against the selected Solar Power Developer / Project Company,
to make any claim against or any demand on the selected Solar Pow er
Dev eloper / Project Company or to give any notice to the selected Solar
79

Power Developer / Project Company or to enforce any security held by

APTRANSCO or to exercise, levy or enforce any distress, diligence or other
process agai nst the selected Solar Power Developer / Project Company .
The Guarantor Bank acknowledges that this BANK GUARANTEE is not
personal to APTRANSCO and may be assigned, in whole or in part,
(whether absolutely or by way of security) by APTRANSCO to any entity to
whom APTRANSCO is entitled to assign its rights and obligations under the
PPA.
Notwithstanding anything-contained hereinabove,
our liability under
this Guarantee is restricted to Rs.
(Rs. only) and it
shall remain i n force until
with an additional
claim period of thirty (30) days thereafter. We are liable to pay the
guaranteed amount or any part thereof under this Bank Guarantee only if
APTRANSCO serves upon us a written claim or demand.
Signature
Name
Power of Attorney No.
For
[Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this
day of
, 20
Witness:
1.
.
Signature
Name and Address
2. ..
Signature
Name and Address
Notes:
The Stamp Paper should be in the name of the Executing Bank.
The Performance Bank Guarantee shall be executed by any of the Bank
from the List of Banks enclosed.

80

Appendix A
CHECK LIST FOR BANK GUARANTEES/DDs
Sl.No.
a)

Details of checks

YES/NO.

Bid Processing fee Rs. 2 Lakhs in the form of DD.

b)
C)

Is the Bid security in the form of DD/BG.

Whether date, purpose of purchase of stamp paper and name of the
purchaser are indicated on the back of Stamp paper under the Signature of
Stamp vendor?
(The date of purchase of stamp paper should
be not later than the date of execution of BG and the stamp paper
should be purchased either in the name of the executing Bank or the
party on whose behalf the BG has been issued. Also the Stamp Paper
should not be older than six months from the date of execution of BG).

d)

In case of BGs from Banks abroad, has the BG been executed on

Letter Head of the Bank endorsed by SBI, India.

e)

Has the executing Officer of BG indicated his name, designation and

Power of Attorney No./Signing Power no. on the BG?

f)

Is each page of BG duly signed / initialed by executants and

whether stamp of Bank is affixed thereon? W hether the last page is
signed with full particulars including two witnesses under seal of Bank as
required in the prescribed proforma?

g)

Does the Bank Guarantees compare verbatim

prescribed in the Bid Documents?

h)

Are the factual details such as Bid Document No. / Specification No., /
LoI No. (if applicable) / Amount of BG and Validity of BG correctly
mentioned in the BG

i)

Whether overwriting/cutting if any on the BG have been properly

authenticated under signature & seal of executant?

j)

Whether the BG has been issued

provisions of Bidding documents?

k)

In case BG has been issued by a Bank other than those specified in

Bidding Document, is the BG confirmed by a Bank in India
acceptable as per Bidding documents?

by

with

the Proforma

a Bank in line with

the

81

Annexure1
Technical Qualification requirement in case of Solar Project
The following are some of the technical measures required to ensure quality
of the PV modules used in grid connected solar power projects.
1.

PV Module Qualification

1.1

The PV modules used in the grid connected solar power projects must
qualify to the latest edition of any of the following IEC PV module
qualification test or equivalent BIS standards.
Crystalline Silicon Solar Cell Modules IEC 61215

1.2

Thin Film Modules

IEC 61646

Concentrator PV modules

IEC 62104

In addition, PV modules must qualify to IEC 61730 for safety

qualification testing. For the PV modules to be used in a highly
corrosive atmosphere throughout their lifetime, they must qualify to
IEC 61701.

1.3

Solar Thermal Qualification

Technical Qualification Requirements for Eligibility of a Solar Thermal
Power Developer to Establish Solar Power Plant.
a) Only new plant & machinery to be used.
b) Any of the Concentrated Solar Power (CSP) technology, such as,
Parabolic Trough Collectors, Solar Dish Stirling (or any other prime
mover), Linear Fresnel Reflector, Central Tower with heliostats, or
their any other combination could be used.
c) All grid connected solar thermal power plants will install equipment
for regular monitoring of solar irradiance (including DNI), ambient air
temperature, wind speed and other weather parameters and
simultaneously for monitoring of the amount of electric power
generated from the plant. They will submit this data to the Ministry
on line and/or through a report on regular basis for the entire
duration of PPA.

82

2.

Authorized Test Centers

The S o l a r p l a n t equipment must be tested and approved by one
of the IEC/ A c c r e d i t e d authorized test centers as per norms. In
addition a PV module qualification test certificate as per IEC
standard, issued by Solar Energy Centre, MNRE, New Delhi will also be
valid.

3.

Warranty
The mechanical structures, electrical works and overall workmanship
of the grid solar power plants must be warranted for a minimum of 5
years.
The plant equipment used for solar Power generation in grid connected
solar power plants must be warranted for output wattage, which
should not be less than 90% at the end of 10 years and 75% at the end
of 25 years.

4.

Identification and Traceability

Each equipment used i n any Solar power Project must use a RF
identification tag (RFID). The following information must be mentioned
in the RFID used on each module (This can be inside or outside the
laminate, but must be able to withstand state harsh environmental
conditions.)
(i)
(ii)
(iii)

Name of the manufacturer of each equipment.

Month and year of the manufacture (separately for solar cells and
module) of each apparatus.
Country of origin (separately for solar cells and module).

(iv)
(v)

I-V curve for the module and generator.

W attage, Im, Vm and FF for the module for the installed
equipment.
(vi) Unique Serial No and Model No of the module.
(vii) Date and year of obtaining q u a l i f i c a t i o n certificate from
appropriate authority as per Indian/Global standards.
(viii) Name of the test lab issuing IEC/qualification certificate.
(ix)

Other relevant information on traceability of solar cells and

83

module as per ISO 9000.

All

grid

connected

Solar

Power Projects

must

install

necessary

equipment to continuously measure solar radiation, ambient temperature,

and other weath er parameters and simultaneously measure the generation of
DC power as well as AC power generated from the plant besides measuring
Electrical Parameters.

It is also required that suitab le SCADA system with

facilities for remote monitori ng must be installed. They will be required to

provide remote access to the above data to S L D C as well as submit the
same through a monthly report for the entire duration of Power Purchase
Agreement.

84

Annexure 2
List of Banks
A. SBI AND ASSOCIATES
1.
State Bank of India
2.
State Bank of Bikaner & Jaipur
3.
State Bank of Hydrabad
4.
State Bank of Indore
5.
State Bank of Mysore
6.
State Bank of Pa tiala
7.
State Bank of Travancore
B.
NATIONALISED BANKS
1.
Allahabad Bank
2.
Andhra Bank
3.
Bank of India
4.
Bank of Maharashtra
5.
Canara Bank
6.
Central Bank of India
7.
Corporation Bank
8.
Dena Bank
9.
Indian Bank
10.
Indian Overseas Bank
11.
Oriental Bank of Commerce
12.
Punjab National Bank
13.
Punjab & Sind Bank
14.
Syndicate Bank of India
15.
Union Bank of India
16.
United Bank of India
17.
UCO Bank
18.
Vijaya Bank
19.
Bank of Baroda
C.
SCHEDULED FOREIGN BANKS
1.
Bank of America N.A.
2.
Bank of Tokyo Mitsubishi UFJ Ltd.
3.
BNP Paribas
4.
Citi Bank N.A.
5.
Deutsche Bank A.G
6.
The Hongkong and Shanghai Banking Corp. Ltd.
7.
Standard Charted Bank
8.
Societe General
9.
Barclays Bank
10.
ABN Amro Bank N.V.
11.
Bank of Nova Scotia
12.
Development Bank of Singapore(DBS, Bank Ltd.)

85

Annexure 3
Checklist of Documents to be submitted:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.

Demand Draft/Receipt of cash payment made towards cost of the RfS.

RfS document duly signed and stamped on every page.
Covering Letter as per Format 6.1
Power of Attorney/Board Resolution as per Format 6.2
Earnest Money Deposit (EMD) in the form of Demand Draft
Processing fee in the form of Demand Draft
Performance Guarantee as per Format 6.3
Board Resolution as per Format 6.4
Consortium Agreement as per Format 6.5
Financial Requirements criteria as per Format 6.6
Technical Criteria as per Format 6.7
Letter from Developer confirming connectivity as per Format 6.8
Disclosure Statement as per Format 6.9
Technological Tie Up as per Format 6.10
Checklist of Bank Guarantee as per Appendix-A
Data Sheet as per Format 6.11
Tariff Bid as per Format 6.12
Calculation of Net worth
Memorandum and Articles of Association
Certificate of Incorporation
Annual audited accounts for the financial year 2011-12 and also for relevant years as
per RfS. All financial documents submitted along with the RfS must be signed on all
pages by the Chartered Accountant.
Shareholding pattern indicating the controlling shareholding certified by chartered
accountant.
Shareholding pa ttern statement of the Foreign Company, duly certified by competent
authority.
Proof of listing in the Stock Exchange if a public limited company.
Submission of bid document and all other relevant documents in English language only.
Any other document mentioned in the RfS or PPA.

NOTE:
All the above items in the check list are to be submitted as per the
requirements under the RfS.
Response to RfS that are incomplete, w hich do not substantially
meet the requirements prescribed in this RfS, will be liable for rejection
by APTRANSCO.

86

Annexure-B
Charges to be paid by the bidder
a)

Processing fee of Rs. 2 Lakh at the time of submission of RFS (Nonrefundable) to APPCC/DISCOM.

b)

EMD in the form of BG or DD as follows:

Rs 2 lakhs/MW DD drawn in favor of Pay Officer/APTRANSCO (or) BG in
favor of Chief Engineer/IPC/APPCC/APTRANSCO. For Validity period of
90 days from the date of bid submission and claim period of one more
month over and above validity period.
Insufficient/Part Bid security submitted by the bidders will be rejected
without any prior notice.
In case of bidders who have quoted below the bench mark price fixed
by the committee they have to furnish contract performance bank
guarantee (CPBG) with in 10 days of date of intimation.LOI will be
issued only after furnishing the CPBG.S
a. Contract performance Bank Guarantee shall refer to the bank
guarantee to be produced by successful bidder to the concerned
distribution licensees on the difference of L1 price and Committee
determined bench mark price (bench mark price) to the tune of
amount of rupees equivalent to the energy that would be generated
for 3 [three] years at approved CUF (capacity utilization factor) from
the plant.
If the difference of price is not less than 5%, CPBG is not required.
Validity of the CPBG shall be three [3] years from the date of submission.
b. Performance bank guarantee and

Penalties:

This is to be furnished before entering into PPA within 10 days from the

87

date of LOI.Commissioning

of the

project including testing

operationalisation of the Small solar

components

and

subcomponents

power

such

plant

includ ing

and
all

as modules, inverters, heat

collecting devices/troughs, turbines, generators, metering arrangement,

evacuation arrangement, control equipment, safety
devices/equipment etc and

also the certificate from Distribution

licensees/Transmission & APTRANSCO must

scheduled

and protection

be done

as per the

COD. It would be incumbent on the developer to fully

comply with this.

Under normal circumstances the plant has to be commissioned within 6
months for Solar PV and 13 months for STP from the date of Signing of
the PPA or 8 m o n t h s f o r S o l a r P V a n d 15 months for STP
from the date of issue of LoI for Soalr PV and STP respectively.
Delay of 1 month ___ Rs. 2 lakhs/MW
Delay of 2 months ____ Rs. 3 lakhs/ MW
Delay of 4 months _____ Rs. 5 lakhs/MW

H:\Solar-051212\AP solar bid document_original__after meeting_281112.doc

88