RfS for Setting up of 500 MW/1000 MWh Standalone

Battery Energy Systems under Tariff Based Global

Competitive Bidding in the premises of Power Projects
Owned by RVUNL and GSS of RVPNL along with
additional Green Shoe option of 500 MW/1000 MWh
with Viability Gap Funding Support” under “BOO”
model.

Rajasthan Rajya Vidyut Utpadan Nigam Limited (RRVUNL)

NIT:TN-34/2024-25
 DISCLAIMER

1. RVUNL has been appointed by Energy Department of Rajasthan as the BESS Implementing Agency
for the projects included in this tender and authorized to sign the BESPA on behalf of RUVITSL.
RVUNL shall be the Intermediatory procurer for using the Energy Storage Facilities and
charging/discharging the BESS in line with respective agreements with the BESSD and buying
entities. For this tranche, 100% of the awarded capacity shall be off taken by the buying entities.
2. Though adequate care has been taken while preparing the RfS document, the Bidder(s) shall satisfy
themselves that the document is complete in all respect. Intimation regarding any discrepancy shall
be given by the prospective Bidders to the office of Rajasthan Vidyut Utpadan Nigam Limited
(RVUNL) immediately. If no intimation is received from any Bidder prior to the last date for seeking
the clarification, it shall be considered that the document is complete in all respect and has been
received/ acknowledged by the Bidder(s).
3. RVUNL reserves the right to modify, amend or supplement this document.
4. This RfS document has been prepared in good faith, and on best endeavor basis. Neither RVUNL nor
their employees or advisors make any representation or warranty, express or implied, or accept any
responsibility or liability, whatsoever, in respect of any statements or omissions herein, or the
accuracy, completeness or reliability of information, and shall incur no liability under any law, statute,
rules or regulations as to the accuracy, reliability or completeness of this document, even if any loss
or damage is caused by any act or omission on their part.
5. This RfS is not an agreement and is neither an offer nor invitation to the prospective Bidders or any
other person. The purpose of this RfS is to set the terms for the selection process and to provide
Bidders with information that may be useful to them in preparation and submission of their Bids.
6. The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
bid, including but not limited to preparation, copying, postage, delivery fees or any other costs incurred
in connection with or relating to its bid. All such costs and expenses will remain with the Bidder and
the authority shall not be liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by a Bidder in preparation of submission of the bid, regardless of the conduct or
the outcome of the bidding process.
7. In case of any discrepancy in the Bidding documents uploaded on the websites of RVUNL, e-bidding
portal of Rajasthan (The link for same is https://www.eproc.rajasthan.gov.in), the documents
uploaded on the https://www.eproc.rajasthan.gov.in website will prevail.

Place: Jaipur Date:

Page 2 of 123
 BID INFORMATION SHEET
The brief details of the RfS are as under:

1. RfS for “Setting up of 500 MW/1000 MWh Standalone Battery

Energy Systems under Tariff Based Global Competitive
NAME OF WORK/
Bidding in the premises of Power Projects Owned by RVUNL
(A) BRIEF SCOPE OF
and GSS of RVPNL along with additional Green Shoe option
WORK/ JOB
of 500 MW/1000 MWh with Viability Gap Funding Support”
under “BOO” model
2. The Projects will be set up under “BOO” model.

(B) RfS NO. & DATE dated:

TYPE OF BIDDING
(C)
SYSTEM Single Stage Bidding with Two Envelopes

E-TENDER Yes
TYPE OF RfS/
(D)
TENDER
MANUAL

(E) COMPLETION/ As mentioned in RfS Document

CONTRACT PERIOD

APPLICABLE Yes
TENDER
PROCESSING NOT APPLICABLE
(F)
FEE (RISL)
(NON-REFUNDABLE) Amount: INR 2,500/- + 18% GST (Indian Rupees Two Thousand
Five Hundred Only) including GST shall be submitted through
NEFT/ RTGS transfer in the account of RVUNL.

APPLICABLE Yes
TENDER DOCUMENT
(G)
FEE NOT APPLICABLE

Rs. 15 Lakh + 18% GST for total Project capacity quoted by

Bidder, shall be submitted through NEFT/RTGS transfer in the
account of RVUNL.

Page 3 of 123
 APPLICABLE Yes
EARNEST MONEY
(H) DEPOSIT (EMD) NOT APPLICABLE

Amount: INR 10.7 Lakhs/MW shall be submitted in the form of

Bank Guarantee.
Bidders selected by RVUNL based on this RfS shall submit
PERFORMANCE Performance Bank Guarantee (PBG) for a value INR 26.5
(I) Lakhs per MW), prior to signing of BESPA as per terms of RfS.
BANK GUARANTEE

DATE, TIME & VENUE As per date & time mentioned on eProcurement portal of
(J) OF PRE-BID Rajasthan. Bidders shall submit their queries on or before to
MEETING RVUNL through email.

OFFLINE & ONLINE Applicable as per NIT on eProcurement portal

(K) BID-SUBMISSION
DEADLINE
TECHNO- As per NIT on eProcurement portal
(L) COMMERCIAL BID
OPENING
e-Reverse Auction (e- Will be informed to eligible Bidders.
(M)
RA) Date and time of e-RA shall be intimated through email.
Name, Designation, Naveen Agarwal,
Address and other Executive Engineer (NPP)
(N) details RVUNL, Room 409, 4th Floor, Dreamax Plaza, Sahakar
Marg, Jaipur-302005
(For Submission of Mob-09413349551
Response to RfS) Email: sesplcell@rrvun.com
Details of persons to Pawan Kumar Chauhan,
be contacted in case Assistant Engineer (NPP)
(O) RVUNL, Room 409, 4th Floor, Dreamax Plaza, Sahakar
of any assistance
required Marg, Jaipur-302005
Mob-8875515992
Email: sesplcell@rrvun.com

1. Bidders are required to quote strictly as per terms and conditions of the RfS documents and not to
stipulate any deviations/ exceptions.
2. Any Bidder, who meets the Qualifying Requirement and wishes to quote against this RfS, may
download the complete RfS document along with its amendment(s) and clarifications if any, from
eProcurement portal of Rajasthan /or RVUNL website - www.energy.rajasthan.gov.in/rrvun
and submit their Bid complete in all respect as per terms & conditions of RfS Document on or
before the due date of bid submission.
3. Clarification(s)/ Corrigendum(s) if any shall also be available on the above referred websites.
Bidders are requested to remain updated for any notices/ amendments/ clarifications etc. to the
RfS document through the website eProcurement portal of Rajasthan /or RVUNL website -

Page 4 of 123
www.energy.rajasthan.gov.in/rrvun. No separate notifications will be issued for such notices/
amendments/ clarifications etc. in the print media or individually.

Page 5 of 123
 SECTION 1.
INTRODUCTION & INVITATION FOR BIDS

1) Background & Introduction

a) Rajasthan Rajya Vidyut Utpadan Nigam Limited (RRVUNL) has been entrusted with the job of
development of power projects under state sector, in the state along with operation & maintenance
of state-owned power stations. Government of Rajasthan constituted the Rajasthan Rajya Vidyut
Utpadan Nigam Ltd. (RRVUNL) under Companies Act-1956 on 19th July, 2000. The Nigam is
since playing lead role in giving highest priority to the power generation for manifold and rapid
development of the state.

The generating Stations of RVUNL have acquired a distinctive reputation in the country for their
efficient and economic power generation.
For detailed profile of company and past financial results, Bidders may visit our website: website:
http://energy.rajasthan.gov.in/rvunl.
Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL) an undertaking of Govt. of Rajasthan is
engaged in power generation under State Sector having following Power projects.
Capacity
S.No. Name of Power Plant
(MW)
i Kota Super Thermal Power Station (KSTPS), Kota 1240
Suratgarh Super Thermal Power Station (SSTPS),
ii 1500
Suratgarh
Suratgarh Supercritical Thermal Power Project (SScTPP),
iii 1320
Suratgarh
iv Chhabra Thermal Power Project (CTPP), Chhabra 1000
Chabbra Supercritical Thermal Power Project (CScTPP),
v 1320
Chabbra
vi Kalisindh Thermal Power Project (KaTPP), Jhalawar 1200
vii Dholpur Combined Cycle Power Project (DCCPP), Dholpur 330
viii Ramgarh Gas Thermal Power Project (RGTPP), Jaisalmer 273.50
ix Giral Lignite Power Limited (GLPL), Barmer 250
x Mahi Hydel Power Station, Banswara 140

b) With various global developments in technology and manufacturing, Renewable Energy (RE) has
become the most affordable and cheapest source for meeting energy requirements. India has been
expanding its installed RE capacity with the aim of reaching 500 GW by 2030.

c) RE from sources like solar and wind is variable and not available round the clock like thermal
power to meet the demand. Energy Storage Systems (ESS) are necessary to address this
challenge by storing excess energy when not needed and supplying it during peak demand
periods. As reliance on RE increases, the grid experiences stress during evening and morning
peaks when sufficient RE is not available, necessitating additional power dispatch. ESS plays a
vital role in successfully integrating RE into the grid and assisting grid operators in managing these
fluctuations in demand and RE supply. ESS connected to solar pooling stations also help in
maximizing the capacity utilization of RE transmission systems.

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 d) The above aspects rightly point out to the next course of direction of India‟s energy planning
methodology-integrating Energy Storage Systems (ESS) with existing and upcoming RE capacity
in order to optimize generation mix while also better utilizing the transmission infrastructure in the
country. With respect to increasing the storage component in the energy mix, CEA‟s Report on
identification of usage of storage as business case and for ancillary services, identifies Pumped
Hydro Storage System (PSP) and Battery Energy Storage Systems (BESS) as the commercially
deployed solutions for providing requisite storage capacity. CEA‟s Report on Optimal generation
capacity mix for the year 2029-30 (Version 2.0), released in April 2023, envisages a total installed
Battery Energy Storage capacity of 41,650 MW/208,250 MWh as part of the installed capacity in
2029-30. This will be in addition to 18,986 MW of Pumped Hydro Storage System envisaged to be
a component of the installed capacity in 2029-30.

e) Going forward, the planning process for transition to a greener energy mix in the country would
entail integrating the planned Renewable capacity into India‟s energy grid while ensuring its safety
and reliability. Apart from Pumped Hydro Storage Plants, BESS are envisaged to be significant
element of the future grid with increased share of renewable energy in accordance with the target
of 500 GW of non-fossil-based capacity to be installed by 2030. BESS assets can provide the
required flexibility in generation apart from ensuring the resource adequacy. Besides, Energy
Storage Systems also have the potential to enable better utilization of the country‟s transmission
network and reducing network infrastructure footprint.

f) Guidelines for Implementation of the RfS

This RfS document has been prepared based on the Guidelines for “Procurement and Utilization
of Battery Energy Storage Systems as part of Generation, Transmission and Distribution assets,
along with Ancillary Services”, issued by Ministry of Power vide Gazette Notification dated
10.03.2022 and subsequent amendments and clarifications issued thereto until the bid submission
deadline for this RfS and operations guidelines for Scheme for Viability Gap Funding for
development of Battery Energy Storage Systems dated 15th Mar 2024. RVUNL has issued this
RfS in the capacity of “BESS Implementing Agency (BIA)” as defined in the aforementioned
guidelines.

g) RVUNL seeks to utilize energy storage systems, on an “On-Demand” basis, suited to the
requirements of the state during the peak and off-peak hours. In view of the above, RVUNL hereby
invites proposals for setting up of STU-connected Projects of Standalone Battery Energy Storage
Systems (BESS), for an aggregate storage capacity of 1000 MWh (500 MW x 2 hours) with
complete 2 cycles charging/discharging operation of BESS, additional Green Shoe Option with
1000 MWh (500 MW x 2 hours) with 2 cycles charging/discharging. RVUNL (Referred also as
“Buying Entity”) shall enter into a Battery Energy Storage Purchase Agreement (BESPA) with the
Successful Bidders selected based on this RfS, for providing Energy Storage facility to RVUNL as per
the terms, conditions, and provisions of the RfS and BESPA.
h) RVUNL reserves the rights at the discretion for allotment / non-allotment of additional capacity up
to quoted capacity by Successful Bidders, cumulative of 500 MW/1000 MWh under „Green shoe
Option‟ is also solely vested with RVUNL. Further, RVUNL may offer the Greenshoe Option to
Successful Bidders, and they need to accept or reject the Option within 1 week and communicate
their decision through a formal written letter. For the Greenshoe Option, Successful Bidders need
to match L1 rates and will be given the final right to select the project location after all Successful
Bidders under the bucket of 500 MW/1000 MWh have met their requirements in order of their
placement in the bucket.

Page 7 of 123
 i) Battery Energy Storage System Developers (hereinafter referred to as BESSDs) selected by
RVUNL based on this RfS, shall set up the BESS on Build Own Operate (BOO) basis in accordance
with the provisions of this RfS document and standard BESPA. BESPA formats shall be available
for download from the (https://www.eproc.rajasthan.gov.in)

j) The Bidders will be free to avail fiscal incentives like Accelerated Depreciation, Concessional
Customs and Excise Duties, Tax Holidays etc. available if any for such Projects. The same will not
have any bearing on comparison of bids for selection. As equal opportunity is being provided to all
Bidders at the time of tendering itself, it is up to the Bidders to avail various tax and other benefits.
No claim shall arise on RVUNL for any liability if Bidders are not able to avail fiscal incentives and
this will not have any bearing on the applicable tariff. RVUNL shall not bear responsibility for any
availability or non-availability of fiscal incentive and submission of the bid by the Bidder shall be
independent of such availability or non-availability as the case may be of the fiscal incentives.

k) Already commissioned projects cannot be considered under this RfS. Projects under construction
or projects which are not yet commissioned will, however, be considered, in case these projects
are not already accepted under any other Central or State Schemes. Enhancement and
augmentation of already commissioned Projects, irrespective of their capacities will not be
considered as eligible Project under this scheme. The battery capacity being installed under this
tender cannot be used by the developer as part of the installed Project capacity demonstrated
under any other tender concluded by any Central or State Agency as on the last date of bid
submission of this RfS.

l) Viability Gap Funding

Projects selected under this RfS shall be eligible for grant of Central Financial Assistance in the
form of Viability Gap Funding (VGF), to be released as per the provisions contained in this RfS.
The VGF support has been earmarked for a cumulative BESS capacity for Rajasthan of 1,000
MWh, to be awarded through several tranches. This RfS is part of the 1st tranche in the above
series of tenders.

2) Invitation for Bids

a) A Single Stage, Two-Envelope competitive Bidding Procedure will be adopted and will proceed as
detailed in this document. The respective rights of RVUNL and the Bidder/BESSD shall be
governed by the RfS Documents/Agreements signed between RVUNL and the BESSD.

b) Interested Bidders have to necessarily register themselves on e-procurement portal of Rajasthan

(www.eproc.rajasthan.gov.in) to participate in the bidding under this invitation for bids. It shall be
the sole responsibility of the interested Bidders to get themselves registered at the aforesaid portal
for which they are required to contact on e-procurement portal of Rajasthan
(www.eproc.rajasthan.gov.in) to complete the registration formalities.
They may obtain further information regarding this RfS from the Office of Superintending
Engineer (NPP), RVUNL, Room No. 504, 5th Floor, Dreamax Plaza, Sahakar Mark, Jaipur from
10:00 hours to 17:00 hours on all working days.

For proper uploading of the bids on e-procurement portal of Rajasthan, it shall be the sole
responsibility of the Bidders to apprise themselves adequately regarding all the relevant
procedures and provisions as detailed in the portal as well as by contacting on e-procurement
portal of Rajasthan directly, as and when required, for which contact details are also mentioned
on the Bid Information Sheet. RVUNL in no case shall be responsible for any issues related to

Page 8 of 123
 timely or properly uploading/ submission of the bid in accordance with the relevant provisions of
the Bidding Documents.

c) Bidders should submit their bid proposal complete in all aspect on or before last date and time of
Bid Submission as mentioned on e-procurement portal of Rajasthan, website -
www.energy.rajasthan.gov.in/rrvun, indicated in the Bid Information Sheet.

d) Bidder shall submit bid proposal along with non-refundable RfS Document Fees and Bid
Processing Fees and Earnest Money Deposit (EMD) complete in all respect as per the Bid
Information Sheet. Bid proposals received without the stipulated RfS Document Fees, Bid
Processing Fees and EMD, will be rejected. In the event of any date indicated being declared a
holiday, the next working day shall become operative for the respective purpose mentioned
herein.

e) RfS documents which include Eligibility Criteria, Technical Specifications, various Conditions of
Contract, Formats etc. can be downloaded from on e-procurement portal of Rajasthan or from
website - www.energy.rajasthan.gov.in/rrvun. Any amendment(s)/corrigendum(s)/clarification(s)
with respect to this RfS shall be uploaded e-procurement portal of Rajasthan or from website -
www.energy.rajasthan.gov.in/rrvun. The Bidder should regularly check for any
Amendment(s)/Corrigendum(s)/Clarification(s) on the above-mentioned e-procurement portal of
Rajasthan or from website - www.energy.rajasthan.gov.in/rrvun. However, in case of any
discrepancy, the information available e-procurement portal of Rajasthan
(www.eproc.rajasthan.gov.in) shall prevail.

f) RVUNL shall conduct e-Reverse Auction (e-RA) as per provisions of RfS documents.
g) RVUNL reserves the right to cancel/ withdraw/ defer this invitation for bids without assigning any
reason and shall bear no liability whatsoever consequent upon such a decision.

h) Interpretations

1. Words comprising the singular shall include the plural & vice versa.

2. An applicable law shall be construed as reference to such applicable law including its
amendments or re-enactments from time to time.

3. A time of day shall save as otherwise provided in any agreement or document be construed as
a reference to Indian Standard Time.

4. Different parts of this contract are to be taken as mutually explanatory and supplementary to
each other and if there is any differentiation between or among the parts of this contract, they
shall be interpreted in a harmonious manner so as to give effect to each part.

5. The table of contents and any headings or subheadings in the contract has been inserted for
case of reference only & shall not affect the interpretation of this document.

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 SECTION 2. SPECIAL CONDITIONS OF CONTRACT
3) Scope of Work

a) Under this RfS, the BESSD shall be required to set up a Battery Energy Storage System (BESS),
with the primary objective of making the energy storage facility available to RVUNL for
charging/discharging of the BESS, on an “on demand” basis. Detailed criteria for performance are
elaborated in Clause 8 of the RfS.

b) Setting up of the BESS and interconnection of the BESS with the STU network will be under the
scope of the BESSD. This RfS is technology agnostic on the nature of battery storage system
being opted by the BESSD, as long as it meets the definition of BESS under this RfS and the
required performance criteria under the RfS and BESPA.

c) Charging and discharging of the BESS system will be under the scope of RVUNL. The BESS shall
be charged by drawing power from RVPN and discharged by injecting power into the RVPN
network in accordance with the dispatch instructions issued by SLDC and RUVITSL in
consultation with RVUNL.

4) Total capacity offered and Project sizing.

a) Selection of BESS Projects for a total capacity of 500 MW/1000 MWh will be carried out through e-
bidding followed by e-Reverse Auction process. The minimum bid size shall be 250 MWh i.e. 125
MW x 2 hours. Each location specified in Appendix F shall have a maximum of 125 MW/250 MWh.

b) For every 125 MW/250 MWh BESS project, only 17500 sq. meter land will be allotted to the
BESSD.

c) The selection of Project Developers will be carried out based on the Project Capacity offered by
the Bidders. In this context, the term “Project” used anywhere in the RfS, BESPA, will solely mean
the BESS, set up by the BESSD to make available the Contracted Capacity as agreed to in the
BESPA.

d) For a specified Contracted Capacity, any oversizing of the BESS over the minimum rated Energy
capacities required under this RfS is left to the discretion of the BESSD. However, it is to be noted
that, at the time of commissioning, rated capacity of the BESS (Power and Energy) to be installed
as indicated in the BESPA, will be verified.

e) RVUNL may offer Green Shoe Option to Successful Bidders, and they need to accept or reject the
Option within 1 week and communicate their decision through a formal written letter. For the
Greenshoe Option, Successful Bidders need to match L1 rates and will be given the final right to
select the project location after all Successful Bidders under the bucket of 500 MW/1000 MWh
have met their requirements in order of their placement in the bucket.

5) Maximum Contracted Capacity Allocation for a Bidder

Following conditions shall be applicable to the Bidders for submission of bids against this RfS:

a) The total capacity of 500 MW/1000 MWh shall be set up at locations, as shown in Appendix F. A
Bidder, including its Parent, Affiliate or Ultimate parent or any Group Company shall submit a
single bid offering a Project Capacity of either one project or multiple projects out of the total
capacity of 250 MW/500 MWh in the prescribed formats.

b) Land shall be provided through Right-of-Use basis by RVUNL to the developer for the duration of

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 the BESPA, at an annual lease charge of INR 1 per plot per year. The L1 Bidder, as discovered
after the e-Reverse Auction, shall have the first right followed by other Bidders based on ranking,
to select a location for its allocated project, from the locations offered in the RfS.

Note: In case a common Company/Companies directly or indirectly hold(s) more than 10% but
less than 26% shareholding in more than one Bidder participating in the RfS, each of such Bidders
will be required to submit the Disclosure as per Format 7.8A. In all other cases, Format 7.8 will be
applicable.

c) The cumulative Project Capacity to be allocated to a Bidder including its Parent, Affiliate or Ultimate
Parent or any Group Company shall be limited to 250 MW/500 MWh. The evaluation of bids shall
be carried out as described in Section-5 of RfS. The methodology for Allocation of Projects is
elaborated in Section-5 of RfS.

d) Subject to the exception as per Clause 5) of Section 2 above, multiple bids from same company
including its Parent/ Ultimate Parent/Affiliates/Group Companies shall make all the bids submitted
by the group invalid

e) Project Developer Eligibility: Both public and private sectors should participate in the tender and
that there should be at least one bid from a private sector participant in every tranche, failing which
the bid shall be cancelled and tender will be floated afresh.

6) Project Location

a) The total project capacity of 500 MW/1000 MWh shall be located at RVUNL generation stations at
Giral Lignite Power Project, Barmer and Suratgarh Thermal Power Station, Suragarth, RVPNL
GSS Sakatputa, Kota and RVPNL GSS, Heerapura, Jaipur (as per information mentioned in
Appendix F), in the state of Rajasthan. Land identification and allocation for projects will be under
the scope of RVUNL in consultation with RVPNL for GSS.

b) The above land area will be given to the BESSD for Right of Use (RoU) within 60 days from
Effective Date of the BESPA. In case of any delay in signing of ROU agreement of land to the
BESSD, the Financial Closure and Commissioning milestones will be suitably extended.

c) The GA layouts and single line diagrams of RVUNL generation stations and RVPNL GSS are
enclosed as part of Appendix F, clearly showing the area to be allocated for BESS.

d) BESSD shall make necessary arrangements for approach roads, balance of plant, etc. without
hindering the activities of the generation station.

e) As Battery Energy Storage Solutions are prone to fire hazard, the BESSD shall provide suitable
means such as fire barriers between switchyard and BESS to ensure adequate safety.

f) Contact details of concerned officers from RVUNL for the site visit are as follows:
1. For Giral Lignite Thermal Power Project –
i. Sh. Khemraj Parihar- 9413349755, XEN (CIVIL)
ii. Sh. Laxman Ram- 9413342741, XEN (Electrical)

2. For Suratgarh Thermal Power Projects

i. Sh. Rakesh Mehla- 9413340368, XEN (CIVIL).
ii. Sh C.P. Meena-9413342239, XEN (Electrical)

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 3. For RVPNL
i. Sh. P.K Ujjenia, XEN 400 kV GSS, Heerapura, Jaipur
ii. S. Lalit Chittora, XEN, 9414274689, Sakatpura, Kota
iii. Sh. Harshit Nagr, AEN, 9413382080, Sakatputa, Kota
7) Connectivity with the Grid

a) The Project should be designed for interconnection with the STU network in accordance with the
prevailing RERC regulations in this regard. For interconnection with the grid and metering, the
BESSD shall abide by all rules and regulations framed under the Electricity Act, 2003 including the
applicable Grid Code, Grid Connectivity Standards, Regulations on Communication System for
transmission of electricity and other Regulations/Procedures (as amended from time to time)
issued by Appropriate Commissions and Central Electricity Authority (CEA). Minimum voltage for
interconnection at the STU shall not be less than 220 kV. BESSD shall also comply with the
requirements mentioned in the First Time Charging (FTC) and synchronization regulations/rules
issued by the Government, as amended from time to time.

b) The responsibility of getting the STU network connectivity shall entirely be of the BESSD and shall
be at the cost of the BESSD. Such availability of transmission system being dynamic in nature, the
Bidder has to ensure actual availability of power injection/evacuation capacity at STU/RVPN
transmission system. The transmission of power up to the point of interconnection where metering
is done for energy accounting, shall be the responsibility of the BESSD at its own cost. The
maintenance of Transmission system up to the interconnection point shall be responsibility of the
BESSD, to be undertaken entirely at its own cost.

c) The entire cost of construction of infrastructure from the Project up to and including at the
Interconnection Point, including but not limited to the transmission line, maintenance & all cost up
to the delivery point shall be borne by the BESSD. The maintenance of the Transmission system
up to the interconnection point shall be the responsibility of the BESSD, to be undertaken entirely
at its cost and expense. The RLDC/SLDC/Scheduling charges, connectivity and other charges
shall be payable by BESSD. For transmission of power during charging / discharging of BESS,
transmission charges, and losses applicable as per the relevant regulations, beyond the delivery
point will be borne by RVUNL/RUVITSL. All expenses including wheeling charges and losses in
relation to transmission and distribution beyond the Metering Point shall be borne by
RVUNL/RUVITSL. Applicability of the charges and losses on charging and discharging of power
shall be governed as per the regulations from time to time. Arrangements shall be put in place
prior to commissioning of project as regards the methodology for billing these expenses directly to
RVUNL

d) The BESSD shall be required to follow the Connectivity Procedure as per the applicable
Regulations issued by RERC/CERC/CEA as amended from time to time.

e) Metering arrangement of each project shall adhere to relevant clauses of BESPA

f) In case two or more Bidders are selected for development of project at any project location,
RVUNL may stipulate scheme with common evacuation infrastructure (Pooling of Projects) with
main meter at delivery point and project wise meter at output level of each project. The losses up
to the delivery point will have to be shared by the developers in the ratio of energy recorded at
project level meters

g) RVUNL shall stipulate necessary safeguards mandating that no project shall charge their BESS
systems while other project(s) sharing common evacuation infrastructure are discharging their

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 BESS systems

h) In case of sharing of infrastructure, if the failure of one BESSD results in any interruption in
charging/discharging, such interruption shall not be attributed to the BESSD. The non-availability
during the time to restore the interruption shall be accounted only for BESSD responsible for
interruption

i) The BESSD shall comply with RERC regulations on Forecasting, Scheduling and Deviation
Settlement, as applicable. The scheduling of power to/from the Project as per the applicable
regulation shall be decided by RVUNL/RUVITSL. However, any DSM penalties due to violation of
the schedule of charging or discharging of the BESS shall be to the account of the BESSD. DSM
penalties, if any, shall be levied separately on the respective entities as applicable, at their
respective ends for the charging and discharging activities. Any consequential liability on RVUNL in
respect of charging/ discharging power purchase/ sale due to Deviation (DSM) at BESSD end shall
be to the account of BESSD.

j) In order to remove potential discrepancies and ambiguities, the BESSDs are hereby instructed
that, as part of scheduling of power to/from the Project, they will be required to punch-in their
respective schedules and subsequent revisions, by themselves, at the interfaces of all the SLDC
concerned for the corridor of power flow, as per the Regulations in force, under intimation to
RVUNL. RVUNL may facilitate in identification of any discrepancy and assist the BESSD for its
early rectification without any liability on RVUNL. The BESSD shall be solely responsible for
discrepancy identification and its rectification to avoid any rejection/less payment of invoices.
k) DSM penalties, if any, shall be levied separately on the BESSD as applicable, at their end for
charging and discharging activities
l) Reactive power charges shall be on account of the power source/BESSD as applicable, at their
respective ends during charging and discharging, as per RERC regulations.

m) The BESSD shall be required to follow the applicable procedure for grant of connectivity as issued
by RERC/CERC/CEA as amended from time to time. The BESSDs will be required to apply for
connectivity at the identified locations within 30 days of Effective Date of BESPAs and shall furnish
copies of the application as well as granted connectivity, to RVUNL at the earliest. In case the
BESSD fails to obtain connectivity at its identified location, the same shall be immediately notified
by the BESSD to RVUNL. At least 30 days prior to the proposed commissioning date, the BESSD
shall be required to submit the Connection Agreement signed with the STU.

8) Performance Criteria of the Project (BESS ratings and model illustrations assume a tendered
capacity of 500 MW/1000 MWh.)
a) Project performance parameters

1. The Contracted Capacity of the Project shall be in terms of “MW”, which shall also be referred to
as the Project Capacity. RVUNL‟s obligation shall be for off-take of entire Contracted Capacity
and energy at Delivery point.

2. For example, for a Project Capacity of 100 MW/200 MWh, Contracted Capacity shall be 100
MW/200 MWh under the BESPA. Accordingly, for a Contracted Capacity of 100 MW, the BESPA
shall entitle the off taker to schedule discharge up to 200 MWh of energy from the BESS in each
cycle, subject to the following:

i. RVUNL will schedule charging of the BESS with equal amount of energy plus energy

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 expected to be lost as conversion losses (determined from the guaranteed Round-Trip
Efficiency (RtE)of the system).

Illustration: For a Contracted Capacity of 100 MW/200 MWh, assuming an RtE of 90%,
RVUNL shall supply charging power to the tune of 222.22 MWh, to expect a discharge of
200 MWh as per the desired schedule.

ii. Energy scheduled for discharge in a given cycle during a year shall be more than or equal
to the Min. Dispatchable Energy Capacity at the End of Year as specified in Clause 8.a.5.iii
below.

For example, during the 3rd Year after COD, the energy scheduled for discharge from 100
MW/200 MWh capacity shall be more than or equal to 100x0.925x2 = 185 MWh.

iii. Contracted capacity shall be the project capacity at delivery point. RVUNL shall provide the
charging energy factoring the RtE, as per specified RtE in RfS.

3. The total Project Capacity shall be for supply to and offtake by RVUNL and there will be no
merchant capacity. The BESS shall adhere to the specifications and performance requirements
laid out in Annexure-A of the RfS in this regard.

4. Power rating of a 1000 MWh (500 MW x 2 hours) BESS will be 500 MW, i.e., the maximum value
of the active output and input power at the Delivery Point. The Energy rating of the 1000 MWh
system will be the dispatchable capacity at COD of the system considering degradation of BESS
as provided in RfS, as measured at the Metering Point. Terms and definitions of terminologies
related to BESS shall be as defined in IEC 62933-2-1.

5. The BESSD shall make the BESS available for 2 operational cycles per day, i.e. 2 complete
charge-discharge cycles per day. Following provisions shall be applicable on the entire Project
Capacity guaranteed to be off taken by RVUNL:

The procurement shall be in power (MW) terms. The BESSD shall install, operate and maintain the
BESS to offer facility to RVUNL to charge and to discharge the BESS on an “on demand” basis.
The BESSD shall guarantee a minimum system availability of 95% on monthly basis. The
BESSD shall pay the liquidated damages for such shortfall, if any to RVUNL. Amount of such
liquidated damages shall be twice the Capacity Charges for the capacity not made available.

i. “Availability” of the Project shall mean the ability of the BESS to execute a function i.e.
charging or discharging, when called upon to do so, as per the schedule or signal provided
by the off-taker, subject to the minimum system ratings specified herein. In addition, the
BESSD shall also demonstrate, on annual basis, 100% of the minimum dispatchable
capacity of the BESS as required under Clause 8.a.5.iii below.

For a given BESPA, the Monthly availability guarantee shall commence from the date of
commissioning of the system and shall be calculated as below:

Monthly System Availability = Mean of the System availabilities of all time-blocks

during the month in which the off-taker has scheduled power for
charging/discharging the BESS.
Where,

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 System Availability in a time-block =

where
(a) i refers to the ith time-block in the year where Scheduled Injection/Drawl MUi ≠ 0.
(b) Actual Injection/Drawl MUi is the Actual Scheduled for Charging/Discharging in the ith
time-block, in MUs
(c) Scheduled Injection/Drawl MUi is the Energy Scheduled for Charging/Discharging in
the ith time-block, in MUs
(d) A and B shall be as per the DSM/UI Reports published by the SLDCs or
measurement at the Main ABT Meter at the Point of Interconnection.
System Monthly availability shall be calculated as per above. The liquidated damages
for system availability below 95% shall be settled on monthly basis and if it is not
able to settle in the same/ current month, it will be carried forward for settlement in
subsequent month(s).
ii. The BESSD shall guarantee a minimum AC to AC roundtrip efficiency (RtE) of 90% for
the system on monthly basis. The BESSD shall be liable for Liquidated Damages to the off-
taker, if any, on account of excess conversion losses, based on the following conditions:
(a) For RtE <75%, there shall be a liquidated damage @ 1.5 times of the average Market
Clearing Price(MCP) in peak hour (1830Hrs – 2230Hrs) in Day Ahead Market (DAM) of
Power Exchange for corresponding billing month period, levied upon the excess
conversion losses, considering system RtE = 90% and tariff payment for the
corresponding month shall not be made to the BESSD;

(b) For 75% ≤ RtE < 90%, there shall be a liquidated damage levied @ 1.5 times of the
average Market Clearing Price(MCP) in peak hour (1830Hrs – 2230Hrs) in Day Ahead
Market (DAM) of Power Exchange for corresponding billing month period, levied upon
excess conversion losses considering system RtE = 90%.

(c) For RtE > 90%, there shall be incentive @Rs. 0.50 per unit of excess discharge of
energy considering system RtE = 90%

Note: Average Market Clearing Price (MCP) in peak hour (1830Hrs – 2230Hrs) for Day
Ahead Market (DAM) shall be of the Power Exchange having 80% or more volume in the
DAM, applicable for the month of dispatch. In case no exchange has volume equal to or
more than 80%, the monthly weighted average of all power exchanges shall be taken for
determining peak hour prices.

System Roundtrip Efficiency =

Where,

j refers to the jth month in a year;

D ≠ 0;
D <= 2 x Ebess x (MDn-1 – (MDn-1 – MDn) x j/12)/ RtEg;

Ebess refers to Energy Rating specified in Clause 8.1.b. above;

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 MDn-1 refers to minimum guaranteed dispatchable energy at the end of the previous year
(as a % of Capacity at the COD specified in Clause 8.a.5.iii. below);

MDn refers to minimum guaranteed dispatchable energy at the end of the current year;

RtEg refers to the guaranteed Round-Trip Efficiency under the BESPA;

C and D shall be as per the DSM/UI Reports published by the Regional RPCs/SLDCs or
measurement at the Main ABT Meter at the Point of Interconnection.
Note:

 The Scheduled capacity shall be subject to the System Power Rating specified in
Clause 8.a above.
 The BESSD shall take separate, metered connection for the Auxiliary Power load of
BESS
or
The BESSD can draw auxiliary power from Interconnection point. Separate meter would
be arranged by BESSD to measure auxiliary consumption which will be billed by the
relevant DISCOM
iii. Taking into consideration capacity degradation, the minimum dispatchable energy to be
made available by the BESSD at the end of a given year shall be as follows:

Contract Year Min. Dispatchable Capacity at the end of Year (as a

% of Capacity at the Beginning of Life/Final COD)

1 97.5%

2 95.0%

3 92.5%

4 90.0%

5 87.5%

6 85.0%

7 82.5%

8 80.0%

9 77.5%

10 75.0%

11 72.5%

12 70.0%

iv. The nameplate ratings shall be achievable during discharge for the full range of
environmental conditions at the project site when the battery is fully charged. In any case,
the BESS shall be capable of being discharged at reduced power levels from that specified
above. However, the energy discharged from the battery shall not require to be greater
than the nameplate watt-hour rating specified herein. For example, during the end of the
3rd Year after COD, the energy scheduled for discharge from 250 MW capacity shall be
more than or equal to 250x0.925x2 = 462.5 MWh.
v. SLDC in consultation with RUVITSL and RVUNL shall, in accordance with Applicable

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 Laws and Regulations thereunder, issue instructions to the BESSD for dispatch of
electricity to the Grid during such period and in such volume as it may specify in its
instructions. The BESSD shall clearly specify the maximum recovery times required to
restore the BESS for functional availability between duty cycles. The maximum allowed
cooling time between Charge to Discharge or Discharge to charge would be 1 hr. However,
for one cycle recovery time shall not be more than 2 hours.
vi. Operational Window: Operational Window shall mean the expected hours/duration of
system (capacity) availability on each day during the term of the Contract, excluding:
a. Maximum BESS recovery time as specified in this document
b. Grid Outages (duly certified to this effect by the Grid Operator)
c. Planned Maintenance Outage duly informed by the BESSD to the off-taker with at least
one month‟s prior notice, subject to total no. of planned outage period being not more
than 34 hours in a two-month period.
vii. BESSD will have to comply with the Charging and Discharging Schedule as intimated by
RUVITL, in consultation with RVUNL.
viii. In addition to above, the BESSD shall also submit Available energy Test Report for the
Project Capacity as per IEC 62933-2-1 on Annual basis.
ix. It shall be the responsibility of the BESSD to make periodic replacements/replenishments
of system capacities at its own cost to ensure annual guaranteed system ratings, if and
when required, up to the Term of the Contract. Outage time as a result of replacement will
also be counted as an “Accountable BESS Outage” for the purpose of computing BESS
Availability.

6. Pursuant to the provisions as above, the BESSD shall plan the dispatch of electricity and convey
its availability for scheduling thereof by to the RLDC and shall supply electricity in accordance with
the provisions of the Grid Code and the Electricity Act, 2003. The BESSD shall adhere to all the
technical requirements as brought out in Annexure-A of the RfS. The BESS shall conform to all
the applicable CEA Standards for connectivity, metering, communication with the grid operators,
etc and CERC/SERC Regulations.

b) Shortfall in meeting Performance Criteria

Following provisions shall be applicable on the Contracted Capacity to be off-taken by RVUNL:
i. Shortfall in demonstrating minimum Availability: Subsequent to COD of full Project/Contracted
Capacity, in case the monthly Availability demonstrated by the BESSD is less than the
minimum as specified above, such shortfall in performance shall make the BESSD liable to
pay the liquidated damages provided in the BESPA to RVUNL.
Liquidated damages on account of shortfall in meeting the minimum system Availability criteria
as per Clause 8.a.5, will be computed as follows:
Liquidated damages in Rs.= (A – B) x C x D x 2
where,
A is Guaranteed Monthly Availability as per Clause 8.a.5.i above;
B is Actual Monthly System Availability, as calculated as per Clause 8.a.5.ii. above;
C is BESS Power Capacity;
D is Capacity Charges Rs/MW/month as discovered through bidding process;

In case the BESSD fails to meet the monthly RtE demonstration as per Clause 8.a.5.ii above,
additional Liquidated Damages for the unavailability of the required minimum RtE shall be
applicable for the entire month.

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 It is clarified that the calculation of Availability as per Clause 8.a.5.ii of the RfS will not include
the planned outage as declared by the BESSD under Clause 8.a.5.iii of the RfS. However, in
case the BESSD notifies any outage outside the planned outage hours, while RVUNL may not
actually schedule any power injection/drawl during those outage hours, such hours will be
covered in calculating the Monthly Availability as per Clause 8.a.5.i.

For example, in case the BESSD notifies outage for 10 hours outside the total allocated quota
of planned outage amounting to (34 x 6) hours, i.e. 204 hours, the denominator of the formula
in Clause 8.a.5.ii above will include the time-blocks corresponding to these 10 hours, and
exclude the 204 hours of planned outage.

However, this damage shall not be applicable in events of Force Majeure identified under the
BESPA with RVUNL, affecting the availability of the system.

ii. Shortfall in demonstrating minimum Round-trip-Efficiency: The provisions as per Clause

8.a.5.ii of the RfS shall be applicable in this case.

9) Commissioning of Projects
The Commissioning of the Project shall be carried out by the BESSD in line with the procedure as
per the BESPA. RVUNL may authorize any individual or committee or organization to witness and
validate the commissioning procedure on site. Commissioning certificates shall be issued by
RVUNL after successful commissioning. The BESSD shall obtain necessary safety clearances from
the Central Electricity Authority/CEIG prior to commissioning of the Project.

a) Part Commissioning
Part commissioning of the Project, without imposition of any liquidated damages in terms of the
BESPA, shall be accepted by RVUNL subject to the condition that the minimum part commissioning
capacity for the 1st part will be 50 MW. The total number of instalments in which a Project can be
commissioned will not be more than 3, i.e., 1st initial instalment of 50 MW and 2 subsequent
instalments.

However, the SCD will not get altered due to part commissioning. Irrespective of dates of part
commissioning or full commissioning, the BESPA will remain in force for a period as per Clause
22.4 of the RfS.
b) Commissioning Schedule and Penalty for Delay in Commissioning

1. The Scheduled Commissioning Date (SCD) for commissioning of the full capacity of the Project shall
be the date as on 18 months from the Effective Date of BESPA (for e.g. if Effective Date of the
BESPA is 05.07.2024, then SCD shall be 05.01.2026).
2. The maximum time period allowed for commissioning of the full Project/Contracted Capacity with
applicable penalty, shall be limited to the date as on 6 months from the SCD or the extended SCD
(if applicable).
3. In case of delay in commissioning of the Project beyond the SCD until the date as per Clause 9.b.2
above, as part of penalty, the total PBG/POI amount for the Project shall be encashed on per-day-
basis and proportionate to the balance capacity not commissioned. For example, in case of a Project
Capacity of 125 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond
the SCD, then the penalty shall be calculated as: PBG amount X (100/125) X (18/180). For the
purpose of calculations of penalty, „month‟ shall be considered consisting of 30 days.

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 4. As an alternative to the above encashment of PBG/POI, the BESSD may choose to make a payment
of the amount corresponding to the penalty, directly to RVUNL. The BESSD shall intimate to
RVUNL, its chosen alternative out of the two options, within 10 business days of intimation of the
penalty amount to the BESSD, as calculated by RVUNL. In case no response is received from the
BESSD until the lapse of the above deadline, RVUNL shall encash the PBG/POI for the amount as
per the penalty.
5. In case the Developer chooses to make necessary payments in lieu of the penalty, the said payment
shall be credited to RVUNL account through NEFT payment, no later than 5 business days from the
above intimation by the BESSD. In case of non-payment by the developer within the above deadline,
the PBG will be encashed by RVUNL on the next business day.
6. In case Commissioning of the Project is delayed beyond the date as per Clause 9.b.2 above,
following shall be applicable:
i. The BESPA capacity shall stand reduced/amended to the Project Capacity commissioned until
the deadline as per Clause 9.b.2 above
ii. The entire PBG/POI will be encashed by RVUNL, and the BESPA for the Project shall stand
terminated for the balance un-commissioned capacity.
7. It is clarified that for the purpose of commissioning, the Project Capacity shall refer to the rated
capacity of the Energy Storage System as declared by the BESSD in the BESPA. Any reduction in
the Project Capacity on account of Clause 9.b.5. above, will have no bearing on the obligation of the
BESSD to provide the Contracted Capacity as per the BESPA.
8. It is to be noted that delay in commissioning / operationalization of the ESS charging source, solely
on account of the BESSD, shall not be admissible among the factors warranting an extension in
SCD of the Project.

10) Delay in Commissioning on Account of Delay in readiness of STU evacuation

infrastructure/Grid Access Operationalization
Subsequent to grant of connectivity, in case there is a delay beyond SCD of the Project, in readiness
of the STU substation at the Delivery Point, including readiness of the power evacuation and
transmission infrastructure of the STU network until SCD of the Project, or delay in
grant/operationalization of Grid Access, and it is established that:

i. The BESSD has complied with the complete application formalities as per Clause 7.d above,
ii. The BESSD has adhered to the applicable Regulations/Procedures in this regard as notified
by the SERC/STU, and
iii. The delay in grant of connectivity by the STU and/or delay in readiness of the STU
substation at the Delivery Point, including readiness of the power evacuation and
transmission infrastructure of the STU network, is a factor attributable to the
STU/transmission licensee and is beyond the control of the BESSD;

The above shall be treated as delays beyond the control of the BESSD and SCD for such Projects
shall be revised as the date as on 30 days subsequent to the readiness of the Delivery Point and
power evacuation infrastructure and/or operationalization of the Grid Access. Decision on requisite
extension on account of the above factor shall be taken by the STU.

In case of delay in commissioning of Project due to reasons beyond the reasonable control of the
BESSD, the RVUNL may extend the SCD after examining the issue on a case-to-case basis.

In case of delay in Project commissioning on account of reasons solely attributable to the BESSD,
resulting in any liquidated damages/penalty levied on the Buying Entity under the GNA Regulations,

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 such damages/penalty shall be passed on to and payable by the BESSD.

11) Early Commissioning

The BESSD shall be permitted for full commissioning as well as part-commissioning of the Project
even prior to the SCD. Early commissioning of the Project will be allowed solely at the risk and cost
of the BESSD, and RVUNL may purchase the capacity from such early commissioned Project at
the BESPA charges (for the Contracted Capacity),only in case RVUNL agrees to purchase the
capacity at an earlier date, and at the BESPA tariff plus RVUNL‟s facilitation charges in the form
of trading margin @ INR Seven paise per kWh.

As an incentive, if the project is commissioned within 12 months, RVUNL will purchase the
capacity at the BESPA tariff plus RVUNL‟s facilitation charges in the form of trading margin.

The developer shall give fifteen (15) days advance notice to the Procurer(s) regarding the advance
commissioning of full or part capacity. The Procurer(s) shall give acceptance for availing such
capacity within 15 days from the date of service of notice. In case the Procurer(s) do not give their
acceptance to purchase capacity within the stipulated period, the developer can sell the capacity
to the extent not accepted by RVUNL in the power exchanges or through bilateral arrangements.
In case BESSD sells storage capacity to third party, then RVUNL shall not be responsible for
providing charging power.

It is also provided that in case the Procurer(s) give their acceptance to purchase capacity, the
Procurer(s) will be accorded priority in availing such capacity.

If the BESS capacity is not off taken by the Buying entity upon early commissioning, BESSD shall
arrange for any augmentation of the Battery capacity to meet the capacity criteria mentioned at the
time of SCD (i.e. dispatchable capacity on SCD date shall be 100% of the Contracted Capacity)
and to maintain the capacity at the end of every year as indicated in Clause 8.1.d. iv. of the RfS.
Subject to the provisions of the BESPA, in case of early commissioning, if BESSD sells any capacity
to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per
the Commissioning Procedure) to RVUNL from the date of commencement of off-take of capacity
by RVUNL.

12) Viability Gap Funding Mechanism

a) In line with the sanction order, issued by the Ministry of Power dated 09.10.2024, Projects selected
under this RfS will be eligible for grant of Viability Gap Funding (VGF) support by the Government
for development of Battery Energy Storage Systems, and the same will be disbursed through the
RVUNL.

b) Under this RfS, the VGF amount eligible for each Developer shall be limited to the amount
calculated at INR 27 Lakhs/MWh (Rupees Twenty Seven Lakhs per MWh) or 30% of capital
cost for BESS, whichever is lower. For example, for a Project Capacity of 100 MW/200 MWh,
the maximum VGF amount to be sanctioned for the corresponding Project will be Rs. 54 Crores.
BESS Developer shall submit certificate for the capital cost incurred for the Project awarded
capacity, duly certified by the Statutory Auditors, within six months from the COD. In case VGF
sanctioned amount is more than 30% of the certified capital cost, then VGF sanctioned amount shall
stand revised to 30% of the certified capital cost and VGF disbursement amount shall be adjusted
in the subsequent tranches or recovered from developer, as applicable.

c) VGF will be sanctioned separately for each Project, based on the Project Capacity as defined in the

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 respective BESPA.

d) For each Project, disbursement of VGF will be carried out in 5 tranches, as follows:
% of total VGF
Disbursement of VGF
sanctioned
Upon achieving Financial Closure as per the BESPA, subject
to submission of Bank Guarantee to RVUNL and possession of 10
90% of the total land required for the Project by the BESSD
Upon achieving Commercial Operation Date (COD) of the
45
Project
Upon completion of 1st year after COD 15
Upon completion of 2nd year after COD 15
Upon completion of 3rd year after COD 15
Total 100

e) The VGF for each project shall be disbursed to RVUNL, once RVUNL certifies the achievement of
the disbursement schedule milestone and submission of the required Bank Guarantee by BESSD.
RVUNL shall disburse the tranche wise VGF to BESSD only after receipt of the same from the
Govt. of India and Submission of BG by BESSD as per Clause 12.f.

f) Bank Guarantee: The 1st tranche of VGF will be disbursed only after submission of Bank Guarantee
(BG) for 100% of the total VGF amount to RVUNL by the BESSD. This BG is in addition to the
Performance Bank Guarantee provided by the developer as per clause 19 of this RfS. Upon
achieving COD of the Project, the 2nd tranche of VGF shall be released. The BG will be retained by
the IA for a period of 5 years starting from the COD and will be returned after the end of 5 years,
taking into account recovery of VGF, if any.

g) If the BESSD fails to commission the project in the timeline provided in this BESPA, and project got
terminated after disbursement of the quantum of VGF, RVUNL will have full right to recover the total
amount of VGF being disbursed till the date of termination of BESPA plus interest @ SBI-MCLR (1
Year) plus five percent, as existing on the date of disbursement, accrued from the date of
disbursement on the disbursed amount. In case Project capacity is being reduced as per, recovery
of VGF amount shall be made on pro-rata basis corresponding to the capacity being terminated.

h) RVUNL will have the right to recover the VGF disbursed through encashment of BG, if the BESPA
gets terminated within the first 5 years after COD of the Project, on account of reasons solely
attributable to the BESSD. Irrespective of the year of termination within the first 5 years after COD,
the VGF amount to be recovered will be fixed as the amount disbursed until COD plus interest @
SBI-MCLR (1 Year) plus 5 percent, as existing on the date of disbursement, accrued from the date
of disbursement on the disbursed amount.

i) If the Project is transferred or sold to a third party during the above tenure, the BG will be re-issued
by the new entity, corresponding to the amount applicable. The sale/transfer of the Project shall be
effective only on submission of BG by new entity. However, this will be subject to prior approval of
sanctioning authority of Grants-in-Aid {Rule230(9)}, in view of the asset being acquired substantially
out of Government Grants.

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 SECTION 3. STANDARD CONDITIONS OF CONTRACT
13) Obtaining RfS Documents
Bidders who are interested in bidding can download tender document from
https:/eproc.rajasthan.gov.in or www.sppp.rajasthan.gov.in or RVUNL‟s website free of cost.

14) Cost of Documents & Bid Processing Fees

Prospective Bidders interested to participate in the bidding process are required to submit their
Project proposals in response to this RfS document along with a non-refundable processing fee as
mentioned in the Bid Information Sheet. A Bidder will be eligible to participate in the bidding process
only on submission of entire financial amounts as per the Bid Information Sheet as below:
i) RISL Processing fee of Rs. 2500/-+GST@18% (Rs. Two Thousand Five Hundred plus
GST@18%) in favor of Managing Director, RISL, Jaipur payable at Jaipur
ii) Prospective Bidders shall submit a non–refundable RfS fees of Rs 15.0 lakhs plus GST@
18% through DD in favour of Rajasthan Rajya Vidyut Utpadan Nigam, payable at Jaipur or
through RTGS/NEFT/Unified Payment Interface (UPI)(BHIM-UPI) ID/Unified Payment
Interface A Quick Response Code(UPI QR code)the details of which are as under:
SBI, A/C No. 61003055384, Bank Name State Bank of India Jaipur Collectorate Branch
IFSC Code: SBIN0031026,
UPI ID: 61003055384@sbi with Merchant Name: RAJSTHAN RAJYA VIDYUT UTPADAN

Bids submitted without cost of the RfS document and/or Bid Processing Fee and/or Bank
Guarantee/Payment on Order Instrument against Earnest Money Deposit (EMD) (including partial
submission of any one of the respective amounts), may be liable for rejection by RVUNL.

15) Project Scope & Technology Selection

Under this RfS, the BESSD shall set up the Project including the dedicated transmission network
up to the Interconnection/Delivery Point, at its own cost and in accordance to the provisions of this
RfS document. All approvals, permits and clearances required for setting up of the Project and/or
dedicated transmission network upto the Delivery Point (along with connectivity), including those
required from State Government and local bodies, shall be in the scope of the BESSD. The Projects
to be selected under this scheme provide for deployment of Battery Energy Storage Technology.
However, the selection of Projects would be technology agnostic within the above segment.

16) Connectivity with the Grid

Please refer Clause 7 of the RfS.

17) Clearances Required from the Central/State Government and Other Local Bodies
The BESSDs are required to obtain all necessary clearances and permits as required for setting up
the Projects, including but not limited to the following:
a. No Objection (NOC)/Environmental clearance (if applicable) for the Project.
b. Forest Clearance (if applicable) for the land for the Project.
c. Approval for water from the concerned authority (if applicable) required for the Project.
d. The BESSD shall abide by applicable Supreme Court Orders and MNRE‟s Guidelines on
“Retrofitting of transmission lines and wind turbines to avoid bird collision in Great Indian
Bustard (GIB) habitats of Rajasthan & Gujarat”, vide OM No. 238/2/2019-Wind dated 22nd Feb

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 2019, and subsequent amendments and clarifications thereof.
e. Any other clearances as may be legally required, in order to establish and operate the Project.

The above clearances, as applicable for the Project, will be required to be submitted to RVUNL prior
to commissioning of the Project, if sought by RVUNL. In case of any of the clearances as indicated
above being not applicable for the said Project, the BESSD shall submit an undertaking in this
regard, and it shall be deemed that the BESSD has obtained/applied for all the necessary
clearances for establishing and operating the Project. Any consequences contrary to the above
shall be the responsibility of the BESSD. The BESSD shall also comply with all the laws,
regulations, orders and procedures issued by the appropriate authority, applicable for setting up
and implementing the Project.

The BESSD shall be required to follow the applicable rules regarding project registration with the
State Nodal Agency in line with the provisions of the applicable policies/regulations of the State
where the Projects are being located. It shall be the responsibility of the BESSD to remain updated
about the applicable charges payable to the SNA under the applicable State policies.

Note: The BESSD should apply for all the necessary approvals, permits and clearances not more
than 90 days from the Effective Date of the BESPA, which shall be complete in all respects,
incorporating the clarifications/changes as required by the concerned authorities. The above
timeline shall be adhered to, in order to examine cases where the BESSD faces delay in grant of
the necessary approvals and permits, for a period substantially greater than the standard period of
grant of approval by the respective organizations.

a) In line with the O.M. issued by the Department of Expenditure, Ministry of Finance, vide No.
7/10/2021-PPD(1) dated 23.02.2023 and subsequent amendments and clarifications thereto, the
Bidder shall meet the following criteria for its bid to be considered for evaluation under the RfS:

1. Any Bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the Bidder is registered with the Competent Authority (as defined in the OM as
referred above).
2. Any Bidder (including an Indian Bidder) who has a Specified Transfer of Technology (ToT)
arrangement with an entity from a country which shares a land border with India will be eligible
to participate in this RfS only if the Bidder is registered with the Competent Authority under the
referred OM.
3. “Bidder” in this reference, means any person or firm or company, including any member of a
consortium, every artificial juridical person not falling in any of the descriptions of Bidders stated
hereinbefore, including any agency branch or office controlled by such person, participating in
this tender.
4. “Bidder from a country which shares a land border with India” for the purpose of this clause,
means:
i. An entity incorporated, established or registered in such a country; or
ii. A subsidiary of an entity incorporated, established or registered in such a country; or
iii. An entity substantially controlled through entities incorporated, established or registered
in such a country; or
iv. An entity whose beneficial owner is situated in such a country; or
v. An Indian (or other) agent of such an entity; or
vi. A natural person who is a citizen of such a country; or
vii. A consortium where any member of the consortium falls under any of the above.

5. “Beneficial owner” for the purposes of Clause 17.a.4.iv, above will be as defined in the referred

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 OM, including subsequent amendments and clarifications thereto.
6. In support of the above, the Bidder shall be required to submit necessary Undertaking, as per
Format 7.8/7.8A of the RfS.
7. Other provisions of the referred OM dated 23.02.2023, except Sl. 17 of the OM, will also be
applicable for this tender. Any interpretation of the above clauses will be made in line with the
referred OM, including subsequent amendments and clarifications thereto.

18) Bank Guarantee/ Payment on Order Instrument (POI) against Earnest Money Deposit (EMD)

a) Earnest Money Deposit (EMD) of INR 10.7 Lakhs / MW (Rupees Ten Lakhs and Seventy
Thousand per MW) per Project in the form of Bank Guarantee according to Format 7.3A and valid
for 12 months from the last date of bid submission, shall be submitted by the Bidder along with
their bid, failing which the bid shall be summarily rejected. The Bank Guarantees towards EMD
have to be issued in the name of the Bidding Company/ Lead Member of Bidding Consortium. In
the event of encashment of EMD, the encashed amount shall include all applicable taxes.

b) The Bidder shall furnish the Bank Guarantees towards EMD from any of the Scheduled
Commercial Banks as listed on the website of Reserve Bank of India (RBI) and amended as on
the date of issuance of bank guarantee. Bank Guarantee issued by foreign branch of a Scheduled
Commercial Bank is to be endorsed by the Indian branch of the same bank or State Bank of India
(SBI).

The EMD shall be valid as per the timelines stipulated above. However, shortfall in the EMD
validity, if any, up to a period of seven (7) days shall be acceptable. Further, an additional shortfall
only in the following cases shall be acceptable: If the Bidder has submitted the EMD with validity
as per original bid submission date or as per any revised submission date, and if the deadline for
submission of bids has been extended further, the Bid Guarantee shall be acceptable provided,
the EMD is valid for more than two months from the actual date of bid submission and the Bidder
submits the EMD extension for the requisite period within seven days from the date of actual bid
submission, if required.

c) RVUNL has agreed to accept the EMD in the form of an unconditional and irrevocable Bank
Guarantee instead of the cash deposit with the clear position intimated to the Bidder that the EMD
Bank Guarantee shall be encashable for being appropriated by RVUNL in terms of the guarantee
as in the case of appropriation of the cash deposit lying with RVUNL.

d) Forfeiture of EMD:

The BG towards EMD shall be encashed by RVUNL in following cases:

1. If the Bidder withdraws or varies the bid after due date and time of bid submission and during the
validity of bid;

2. In case, RVUNL offers to execute the BESPA with the Selected Bidder and if the Selected Bidder
does not submit the requisite documents as per Clause 22 of the RfS or does not execute the
BESPA within the stipulated time period;

3. If after issuance of LoA, it is found that the documents furnished by the Bidders as part of
response to RfS are misleading or misrepresented in any way;

4. If the Bidder fails to furnish required PBG/POI in accordance with Clause 19 of the RfS

e) Payment on Order Instrument (POI): As an alternative to submission of EMD as above, the

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 Bidder also has an option to submit a letter of undertaking issued by either of the following three
organizations, viz. (i) Indian Renewable Development agency Limited (IREDA) or (ii) Power
Finance Corporation Limited or (iii) REC Limited. This Letter of Undertaking shall be issued as
“Payment on Order Instrument” (POI), wherein the POI issuing organization undertakes to pay in
all scenarios under which the EMD would be liable to be encashed by RVUNL within the
provisions of RfS/BESPA. This instrument would have to be furnished as per Format 7.3 D of the
RfS, within the timelines as per Clause 18.a above, for the amount and validity period as per those
Clause 18.a above.
The term “Bank Guarantee (BG) towards/ against EMD” occurring in the RfS shall be read as “Bank
Guarantee (BG)/ Payment on Order Instrument (POI) towards/ against EMD”.

19) Performance Bank Guarantee (PBG)/ Payment on Order Instrument (POI)

a) Bidders selected by RVUNL based on this RfS shall submit Performance Bank Guarantee (PBG)
for a value of INR 26.5 Lakhs/- (INR Twenty Six Lakhs and Five Thousand per MW) , to
RVUNL, prior to signing of BESPA. It may be noted that Successful Bidders shall submit the PBG
according to Format 7.3B with a validity period upto (& including) the date as on 9 months after the
Scheduled Commissioning Date of the Project. Upon receipt and after successful verification of
the total PBG in the acceptable format, the BG submitted towards EMD shall be returned by
RVUNL to the Successful Bidder.

b) All Performance Bank Guarantees (PBGs) shall be submitted separately for each Project.
Note: The PBGs are required to be submitted in the name of the entity signing the
BESPA. In case of BESPA being eventually signed with the SPV incorporated/utilized by the
successful Bidder, t h e PBG may be submitted in the name of the Successful
Bidder within the above prescribed deadline, if the Bidder chooses to do so, and the
same shall be replaced by the PBG issued in the name of the SPV, prior to signing of
BESPA.

c) The BESSD shall furnish the PBG from any of the Scheduled Commercial Banks as listed on the
website of Reserve Bank of India (RBI) and amended as on the date of issuance of bank
guarantee. Bank Guarantee issued by foreign branch of a Scheduled Commercial Bank is to be
endorsed by the Indian branch of the same bank or State Bank of India (SBI). In case of the Project
being implemented through an SPV incorporated by the Successful Bidder, the PBG shall be
furnished in the name of the SPV, except for the case as indicated in Clause 39.3 of the RfS.

d) The format of the Bank Guarantees prescribed in the Format 7.3 A (EMD) and 7.3 B (PBG) shall
be strictly adhered to and any deviation from the above Formats shall result in rejection of the
EMD/ PBG and consequently, the bid. In case of deviations in the formats of the Bank Guarantees,
the corresponding BESPA shall not be signed.

e) RVUNL has agreed to accept the PBG in the form of an unconditional and irrevocable Bank
Guarantee instead of the cash deposit with the clear position intimated to the Bidder that the PBG
shall be encashable for being appropriated by RVUNL in terms of the guarantee as in the case of
appropriation of the cash deposit lying with RVUNL.

f) The selected Bidder for the Project selected based on this RfS is required to sign BESPA with
RVUNL within the timeline as stipulated in Clause 22 of the RfS. In case, RVUNL offers to execute
the BESPA with the Selected Bidder and if the Selected Bidder does not submit the requisite
documents as per Clause 22 of the RfS, or does not execute the BESPA within the stipulated time

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 period, then the Bank Guarantee equivalent to the amount of the EMD shall be encashed by
RVUNL from the Bank Guarantee available with RVUNL (i.e. EMD or PBG) as liquidated damages
not amounting to penalty, the selected Project shall stand cancelled and the selected Bidder
expressly waives off its rights and objections, if any, in that respect.

g) The Bank Guarantees have to be executed on non-judicial stamp paper of appropriate value as
per Stamp Act relevant to the place of execution.

h) All expenditure towards execution of Bank Guarantees such as stamp duty etc. shall be borne by
the Bidders/BESSDs. Any Bank Guarantee or amendment to be submitted as part of the bidding
process / contract execution, shall be effective only when the BG issuance message is transmitted
by the issuing bank through SFMS (insert SFMS details of RVUNL).

i) In case of Bank Guarantees issued by foreign branch of a Scheduled Commercial Bank, the same
is to be endorsed by the Indian branch of the same bank or SBI, and the endorsing bank would be
required to provide the SFMS confirmation.

j) After the bidding process is over, RVUNL shall release the Bank Guarantees towards EMD of the
un-Successful Bidders within 15 days after issuance of LoI. EMD of the Successful Bidders
shall be released within 15 days after signing of BESPA. The PBG shall be returned to the
BESSD within 9 months from the COD of the Project, after taking into account any liquidated
damages due to delays in commissioning as per Clause 9 and 10 of the RfS.
k) Payment on Order Instrument (POI): As an alternative to submission of PBG as above, the
BESSD also has an option to submit a letter of undertaking issued by either of the following three
organizations, viz. (i) Indian Renewable Development agency Limited (IREDA) or (ii) Power
Finance Corporation Limited or (iii) REC Limited. This Letter of Undertaking shall be issued as
“Payment on Order Instrument” (POI), wherein the POI issuing organization undertakes to pay in
all scenarios under which the PBG would be liable to be encashed by RVUNL within the provisions
of RfS/BESPA. This instrument would have to be furnished as per Format 7.3 C of the RfS, within
the timelines as per Clause 19.a above, for the amount and validity period as per those Clause
19.1 above. In case the BESSD chooses to submit POI, delay in submission of the POI beyond
the timeline stipulated at Clause 19.a above, will be applicable in this case too.
The term “Performance Bank Guarantee (PBG)” occurring in the RfS shall be read as “Performance
Bank Guarantee” (PBG)/Payment on Order Instrument (POI)”.

20) Payment Security Deposit (PSD).

Prior to declaration of Commissioning of first part capacity of the project, the BESSD shall furnish
a payment security deposit at Rs 10 Lakhs/MW (Rs Ten Lakhs per MW) to RVUNL through
DD/NEFT/RTGS. However, the PSD shall be required to be submitted fir the energy storage
corresponding to the contracted capacity only. Thus, for a 125 MW/250 MWh project the payable
PSD amount shall be Rs 10 Lakhs/MWx125 MW or Rs 12.5 Crores. This fund shall form part of
the Payment Security Fund maintained by RVUNL for the projects. Modalities of
operationalization of the PSD will be notified by RVUNL at appropriate stage through necessary
guidelines/orders. The above amount shall be credited to RVUNL pro-rata to the part capacity
being commissioned at that stage.

21) Integrity Pact (IP)

Bidders are required to unconditionally accept all the conditions of the "Integrity Pact (IP)" as per
Attachment titled Integrity Pact to the Bidding Documents which has been pre- signed by the

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 Employer.

Bidders shall certify their compliance on "Integrity Pact " by accepting the following General
Technical Evaluation (GTE) of the Tender at e-Tender Portal:

“Do you certify full compliance to all provisions of Bidding Document?”

On Bidder‟s acceptance to the above GTE condition, Bidder confirms to have read, understood
and unconditionally accept & commit to all the contents, terms, conditions and undertakings
mentioned in the Integrity Pact which has been pre-signed by the Employer and enclosed with the
Bidding Documents. Where the Joint Venture(s) / Consortium are permitted to participate in the
bid pursuant to ITB, acceptance of above GTE by Bidder shall mean that all the JV Partner(s)/
Consortium members have read, understood and unconditionally accept & commit to all the
contents, terms, conditions and undertakings mentioned in the Integrity Pact which has been pre-
signed by the Employer and enclosed with the Bidding Documents.

On Acceptance of the above GTE, Integrity Pact shall be considered signed by the Bidder / JV
Partner(s)/ Consortium members and the same shall come into force from the date of submission
of bid.
It may also be noted that subsequent to Employer‟s evaluation of Bids, resulting into award of
Contract to a particular Bidder, the Integrity Pact so submitted shall form an integral part of
the Contract.
21 (A) Independent External Monitors (IEM)s
In respect of this package, the Independent External Monitors (IEMs) would be monitoring the
bidding process and execution of Contract to oversee implementation and effectiveness of the
Integrity Pact Program.

The Independent External Monitors (IEMs) has the right to access without restriction to all
Project documentations of the Employer including that provided by the Contractor. The
Contractor will also grant the IEMs, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his Project Documentations. The same is applicable to
Subcontractors. The IEMs are under contractual obligation to treat the information and
documents of the Bidder/ Contractor/ Sub-Contractors/ JV partners/ Consortium member with
confidentiality.

22 Battery Energy Storage Purchase Agreement (BESPA)

22.1 Authorized by the Rajasthan Energy Department and RUVITL as the BIA, RVUNL shall enter into
Battery Energy Storage Purchase Agreement (BESPA) with Bidders selected based on this RfS.
A copy of standard BESPA to be executed between RVUNL and the BESSD is available on
http:/eproc.rajasthan.gov.in or RVUNL‟s website free of cost. The BESPA will be signed within 30
days of issuance of LoAs, if not extended by RVUNL. BESPA will be executed between RVUNL
and selected Bidder or its SPV separately for each Project.

22.2 Note: BESPA will be executed between RVUNL and the BESSD as per the breakup of the
cumulative Project Capacity awarded to the Bidder. The Bidder shall provide the project breakup
for the cumulative contracted capacity quoted, in the Covering Letter (Format 7.1), which can be
changed by the BESSD prior to signing of BESPA. The final project configuration, adding up to the
cumulative capacity awarded to the Bidder, may be intimated to RVUNL at the time of signing of
BESPA, which shall then remain unchanged subsequent to signing of BESPA. Delays in meeting
the project execution timeline on account of changes in the project parameters from the data as
submitted in the Covering Letter (Format 7.1), shall be at the risk and cost of the Successful Bidder.

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22.3 In case any change in project location by the BESSD during the project construction period results
in any modification in the connectivity/power evacuation to be taken by R/VUNL for charging
power, any additional charges/ penalties payable by RVUNL in this regard shall be borne by the
BESSD, unless the change is on account of a Force Majeure event.

22.4 The BESPA shall be valid for a period of 12 years from the SCD of the Project or the date of full
commissioning of the Project, whichever is later. BESPA shall be extended for the remaining
cycles of the battery at 50% of BESPA tariff for a period mutually agreed between BESSD and
RVUNL prior to the Expiry of the BESPA.

22.5 Definition of Expiry of RfS: Shall mean the date occurring as on twelve (12) years from the
Scheduled Commissioning Date (SCD) or the date of full commissioning of the Project,
whichever is later, subject to the condition that the storage capacity shall be made available to
RVUNL for a period up to 12 years from the from the Scheduled Commissioning Date (SCD) or
the date of full commissioning of the Project, whichever is later, unless extended by the Parties
as per this Agreement. BESPA shall be extended for the remaining cycles of the battery at a
reduced BESPA tariff mutually agreed between BESSD and RVUNL prior to the Expiry of the
BESPA.

22.6 The Performance Bank Guarantee as per Clause 19 above, shall be submitted by the BESSD
prior to signing of BESPA. Before signing of BESPA between RVUNL and the BESSDs, RVUNL
will verify the shareholding of the Project Company along with a copy of complete documentary
evidence. If at this stage it is found that the documents furnished by the BESSDs are false /
misleading or misrepresented in any way, then the provisions contained in this RfS will be
applicable.

22.7 Successful Bidders will have to submit the required documents to RVUNL within 20 days from the
issue of LoA. In case of delay in submission of documents beyond the 20 days as mentioned
above, RVUNL shall not be liable for delay in verification of documents and subsequent delay in
signing of BESPA. Effective Date of the BESPA shall be the date as on 30 days from the date of
issue of LoA, or the date of signing of BESPA, whichever is later (for example, if the date of LoA
is 07.04.2024, the Effective Date will be 06.05.2024 or date of signing of BESPA, whichever is
later). Subsequent to expiry of the 30 -day period after the issuance of LoA, in case RVUNL
intimates to the Successful Bidder, a particular date as the date for signing of BESPA, the specified
date shall become the Effective Date of the BESPA, irrespective of the date of signing of BESPA.

22.8 The BESSD will be free to replenish the battery capacity from time to time during the Term of the
BESPA at its cost and expense to meet the performance criteria. However, RVUNL will be
obligated to off-take capacity only within the performance range as specified in the BESPA and
at the charges applicable as per the existing agreements. Any excess supply will be dealt as per
provisions of the BESPA.

23 Financial Closure or Project Financing Arrangements

23.1 The Projects shall achieve Financial Closure within the date as on 9 months after the Effective
Date of the BESPA (for e.g. if Effective Date is 06.07.2024, the above deadline will be 06. 04.2025).

23.2 At the stage of financial closure, the BESSDs shall report 100% tie-up of Financing Arrangements
for the Projects. In this regard, the BESSD shall submit a certificate/necessary document from all
financing agencies regarding the tie-up of 100% of the funds indicated for the Project, including
arrangements of funds in the form of Equity.

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23.3 Checklist of documents to be submitted at this stage is provided at Annexure-B of the RfS.

23.4 In case of default in achieving above condition as may be applicable within the stipulated time,
RVUNL shall be entitled to encash PBG/POI and shall remove the Project from the list of the
selected Projects, unless the delay is on account of factors not owing to any action or inaction on
the part of the BESSD or caused due to a Force Majeure as per BESPA. An extension can
however be considered, on the sole request of BESSD, on advance payment of extension
charges of INR 1,000/- per day per MW. This extension will not have an impact on the obligation
of BESSD to achieve commissioning by the SCD of the Project. Subsequent to the completion of
deadline for achieving financial closure, RVUNL shall issue notices to the BESSDs who are not
meeting the requirements of Financial Closure as per the RfS deadlines. The notice shall provide
a period of 7 business days to the respective BESSDs to either furnish the necessary documents
or make the above-mentioned payment of Rs. 1,000/MW/day. In case of non-submission of either-
the requisite documents or the necessary amount upon expiry of the above-mentioned notice
period of 7 days- RVUNL shall encash the PBG/POI of the corresponding BESSDs and terminate
the BESPA for the corresponding Project. The amount of Rs. 1,000/MW/day shall be paid by the
BESSDs in advance prior to the commencement of the said delay period and shall be calculated
based on the period of delay as estimated by the BESSD. In case of the BESSD meeting the
requirements of Financial Closure before the last date of such proposed delay period, the
remaining amount deposited by the BESSD shall be returned by RVUNL. Interest on account of
delay in deposition of the above- mentioned charges or on any subsequent extension sought,
shall be levied @ one-year SBI MCLR rate /annum on pro-rata basis. Any extension charges paid
so, shall be returned to the BESSD without any interest on achievement of successful
commissioning within the SCD, on pro-rata basis, based on the project capacity commissioned
as on SCD.

23.5 The BESSD will have to submit the required documents to RVUNL at least 14 days prior to the
scheduled Financial Closure date. In case of delay in submission of documents mentioned above,
RVUNL shall not be liable for delay in verification of documents and subsequent delay in Financial
Closure.

24 Land Arrangements for the Project

24.1 Land identification and possession shall be in line with Clause 6 of the RfS.

24.2 The BESSD shall submit RoU agreement for a period not less than the complete term of the BESPA,
within 60 days of signing of the BESPA. The RoU shall be terminated in case of default of the BESSD.

24.3 With respect to signing of the RoU agreement for the required land to set up BESS by the BESSD,
commissioning of the project will not be allowed until submission of land agreement by the BESSD in
terms of this Clause and Clause 6 of the RfS except when the delay in signing of ROU is on account of
RVUNL. However, in case of delays in signing of ROU by the BESSD on account of Government delay
(including but not limited to delay in land use pattern change, and/or relaxation under respective State
land ceiling Act, and/or land lease permission from State Government/Authorities) or delay caused due
to a Force Majeure as per BESPA, SCD shall be suitably extended.

25 Commercial Operation Date (COD)

In case of part commissioning, Commercial Operation Date (COD) will be declared only for that
part of Project Capacity. COD shall be the next day after the date of commissioning of the Project,
as indicated on the Commissioning Certificate, upon successful commissioning of the full capacity
of the Project or the last part capacity of the Project as the case may be, as declared in line with

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 the commissioning procedure as provided in the BESPA. Similarly, for each part commissioning,
COD will be the next day after actual date of commissioning of the respective part capacity.

The BESSD shall obtain necessary charging and safety clearances from the Central Electricity
Authority prior to commissioning of the Project. The 12-year tenure of BESPA shall be as per the
provisions of BESPA. Any capacity being offered to the grid before COD shall be first offered to
RVUNL and in case RVUNL does not agree to buy this capacity made before COD then
developers will be free to make short-term sale to any organization or individual RVUNL shall
communicate its willingness to buy the BESS capacity made available before COD, within 15
days from the date of communication from BESSD. Declaration of COD will be governed by
applicable Grid Code provisions, and in case of discrepancy between the procedure given in the
RfS and that stipulated in the Grid Code, the provisions of Grid Code will prevail.

26 Modifications in Controlling Shareholding

26.1 The BESSD shall indicate its shareholding in the company indicating the controlling shareholding
before signing of BESPA with RVUNL.

26.2 No change in controlling shareholding of the Bidding Company or Bidding Consortium shall be
permitted from the date of submission of response to RfS till the execution of the BESPA.

Following shall not be considered as change in shareholding as mentioned above:

a. Infusion of Fresh equity capital amongst the existing shareholders/promoters at the time of Bid
Submission to meet equity requirements.
b. Conversion of CCDs, CCPs etc. already issued to existing shareholders.
c. Death, marriage, Divorce, minor attaining major (any legal heir who was minor at the time of
signing of BESPA), insolvent, insane of existing shareholders.
d. Transfer of shares within the members of Immediate Promoter Group only.
e. Transfer of shares to IEPF.
f. Issue of Bonus Shares.

26.3 In case of Project being executed through SPV, the Successful Bidder, if being a single company,
shall ensure that its shareholding in the SPV/ Project Company executing the BESPA, shall not
fall below 51% at any time prior to COD of the Project. In the event the Successful Bidder is a
consortium, then the combined shareholding of the consortium members in the SPV/ Project
Company executing the BESPA, shall not fall below 51% at any time prior to COD. However, in
case the Project is being set up by a listed Company, this condition will not be applicable.

26.4 In case of the selected Bidder itself executing the BESPA, it shall ensure that controlling
shareholding of the Bidding Company remains unchanged until the COD.

26.5 In case of companies having multiple promoters (but none of the shareholders having more than
50% of voting rights and paid up share capital), it shall be considered as a company under joint
control. In such cases, the shareholding pattern in the company as submitted at the time of bidding,
shall be maintained upto the COD.

26.6 Any change in the shareholding after COD can be undertaken under intimation to RVUNL.

26.7 In the event of Change in Shareholding/ Substitution of Promoters triggered by the Financial

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 Institutions leading to signing of fresh BESPA with a new entity, an amount of INR 10 Lakh per
Project +18% GST per Transaction as Facilitation Fee (non-refundable) shall be deposited by the
BESSD to RVUNL.
27 Instructions to Bidders for Structuring of Bid Proposals in Response to RfS
The Bidder including its Parent, Affiliate or Ultimate Parent or any Group Company shall submit
single response to RfS. Detailed Instructions to be followed by the Bidders for online submission of
response to RfS are stated at Annexure – C. Submission of bid proposals by Bidders in response
to RfS shall be in the manner described below:
a. Covering Letter as per Format 7.1.
b. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead Member issued by
the other Members of the Consortium shall be provided in original as per format attached hereto
as Format 7.2.
In the event any Member of the Bidding Consortium (other than Lead Member) is a foreign
entity, it may submit Board Resolutions in place of Power of Attorney for the purpose of
fulfilling the requirements under this clause. Provided that such Board Resolutions shall be
supported by an unqualified opinion issued by the legal counsel of such foreign entity stating
that the Board Resolutions are in compliance with the applicable laws of the respective
jurisdictions of the issuing Company and the authorizations granted therein are true and valid.
c. Bank Guarantee/ Payment on Order Instrument (POI) against Earnest Money Deposit (EMD) as
per Format 7.3 A/7.3 D.
d. Board Resolutions, as per prescribed formats enclosed as per Format 7.4 duly certified by the
Company Secretary or the Director of the relevant Bidder, as applicable to the Bidder and
mentioned hereunder:
i. 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 and in the event of selection
of the Projects and to sign the BESPA with RVUNL. Board Resolution from each of the
Consortium Members in favour of the person signing Consortium Agreement.
ii. Board Resolution from the Bidding Company committing 100% (One Hundred Percent) of the
equity requirement for the Project/ Board Resolutions from each of the Consortium Members
together in aggregate committing to 100% (One Hundred Percent) of equity requirement for the
Project (in case of Bidding Consortium); and
iii. Board Resolutions from each of the Consortium Members and Lead member contributing 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 in the Consortium Agreement.
e. In case of a Consortium, the Consortium Agreement between the Members in the Consortium as
per Format 7.5 along with Board resolution from each Member of the Consortium for participating
in Consortium.
f. Format for Financial Requirements as per Format 7.6 along with the certificate from practicing
Chartered Accountant/ Statutory Auditors showing details of computation of the financial credentials
of the Bidder.
g. Undertaking as per Format 7.7.
h. A disclosure statement as per Format 7.8/7.8A regarding participation of any related companies in
the bidding process.
i. Format for Technical Criteria as per Format 7.9 (to be filled out separately for each Project).
j. Declaration by the Bidding Company / Lead Member of Bidding Consortium for the Proposed

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 Technology Tie Up as per Format 7.10 (to be filled out separately for each Project).
k. Integrity Pact between RVUNL and the Bidding Company as per Format 7.11.
l. Original declaration on fraud prevention policy as per Format 7.14.
m. Original self-attested filled format for not blacklisted as per Format 7.15
n. Attachments
i. Memorandum of Association, Article of Association needs to be attached along with the bid. The
Bidder should also highlight the relevant provision which highlights the objects relating to Power/
Energy/ Renewable Energy/ Standalone Battery Energy Storage System development.

 In case, there is no mention of the above provisions in the MoA/ AoA of the bidding
company, the same has to be amended and submitted prior to signing of BESPA, if the
Bidder is selected as Successful Bidder.
 If the selected Bidder wishes to execute the project through a Special Purpose Vehicle
(SPV), the MoA/ AoA of the SPV highlighting the relevant provision which highlights the
objects relating to Power/ Energy/ Renewable Energy/ Solar Power plant development has
to be submitted prior to signing of BESPA.
ii. Certificate of Incorporation of Bidding Company/ all member companies of Bidding
Consortium. In case of AIF, registration certificate issued by SEBI would be required.
iii. A certificate of shareholding of the bidding company, its Parent and Ultimate Parent (if any)
duly certified by a practicing Chartered Accountant/ Company Secretary as on a date within
30 days prior to the last date of bid submission. RVUNL reserves the right to seek additional
information relating to shareholding in promoter companies, their parents/ ultimate parents
and other group companies to satisfy themselves that RfS conditions have been complied with
and the Bidder will ensure submission of the same within the required time lines.
iv. Certified copies of annual audited accounts for the last financial year, i.e. FY 2023-24/2022-
23, or provisional audited accounts duly certified by a practicing Chartered Accountant (as
applicable), along with certified copies of Balance Sheet, Profit & Loss Account, Schedules
and Cash Flow Statement supported with bank statements as on the date at least 7 days prior
to the due date of bid submission (if applicable), shall be required to be submitted.
v. Details of all types of securities/instruments which are pending conversion into equity whether
optionally or mandatorily.

o. Covering letter of the Financial bid as per Format - 7.12.

p. Estimate of Cost of Project as per Format 7.13 (BoQ).

28 Important Notes and Instructions to Bidders

28.1 Wherever information has been sought in specified formats, the Bidders shall fill in the details as
per the prescribed formats and shall refrain from any deviations and referring to any other
document for providing any information required in the prescribed format.

28.2 The Bidders shall be shortlisted based on the declarations made by them in relevant schedules of
RfS. The documents submitted online will be verified before signing of BESPA in terms of Clause
22 of the RfS.

28.3 If the Bidder/Member in a Bidding Consortium conceals any material information or makes a wrong
statement or misrepresents facts or makes a misleading statement in its response to RfS, in any
manner whatsoever, RVUNL reserves the right to reject such response to RfS and/or cancel the
Letter of Award, if issued, and the Bank Guarantee/POI provided up to that stage shall be
encashed. Bidder shall be solely responsible for disqualification based on their declaration in the

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 submission of response to RfS.

28.4 If the event specified at 28.3 is discovered after the Effective Date of BESPA, consequences
specified in BESPA shall apply.

28.5 Response submitted by the Bidder shall become the property of RVUNL and RVUNL shall have
no obligation to return the same to the Bidder. However, the EMDs submitted by un Successful
Bidders shall be returned as specified in Clause 19 of the RfS.

28.6 All documents of the response to RfS (including RfS and subsequent Amendments/ Clarifications/
Addenda and BESPA) submitted online must be digitally signed by the person authorized by the
Board as per Format 7.4.

28.7 The response to RfS shall be submitted as mentioned in Clause 27 of the RfS. 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. However, RVUNL reserves the right to seek additional
information from the Bidders, if found necessary, during the course of evaluation of the response
to RfS.

28.8 Bidder to familiarize themselves with e-procurement portal of RAJASTHAN

(www.eproc.rajasthan.gov.in).

28.9 All the information should be submitted in English language only. In case of foreign Bidders having
documents in other than English language, then the documents shall be translated in English
language by certified translator and submitted.

28.10 Bidders shall mention the name of the contact person and complete address and contact details
of the Bidder in the covering letter.

28.11 Response to RfS that are incomplete, which do not substantially meet the requirements prescribed
in this RfS, will be liable for rejection by RVUNL.

28.12 Response to RfS not submitted in the specified formats will be liable for rejection by RVUNL.
28.13 Bidders delaying in submission of additional information or clarifications sought will be liable for
rejection.

28.14 Non-submission and/ or submission of incomplete data/ information required under the provisions
of RfS shall not be construed as waiver on the part of RVUNL of the obligation of the Bidder to
furnish the said data/ information unless the waiver is in writing.
28.15 The Central Electricity Regulatory Commission shall be the appropriate commission to exercise
the regulatory and adjudicatory jurisdiction in regard to matters between BESSD and RVUNL.
Subject to the above, only New Delhi Courts shall have exclusive jurisdiction in all matters
pertaining to this RfS.

28.16 All the financial transactions to be made with RVUNL including delay charges (except charges for
delay in Financial Closure), and any additional charges (if required), shall attract 18% GST on
each transaction, irrespective of the same being mentioned in the RfS/BESPA.

29 Non-Responsive Bid
The electronic response to RfS submitted by the Bidder along with the documents submitted online
to RVUNL shall be scrutinized to establish “Responsiveness of the bid”. Each Bidder‟s response
to RfS shall be checked for compliance with the submission requirements set forth in this RfS.

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 Any of the following conditions shall cause the Bid to be “Non-responsive”:

(a) Non-submission of the requisite Cost of RfS and/ or Processing Fee as mentioned in the Bid
Information Sheet.
(b) Response to RfS not received by the due date and time of bid submission.
(c) Non-submission of correct, valid and operative Pass-Phrases for both Technical and Financial
Bid (Price Bid) Parts after the deadline of Bid Submission, and before the commencement of
the Online Tender Opening Event (TOE) of Technical Bid.
(d) Any indication of tariff in any part of response to the RfS, other than in the financial bid.
(e) Data filled in the Financial Bid (BoQ), not in line with the instructions mentioned in Format
7.13
(f) Except for the scenario as per Clause 5.1 above, in case it is found that the Bidding Company
including Ultimate Parent Company/ Parent Company/ Affiliate/ Group Companies have
submitted more than one response to this RfS, then all these bids submitted shall be treated as
non-responsive and rejected.
(g) Non-submission or partial submission of EMD in acceptable form along with response to RfS.

In any of the above cases, the bid shall not be considered for bid opening and evaluation process.

30 Method of Submission of Response to RfS by the Bidder

30.1 The Bidder has to submit original of following documents offline:

a. RISK Fees (DD), Tender Fees (DD/BC) and Bank Guarantee/ Payment on Order Instrument
towards EMD as mentioned in the Bid Information Sheet (as per Format 7.3A/ 7.3D). One EMD
may be submitted for the cumulative capacity quoted by the Bidder, or individual EMDs may be
submitted for each Project.
b. (Any documentation required as part of submission of bid on the bidding portal decided by
RVUNL).

No documents will be accepted in person, on or before the date of bid submission.

Bank Guarantee/POI against EMD needs to be submitted in both online and offline modes.
The Bidders will be required to submit the bank guarantee, either in person or through post, at the
office of RVUNL until the date as on 2 working days after the closing date of bid submission. The 2-
day duration will be counted from the date of bid submission.
For e.g., if the bid submission deadline is 18:00 hrs on 22.04.2024, the above deadline will expire
at 18:00 hrs on 24.04.2024. In case of the above deadline being a holiday, the next working day in
RVUNL will be the deadline for submission of Bank Guarantees.

Note: In all cases, the Bank Guarantee/POI against EMD (if applicable), shall be issued on or before
the bid submission deadline. These instruments issued after the expiry of the deadline will be
summarily rejected.

The bidding envelope shall contain the following sticker:

RfS for Procurement of MW/ MWh Standalone Battery Energy Storage

Systems in Rajasthan with VGF under Tariff-Based Global Competitive Bidding

Cumulative Capacity of the

MW/ MWh
projects applied for

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 RfS for Procurement of MW/ MWh Standalone Battery Energy Storage
Systems in Rajasthan with VGF under Tariff-Based Global Competitive Bidding

No. of Projects Bid for

RfS Reference No. dated:

Submitted by (Enter Full name and address of the Bidder)

(Signature of the Authorized Signatory)

Authorized Signatory (Name of the Authorized Signatory)
(Stamp of the Bidder)
The Superintending Engineer (NPP),RVUNL, Room
Bid Submitted to #504, 5th Dreamax Plaza ,Sahakar Marg, Jaipur.

30.2 Documents to be Submitted Online

The Bidders shall strictly follow the instructions mentioned in the electronic form in respective
technical bid and financial bid while filling the form.
If the Bidder has submitted bid online and fails to submit the RISL Fees, Tender Fees and Bank
Guarantee for requisite amount offline before bud submission end date and time, then the same
shall be treated as incomplete bid and Cost of RfS, Processing fee submitted at this stage will be
encashed, the EMD(s) shall be returned and the submitted bid will stand cancelled.

All documents of the response to RfS submitted online must be digitally signed and uploaded on
the website, http://eproc.rajasthan.gov.in Response to RfS shall contain the following:

I. Cover-1

The Bidder shall upload single technical bid containing scanned copies of the following
documents duly signed and stamped on each page by the authorized signatory as mentioned
below.
(a) Formats - 7.1, 7.2 (if applicable), 7.3 A, 7.4, 7.5 (if applicable), 7.6, 7.7, 7.8/7.8A, 7.9, 7.10
and 7.11 as elaborated in Clause 27 of the RfS.
(b) All attachments elaborated in Clause 27 of the RfS, under the sub-clause l: Attachments,
with proper file names.
(c) All supporting documents regarding meeting the eligibility criteria.
(d) Scanned Copies of NEFT/RTGS details towards Cost of RfS Document and Bid Processing
Fee as mentioned in Bid Information Sheet.
(e) Scanned Copies of requisite amount of Bank Guarantee/Payment on Order Instrument
towards EMD as mentioned in the Bid Information Sheet.

II. Cover-2 (Financial Bid/BoQ)

Bidders shall submit the single Financial Bid containing the scanned copy of following
document(s):
(f) Covering letter as per Format - 7.12 of the RfS
(g) Preliminary Estimate of Cost of the Project as per Format 7.13 of the RfS

Only a single capacity charge (INR/MW/MONTH) for all the Projects applied for, shall have to be

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 filled online, else the bid shall be considered as non- responsive

Important Note:
(a) The Bidders shall not deviate from the naming and the numbering formats of envelops
mentioned above, in any manner.
(b) In each of the envelopes (as part of online bid submission), all the documents enclosed shall
be indexed and flagged appropriately, with the index list indicating the name of the document
against each flag.
(c) All the envelopes shall be properly sealed with the signature of the Authorized
Signatory running across the sealing of the envelopes.
(d) In case the Bidder submits the online documents on http://eproc.rajasthan.gov.in within
the bid submission deadlines and fails to submit the offline documents in the office of
RVUNL within the bid submission deadlines, the online bid of the Bidder shall not be
opened. Similarly, bids submitted offline but without any online submission on
http://eproc.rajasthan.gov.in shall not be opened and the EMD shall be returned to the
respective Bidder.
(e) The tariff to be quoted in the Financial Bid shall be exclusive of GST (for providing the storage
service). GST levied on the storage service being provided by the Project, if any, shall be
passed through to RVUNL.

31 Notice Board for Display

The BESSD will have to put a notice board (at least 180 cm x 120 cm) at its project site main
entrance prominently displaying the following message before declaration of COD.

MW/MWh STU-Connected Battery Energy Storage System

Owned and operated by
- -------------------- (insert name of the BESSD)
[Under RfS for procurement of 500 MW/1000 MWh projects of Battery
Energy Storage Systems in Rajasthan with Additional Green Shoe Option of
500 MW/1000 MWh under Tariff-based Global Competitive Bidding, in the
Premises of Power Projects Owned by RVUNL and GSS of RVPNL with
Viability Gap Funding Support

Village:…………, Tehsil…………………., District……………….., State……………

32 Validity of the Response to RfS

The Bidder shall submit the response to RfS which shall remain valid up to the date as on 12 months
from the last date of submission of response to RfS (“Bid Validity”). RVUNL reserves the right to
reject any response to RfS which does not meet the aforementioned validity requirement.

33 Bid Preparation Cost

The Bidder shall be responsible for all the costs associated with the preparation of the response to
RfS and participation in discussions and attending pre-bid meeting(s) etc. RVUNL shall not be
responsible in any way for such costs, regardless of the conduct or outcome of the bid process.

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34 Clarifications/ Pre-Bid Meeting/ Enquiries/ Amendments
34.1 Clarifications/ Doubts, if any, on RfS document may be emailed on sesplcell@rrvun.com. The
format for submission of clarifications is available on the portal.

34.2 RVUNL will make effort to respond to the same in the Pre-Bid Meeting to be held as mentioned in
the Bid Information Sheet. A compiled list of such questionnaire and RVUNL response will be
uploaded http://eproc.rajasthan.gov.in. If necessary, amendments, clarifications, elaborations
shall be issued by RVUNL which will be notified on RVUNL website & on
http://eproc.rajasthan.gov.in. No separate reply/ intimation will be given for the above,
elsewhere. In the event of the issuance of any revision or amendment of the RfS documents, the
Bidders shall be provided a period of at least 7 days therefrom, for submission of bids.
34.3 A Pre-Bid Meeting shall be held as mentioned in the Bid Information Sheet (Venue to be notified
later on RVUNL website).

34.4 Enquiries/ Clarifications may be sought by the Bidder by contacting RVUNL officials as per the
details contained in the Bid Information Sheet.

35 Right of RVUNL to Reject a Bid

RVUNL reserves the right to reject any or all of the responses to RfS or cancel the RfS or annul
the bidding process for any project at any stage without assigning any reasons whatsoever and
without thereby any liability. In the event of the tender being cancelled at any stage, the processing
fee (excluding GST, if amount credited to RVUNL‟s account), without any interests, shall be
returned to the respective Bidders.

36 Post Award Compliances

36.1 Timely completion of all the milestones i.e. signing of BESPA, meeting Financial Closure
Requirements/Conditions Subsequent (BESPA), Commissioning etc. will be the sole responsibility
of BESSD. RVUNL shall not be liable for issuing any intimations/ reminders to BESSDs for timely
completion of milestones and/ or submission of compliance documents.

36.2 Any checklist shared with BESSD by RVUNL for compliance of above-mentioned milestones to be
considered for the purpose of facilitation only. Any additional documents required as per the
conditions of Guidelines, RfS and BESPA must be timely submitted by the BESSD.

36.3 Tentative timelines of various activities to be carried out under this RfS are summarized as follows:
Activity Duration
Date of issuance of RfS Zero Date (A)
Date of pre-bid meeting A+10 days
Bid submission deadline A+30 days (=B)
Issuance of LoAs B+45 days (=C)
Application for connectivity by the BESSD C+30 days
Effective Date of BESPAs C+ 30 days (=D)
Financial Closure D+9 months
Release of 1st tranche of VGF on financial D+9 months (upon fulfilment of FC)
closure subject to submission of BG and
proof of possession of 90% of the total
land.
Project commissioning D+18 months (=E)

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 Activity Duration
Release of 2nd tranche of VGF D+18 months (upon achieving COD)
Release of 3rd tranche of VGF E+1 year
Release of 4th tranche of VGF E+2 years
Release of 5th tranche of VGF E+3 year

The above timeline is tentative in nature and is subject to change according to the State‟s
Procurement Rules

36.4 Project monitoring activities under the RfS shall include periodic Project site visits by
Appropriate Central Government Organizations/Authority/Committee(s) authorized from time to
time.

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 SECTION 4 - QUALIFICATION REQUIRMENTS FOR BIDDERS
Bidders participating in the RfS should meet the qualifying requirements stipulated under clause
37.1 (i) or 37.1(ii) or 37.1 (iii) or 37.1(iv) and 37.2,37.3 & 37.4 as applicable. In addition, the Bidder
should also meet the requirements stipulated under clause 38.0 & 39.0 together with the
requirements stipulated in RFS.
37 General Eligibility Criteria
Bidders participating in the RfS will be required to meet the following eligibility criteria (as
applicable).

37.1 The Bidder must fall under either of the following categories:
i. A Company under the Companies Act, 2013.
ii. A Foreign Company under the respective nation‟s laws.
iii. Alternative Investment Funds (AIF) as registered under SEBI. “AIF” shall be as defined by
SEBI.
iv. A Consortium comprising the above entities.
The above would be subject to the relevant Acts, Rules, Guidelines, Orders and Policy documents
of the Government of India as amended from time to time.

37.2 In case of foreign company i.e. the Bidder under clause 37.1 (ii), participating on standalone basis
and its selection as Successful Bidder, it has to form a “Special Purpose Vehicle” (SPV), i.e. an
Indian Company registered under the Companies Act, 2013 as its subsidiary Company, with at least
51% shareholding in the SPV, before signing of BESPA and it shall comply with all the laws and
provisions related to Foreign Direct Investment in India.

In case the foreign company participating as a member of consortium, Clause 37.4 of the RfS shall
be applicable.

37.3 A Consortium i.e. Bidder participating under clause 37.1 (iv), shall participate with one of the
consortium partners as the Lead Member. The Consortium shortlisted and selected against this
RfS has to necessarily form a Project Company and get it registered under the Companies Act,
2013 prior to signing of BESPA, keeping the original shareholding of the Bidding Consortium
unchanged. In case applications for multiple Projects have been made by a Consortium, separate
Project Companies can be formed for each Project. For the avoidance of doubt, it is hereby clarified
that the shareholding pattern of the Project Company shall be identical to the shareholding pattern
of the Consortium as indicated in the Consortium Agreement (Format 7.5).

37.4 A consortium, i.e. Bidder participating under clause 37.1 (iv), if selected as Successful Bidder for
the purpose of implementing the Project, shall incorporate a Project company before signing of
BESPA with RVUNL with equity participation by the Members in line with consortium agreement
submitted along with the bid i.e. the Project Company incorporated shall have the same
shareholding pattern as that indicated in the Consortium Agreement given at the time of
submission of response to RfS. This shall not change till the signing of BESPA and the Controlling
Shareholding (Lead Member holding not less than 51% of the voting rights and paid up share
capital) shall not change from submission deadline of response to RfS up to Commercial
Operation Date (“COD”) of the Project. Transfer of controlling shareholding within the same group
of companies will however be allowed prior to COD with the permission of RVUNL, subject to the
condition that, the management control remains within the same group of companies

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 NOTE:

a. Limited Liability Partnership (LLPs) are not eligible for participation.

b. A Bidder which has been selected as Successful Bidder based on this RfS can also execute the
Project through a Special Purpose Vehicle (SPV) i.e. a Project Company especially
incorporated/acquired as a subsidiary Company of the Successful Bidder for setting up of the
Project, with atleast 51% shareholding in the SPV which has to be registered under the Indian
Companies Act, 2013, before signing of BESPA. Multiple SPVs may also be utilized for executing
more than one Project.

c. The Bidder or any of its Affiliates should not be a willful defaulter to any lender. Further, the
Bidder & any of its Affiliate including any Consortium Member & any of its Affiliate, their directors
should not have been barred or included in the blacklist by any government agency or authority
in India, the government of the jurisdiction of the Bidder or Members where they are
incorporated or the jurisdiction of their principal place of business, any international financial
institution such as the World Bank Group, Asian Development Bank, African Development
Bank, Inter-American Development Bank, Asian Infrastructure Investment Bank etc. or the
United Nations or any of its agencies. The Bidder shall submit an undertaking to this effect, as
per Format 7.7 of the RfS.

38 Technical Eligibility Criteria

38.1 Under this RfS, it is proposed to promote only commercially established and operational
technologies to minimize the technology risk and to achieve timely commissioning of the Projects.
The Bidder may indicate regarding the selection of technology and its details at the time of
submission of bids in the prescribed Format 7.10 of the RfS. The technology proposed at the time
of submission of response to RfS can be changed at the time of Financial Closure.

38.2 The Bidder is required to undertake to furnish evidence of meeting the above criteria in line with
provisions of Clause 23 of the RfS. The undertaking shall be submitted as per enclosed Format 7.9
of the RfS.

38.3 The Projects shall also comply with the performance criteria as detailed in Clause 8 of the RfS.
39 Financial Eligibility Criteria
39.1 Net-Worth/ Asset Under Management (AUM) or Investible Funds
a. The Net Worth of the Bidder should be equal to or greater than INR 1.1 Crores per MW (Rupees
One Crore and Ten Lakhs per MW) of the quoted capacity in MW, as on the last day of the
preceding financial year on the date of Techno-commercial bid opening. In case of the Bidder being
a SEBI registered AIF, the cumulative value of Assets Under Management (AUM) with minimum
requirement as decided by RVUNL shall be demonstrated. In this context, AUM shall mean the
amount as certified by the Statutory Auditor of the AIF.
b. The net-worth/value of AUM to be considered for the above purpose will be the cumulative net-
worth of the Bidder/AIF or consortium members. Except in the case of AIFs, the Bidder may seek
qualification on the basis of financial capability of its Affiliate(s) for the purpose of meeting the Net
Worth criteria as per the RfS. In case of the Bidder being a Bidding Consortium, any Member may
meet the above criteria on the basis of financial capability of its Affiliate(s). In both cases, such
Affiliates shall undertake to contribute the required equity funding and performance bank
guarantees in case the Bidder(s) fail to do so in accordance with the RfS.
c. Net Worth to be considered for this clause shall be the total Net Worth as calculated in accordance

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 with the Companies Act, 2013 and AUM or investible funds to be considered under this clause will
be calculated in accordance with applicable SEBI (AIF) Regulations.

39.2 Liquidity
In order to ascertain that the Bidder has sufficient means to manage the fund requirements for the
Project, the Bidder shall be required to demonstrate the following parameter:

A minimum annual turnover of INR 1.61 Crores per MW (Rupees One Crore and Sixty One
Lakhs per MW) of the quoted capacity in MW in the previous financial year as on the date of
techno- commercial bid opening. It is hereby clarified that “Other Income” as indicated in the annual
accounts of the Bidder shall not be considered for arriving at the annual turnover.

39.3 Except for AIFs, the Bidder may seek qualification on the basis of financial capability of its Affiliate(s)
for the purpose of meeting the qualification requirements as per Clauses 39.1 and 39.2 above. In
case of the Bidder being a Bidding Consortium, any Member (except an AIF) may seek qualification
on the basis of financial capability of its Affiliate(s). In such cases, the Bidder shall be required to
submit Board Resolutions from the respective Affiliate(s), undertaking to contribute the required
equity funding and Performance Bank Guarantees/POI in case the Bidder(s) fail to do so in
accordance with the RfS. In case of non-availability of the Board Resolution as required above, a
letter from the CEO/ Managing Director of the respective Affiliate(s), undertaking the above, shall
be required to be submitted and the requisite Board Resolution from the Affiliate(s) shall be required
to be submitted prior to signing of BESPA.

39.4 For the purposes of meeting financial requirements, only latest unconsolidated audited annual
accounts shall be used. However, audited consolidated annual accounts of the Bidder may be used
for the purpose of financial requirements provided the Bidder has at least twenty six percent (26%)
equity in each Company whose accounts are merged in the audited consolidated account.
39.5 A Company/Consortium would be required to submit annual audited accounts for the last financial
year, 2023-24/2022-23, or as on the day at least 7 days prior to the bid submission deadline, along
with net worth, annual turnover and PBDIT certificate (as applicable) from a practicing Chartered
Accountant/ Statutory Auditor to demonstrate fulfillment of the criteria. In case of foreign companies,
the Bidders shall be required to submit the annual audited accounts for the last respective financial
year as per the general norm in the country where the Bidder or its Affiliate(s) is/ are located, or
provisional accounts as on the day at least 7 days prior to the bid submission deadline.

Note: In case of foreign Bidders, in the event the Bidder is unable to furnish the audited annual
accounts for the previous financial year as per the prevalent norm in the respective country, the
Bidder shall submit the annual audited accounts of the last financial year for which the audited
accounts are available. This, however, would be acceptable, subject to the condition that the last
date of response to this RfS falls on or within the deadline for completion of audit of annual accounts
of companies, as stipulated by the laws/rules of the respective country, and the Bidder shall submit
the corresponding documentary evidence against the same. In case the annual accounts or
provisional accounts as on the day at least 7 days prior to the bid submission deadline, are submitted
in a language other than English, a certified English translation from an approved translator shall be
required to be submitted by the Bidder.

39.6 For meeting the above financial eligibility criteria, if the data is provided by the Bidder in a foreign
currency, equivalent Indian Rupees of Net Worth and other financial parameters will be calculated
by the Bidder using Reserve Bank of India‟s reference rates prevailing on the date of closing of the
accounts for the respective financial year.

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39.7 In case of any currency for which RBI reference rate is not available, Bidders shall convert such
currency into USD as per the exchange rates certified by their banker prevailing on the relevant
date and used for such conversion. After such conversion, Bidder shall follow the procedure/ submit
document as elaborated in Clause 39.6 above.

39.8 In case the Bidder has participated under Clause 37.1 (iv) i.e. Consortium, then the financial
requirement (both the Net-Worth and Liquidity requirements) to be met by each Member of the
Consortium shall be computed in proportion to the equity commitment made by each of them in the
Project Company.
For example, if two companies A and B form a Consortium with equity participation in 70:30 ratio
and submit their bid for a capacity of 250 MWh (125 MW x 2hrs), then, total Net-Worth to be met
by the Consortium is Rs. 73 Lakh x 125 MW = Rs. 91.25 Crores. Minimum requirement of Net-
Worth to be met by Lead Member A would be minimum Rs. 63.88 Crores and to be met by
Consortium Member B would be Rs. 27.38 Crores. Similar methodology shall be followed for
computation of liquidity requirement.

39.9 For the limited purpose of meeting the technical and financial eligibility criteria, in
addition to using credentials of the Affiliates having more than 50% shareholding in the Bidding
Company, the Bidder may use credentials of those Affiliates who do not control more than 50% of
the bidding company, subject to the following:
a. The qualification criteria parameters will be met proportionately to the equity contribution of the
entity whose credentials are being used to meet the requirement. For example, in case of Net
Worth requirement being Rs 100 Crore and the strength of an Affiliate is used which owns 30%
of the total shareholding in the Bidder, the said Affiliate should be able to meet upto Rs 30 Crore
of the Net Worth.

b. In case the strength of an Affiliate is being used for meeting the eligibility criteria, shareholding
pattern of the respective Affiliate will be locked-in upto COD of the Project.

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 SECTION 5. BID EVALUATION AND SELECTION OF PROJECTS
40 Bid Evaluation
Bid evaluation will be carried out considering the information furnished by Bidders as per provisions
of this RfS. The detailed evaluation procedure and selection of Bidders are described in subsequent
clauses in this Section.

41 Techno-Commercial Evaluation of Bidders (Step 1)

41.1 The first envelope (Technical Bid submitted online) of only those Bidders will be opened by
RVUNL whose required documents as mentioned at Clause 30 of the RfS are received by
RVUNL. Bid opening (online) will be done only after the deadline for submission of Bank
Guarantee (if applicable) and/or DDs/Pay order against Cost of RfS document and Bid
Processing Fee.

41.2 Subject to Clause 29 of the RfS, RVUNL will examine all the documents submitted by the Bidders
and ascertain meeting of eligibility conditions prescribed in the RfS. During the examination of the
bids, RVUNL may seek clarifications/additional documents to the documents submitted etc. from
the Bidders if required to satisfy themselves for meeting the eligibility conditions by the Bidders.
Bidders shall be required to respond to any clarifications/additional documents sought by RVUNL
within 07 (seven) days from the date of such intimation from RVUNL. All correspondence in this
regard shall be made through email / (https://www.eproc.rajasthan.gov.in) only. It shall be the
responsibility of the Bidder to ensure that the email id of the authorized signatory of the Bidder is
functional. The Bidder may provide an additional email id of the authorized signatory in the covering
letter. No reminders in this case shall be sent. It shall be the sole responsibility of the Bidders to
remove all the discrepancies and furnish additional documents as requested. RVUNL shall not be
responsible for rejection of any bid on account of the above.

41.3 The response to RfS submitted by the Bidder shall be scrutinized to establish Techno-Commercial
eligibility as per the RfS.

42 Financial Bid Evaluation (Step 2)

42.1 In this step evaluations of Techno-Commercially Qualified Bids shall be done based on the capacity
charges, or the “First Round Tariff”, quoted by the Bidder in the Financial Bid. After this step, the
shortlisted Bidders shall be invited for the Reverse Auction. The “tariff” in this section, will refer
to the capacity charges quoted by the Bidders.

42.2 Second Envelope (containing First Round Tariff) of only those Bidders shall be opened whose
technical bids are found to be qualified as per the RfS.

42.3 The Bidder including its Parent, Affiliate or Ultimate Parent or any Group Company will have to
submit a single bid (single application) quoting a single tariff (capacity charges) in Indian Rupee per
MW for all the Projects applied for. The tariff to be quoted under this RfS shall be less than or
equal to INR 3,50,000/MW/Month (excluding GST). The tariff has to be quoted in Indian Rupee
per MW per month in whole numbers only (no decimal places allowed). If it is quoted with any
decimal places, the digits in the decimal places shall be ignored. (For e.g. if the quoted tariff is
INR 3,00,000.34/MW/month, then it shall be considered as INR 3,00,000/MW/month).

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42.4 In this step, evaluation will be carried out based on tariff quoted by the Bidders.
42.5 On completion of Techno-Commercial bid evaluation, if it is found that only one or two Bidder(s)
is/are eligible for the next stage, opening of the financial bid of the Bidder(s) will be at the discretion
of RVUNL. Thereafter, RVUNL will take appropriate action as deemed fit.

42.6 If the first-round tariff quoted is same for two or more Bidders, then all the Bidders with same tariff
shall be considered of equal rank/ standing in the order.

42.7 All Bidders with same tariff shall be eligible for reverse auction round (provided their rank is equal
to or less than nth Bidder as mentioned in Clause 43.7 of the RfS.

42.8 Ranking of Bidders after Financial Bid Evaluation: Following illustrates an example of ranking of
Bidders after financial bid opening and evaluation.

Bidder Submitted Financial Bid Ranking

B1 ₹ 2,90,000 (Tariff in ₹/ L1
MW/month)
B2 ₹ 2,92,000 (Tariff in ₹/ L2
MW/month)
B3 ₹ 2, 93,000 (Tariff in ₹/ L3
MW/month)
B4 ₹ 2,94,000 (Tariff in ₹/ L3
MW/month)
B5 ₹ 2,95,000 (Tariff in ₹/ L4
MW/month)
B6 ₹ 3,11,000 (Tariff in ₹/ L5
MW/month)
B7 ₹ 3,15,000 (Tariff in ₹/ L6
MW/month)
B8 ₹ 3,16,000 (Tariff in ₹/ L7
MW/month)
B9 ₹ 3,20,000 (Tariff in ₹/ L8
MW/month)

43 Reverse Auction (Step 3)

43.1 Reverse Auction:
RVUNL shall conduct the reverse auction for finalizing the Prices and L-1 Bidder separately as
per details mentioned in the tender documents, therefore, participating Bidders are requested to
quote the competitive prices in the price-bid (BOQ). Further, RVUNL does not pledge to accept
the lowest or any tender and reserves the right of accepting the whole or any tender as it may
think fit without assigning any reason.
RVUNL has made arrangement with M/s ITI Ltd., New Delhi for providing e-auction facility
(reverse auction) through portal https://rvunl.ewizard.in Bidders should go through the
instructions given below and submit acceptance for the same:-

43.2 It is mandatory for each & every participating Bidder to register/enroll them on portal of M/s ITI
Ltd., New Delhi by paying registration fee (non-refundable) as mentioned below:-

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 S.No Description Charges in INR Method of
payment
1 Annual Registration Fee/ Charges from Rs. 2000/- Detail for
each Bidder for participating in e- + applicable taxes on-line
Tenders/Reverse Auctions of RVUNL as per govt. payment is
only: (Mandatory) norms mentioned
2 Auction processing fee for e-reverse & Rs. 5000/- below.
e-forward auctions payable by all + applicable taxes
qualified Bidders per Project as per govt.
(Mandatory) norms
Notes:-
i. All applicable Taxes and duties as per govt. norms are in addition to the above charges.
Presently, Goods and Service Tax (GST) @ 18 % is applicable. Any other charges i.e.
transaction charges of Online Payment Gateway by the bank/payment gateway service
provider or bank commission charges etc. shall be borne by participating Bidder.
ii. Annual Registration Fee shall be not refunded in any condition. Supplier/Bidder
Participation Charges will not be refunded/ adjusted in the case of an e-tender/e-reverse
auction being cancelled or retendered by RVUNL due to any reason whatsoever.
iii. All end-users will have to procure Digital Signature Certificates at their own cost.
43.3 Vendor Registration and Participation in Auction
i. All intended Bidders have to register them on portal www.tenderwizard.com/ RVUNL by
paying annual charges mentioned above by available e-payment facility only.
ii. Invited Bidders/qualified Bidders in each auction have to pay auction processing fee
while making request for participation by available e-payment facility.
iii. Various options are available under e-payment facility which includes debit card, credit
card, Net banking etc.
iv. Various Help Manuals for Registration, Participation and Bidding in auctions, login
process, System settings etc. are available on said portal all time for Bidder support.
v. Annual registration fee and participation charges for Reverse Auction Portal shall be paid
online only. Further, it is mandatory to each & every Bidders to pay the above charges of
Annual registration of Reverse Auction portal within scheduled date & time before
reverse auction. Copy of EMD, processing fee & tender fee/ cost as per NIT otherwise
their bid shall not be opened.
vi. After paying registration fee, Bidders accounts will become active and able to login, view
and participate in hosted auctions on the portal provided by M/s ITI Ltd. Bidders are
advised to login for first time with initial system provided password and change the
Password as they desired. Bidders may modify their profile generation information if any
to ensure correct information and confidentiality. All bids made from the Login ID given to
the Bidders will be deemed to have been made by the Bidders/ Bidders‟ company.
43.4 Participating Bidders are required to make separate payment for registration and participation
through online mode as mentioned above for participation in Reverse Auction. Further, it is
mandatory to each & every Bidders to pay the annual registration fee and make registration on
the ITI portal of Reverse Auction portal within scheduled date & time as per NIT and copy of the
same should be submitted through e-mail or along-with hard copy of EMD, processing fee &
tender fee/ cost, otherwise their bid shall not be opened. In case of submission of participation
charges of Reverse Auction Portal on-line; it is mandatory for each & every qualified Bidder to pay
the participation charges of Reverse Auction portal to participate in Reverse auction. However, if
any Bidder does not pay the participation charges then he will not able to participate in Reverse

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 auction and prices mentioned in their price-bid shall be considered as final quoted prices against
above NIT.

43.5 Computerized Reverse Auction shall be conducted by RVUNL (through M/s ITI Ltd.) on pre-
specified date which shall be intimated to techno-commercial qualified Bidders before start of
Reverse Auction. The Bidders shall quote in RA from their own offices/ place of their choice.
Proper Internet connectivity or any other necessary arrangement for RA shall have to be ensured
by Bidder‟s themselves. Further, it is mandatory for every qualified Bidder to pay the participation
charges of Reverse Auction portal after invitation of Reverse Auction and before starting of
Reverse Auction otherwise their bid shall not be considered for further evaluation and EMD may
be forfeited.

43.6 Bidders are advised to get fully acquainted with the procedure of Reverse Auction and clear all
their doubts such as login to RA, RA process, refreshing of Screen etc. from RVUNL or M/s ITI
Ltd., New Delhi. Name & Details of contact person of M/s ITI Ltd. are as under:-
Tender wizard Helpdesk (Delhi Office):
ITI Limited, New Delhi,
Website: https://rvunl.ewizard.in,
address:11th Floor Core h, Scope Minar Near Nirman Vihar, Metro Station, Laxmi Nagar,
Delhi- 110092.
E-wizard Technical Help Desk address:
Plot No. 37, Sector-11, Dwarka, New Delhi- 110075.
Telephone No. 011-4960606
e-mail id for support: SupportQewizard.in
For e-Auction Queries
helpdesk@ewizard.in
eprochelpdesk.s3@gmail.com
Local Representative of ITI Limited at Jaipur Mr Deepak Jangid, Mob No. 9680005669.
1 Portal HELPDESK 011- twhelpdesk680@gmail.com
Registration 49424365
Queries
2 For e-Auction HELPDESK 011- eprocureRVUN@gmail.com
Queries 49424365
3 For Digital HELPDESK 011- twhelpdesk377@gmail.com
Signatures 49424365
4 For Business HELPDESK 080- enquiries@etenderwizard.com
Enquiries 40482000
Participating Bidders or their representatives, if required, may opt to get training from M/s ITI
Ltd., New Delhi regarding the procedure of Reverse Auction by paying the charges. Please
contact Sh. R. K. Batra, XEN (IT), RVUNL, Jaipur (Mobile No.: 09413349958) and
representative of M/s ITI Ltd. for further details on the above training.
Bidders are required to submit their acceptance to these terms/ conditions/modalities of RA
along-with techno-commercial bids, without which the Bidder will not be eligible to participate
in the Reverse Auction.
43.7 Procedure of Reverse Auction:
i. Online Reverse Auction: Reverse Auction shall be carried out on the evaluated price. Further,
the following methodology shall be adopted while carrying out the Reverse Auction process
based on the number of eligible Bidders:

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 No. of Eligible Bidders
Action to be done
for a particular Project

Upto 4 Bidders Reverse Auction shall be held without removing any Bidder.

Reverse Auction process shall be carried out after

removing the one (1) Highest Bidder (i.e. H1 Bidder) based
5 to 9 Bidders
on evaluated price.(if remaining capacity exceeds 500 MW
after removing H1)

Reverse Auction process shall be carried out after

No. of Bidders 10 and
removing the two (2) Highest Bidders (i.e. H1 and H2
Above
Bidders) based on evaluated price.

ii. The „opening price‟ i.e. start price for RA and minimum bid decrement will be decided by
RVUNL and s,hall be intimated to qualified Bidders at the time of Reverse Auction.
iii. As such the Bidders are required to necessarily reduce their evaluated Price by minimum one
decrement to beat the starting price/ current L1 price (evaluated price) displayed on the screen
to become L1 Bidder. However, Bidders are free to decrease their prices by any value in
multiples of minimum bid decrement.
iv. The above process at Sr. No. (iii) above will continue as an iterative process till the end of
Reverse Auction.
v. After the completion of the online Reverse Auction, the Closing Price (CP) shall be available
for further processing Schedule for Reverse Auction:

43.8 Schedule for reverse auction:

The date and time of Reverse Auction (RA) shall be intimated in due course of time and the
duration of Reverse Auction will be 30 minutes.

43.9 Auction extension time:

If a Bidder places a bid in the last 8 minutes of closing of the Reverse Auction and if that bid gets
accepted, then the auction‟s duration shall be extended automatically for another 8 minutes, for
the entire auction. Please note that the auto-extension will take place only if a bid comes in those
last 8 minutes and gets accepted. If the bid does not get accepted, the auto-extension will not
take place even if that bid might have come in last 8 minutes. In case, there is no bid in last 8
minutes of closing of Reverse Auction, the auction shall get closed automatically without any
extension. However, Bidders are advised not to wait till the last minute or last few seconds to
enter their bid during the auto-extension period to avoid complications related to internet
connectivity, network problems, system crash down, power failure, etc.

43.10 Bidding currency and unit of measurement:

Bidding will be conducted in Indian Rupees as per the specifications against RfS.

43.11 Lowest bid of a Bidder:

In case the Bidder submits more than one bid in Reverse Auction, the lowest bid at the end of
Online Reverse Auction will be considered as the Bidder‟s final offer to execute the work.

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43.12 Post auction procedure:
i) During the Online Reverse Auction, if no bid is received in the auction system/ portal
within the specified time duration of the Reverse Auction, then RVUNL, at its discretion,
may decide to revise the auction's opening price/ scrap the online reverse auction process
or action as deemed appropriate by RVUNL.
ii) RVUNL or the service provider i.e. M/s ITI Ltd., New Delhi are not responsible for any
unforeseen circumstances i.e. failure of Internet connectivity, failure of power or loss of
connectivity at the premises of Bidders etc. due to which Bidder is not able to participate
in the Reverse Auction. On account of this, the time for the auction shall not be extended
and neither RVUNL nor M/s ITI Ltd., New Delhi is responsible for such eventualities. In
order to ward-off such contingent situation Bidders are requested to make all the
necessary arrangements/ alternatives whatever required so that they are able to
circumvent such situation and still be able to participate in the Reverse Auction
successfully.
iii) Bidder‟s bid will be taken as an offer to execute the work/ supplies of the item as per
Tender No. TN-34/ 2024-25. Bids once made by the Bidder, cannot be cancelled/
withdrawn by the Bidder and Successful Bidder shall be bound to execute the work as
mentioned in tender documents at Bidder‟s lowest bid price through RA accepted by
RVUNL. If a Successful Bidder back out and does not execute the contract as per the
lowest rates quoted by Bidder in RA, RVUNL shall forfeit the EMD and may take action
like suspension of participating in future tenders etc.
iv) Bidders shall be able to view the following on their screen along with the necessary fields
during Online Reverse Auction:
a. Leading (Running Lowest) bid-price in the Auction (only total evaluated price of
package).
b. Bid price placed by the Bidder.
c. Standing of its bid vis-a-vis other bids.
d. Start Price.
e. Decrement value.
v) RVUNL‟s decision on award of contract shall be final and binding on all the Bidders.
RVUNL reserves the right to extend, reschedule or cancel the Reverse Auction process at
any time, without assigning any reason. Contract may be awarded to the Bidder having
lowest bid value after Reverse Auction. However, RVUNL does not pledge to accept the
lowest or any tender and reserves the right of accepting the whole or any tender as it may
think fit without assigning any reason.
vi) RVUNL shall not have any liability to Bidders for any interruption or delay in access to the
RA Portal respective of any cause. In such cases, the decision of RVUNL shall be binding
on the Bidders.
vii) If there is any clash between this document and the FAQ available on the web site of M/s
ITI Ltd. (if any), the terms & conditions given in this document will supersede the
information contained in the FAQs. Any changes made by RVUNL/ service provider (due
to unforeseen contingencies) after the first posting shall be deemed to have been
accepted if the Bidder continues to access the portal after that time.

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 viii) The Bidder shall not divulge either his bids or any other exclusive details of RVUNL to any
other party. If the Bidder or any of his representatives are found to be involved in price
manipulation/ cartel formation of any kind, directly or indirectly by communicating with
other Bidders, appropriate action shall be initiated by RVUNL.

43.13 Selection of Successful Bidder:

i. The Bids received will be evaluated by the Owner to ascertain the most suitable with technical
factors with quoted price.
ii. After the Reverse Auction is closed, the Contract will be awarded to the Bidder based on
Reverse Auction process and considering above clause i.
43.14 However, the Owner reserves the right to choose the most competitive Bid among the Bids under
consideration.
44 Issuance of LoAs
a) At the end of the selection process, a Letter of Award (LoA) will be issued to the Successful Bidders
for each Project. In case of a Consortium being selected as the Successful Bidder, the LoA shall be
issued to the Lead Member of the Consortium.
b) RVUNL reserves the right to annul the bid process without any financial implications to any of the
parties concerned.
c) In all cases, RVUNL‟s decision regarding selection of Bidder through Reverse Auction or other- wise
based on tariff or annulment of tender process shall be final and binding on all participating Bidders.
d) In case of delay in signing of BESPA beyond 6 months from the date of issuance of LoAs, or any
other extended date as mutually agreed between RVUNL and the Successful Bidders, the
awarded capacity shall stand cancelled.

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 SECTION 6. DEFINITIONS OF TERMS
45 Following terms used in the documents will carry the meaning and interpretations as
described below:

45.1 "ACT" or "ELECTRICITY ACT, 2003" shall mean the Electricity Act, 2003 and include any
modifications, amendments and substitution from time to time.

45.2 “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, directly or indirectly, of more than 50% (fifty
percent) of the voting shares of such company or right to appoint majority Directors.

45.3 “APPROPRIATE COMMISSION” shall mean as defined in the BESPA.

45.4 “AVAILABILITY” shall mean as defined in Clause 8 of the RfS.

45.5 “BATTERY ENERGY STORAGE SYSTEMS” or “BESS” shall mean the system(s)/projects
utilizing methods and technologies such as electrochemical batteries (Lead Acid, Li-ion, solid state
batteries, flow batteries, etc.), providing a facility that can store chemical energy and deliver the
stored energy in the form of electricity, including but not limited to ancillary facilities (grid support,
for example). Such systems may be co-located with RE Generating Stations,or may be operated
on stand-alone basis.

45.6 “BATTERY ENERGY STORAGE SYSTEM DEVELOPER” or “BESSD” or “DEVELOPER” or

“PROJECT DEVELOPER” or “DEVELOPER” shall mean the entity owning/operating the BESS
facility for supply of power under the BESPA, and shall refer to the Bidding Company or a Bidding
Consortium participating in the bid and having been selected and allocated a Project capacity by
RVUNL (through a competitive bidding process), including the SPV formed by the selected
Bidder/ consortium for the purpose of setting up of the Project and signing of BESPA with
RVUNL.

45.7 “BATTERY ENERGY STORAGE PURCHASE AGREEMENT” or “BESPA” shall mean the
agreement signed between the Selected Bidder/BESSD and RVUNL according for procurement of
capacity from the BESS, as per the terms and conditions of the standard BESPA enclosed with
this RfS.

45.8 “BID” or “PROPOSAL” shall mean the documents submitted by the Bidder towards meeting the
techno-commercial and financial qualifying requirements, along with the price bid submitted by the
Bidder as part of its response to the RfS issued by RVUNL.

45.9 “BIDDER” shall mean Bidding Company (including a foreign company) or a Bidding Consortium
submitting the Bid. Any reference to the Bidder includes Bidding Company/ Bidding Consortium,
Member of a Bidding Consortium including its successors, executors and permitted assigns and
Lead Member of the Bidding Consortium jointly and severally, as the context may require; foreign
companies participating in the bidding process shall be registered as companies as per the rules
of their country of origin.

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45.10 “BIDDING CONSORTIUM” or “CONSORTIUM” shall refer to a group of Companies that
collectively submit the response in accordance with the provisions of this RfS under a Consortium
Agreement.

45.11 “BID CAPACITY” shall mean aggregate project capacity of the Battery Energy Storage System(s)
as proposed by the Bidder.

45.12 “BID IMPLEMENTING AGENCY” OR “BIA” shall mean Rajasthan Vidyut Utpadan Nigam
Limited, .i.e., the Bidding Agency designated for issuing the tender documents and carrying out
the process of selection of Successful Bidders under the Guidelines.

45.13 “BUYING ENTITY” shall mean BESS Implementing Agency i.e RVUNL that utilizes the BESS
for meeting the State Power on demand/merchant sale requirements to End Procurer i.e
RVUITL/DISCOMs”.

45.14 “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.

For Bidders incorporated in countries other than India, “Chartered Accountant” shall mean a
person or a firm practicing in the respective country and designated/ registered under the
corresponding Statutes/ laws of the respective country.

45.15 “COMPANY” shall mean a body corporate incorporated in India under the Companies Act, 2013
or any law in India prior thereto relating to Companies, as applicable.

45.16 “COMMERCIAL OPERATION DATE (COD)” shall mean the date as defined in Clause 24 of the
RfS.

45.17 “CONTRACTED CAPACITY” or the “PROJECT CAPACITY” shall mean the capacity in
MW/MWh (“X” MW x 4 hrs) contracted with RVUNL for providing Energy storage facility to the
Procurer for charging and discharging the system on “on-demand” basis, based on which the
BESPA is executed with RVUNL.

45.18 “CONTRACT YEAR” shall mean the period beginning from the Effective Date of the BESPA and
ending on the immediately succeeding 31st March and thereafter each period of 12 months
beginning on 1st April and ending on 31st March provided that:

a. in the financial year in which the Scheduled Commissioning Date would occur, the Contract Year
shall end on the date immediately before the Scheduled Commissioning Date and a new Contract
Year shall commence once again from the Scheduled Commissioning Date and end on the
immediately succeeding 31st March, and thereafter each period of 12 (Twelve) Months
commencing on 1st April and ending on 31st March, and
b. provided further that the last Contract Year of this Agreement shall end on the last day of the
Term of this Agreement.

45.19 “CONTROL” shall mean the ownership, directly or indirectly, of more than 50% (fifty percent) of
the voting shares of such Company or right to appoint majority Directors.

45.20 “CONTROLLING SHAREHOLDING” shall mean more than 50% of the voting rights and paid up
share capital in the Company/ Consortium.

45.21 “DAY” shall mean calendar day.

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45.22 “EFFECTIVE DATE” shall mean the date as on 90th day from the date of issuance of Letter of
Award (LoA), or the date of signing of BESPA (as applicable), which shall be indicated in the
BESPA executed by both the parties.

45.23 “EQUITY” shall mean Net Worth as defined in Companies Act, 2013.
45.24 “FINANCIAL CLOSURE” or “PROJECT FINANCING ARRANGEMENTS” means arrangement
of necessary funds by the BESSD towards 100% Project Cost either by way of commitment of
funds by the Company from its internal resources and/or tie up of funds through a bank/ financial
institution by way of sanction of a loan or letter agreeing to finance;

45.25 “GUIDELINES” shall mean “Guidelines for Procurement and Utilization of Battery Energy Storage
Systems as part of Generation, Transmission and Distribution assets, along with Ancillary
Services” issued by Ministry of Power vide Gazette Resolution dated 10.03.2022, including
subsequent amendments and clarification thereof, if any, issued until the last date of bid
submission of this RfS.

45.26 “GROUP COMPANY” of a Company means

a. a Company which, directly or indirectly, holds 10% (Ten Percent) or more of the share capital of
the Company or;

b. a Company in which the Company, directly or indirectly, holds 10% (Ten Percent) or more of the
share capital of such Company or;

c. 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;

d. 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;

e. a Company which is under common control with the Company, and control means ownership by
one Company of at least 10% (Ten Percent) 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 entities which have Government shareholding, financial institution, scheduled bank,
foreign institutional investor, Non-Banking Financial Company, and any mutual fund, pension
funds and sovereign funds 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 the Project Company or a Member of
the Consortium developing the Project.

45.27 “STU” shall mean State Transmission Utility.

45.28 “In-STS” shall mean Intra-State Transmission System
45.29 “INTER-CONNECTION POINT/ DELIVERY/ METERING POINT” shall mean a single point at
220kV or above, where the power from the Project(s) is injected into and drawn from the
identified /RVPN TRANSMISSION SYSTEM (including the dedicated transmission line
connecting the Projects with the transmission system) as specified in the RfS document. Metering
shall be done at this interconnection point where the power is injected into or drawn from. For

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 interconnection with grid and metering, the BESSDs shall abide by the relevant CERC/ RERC
Regulations, Grid Code and Central Electricity Authority (Installation and Operation of Meters)
Regulations, 2006 as amended and revised from time to time.

45.30 “JOINT CONTROL” shall mean a situation where a company has multiple promoters (but none of
the shareholders has more than 50% of voting rights and paid up share capital).

45.31 “LEAD MEMBER OF THE BIDDING CONSORTIUM” or “LEAD MEMBER”: There shall be only
one Lead Member, having the shareholding of not less 51% in the Bidding Consortium.

Note: The shareholding of the Lead member in the Project Company (Special Purpose Vehicle)
cannot be changed till 01 (one) year after the Commercial Operation Date (COD) of the Project.

45.32 “LETTER OF AWARD” or “LoA” shall mean the letter issued by RVUNL to the selected Bidder
for award of the Project.

45.33 “LIMITED LIABILITY PARTNERSHIP” or “LLP” shall mean a Company governed by Limited
Liability Partnership Act 2008 or as amended.

45.34 “LLC” shall mean Limited Liability Company.

45.35 “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 a
Company.

45.36 “MONTH” shall mean calendar month.

45.37 “NET-WORTH” shall mean the Net-Worth as defined section 2 of the Companies Act, 2013.
45.38 “PAID-UP SHARE CAPITAL” shall mean the paid-up share capital as defined in Section 2 of the
Companies Act, 2013.

45.39 “PARENT” shall mean a Company, which holds more than 50% voting rights and paid up share
capital, either directly or indirectly in the Project Company or a Member in a Consortium developing
the Project.

45.40 “PROJECT” shall mean the Battery Energy Storage System set up by the BESSD for supply of
Power an “on Demand” basis, having single point of injection/drawl into/from the grid at
Interconnection/ Delivery/ Metering Point, or in case of sharing of transmission lines, by separate
injection at Pooling Point and having separate control systems and metering. The Project shall
also comprise auxiliaries and associated facilities, bay(s) for transmission system in the their
switchyard, dedicated transmission line up to the injection point and all the other assets,
buildings/structures, equipment, plant and machinery (pertaining to the BESS), facilities and
related assets required for the efficient and economic operation of the power supply facility,
whether completed or at any stage of development and construction or intended to be developed
and constructed for the purpose of supply of power to RVUNL. It is clarified that BESS charged
using a source other than RE power would not qualify as RE power.

45.41 “PROJECT COMMISSIONING”: The Project will be considered as commissioned in line with the
Commissioning procedure defined in the RfS/BESPA.

45.42 “PROJECT LOCATION” shall mean the area identified by the BESSD, comprising village(s),
Tehsil(s)/Taluk(s) and District(s) within a State, where the Project is being implemented.

45.43 “POWER ON DEMAND” shall mean the requirement of the Buying Entity to charge and discharge

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 the BESS based on its requirements during the time of day, subject to provisions of the RfS and
BESPA.

45.44 “RUVITSL” shall mean Rajasthan Urja Vikas and IT Services Limited
45.45 “RVUNL” shall mean Rajasthan Rajya Utpadan Nigam Limited
45.46 “RENEWABLE ENERGY (RE) POWER” shall mean power from a RE Power generation facility.
45.47 “RfS” or “RfS DOCUMENT” or “BIDDING DOCUMENT(S)” or “TENDER DOOCUMENTS”
shallmean the “Request for Selection” document issued by RVUNL including standard Battery
Energy Storage Purchase Agreement and Battery Energy Storage Sale Agreement, along with
subsequent clarifications and amendments thereof, vide RfS No. dated .
45.48 “SCHEDULED COMMISSIONING DATE” or “SCD” shall be the date as indicated in Clause 9 of
the RfS.

45.49 “SELECTED BIDDER” or “SUCCESSFUL BIDDER” shall mean the Bidder selected pursuant to
this RfS to set up the Project and supply electrical output as per the terms of BESPA.

45.50 “STATE TRANSMISSION UTILITY” or “STU” shall mean the Board or the Government Company
notified by the respective State Government under Sub-Section I of Section 39 of the Electricity
Act, 2003.

45.51 “STATUOTORY AUDITOR” shall mean the auditor appointed under the provisions of the
Companies Act, 1956 / Companies Act, 2013 (as the case may be) or under the provisions of any
other applicable governing law

45.52 “TOE” shall mean Tender Opening Event.

45.53 “TRADING MARGIN” shall mean the facilitation charges in the form of margin on procurement
and supply of Contracted Capacity from the BESS to the Buying Entity by the Intermediary
Procurer i.e RVUNL under this RfS, and the same being charged by shall be 0.5% of the
applicable capacity charges or seven paisa per kWh.

45.54 “ULTIMATE PARENT” shall mean a Company, which owns more than 50% (Fifty Percent) voting
rights and paid up share capital, either directly or indirectly in the Parent and Affiliates;

45.55 “WEEK” shall mean calendar week;

Page 54 of 123
 SECTION 6. SAMPLE FORMS & FORMATS FOR BID SUBMISSION
The following formats are required to be submitted as part of the RfS. These formats are designed to
demonstrate the Bidder‟s compliance with the Qualification Requirements set forth in Section 4 and other
submission requirements specified in the RfS.
Format 7.1
COVERING LETTER

(The Covering Letter should be submitted on the Letter Head of the Bidding Company/ Lead
Member of Consortium)

Ref.No. Date:
From: (Insert name and address of Bidding Company/ Lead Member of Consortium)

Tel.#:
Fax#:
E-mail address#

To

RVUNL

Sub: Response to RfS No. ……….. dated ………….. for.............................. (Insert title of the RfS)

Dear Sir/ Madam,

We, the undersigned.......... [insert name of the „Bidder‟] having read, examined and understood in detail
the RfS including Qualification Requirements in particular, terms and conditions of the standard BESPA
for availability of Contracted Capacity for the Term of the BESPA to the Intermediary Procurer i.e
RVUNL, hereby submit our response to RfS.
We confirm that in response to the aforesaid RfS, neither we nor any of our Ultimate
Parent Company/ 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
(as mentioned in Format 7.8 under Disclosure) OR We confirm that in the response to the aforesaid RfS,
we have a Group Company who owns more than 10% but less than 26% in the bidding company as well
as other companies who may participate in this RfS, and accordingly, we have submitted requisite
undertaking as per Format 7.8A in this regard [strike out whichever not applicable].
We also confirm that we including our Ultimate Parent Company/ Parent Company/ Affiliate/ Group
Companies directly or indirectly have not submitted response to RfS for more than cumulative capacity of
MW/ MWh (to be specified as ½ of the tendered capacity) , including this response to RfS.
We are submitting response to RfS for the development of following Project(s) [strike out one of the
projects if not applicable]: -

Project capacity Interconnection Point Project Total Area of the Project

(MW/MWh) Details Preference*

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 *The preferences of the Projects shall be considered only for the last Successful Bidder whose total
quoted capacity is more than the balance capacity. In this case, allocation will be done as described
in Clause 44.4 of the RfS.

1. We give our unconditional acceptance to the RfS, dated …………….…. [Insert date in
dd/mm/yyyy], standard BESPA and BESSA documents attached thereto, issued by RVUNL. In
token of our acceptance to the RfS, BESPA and BESSA documents along with the amendments
and clarifications issued by RVUNL, the same have been digitally signed by us and enclosed with
the response to RfS. We shall ensure that the BESPA is executed as per the provisions of the RfS
and provisions of BESPA and shall be binding on us. Further, we confirm that the Project shall be
commissioned within the deadline as per Clause 9 of the RfS. We further undertake that we shall
demonstrate possession of 100% area of the identified land, within the timelines as per the RfS.

2. Earnest Money Deposit (EMD):- (Please read Clause 17 carefully before filling)
We have enclosed EMD of INR …………. (Insert Amount), in the form of Bank Guarantee
no…………. [Insert bank guarantee number] dated ............. [Insert date of bank guarantee] as per
Format 7.3A from ………… [Insert name of bank providing bank guarantee] and valid up
to… ........... in terms of Clause No. 18 of this RfS. The total capacity of the BESS Project offered
by us is …………. MW/ ....... MWh. [Insert cumulative capacity proposed]. (strike off whichever is
not applicable).

3. We hereby declare that in the event our Project(s) get selected and we are not able to submit Bank
Guarantee/POI of the requisite value(s) towards PBG, Success charge for the selected Projects,
within due time as mentioned in Clauses 19 & 20 of this RfS on issue of LoA by RVUNL for the
selected Projects and/or we are not able to sign BESPA with the Intermediary Procurer i.e
RVUNL,within the timeline as stipulated in the RfS for the selected Projects, RVUNL shall have the
right to take action as per provisions of Format-7.3A of the RfS.

4. We have submitted our response to RfS strictly as per Section 7 (Sample Forms and Formats) of
this RfS, without any deviations, conditions and without mentioning any assumptions or notes in
the said Formats.

5. Acceptance: -
We hereby unconditionally and irrevocably agree and accept that the decision made by RVUNL in
respect of any matter regarding or arising out of the RfS shall be binding on us. We hereby
expressly waive and withdraw any deviations from the provisions of the RfS and also waive and
withdraw all claims in respect of this process.

We also unconditionally and irrevocably agree and accept that the decision made by RVUNL in
respect of award of Projects according to our preference order as above and in line with the
provisions of the RfS, shall be binding on us.

6. Familiarity with Relevant Indian Laws, Regulations and Orders:-

We confirm that we have studied the provisions of the relevant Indian Laws, Regulations and Order
issued by judicial bodies as required to enable us to submit this response to RfS and execute the
BESPA, in the event of our selection as Successful Bidder.

7. In case of our selection as the Successful Bidder under the scheme and the project being executed
by a Special Purpose Vehicle (SPV) incorporated by us which shall be our subsidiary, we shall

Page 56 of 123
 infuse necessary equity to the requirements of RfS. Further we will submit a Board Resolution prior
to signing of BESPA with the Intermediary Procurer, committing total equity infusion in the SPV as
per the provisions of RfS.

8. We are submitting our response to the RfS with formats duly signed as desired by you in the RfS
online for your consideration.

9. It is confirmed that our response to the RfS is consistent with all the requirements of submission
as stated in the RfS, including all clarifications and amendments and subsequent communications
from RVUNL.

10. The information submitted in our response to the RfS is correct to the best of our knowledge and
understanding. We would be solely responsible for any errors or omissions in our response to the
RfS.

11. We confirm that all the terms and conditions of our Bid are valid up to (Insert date in
dd/mm/yyyy) for acceptance [i.e. a period of 12 months from the last date of submission of
response to RfS].

12. Contact Person

Details of the representative to be contacted by RVUNL are furnished as under:

Name : ……………………………………
Designation : ……………………………………
Company : ……………………………………
Address : ……………………………………
Phone Nos. : ……………………………………
Mobile Nos. : ……………………………………
Fax Nos. : ……………………………………
E-mail address : ……………………………………

13. We have neither made any statement nor provided any information in this Bid, which to the best
of our knowledge is materially inaccurate or misleading. Further, all the confirmations, declarations
and representations made in our Bid are true and accurate. In case this is found to be incorrect
after our selection as Successful Bidder, we agree that the same would be treated as a seller‟s
event of default under BESPA and consequent provisions of BESPA shall apply.

Dated the day of , 20….

Thanking you,
We remain,
Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

Page 57 of 123
 Format 7.2
FORMAT FOR POWER OF ATTORNEY
(Applicable Only in case of Consortiums)
(To be provided by each of the other members of the Consortium in favor of the Lead Member)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

KNOW ALL MEN BY THESE PRESENTS THAT M/s.......................................having its registered office
at ………………………….……., …., and M/s …………………….…. 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 Consortium Agreement
dated……….……………… and having agreed to appoint M/s……………………………..…as the Lead
Member of the said Consortium do hereby constitute, nominate and appoint M/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 No……………..

We also authorize the said Lead Member to undertake the following acts:

i) To submit on behalf of Consortium Members response to RfS.

ii) To do any other act or submit any information and document related to the above response to
RfS Bid.
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 BESPA.

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.

IN WITNESS WHEREOF M/s ………………………………………….……., 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

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of the person authorized by the board of the Lead Member)

Attested

(Signature of the executant)

(Signature & stamp of Notary of the place of execution)

Place:
Date:

Lead Member in the Consortium shall have the controlling shareholding in the Company as defined in
Section-6, Definition of Terms of the RfS.

Page 59 of 123
 Format 7.3A
FORMAT FOR BANK GUARANTEE TOWARDS EARNEST MONEY DEPOSIT
(EMD)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

Reference: ……………………………….
Bank Guarantee No.: ........................…
Date: ...................……...

In consideration of the [Insert name of the Bidder]

(hereinafter referred to as 'Bidder') submitting the response to RfS inter alia for [Insert title of the
RfS] of the cumulative capacity of
MW/MWh [Insert cumulative Project capacity proposed] for offering Battery Energy
Storage System on long term basis, in response to the RfS No. dated issued
by Rajasthan Vidyut Utpadan Nigam Limited(hereinafter referred to as RVUNL) and RVUNL considering
such response to the RfS of ………[Insert the name of the Bidder] as per the terms of the RfS, the
[Insert name & address of bank] hereby agrees unequivocally, irrevocably and
unconditionally to pay to RVUNL at [Insert Name of the Place from the address of RVUNL] forthwith
without demur on demand in writing from RVUNL or any Officer authorized by it in this behalf, any
amount upto and not exceeding Rupees [Insert amount not less than that derived on the basis of
Rs. 10.7 Lakhs per MW of cumulative capacity proposed], only, on behalf of M/s
[Insert name of the Bidder].

This guarantee shall be valid and binding on this Bank up to and including [insert date of
validity in accordance with Clause No. 18 of this RfS] and shall not be terminable by notice or any
change in the constitution of the Bank or the term of contract or by any other reasons whatsoever and
our liability hereunder shall not be impaired or discharged by any extension of time or variations or
alternations made, given, or agreed with or without our knowledge or consent, by or between
parties to the respective agreement.

Our liability under this Guarantee is restricted to INR………………..(Indian Rupees

only). Our Guarantee shall remain in force until
[insert date of validity in accordance with Clause No. 18 of this RfS]. RVUNL shall be
entitled to invoke this Guarantee till _________ [insert date of validity in accordance with Clause No. 18
of this RfS].

The Guarantor Bank hereby agrees and acknowledges that RVUNL 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 RVUNL, made in any format, raised at the above mentioned address of the Guarantor Bank,
in order to make the said payment to RVUNL.
The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions
and notwithstanding any objection by [Insert name of the
Bidder] and/ or any other person. The Guarantor Bank shall not require RVUNL to justify the invocation
of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against RVUNL in
respect of any payment made hereunder.

Page 60 of 123
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at
New Delhi shall have exclusive jurisdiction.

The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and
with such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank
in the manner provided herein.

This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation,
restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly
RVUNL shall not be obliged before enforcing this BANK GUARANTEE to take any action in any court or
arbitral proceedings against the Bidder, to make any claim against or any demand on the Bidder or to
give any notice to the Bidder or to enforce any security held by RVUNL or to exercise, levy or enforce
any distress, diligence or other process against the Bidder.

This BANK GUARANTEE shall be effective only when the Bank Guarantee issuance message is
transmitted by the issuing Bank through SFMS to First Bank and a confirmation in this regard is
received by RVUNL.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to
INR (Indian Rupees Only) and it
shall remain in force until [Date to be inserted on the basis of Clause No. 18 of this
RfS].

We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only if
RVUNL serves upon us a written claim or demand.

Signature:
Name:
Power of Attorney No.:
For
[Insert Name and Address of the Bank]
Contact Details of the Bank:
E-mail ID of the Bank:
Banker's Stamp and Full Address.
Dated this day of , 20

Page 61 of 123
 Format 7.3 B
FORMAT FOR PERFORMANCE BANK GUARANTEE (PBG)
(To be submitted Separately for each Project)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

Reference: ……………………………….
Bank Guarantee No.: ........................…
Date: ...................……...

In consideration of the [Insert name of the Bidder] (hereinafter referred to as

„selected Battery Energy Storage System Developer') submitting the response to RfS inter alia for
……………………………[insert title of the RfS] of the capacity of ………. MWh, at ............... [Insert name
of the place], in response to the RfS dated………… issued by Rajasthan Vidyut Utpadan Nigam
Limited(hereinafter referred to as RVUNL) and RVUNL considering such response to the RfS of [Insert
name of the Bidder] (which expression shall unless repugnant to the context or meaning thereof include
its executers, administrators, successors and assignees) and selecting the Project of the Battery Energy
Storage System Developer (BESSD) and issuing Letter of Award No. to
(Insert Name of selected Battery Energy Storage System Developer) as per
terms of RfS and the same having been accepted by the selected BESSD resulting in a Battery Energy
Storage Purchase Agreement (BESPA) to be entered into, for procurement of capacity [from selected
Battery Energy Storage System 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 the [Insert name of RVUNL],
(hereinafter referred to as Intermediary Procurer, or BIA at [Insert Name of the Place from the address of
RVUNL] forthwith on demand in writing from RVUNL or any Officer authorised by it in this behalf, any
amount up to and not exceeding Indian Rupees [Total Value] only, on behalf
of M/s [Insert name of the selected Battery Energy Storage
System 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 hereunder shall not be impaired or discharged by any extension of
time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or
between parties to the respective agreement.

Our liability under this Guarantee is restricted to INR (Indian Rupees

Only).

Our Guarantee shall remain in force until ................... RVUNL shall be entitled to invoke this Guarantee
till ……….

The Guarantor Bank hereby agrees and acknowledges that RVUNL 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 RVUNL, made in any format, raised at the above mentioned address of the Guarantor Bank,
in order to make the said payment to RVUNL.

Page 62 of 123
The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and
notwithstanding any objection by [Insert name of the selected Battery Energy
Storage System Developer/ Project Company as applicable] and/ or any other person. The Guarantor
Bank shall not require RVUNL to justify the invocation of this BANK GUARANTEE, nor shall the Guarantor
Bank have any recourse against BIA in respect of any payment made hereunder

This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at New
Delhi shall have exclusive jurisdiction.

The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with
such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank in the
manner provided herein.

This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation,
restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly RVUNL
shall not be obliged before enforcing this BANK GUARANTEE to take any action in any court or arbitral
proceedings against the selected Battery Energy Storage System Developer/ Project Company, to make
any claim against or any demand on the selected Battery Energy Storage System Developer/ Project
Company or to give any notice to the selected Battery Energy Storage System Developer/ Project
Company or to enforce any security held by RVUNL or to exercise, levy or enforce any distress, diligence
or other process against the selected Battery Energy Storage System Developer / Project Company.

This BANK GUARANTEE shall be effective only when the Bank Guarantee issuance message is
transmitted by the issuing Bank through SFMS to First Bank and a confirmation in this regard
is received by RVUNL.

The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to RVUNL and may be
assigned, in whole or in part, (whether absolutely or by way of security) by RVUNL to any entity to whom
RVUNL is entitled to assign its rights and obligations under the BESPA.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to INR
(Indian Rupees Only) and it shall remain in force until
…................ We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only if RVUNL serves upon us a written claim or demand.

Signature:
Name:
Power of Attorney No.:
For
[Insert Name and Address of the Bank]

Contact Details of the Bank:

E-mail ID of the Bank:

Banker's Stamp and Full Address.

Dated this day of , 20

Page 63 of 123
Witness:

1. …………………………………….

Signature
Name and Address

2. ………………………………….

Signature
Name and Address

Notes:
1. The Stamp Paper should be in the name of the Executing Bank and of appropriate value.
2. The Performance Bank Guarantee shall be executed by any of the Scheduled Commercial Banks
as listed on the website of Reserve Bank of India (RBI) and amended as on the date of issuance
of Bank Guarantee. Bank Guarantee issued by foreign branch of a Scheduled Commercial Bank
is to be endorsed by the Indian branch of the same bank or State Bank of India (SBI).

Page 64 of 123
 Format 7.3 C
FORMAT OF PAYMENT ON ORDER INSTRUMENT TO BE ISSUED BY IREDA/REC/PFC

(IN LIEU OF PBG)

No. Date
RVUNL, Registered

Reg: M/s (insert name of the BESPA signing entity) (Project No.
(insert project ID issued by RVUNL) – Issuance of Payment on Order Instrument
for an amount of Rs.
Dear Sir,

1. It is to be noted that M/s. (insert name of the POI issuing Agency)

(„IREDA/REC/PFC‟) has sanctioned a non-fund based limit loan of Rs.
(Rupees only) to M/s under the Loan Agreement executed on
to execute Renewable Energy Projects.
2. At the request of M/s , on behalf of (insert name of the
BESSD), this Payment on Order Instrument (POI) for an amount of Rs.
(Rupees (in words)). This Payment on Order Instrument comes into
force immediately.
3. In consideration of the ------ [Insert name of the Bidder] (hereinafter referred to as selected „Battery
Energy Storage System Developer') submitting the response to RfS inter alia for selection of
Contracted Capacity of ……….. MW, at …………[Insert name of the place] under RfS for
(insert name of the RfS), in response to the RfS dated ............... issued by
Rajasthan Vidyut Utpadan Nigam Limited (hereinafter referred to as RVUNL) and RVUNL considering
such response to the RfS of ………[insert the name of the selected Battery Energy Storage System
Developer] (which expression shall unless repugnant to the context or meaning thereof include its
executers, administrators, successors and assignees) and selecting the Project of the Battery
Energy Storage System Developer (BESSD) and issuing Letter of Award No to (Insert Name
of selected Battery Energy Storage System Developer) as per terms of RfS and the same having
been accepted by the selected BESSD resulting in a Battery Energy Storage Purchase Agreement
(BESPA) to be entered into with [RVUNL], (hereinafter referred to BESS
IMPLEMENTING AGENCY, or BIA) for providing energy storage facility [from selected Battery
Energy Storage System 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 IREDA/PFC/REC] hereby agrees unequivocally,
irrevocably and unconditionally to pay to RVUNL at [Insert Name of the Place from the address of
RVUNL] forthwith on demand in writing from RVUNL or any Officer authorized 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 Battery Energy Storage System Developer/ Project Company].
4. In consideration of the above facts, IREDA/REC/PFC, having its registered office at
, agrees to make payment for the sum of Rs. lakhs (in
words… ................................... ) to RVUNL on the following conditions: -

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 (a) IREDA/REC/PFC agrees to make payment of the above said amount unconditionally, without
demur and without protest within a period of days of receipt of request from RVUNL
within the validity period of this letter as specified herein;
(b) The commitment of IREDA/REC/PFC, under this Payment of Order Instrument will have the
same effect as that of the commitment under the Bank Guarantee issued by any Public Sector
Bank and shall be enforceable in the same manner as in the case of a Bank Guarantee issued
by a Bank and the same shall be irrevocable and shall be honored irrespective of any
agreement or its breach between IREDA/REC/PFC or its constituents notwithstanding any
dispute that may be raised by the against RVUNL;
(c) The liability of IREDA/REC/PFC continues to be valid and binding on IREDA/REC/PFC and
shall not be terminated, impaired and discharged, by virtue of change in its constitution and
specific liability under letter of undertaking shall be binding on its successors or assignors;
(d) The liability of IREDA/REC/PFC shall continue to be valid and binding on IREDA/REC/PFC
and shall not be terminated/ impaired/ discharged by any extension of time or variation and
alternation made given or agreed with or without knowledge or consent of the parties (RVUNL
and Bidding Party), subject to the however to the maximum extent of amount stated herein
and IREDA/REC/PFC is not liable to any interest or costs etc;
(e) This Payment of Order Instrument can be invoked either partially or fully, till the date of validity;
(f) IREDA/REC/PFC agrees that it shall not require any proof in addition to the written demand
by RVUNL made in any format within the validity period. IREDA/REC/PFC shall not require
RVUNL to justify the invocation of the POI against the SPV/BESSD, to make any claim against
or any demand against the SPV/BESSD or to give any notice to the SPV/BESSD;
(g) The POI shall be the primary obligation of IREDA/REC/PFC and RVUNL shall not be obliged
before enforcing the POI to take any action in any court or arbitral proceedings against the
SPV/BESSD;
(h) Neither RVUNL is required to justify the invocation of this POI nor shall IREDA/REC/PFC have
any recourse against RVUNL in respect of the payment made under letter of undertaking;
5. Notwithstanding anything contrary contained anywhere in this POI or in any other documents, this
POI is and shall remain valid upto and IREDA/REC/PFC shall make payment
thereunder only if a written demand or request is raised within the said date and to the maximum
extent of Rs ................................. and IREDA/REC/PFC shall in no case, be liable for any interest,
costs, charges and expenses and IREDA‟s/REC‟s/PFC‟s liability in no case will exceed more than
the above amount stipulated.

6. In pursuance of the above, IREDA/REC/PFC and RVUNL have signed an Umbrella Agreement
dated setting out the terms and conditions for issue of letter of undertaking by
IREDA/REC/PFC to RVUNL and the said terms and conditions shall be read as a part of this letter
of undertaking issued for the project of the project of PP mentioned above.

Thanking you,

Yours faithfully
For and on behalf of
M/s.
(name of the POI issuing agency).

Page 66 of 123
 ( )
General Manager (TS)
Copy to:-
M/s. PP

As per their request

( )

General Manager (TS)

Page 67 of 123
 Format 7.3 D
FORMAT OF PAYMENT ON ORDER INSTRUMENT (POI) TO BE ISSUED BY IREDA/REC/PFC (IN
LIEU OF EMD)
No. Date
RVUNL, Registered

Reg: M/s (insert name of the Bidder) – Issuance of Payment on Order

Instrument for an amount of Rs.
Dear Sir,

1. It is to be noted that M/s. (insert name of the POI issuing Agency)

(„IREDA/REC/PFC‟) has sanctioned a non-fund based limit loan of Rs.
(Rupees only) to M/s under the Loan Agreement executed on
to execute Renewable Energy Projects/Energy Storage Projects.
2. At the request of M/s , on behalf of (insert name of the
Bidder), this Payment on Order Instrument (POI) for an amount of Rs.
(Rupees (in words)). This Payment on Order Instrument comes into force immediately.
3. In consideration of the [Insert name of the Bidder]
(hereinafter referred to as 'Bidder') submitting the response to RfS inter alia for
[Insert title of the RfS] of the cumulative capacity of ………. MW [Insert
cumulative Project capacity proposed] for supply of power there from on long term basis, in response
to the RfS No. dated issued by Rajasthan Vidyut Utpadan Nigam
Limited(hereinafter referred to as RVUNL) and RVUNL considering such response to the
RfS of
………[Insert the name of the Bidder] as per the terms of the RfS, the [Insert
name & address of IREDA/PFC/REC] hereby agrees unequivocally, irrevocably and unconditionally
to pay to RVUNL at [Insert Name of the Place from the address of RVUNL] forthwith without demur
on demand in writing from RVUNL or any Officer authorized by it in this behalf, any amount upto and
not exceeding Rupees [Insert amount not less than that derived on the basis
of Rs. 10.7 Lakhs per MW of cumulative capacity proposed], only, on behalf of M/s
[Insert name of the Bidder].
4. In consideration of the above facts, IREDA/REC/PFC, having its registered office at
, agrees to make payment for the sum of Rs. lakhs (in
words… ................................... ) to RVUNL on the following conditions:-
(i) IREDA/REC/PFC agrees to make payment of the above said amount unconditionally, without
demur and without protest within a period of days of receipt of request from RVUNL
within the validity period of this letter as specified herein;
(j) The commitment of IREDA/REC/PFC, under this Payment of Order Instrument will have the
same effect as that of the commitment under the Bank Guarantee issued by any Public Sector
Bank and shall be enforceable in the same manner as in the case of a Bank Guarantee issued
by a Bank and the same shall be irrevocable and shall be honored irrespective of any
agreement or its breach between IREDA/REC/PFC or its constituents notwithstanding any
dispute that may be raised by the against RVUNL;

Page 68 of 123
 (k) The liability of IREDA/REC/PFC continues to be valid and binding on IREDA/REC/PFC and
shall not be terminated, impaired and discharged, by virtue of change in its constitution and
specific liability under letter of undertaking shall be binding on its successors or assignors;
(l) The liability of IREDA/REC/PFC shall continue to be valid and binding on IREDA/REC/PFC
and shall not be terminated/ impaired/ discharged by any extension of time or variation and
alternation made given or agreed with or without knowledge or consent of the parties (RVUNL
and Bidding Party), subject to the however to the maximum extent of amount stated herein
and IREDA/REC/PFC is not liable to any interest or costs etc;
(m) This Payment of Order Instrument can be invoked either partially or fully, till the date of validity;
(n) IREDA/REC/PFC agrees that it shall not require any proof in addition to the written demand
by RVUNL made in any format within the validity period. IREDA/REC/PFC shall not require
RVUNL to justify the invocation of the POI against the Bidding Party, to make any claim against
or any demand against the Bidding Party or to give any notice to the Bidding Party;
(o) The POI shall be the primary obligation of IREDA/REC/PFC and RVUNL shall not be obliged
before enforcing the POI to take any action in any court or arbitral proceedings against the
Bidding Party;
(p) Neither RVUNL is required to justify the invocation of this POI nor shall IREDA/REC/PFC have
any recourse against RVUNL in respect of the payment made under letter of undertaking;
5. Notwithstanding anything contrary contained anywhere in this POI or in any other documents, this
POI is and shall remain valid upto and IREDA/REC/PFC shall make payment
thereunder only if a written demand or request is raised within the said date and to the maximum
extent of Rs ................................. and IREDA/REC/PFC shall in no case, be liable for any interest,
costs, charges and expenses and IREDA‟s/REC‟s/PFC‟s liability in no case will exceed more than
the above amount stipulated.

6. In pursuance of the above, IREDA/REC/PFC and RVUNL have signed an Umbrella Agreement
dated setting out the terms and conditions for issue of letter of undertaking by
IREDA/REC/PFC to RVUNL and the said terms and conditions shall be read as a part of this letter
of undertaking issued for the project of the project of PP mentioned above.

Thanking you,

Yours faithfully
For and on behalf of
M/s.
(Name of the POI issuing agency).

( )
General Manager (TS)
Copy to:-
M/s. PP

As per their request ( )

General Manager (TS)

Page 69 of 123
 Format 7.4
FORMAT FOR BOARD RESOLUTIONS

The Board, after discussion, at the duly convened Meeting on.................[Insert date], with the consent of
all the Directors present and in compliance of the provisions of the Companies Act, 1956 or Companies
Act 2013, as applicable, 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 vide RfS No.
for (insert title of the RfS), including signing and submission of all
documents and providing information/ response to RfS to (Insert name of RVUNL) RVUNL, representing
us in all matters before RVUNL, and generally dealing with RVUNL 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 or Companies
Act, 2013, as applicable 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 or Companies Act,
2013, as applicable 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 commitment as specified in Consortium Agreement] in the Project. (To be provided
by each Member of the Bidding Consortium including Lead Member such that total equity is 100%)

FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to participate in
consortium with M/s ------------ [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 each Member of the Bidding Consortium including Lead Member)

And

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 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 in the
Consortium Agreement dated.................... executed by the Consortium as per the provisions of the RfS.
[To be passed by the Lead Member of the Bidding Consortium]

3. NOT USED

Certified True Copy

Page 70 of 123
----------------------------

(Signature, Name and Stamp of Company Secretary)

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 or Companies Act, 2013 as applicable may be suitably modified to refer to
the law applicable to the entity submitting the resolution. However, in such case, the foreign entity
shall submit 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 true and valid.

Page 71 of 123
 Format 7.5
FORMAT FOR CONSORTIUM AGREEMENT

(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

THIS Consortium Agreement (“Agreement”) executed on this Day of Two Thousand

between 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
a Company incorporated under the laws of and
having its Registered Office at (hereinafter 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 Members] for the purpose of submitting
response to RfS and execution of Battery Energy Storage Purchase Agreement (in case of award), against
RfS No. dated issued by Rajasthan Vidyut Utpadan Nigam Limited( RVUNL) a
Company incorporated under the Companies Act, 2013, and having its Registered Office at
.

WHEREAS, each Member individually shall be referred to as the “Member” and all of the Members shall
be collectively referred to as the “Members” in this Agreement.

WHEREAS the (insert name of RVUNL) desires to purchase Power under RfS for
(insert title of the RfS);

WHEREAS, RVUNL 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 RVUNL wherein the Consortium Members have to commit equity investment of a
specific percentage for the Project.

NOW THEREFORE, THIS AGREEMENT WITNESSTH AS UNDER:

In consideration of the above premises and agreements all the Members in this Bidding Consortium do
hereby mutually agree as follows:

1. We, 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 and to submit the response to
the RfS.

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 investment obligations of all the Consortium Members i.e. for both its own
liability as well as the liability of other Members.

Page 72 of 123
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
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 in the issued
equity share capital of the Project Company is/shall be in the following proportion:

Name Percentage

Member 1 ---

Member 2 ---

Member n ---

Total 100%

We acknowledge that after the execution of BESPA, the controlling shareholding (having not less
than 51% of the voting rights and paid up share capital) in the Project Company developing the
Project shall be maintained upto COD of the Project.

6. The Lead Member, on behalf of the Consortium, shall inter alia undertake full 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 BESPA.

7. In case of any breach of any equity investment 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
at New Delhi alone shall have the exclusive jurisdiction in all matters relating thereto and arising
thereunder.

11. It is hereby further agreed that in case of being selected as the Successful Bidder, the Members
do hereby agree that they shall furnish the Performance Guarantee in favour of RVUNL 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 Battery Energy Storage Purchase Agreement (BESPA) and shall remain valid until the
expiration or early termination of the BESPA in terms thereof, unless expressly agreed to the
contrary by RVUNL.

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.

Page 73 of 123
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 BESPA except with prior
written consent of RVUNL.

15. This Agreement

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 RVUNL.
16. All the terms used in capitals in this Agreement but not defined herein shall have the meaning as
per the RfS and BESPA.

IN WITNESS WHEREOF, the Members have, through their authorized representatives, 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----------------------- 2) Signature ---------------------

Name: Name:

Address: Address:

For M/s [Member 2]

(Signature, Name & Designation of the person authorized vide Board Resolution Dated )

Witnesses:

1) Signature ----------------------- 2) Signature ----------------------

Name: Name:

Address: Address:

For M/s [Member n]

Page 74 of 123
(Signature, Name & Designation of the person authorized vide Board Resolution Dated )

Witnesses:

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

Name: Name:
Address: Address:

Signature and stamp of Notary of the place of execution

Page 75 of 123
 Format 7.6

FORMAT FOR FINANCIAL REQUIREMENT

(This should be submitted on the Letter Head of the Bidding Company/ Lead Member of Consortium)
Ref. No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of Consortium)
Tel.#:
Fax#:
E-mail address#
To

(Enter address of RVUNL)

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We certify that the Bidding Company/Member in a Bidding Consortium is meeting the financial eligibility
requirements as per the provisions of the RfS. Accordingly, the Bidder, with the support of its Affiliates,
(strike out if not applicable) is fulfilling the minimum Net Worth/AUM criteria, by demonstrating a Net
Worth/AUM of Rs.………….. Cr. (………………… in words) as on the last date of Financial Year 2023-
24/2022-23 or as on the date at least 7 days prior to the bid submission deadline (Strike our wherever not
applicable).

This Net Worth/AUM has been calculated in accordance with instructions provided in Clause 39.1 of the
RfS.

Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the Net Worth/AUM by Bidding Company and/ or its
Affiliate(s) as per following details:

Name of Affiliate(s) Relationship

Name of Bidding Net Worth/AUM
whose net worth is to with Bidding
Company (in Rs. Crore)
be considered Company*

Company 1

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

Exhibit (ii): Applicable in case of Bidding Consortium

Page 76 of 123
(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]

Net Worth/AUM Requirement to be met by Member in Proportion to the Equity Commitment: INR ---------
---- Crore (Equity Commitment (%) * Rs. [ ] Crore)

For the above calculations, we have considered Net Worth/AUM by Member in Bidding Consortium and/
or its Affiliate(s) per following details:

Name of
Equity Committed Net
Name of Affiliate(s) Relationship Net
Commitment Worth/AUM (in
Consortium whose net with Bidding Worth/AUM
(in %age) in Rs.
Member worth/AUM Company* (in Rs.
Bidding Crore)
Company is to be (If any) Crore)
Consortium
considered
Company 1

---

Total

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

Further, we certify that the Bidding Company/ Member in the Bidding Consortium, with the support of its
Affiliates, (strike out if not applicable) is fulfilling the minimum Annual Turnover Criteria, by demonstrating
an Annual Turnover of INR ( in words) as on the end of Financial Year 2023-24/2022-
23 or as on the day at least 7 days prior to the bid submission deadline (choose one). (Strike out if not
applicable)

Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the Annual Turnover by Bidding Company and/ or its
Affiliate(s) as per following details:

Name of Affiliate(s) Annual

Name of Bidding Relationship with
whose Annual Turnover Turnover
Company Bidding Company*
is to be considered (In Rs. Crore)

Company 1

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

Page 77 of 123
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]

Annual Turnover Requirement to be met by Member in Proportion to the Equity Commitment: INR --------
- --- Crore (Equity Commitment (%) * Rs. [ ] Crore)

For the above calculations, we have considered Annual Turnover by Member in Bidding Consortium and/
or its Affiliate(s) as per following details:

Proportionate
Name of Relationship Equity
Name of Annual Annual Turnover (in
Affiliate(s) with Bidding Commitme
Consortium Turnover Rs.
whose Company* (If nt (in
Member (in Rs. Crore)
Annual Any) %age) in
Company Crore)
Turnover is Bidding
to be Consortiu
considered m
Company 1

---
---

Total

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

(Signature & Name of the Authorized Signatory) (Signature and Stamp of CA)

Membership No.
Regn. No. of the CA‟s Firm:
Date:

Note: (i) Along with the above format, in a separate sheet on the letterhead of the Chartered Accountant‟s
Firm, provide details of computation of Net Worth and Annual Turnover duly certified by the
Chartered Accountant.
(ii) Certified copies of Balance sheet, Profit & Loss Account, Schedules and Cash Flow Statements
are to be enclosed in complete form along with all the Notes to Accounts.

Page 78 of 123
 FORMAT 7.7
UNDERTAKING
(To be submitted on the letterhead of the Bidder)

We, hereby provide this undertaking to Rajasthan Vidyut Utpadan Nigam Limited, in respect to our
response to RfS vide RfS No. dated , that M/s (insert name of
the Bidder), or any of its Affiliates is not a willful defaulter to any lender.

Further, we also undertake that as on the bid submission deadline, the Bidder & any of its Affiliate,
including any Consortium Member & any of its Affiliate, their directors have not been barred or included
in the blacklist by any government agency or authority in India, the government of the jurisdiction of the
Bidder or Members where they are incorporated or the jurisdiction of their principal place of business, any
international financial institution such as the World Bank Group, Asian Development Bank, African
Development Bank, Inter-American Development Bank, Asian Infrastructure Investment Bank etc. or the
United Nations or any of its agencies.

(Name and Signature of the Authorized Signatory)

Page 79 of 123
 Format 7.8
FORMAT FOR DISCLOSURE

(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

DISCLOSURE

Ref.No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of Consortium)

Tel.#:
Fax#:
E-mail address#

To

(Enter address of RVUNL)

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We hereby declare and confirm that only we are participating in the RfS Selection process for the RfS
No. and 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. We undertake that if at any stage it is found
to be incorrect, in addition to actions applicable under the RfS/BESPA including but not limited to
cancellation of our response to this RfS and LoA/BESPA as applicable, we, i.e. M/s
(enter name of the bidding company/member in a consortium), including our Parent,
Ultimate Parent, and our Affiliates shall be suspended/debarred from participating in any of the upcoming
tenders issued by RVUNL for a period of 2 years from the date of default as notified by RVUNL.

We also understand that the above is in addition to the penal consequences that may follow from the
relevant laws for the time being in force.

We further declare that we have read the provisions of Clause 37.4 of the RfS, and are complying with
the requirements as per the referred OM dated 23.02.2023 except Sl. 17 of the OM, including subsequent
amendments and clarifications thereto. Accordingly, we are also enclosing necessary certificates
(Annexure to this format) in support of the above compliance under the RfS. We understand that in case
of us being selected under this RfS, any of the above certificates is found false, RVUNL shall take
appropriate action as deemed necessary.

Dated the day of , 20….

Page 80 of 123
Thanking you,

We remain,

Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

Page 81 of 123
 Format 7.8A
FORMAT FOR DISCLOSURE

(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

(To be submitted by all such Bidders in which a common Company/companies directly/indirectly

own(s) more than 10% but less than 26% shareholding)

DISCLOSURE

Ref.No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of Consortium)
Tel. #:
Fax#:
E-mail address#
To

(Enter address of RVUNL)

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We hereby declare and confirm that in terms of the definitions of the RfS, M/s (enter
name of the common shareholder) is our Group Company, and has a direct/indirect shareholding of less
than 26% in the bidding company. M/s (enter name of the common shareholder) also holds
directly/indirectly less than 26% shareholding in other Companies which may participate in this RfS, i.e.
RfS No. .

We undertake that M/s (enter name of the above common shareholder) is not a party to
the decision-making process for submission of response to this RfS by M/s (enter
name of the bidding company/member in the consortium). We further undertake that while undertaking
any action as part of our response to RfS, we are not complicit with other such Bidders participating in this
RfS, in which M/s (enter name of the common shareholder) has less than 26%
direct/indirect shareholding, if any.

We further declare that the above statement is true & correct. We undertake that if at any stage it is found
to be incorrect, in addition to actions applicable under the RfS/BESPA including but not limited to
cancellation of our response to this RfS and LoA/BESPA as applicable, we, i.e. M/s
(enter name of the bidding company/member in a consortium), including our Parent,
Ultimate Parent, and our Affiliates shall be suspended/debarred from participating in any of the upcoming
tenders issued by RVUNL for a period of 2 years from the date of default as notified by RVUNL.

We also understand that the above is in addition to the penal consequences that may follow from the
relevant laws for the time being in force.

We further declare that we have read the provisions of Clause 37.4 of the RfS, and are complying with
the requirements as per the referred OM dated 23.02.2023 except Sl. 17 of the OM, including subsequent
amendments and clarifications thereto. Accordingly, we are also enclosing necessary certificates

Page 82 of 123
(Annexure to this format) in support of the above compliance under the RfS. We understand that in case
of us being selected under this RfS, any of the above certificates is found false, RVUNL shall take
appropriate action as deemed necessary.

Dated the day of , 20 .

Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

Page 83 of 123
 Annexure to Format 7.8/7.8A
DECLARATION

RESTRICTION ON PROCUREMENT FROM CERTAIN COUNTRIES:

MoF OM F.7/10/2021-PPD(1) dated 23.02.2023

(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

Ref. No. Date:

From: (Insert name and address of Bidding Company/Member of Consortium)

Tel.#: Fax#:
E-mail address#

To

(Enter address of RVUNL)

Sub: Response to the RfS No ………………… dated ..........................................for the tender for
…………………………………………………
Dear Sir/ Madam,
This is with reference to attached order vide OM No. F.7/10/2021-PPD(1) dated 23.02.2023 issued by
Department of Expenditure, MoF, Govt of India.

We are hereby submitting the following declaration in this regard:

"l have read the clause regarding restrictions on procurement from a Bidder of a country which shares a
land border with India; I certify that this Bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority. I hereby certify that this Bidder fulfils all requirements in
this regard and is eligible to be considered. Where applicable, evidence of valid registration by the
Competent Authority shall be attached]."

We further declare that the above statement is true & correct. We are aware that if at any stage it is found
to be incorrect, our response to the tender will be rejected.
Dated the day of , 20….

Thanking you,
We remain,
Yours faithfully,
Encl: OM dated 23.02.2023, as referred above
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

Page 84 of 123
 Format 7.9
FORMAT FOR TECHNICAL CRITERIA
(This should be submitted on the Letter Head of the Bidding Company/ Lead Member of Consortium)
(To be Submitted Separately for each Project)

Ref. No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of Consortium)

Tel.#:
Fax#:
E-mail address#

To
(Enter address of RVUNL)

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We hereby undertake to certify in line with Clause 23 under the title “Financial Closure” that the following
details shall be furnished within 9 (nine) months from Effective Date of the BESPA.

1.0 Evidence of achieving complete-tie-up of the Project Cost through internal accruals or through a
Financing Agency.
2.0 DPR of the Project, detailing out project configuration and proposed commissioning schedule of
the Project.
3.0 Bank Guarantee for an amount equal to of the total VGF amount sanctioned for the Project.
Failure or delay on our part in achieving the above conditions shall constitute sufficient grounds for actions
as per the provisions of the RfS.
Dated the day of , 20….

Thanking you,

We remain,

Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

Page 85 of 123
 Format 7.10
DECLARATION BY THE BIDDER FOR THE PROPOSED TECHNOLOGY TIE-UP
(To be Submitted Separately for each Project)

Name of Bidding Company/ Lead Member of

1
Bidding Consortium

2 Location(s) of BESS Project(s)

3 Contracted Capacity proposed ……MW/……MWh

Technology Proposed to be adopted for the (Brief about the technology

4
Project proposed)

Dated the day of , 20….

Thanking you,
We remain,
Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

Page 86 of 123
 Format 7.11
INTEGRITY PACT

Between

Rajasthan Vidyut Utpadan Nigam Limited (hereinafter referred to as "The Employer ")

and

. ....................................................................................................... (herein after referred

to as "The Bidder/Contractor ")

and

….................................................................................................(herein after referred to as

"JV Partner/ Consortium Members" (if applicable)

Preamble

The Employer invites the bids from all eligible Bidders and intends to enter into Contract for with
the Successful Bidder(s), as per organizational systems and procedures. The Employer values
full compliance with all relevant laws and regulations, and the principles of economical use of
resources, and of fairness and transparency in its relations with its Bidder(s) and/or Contractor(s).

In order to achieve these goals, the Employer will appoint Independent External Monitor(s) (IEM),
who will monitor the bidding process and the execution of the Contract for compliance with the
principles mentioned above.

Section 1 Commitments of the Employer

1. The Employer Commits itself to take all measures necessary to prevent corruption and
to observe the following principles in this regard:-

a) No employee of the Employer, either in person or through family members including

relatives, will in connection with the bidding for or the execution of a Contract,
demand or accept a promise for or accept for him/herself or for a third person, any
material or immaterial benefit to which he/she is not legally entitled to.

b) The Employer shall, during the bidding process treat all Bidders with equity and
reason. The Employer will, in particular, before and during the bidding process,
provide to all Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the bidding process or the Contract execution.

c) The Employer will exclude from the process all known prejudiced persons.

2. If the Employer obtains information on the conduct of any of its employees which is a

Page 87 of 123
 criminal offence under the IPC/PC Act or if there be a substantive suspicion in this regard,
the Employer will inform the Chief Vigilance Officer and in addition can initiate disciplinary
actions.

Section 2 Commitments and Undertakings by the Bidder/Contractor

1. The Bidder/Contractor commits and undertakes to take all measures necessary to

prevent malpractices & corruption. He commits himself to observe the following principles
during his participation in the bidding process and during the execution of the contract:

a) The Bidder/ Contractor undertakes not to, directly or through any other person or
firm offer, promise or give or influence to any employee of the Employer associated
with the bidding process or the execution of the contract or to any third person on
their behalf any material or immaterial benefit which he/she is not legally entitled,
in order to obtain in exchange any advantage of any kind whatsoever during the
bidding process or during the execution of the contract.

b) The Bidder/ Contractor undertake not to enter into any undisclosed agreement or
understanding, whether formal or informal with other Bidders. This applies in
particular to prices, specifications, certifications, subsidiary contracts, submission
or non-submission of bids or any other action to restrict competitiveness or to
introduce cartelization in the bidding process.

c) The Bidder/Contractor undertakes not to commit any offence under the relevant
Anti-corruption Laws of India; further the Bidder/Contractor will not use improperly,
any information or document provided by the Employer as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically for purposes of competition or
personal gain and will not pass the information so acquired on to others.

d) The Bidder/ Contractor, when presenting his bid, undertakes to disclose any and
all payments made, or is committed to or intends to make to agents, brokers or any
other intermediaries in connection with the bidding process and / or award of the
contract.

e) The Foreign Bidder/ Contractor, when presenting his bid, undertakes to disclose
the name and address of agents and representative in India. Further, Indian
Bidder/ Contractor when presenting his bid, undertakes to disclose the name and
address of its foreign principals or associates.

2. The Bidder/ Contractor will not instigate and allure third persons/parties to commit
offences outlined above or be an accessory to such offences.

Section 3 Disqualification from Bidding Process and Exclusion from Future Contracts

1. If the Bidder(s)/ Contractor(s), before award or during execution has committed a

transgression through a violation of any provisions of Section 2 so as to put his reliability
or credibility as Bidder into question, the Employer shall be entitled to disqualify the
Bidder(s)/ Contractor(s) from the bidding process or to terminate the contract, if signed on
that ground.

Page 88 of 123
 2. If the Bidder/ Contractor has committed a transgression through a violation of Section 2
such as to put his reliability or credibility into question, the Employer shall be entitled to
exclude including blacklist and put on holiday the Bidder/ Contractor for any future
tenders/contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the
Employer taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage.
The exclusion will be imposed for a period not exceeding two (02) years.

3. A transgression is considered to have occurred if the Employer after due consideration

of the available evidence concludes that no reasonable doubt is possible.

4. The Bidder with its free consent and without any influence agrees and undertakes to
respect and uphold the Employer's absolute rights to resort to and impose such exclusion
and further accepts and undertakes not to challenge or question such exclusion on any
ground, including the lack of any hearing before the decision to resort to such exclusion is
taken. This undertaking is given freely and after obtaining independent legal advice.

5. Subject to full satisfaction of the Employer, the exclusion of Bidder/ Contractor could be
revoked by the Employer if the Bidder/ Contractor can prove that he has restored/
recouped the damage caused by him and has installed a suitable corruption prevention
system in his organization.

Section 4 Compensation for Damages including Forfeiture of Earnest Money Deposit/

Security Deposit/ Performance & Advance Bank Guarantees

1. If the Employer has disqualified the Bidder/ Contractor from the bidding process or has
terminated the contract pursuant to Section 3, the Employer shall forfeit the Earnest Money
Deposit/Bid Security, encash Contract Performance Bank Guarantees in addition to
excluding the Bidder from the future award process and terminating the contract.

2. In addition to 1 above, the Employer shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor's Default.

Section 5 Previous Transgressions

1. The Bidder swears on oath that no previous transgression impinging on anti-corruption

principles / any malpractice as mentioned in Section-2 has occurred in the last three years
immediately before signing of this Integrity Pact, with any other company / any Public
Sector Enterprise/ Undertaking in India / any Government Department in India.

2. If the Bidder makes incorrect statement on previous transgression as mentioned above in

para 1, Bidder can be disqualified from the bidding process or the contract, if already
awarded, can be terminated on this ground

Section 6 Company Code of Conduct

Bidders are also advised to have a company code of conduct (clearly rejecting the use of
bribes and other unethical behaviour) and a compliance program for the implementation of
the code of conduct throughout the company.

Section 7 Independent External Monitors (IEM)

1. The Employer will appoint competent and credible Independent External Monitor for this

Page 89 of 123
 Pact. The task of the IEMs is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this agreement.

2. The IEMs are not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He shall report to CEO of the Employer or a
person authorized by him.

3. The Bidder/Contractor accepts that the IEMs have the right to access without restriction
to all Project documentations of the Employer including that provided by the Contractor.
The Contractor will also grant the IEMs, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his Project Documentations. The same
is applicable to Subcontractors. The IEMs are under contractual obligation to treat the
information and documents of the Bidder / Contractor / Sub-Contractors/ JV
partners/Consortium member with confidentiality.

4. The Employer will provide to the IEMs sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the
contractual relations between the Employer and the Contractor. The parties offer to the
IEMs the option to participate in such meetings.

5. As soon as the IEMs notices, or believes to notice, a violation of this agreement, he will
so inform the Management of the Employer (CEO of the Employer or a person authorized
by him) and request to discontinue or to take corrective action, or to take other relevant
action. The IEMs can in this regard submit non-binding recommendations. Beyond this,
the IEMs has no right to demand from the parties that they act in a specific manner, refrain
from action or tolerate action. However, Independent External Monitor shall give an
opportunity to the Bidder/contractor to present its case before making its
recommendations to the Employer.

6. The IEMs will submit a written report to CEO of the Employer or a person authorized by
him within 30 days from the date of reference or intimation to him by the Employer and,
should the occasion arise, submit proposals for correcting problematic situations.

7. The Bidder / Contractor accepts that they shall not approach courts while the matter /
complaint / dispute has been referred to the IEM in terms of this pact and they shall await
IEM‟s decision before approaching any Court.

8. If the IEMs have reported to CEO of the Employer or a person authorized by him a
substantiated suspicion of an offence under relevant IPC/ PC Act, and he has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Chief Vigilance Officer, the IEMs may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.

9. The word " IEM" will include Singular or Plural.

Section 8 Pact Duration

This Pact comes into force from the date of signing by all the parties. It shall expire for the
Contractor 12 months after the last payment under the respective Contract, and for all other
unSuccessful Bidders 6 months after the Contract has been awarded.

Section 9 Miscellaneous Provisions

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2. Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact remains valid. In this case, the parties will strive to come to an agreement to
their original intentions.

3. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

4. If the Contractor is a JV partnership / Consortium, this agreement must be signed by

all the partners of JV / Consortium Partners as the case may be.

The Parties hereby sign this Integrity Pact at .......... on this ........ day of........ 20

Employer Bidder/ Contractor Joint Venture Partner(s)/

Consortium
member(s) (As
Applicable)

Witness Witness Witness

1. 1. 1.

2. 2. 2.

Page 91 of 123
 Format 7.12
FORMAT FOR SUBMISSION OF FINANCIAL BID
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/ Lead
Member of Consortium)

Ref. No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of

Consortium)

Tel.#:
Fax#:
E-mail address#

To
(Enter Address of RVUNL)

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

I/ We, (Insert Name of the Bidder) enclose herewith the Financial

Proposal for selection of my/ firm for number of Project(s) for a cumulative capacity
of MW/ MWh in India as Bidder for the above.

I/We agree that this offer shall remain valid for a period of 12 months from the due date of
submission of the response to RfS such further period as may be mutually agreed upon.

Dated the day of , 20….

Thanking you,
We remain,
Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

Notes:

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1. There can be only one tariff for all the projects applied for. If the Bidder quotes two
tariffs or combination thereof for the projects, then the bid shall be considered as non-
responsive.

2. If the Bidder submits the financial bid not in line with the instructions mentioned therein,
then the bid shall be considered as non-responsive.

3. Tariff requirement shall be quoted as a fixed amount in Indian Rupees only. Conditional
proposal shall be summarily rejected.

4. In the event of any discrepancy between the values entered in figures and in words,
the values entered in words shall be considered.

5. Tariff should be in Indian Rupee in whole numbers only (no decimal places allowed).

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 Format 7.13
PRELIMINARY ESTIMATE OF COST OF THE PROJECT

(to be submitted online on www.eproc.rajasthan.gov.in portal only)

*Note: Bidders are allowed to Quote Charges either for capacity 125 MW/250 MWh OR for capacity 250
MW/500 MWh. If Quoted for both, Charges for capacity 125 MW/250 MWh shall be considered.

Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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 Format 7.14

DECLARATION ON FRAUD PREVENTION POLICY

(Certificate of Compliance to FRAUD PREVENTION POLICY)

[To be submitted offline in a separate sealed envelope along with EMD and others]

Bidder's Name and Address: To

Superintending Engineer (TD-I),
Room No. – 603, 6th Floor,
Dreamx Plaza, Sahakar Marg,
Jaipur- 302005.

Dear Sirs,

We have read the contents of the Fraud Prevention Policy of RVUNL displayed on its tender
website http://www.eproc.rajasthan.gov.in and undertake that we along with our associate/
collaborator/ sub-contractors/ sub-vendors/ consultants/ service providers shall strictly abide
by the provisions of the Fraud Prevention Policy of RVUNL.

Date: (Name of Authorized

Signatory)......................................

Place: (Designation)......................................

(Company Seal)...................................

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 Format 7.15
(Format for declaration of eligibility)
(On the letter head of Company)

Ref.No.: Date:

I/ We,M/s hereby certify that I/we have

not been declared blacklisted/banned/de-listed/debarred from similar business by
State/Central Govt. departments or Government Under takings in accordance with
Tender document No. TN- /2024-25 on Banning of Business Dealings.

(Seal & Signature of the Bidder)

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 Annexure - A
TECHNICAL AND REGULATORY REQUIREMENTS TO BE FOLLOWED FOR BATTERY
ENERGY STORAGE SYSTEMS

1. Codes and Standards

The BESS shall comply with the following Codes and Standards or equivalent Indian
Standards, as applicable.
Standard/ Code (or
Certification
equivalent Indian Description
Requirements
Standards)
IEC 62485-2 Safety requirements for secondary batteries and Applicable only for
battery installations - to meet requirements on Lead Acid and
safety aspects associated with the erection, use, NiCd/NiMH batteries
inspection, maintenance and disposal:
Applicable for Lead Acid and NiCd / NiMH
batteries
UL 1642 or UL 1973, Secondary cells and batteries containing alkaline Required for Cell
Appendix E (cell) or or other non-acid electrolytes - Safety
IEC 62619 (cell) + requirements for secondary lithium cells and
IEC 63056 (cell) batteries, for use in industrial applications
UL 1973 (battery) orBatteries for Use in Stationary, Vehicle Auxiliary Either UL 1642 or
(IEC 62619 (battery)Power and Light Electric Rail (LER) Applications UL1973 or (IEC 62619
+ IEC 63056 / Secondary cells and batteries containing + IEC 63056) for the
(battery)) alkaline or other non-acid electrolytes - Safety Battery level
requirements for secondary lithium cells and
batteries, for use in industrial applications
IEC 62281 / UN 38.3 Safety of primary and secondary lithium cells and Required for both
batteries during transport: Applicable for storage Battery and Cell.
systems using Lithium Ion chemistries
IEC 61850/ DNP3 Communications networks and management
systems. (BESS control system communication)
UL 9540 or (IEC TS Electrical energy storage (EES) systems - Part 5- Either UL9540 or (IEC
62933-5-1 + IEC 1: Safety considerations for grid-integrated EES 62933-5-1 + IEC
62933-5-2) systems – General specification / Standard for 62933-5-2) is required
Energy Storage Systems and Equipment for BESS system level
IEC 62933-2-1 Electrical energy storage (EES) systems - Part 2- Tests for Class B
1: Unit Parameters and testing methods - applications:
General Specification 1. Duty Cycle Round
Trip Efficiency Test
2. Equipment and Basic
Function Test
3. Available energy
Test
4. Insulation test
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Power Conditioning Unit Standards for BESS

Safety requirements for power electronic converter systems and

IEC 62477-1
equipment - Part 1: General
Safety requirements for power electronic converter systems and
IEC 62477-2 equipment - Part 2: Power electronic converters from 1 000 V AC or 1 500
V DC up to 36 kV AC or 54 kV DC
Electromagnetic compatibility (EMC) - Part 6-2: Generic standards -
IEC 61000-6-2 Ed. 2
Immunity standard for industrial environments

IEC 61000-6-4 Ed. Electromagnetic compatibility (EMC) - Part 6-4: Generic standards -
2.1 Emission standard for industrial environments
Utility-interconnected photovoltaic inverters - Test procedure of islanding
IEC 62116 Ed. 2
prevention measures
IEC 60068-2-
Environmental testing - Part 2-1: Tests - Test A: Cold
1:2007
IEC 60068-2-
Environmental testing - Part 2-2: Tests - Test B: Dry heat
2:2007
IEC 60068-2-
Environmental testing - Part 2-14: Tests - Test N: Change of temperature
14:2009

IEC 60068-2- Environmental testing - Part 2-30: Tests - Test Db: Damp heat, cyclic (12
30:2005 h + 12 h cycle)

2. System Testing and Commissioning

The BESS shall be commissioned as per commissioning criteria and procedures specified by
the CEA.

3. Identification and Traceability

Cells/Racks/Packs Assembly shall meet seismic requirement for the plant location of the
BESS. Labelling of cells/batteries shall include manufacturer‟s name, cell type, name-plate
rating, date of manufacture and date of expiry of parts and labour warranty.

4. Other Sub-systems/Components
Other subsystems/components used in the BESS must also conform to the relevant
international/national Standards for Electrical Safety for ensuring Expected Service Life and
Weather Resistance.

5. Fire Protection
The BESSD shall design and install a fire protection system that conforms to national and
local codes. The fire protection system design and associated alarms shall take into account
that the BESS will be unattended at most times. For high energy density technologies, the
BESSD shall also obtain thermal runaway characterization of the battery storage systems.

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6. Authorized Test Centres

Batteries/ Power Conditioning Units deployed in the power plants must have valid test
certificates for their qualification as per above specified IEC/ BIS Standards by one of the ILAC
member signatory accredited laboratories. In case of module types/ BESS/equipment for
which such Test facilities may not exist in India at present, test certificates from reputed ILAC
Member body accredited Labs abroad will be acceptable.

7. Warranty
BESSD shall procure performance guarantees from the OEM to ensure minimum performance
levels for predefined application(s) as per the terms of the RfS. The Warranty shall clearly
indicate life expectancy given discharge profiles provided for the application.

8. Performance Monitoring

As part of the performance monitoring, the following shall be carried out:

a) The BESSD must install necessary equipment to continuously measure BESS operating
parameters (including but not limited to voltage, current, ambient conditions etc.) as well
as energy input into and energy output from the BESS along with Metering arrangement
in accordance with extant regulations. They will be required to submit this data to RVUNL
on line and/or through a report on regular basis every month for the entire duration of
contract.
b) The BESSD shall provide access to RVUNL/MNRE or their authorized representatives
for installing any additional monitoring equipment to facilitate on-line transfer of data.
c) All data shall be made available as mentioned above for the entire duration of the Contract.
d) The plant SCADA should be OPC version 2.0a (or a later version including OPC UA)
compliant and implement appropriate OPC-DA server as per the specification of OPC
Foundation. All data should be accessible through this OPC server for providing real time
online data (BESS parameters) to RVUNL/MNRE. This time series data shall be available
from the Project SCADA system to facilitate monitoring and should include among others
as stated before, below parameters to facilitate daily, monthly and annual Report for
performance monitoring.
e) Web-based monitoring should be available, which should not be machine dependent. The
web-based monitoring should provide the same screens as available in the plant. Also, it
should be possible to download reports from a remote web-client in PDF or Excel format.

9. Other necessary criteria

a) BESS shall be capacity of operating in the frequency range of 47.5 Hz to 52 Hz and
be able to deliver rated output in the frequency range of 49.5 Hz to 50.5 Hz.
b) BESS shall be capable of operating when voltage at the interconnection point on any
or all phases dips/rises to the high or low levels. The levels applicable for wind/solar
inverter-based generation may be referred as available in Central Electricity Authority
(Technical Standards for Connectivity to the Grid) Regulations.
c) The safe and reliable operation of power system is ensured by frequency control as
well as voltage control. BESS to be implemented shall have provisions for Primary
frequency control with a droop which can be set as per system requirement between
1-3 percent. The BESS performs regulations in one or several pre-defined ways (e.g.

Page 102 of 123

 regulating its own output power according to the orders given by SCADA system) to
achieve an active power balance between generation and demand to maintain the
power system frequency within a reasonable range..
d) BESS shall operate to maintain voltages as per specified voltage ranges in Grid
standards. BESS shall have feature to detect the voltage of interconnection point, and
regulate voltage independently. The response time of the BESS shall not exceed the
value specified in relevant standards or grid codes.
e) BESS shall operate in a manner to promote the power system reliability and improve
the power quality. When power quality problems, such as voltage dip, flicker,
unsatisfactory power factor, etc., occur in power system, the BESS could eliminate
these problems by flexible active and reactive power output in this function.
f) The BESS should provide reliable protection and not be limited to as an
overvoltage/under-voltage protection, overcurrent protection, low-temperature/over-
temperature protection of battery, DC insulation monitoring, etc.
g) BESS is required to have the following basic functions:
i) Monitoring: Monitor operational parameters, equipment status and
communication status, alarm and faults of main equipment and BESS system,
etc.
ii) Information exchange: Receive and process information with RLDC/NLDC
including operation parameters, switching information, various alarms and
alerts, protective action signals, control information, etc.
iii) Control: Including control mode and parameter setting with RLDC/NLDC.
h) BESS shall have capability to operate in AGC. The details regarding AGC signals
required by not limited to, are given (the conventional power plant signal link) at the
link, https://posoco.in/download/detailed-signal-list-for-connecting-generators-under-
agc/?wpdml=29546.
BESS shall be able to operate in AGC and be able to comply with the requirements
desired by system operators. Some of the BESS signal list for implementation of AGC
can be like below (list is indicative only):
i) Maximum MW permissible (dynamic or user entry)
ii) Minimum MW permissible (dynamic or user entry)
iii) Ramp rate up permissible (dynamic or user entry)
iv) Ramp rate down permissible (dynamic or user entry)
v) Actual MW
vi) Actual MVAR
vii) Auxiliary Consumption MW
viii) Scheduled MW (dynamic or user entry)
ix) BESS Temperature (for monitoring and correlation)
x) Ambient Temperature (for monitoring and correlation)
xi) Cycle limits (0-100%) per day (user entry)
xii) Circuit breaker status
xiii) Local/Remote status
xiv) AGC Set Point MW from NLDC to BESS
xv) Voltage (kV) at grid level

Page 103 of 123

 xvi) Voltage (V) at BESS LV side
i) The static information like detailed write-up on present operation methodology of
BESS, forbidden zones, number of cycle limits, Auxiliary consumption details,
capability curve, simulation models (RMS/PSCAD) along with description or any
specific information about BESS shall also be furnished as and when required by
RLDC/NLDC.
j) BESS will ensure the compliance of requirements mentioned in procedure of First Time
Charging (FTC) as applicable for other power system elements. The consolidated FTC
procedure including the requirements for BESS is available in public domain at
https://posoco.in/wp- content/uploads/2021/04/Procedure_for_Integration_of_Power_System_Elements.pdf

10. Safe Disposal of unit Batteries from the BESS

The Developer will comply with the requirements under Hazardous & other Waste
(Management and Transboundary Movement) Rules, 2016, as amended from time to time, as
applicable. The BESSD shall ensure that all Unit Battery modules from the plant after their
„end of life‟ (when they become defective/ non-operational/ non-repairable) are disposed in
accordance with the “e-waste (Management and Handling) Rules, 2016” notified by the
Government and as revised and amended from time to time and Battery Waste Management
Rules, as and when notified by the Government of India.

Page 104 of 123

 Annexure-B
CHECK LIST FOR FINANCIAL CLOSURE
(To be signed by the Authorized signatory of the BESSD)
(RfS No. dated )
Last Date for submission of documents related to Financial Closure –
(9 months from Effective Date of BESPA)

Project Company Name

Project ID:-
LOA No. - . Dtd. -
Effective Date of BESPA -
Scheduled Commissioning Date: -
1.0 Financial Closure - (Clause 23 of the RfS, including subsequent amendments &
clarifications)
Details Presently given in BESPA

Location

Technology

Certificate from all In case of tie up through Bank / Financial Institutions: -

financial institutions
Document from Bank / Financial Institutions certifying
arrangement of necessary funds by way of sanction of Loan (to be
enclosed as Annexure-I).

In case of Internal Resources: -

Copy of Board Resolution, Audited/Certified Balance sheet, Profit

& Loss Account Statement, Bank Statement and Cash Flow
Statement in support of availability of Internal resources of the
Project Company and of the Company other than Project
Company (in case the required funding will be raised from
Company other than Project Company) (to be enclosed as
Annexure-I).
Performa for the cases where funding will be from Company other
than Project Company is at „A-1’.
Note:-
(i) Copy of Final Detailed Project Report (DPR) is to be enclosed as Annexure – II A.

(ii) Undertaking by the Project Company that all Consents, clearances and permits required for
implementing the Project as per the terms of BESPA have been obtained is to be enclosed as
Annexure – II B

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2.0 Copy of Agreement/ MOU entered into / Purchase Order with acceptance, for
the supply of Plants and Equipment (to be enclosed as Annexure-III)

3.0 Technical Parameters of the Project (Clause 39 of the RfS)

3.1 Certificate from Project Company that Technical specifications and directives
given in Annexure-A of the RfS will be adhered to (to be enclosed as
Annexure-IV A)
3.2 Proposed Project configuration as part of DPR of the Project (to be
enclosed as Annexure-IV B)

4.0 Ownership of the BESSD: Latest Shareholding Pattern of the Project Company
(including Compulsorily Convertible Debentures (CCDs), Compulsorily
Convertible Preferential Shares (CCPS) of the Project Company certified by
Chartered Accountant (to be enclosed as Annexure V A)

Shareholding pattern is not required to be submitted by a Listed Company.

Note: Shareholding pattern is to be submitted by the Project Company, as and

when requisitioned by RVUNL.

5.0 The above checklist is to facilitate financial closure of projects. For any
interpretation the respective provision of RfS / BESPA shall prevail.

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 Appendix–I

DRAFT OF Battery Energy Storage Purchase Agreement (BESPA)

UPLOADED AS SEPARATE FILE.

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Appendix A to E related to transparency in public procurement
(Appendix-A)
Compliance with the Code of Integrity and no conflict of interest
Any person participating in a procurement process shall –
i. Not offer any bribe, reward or gift or any material benefit either
directly or indirectly in exchange for an unfair advantage in
procurement process or to otherwise influence the procurement
process;
ii. Not misrepresent or omit that misleads or attempts to mislead
so as to obtain a financial or other benefit or avoid an
obligation;
iii. Not indulge in any collusion, Bid rigging or anti-competitive
behavior to impair the transparency, fairness and progress of
the procurement process;
iv. Not misuse any information shared between the procuring
Entity and the Bidders with an intent to gain unfair advantage in
the procurement process;
v. Not indulge in any coercion including impairing or harming or
threatening to do the same, directly or indirectly, to any party or
to its property to influence the procurement process;
vi. Not obstruct any investigation or audit of a procurement
process;
vii. Disclose conflict of interest, if any; and
Disclose any previous transgressions with any Entity in India or any
other country during the last three years or any debarment by any
other procuring entity.
Conflict of Interest
The Bidder participating in a bidding process must not have a
Conflict of Interest. A Conflict of Interest is considered to be a
situation in which a party has interests that could improperly
influence that party's performance of official duties or
responsibilities, contractual obligations, or compliance with
applicable laws and regulations.
A Bidder may be considered to be in Conflict of Interest with one or
more parties in a bidding process if, including but not limited to:-

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(a) Have controlling partners/ shareholders in common; or
(b) Receive or have received any direct or indirect subsidy from any of
them; or
(c) Have the same legal representative for purposes of the Bid; or
(d) Have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to
information about or influence on the Bid of another Bidder, or
influence the decisions of the Procuring Entity regarding the
bidding process; or
(e) The Bidder participates in more than one Bid in a bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the Bidder is involved. However,
this does not limit the inclusion of the same subcontractor, not
otherwise participating as a Bidder, in more than one Bid; or
(f) The Bidder or any of its affiliates participated as a Consultant in the
preparation of the design or technical specifications of the Goods,
Works or Services that are the subject of the Bid; or
(g) Bidder or any of its affiliates has been hired (or is proposed to be
hired) by the Procuring Entity as engineer-in-charge/Consultant for
the contract.

Seal & Signature of Bidder

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 (Appendix-B)
Declaration by the Bidder
In relation to our Bid submitted to ………………………. [Designation
and address of the procuring entity] for procurement of
………………………… [name of the works] in response to their Notice
Inviting Bids No…………… Dated

………….we hereby declare, that:

We are eligible and possess the necessary professional, technical,

financial and managerial resources and competence required by the
Bidding Document issued by the Procuring Entity;
We have fulfilled our obligation to pay such of the taxes payable to the
Central Government or the State Government or any local authority, as
specified in the Bidding Document;
We are not insolvent, in receivership, bankrupt or being wound up, not
have our affairs administered by a court or a judicial officer, not have
our business activities suspended and are not the subject of legal
proceedings for any of the foregoing reasons;
We do not have, and our directors and officers not have, been
convicted of any criminal offence related to our professional conduct or
the making of false statements or misrepresentations as to our
qualifications to enter into a procurement contract within a period of
three years preceding the commencement of this procurement
process, or not have been otherwise disqualified pursuant to
debarment proceedings;
We do not have a conflict of interest as specified in the Rajasthan
Transparency in Public Procurement Act, the Rajasthan Transparency
in Public Procurement Rules and this Bidding Document, which
materially affects fair competition;
We have complied and shall continue to comply with the Code of
Integrity as specified in the Rajasthan Transparency in Public
Procurement Act, the Rajasthan Transparency in Public Procurement
Rules and this Bidding Document, till completion of all our obligations
under the Contract.
Date: Signature of Bidder
Place: Name:
Designation:
Address

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 Grievance Redressal during Procurement Process (as per RTPP)
The designation and address of the First Appellate Authority is Chairperson
Jaipur Discom. The designation and address of the Second Appellate
Authority is Principal Secretary/Secretary Energy Dept, GoR.
1. FILING AN APPEAL

If any Consultant or prospective Consultant is aggrieved that any

decision, action or omission of the Procuring Entity is in contravention to
the provisions of the Act or the Rules or the Guidelines issued there
under, he may file an appeal to First Appellate Authority, as specified in
the Bidding Document within a period of ten days from the date of such
decision or action, omission, as the case may be, clearly giving the
specific ground or grounds on which he feels aggrieved
Provided that after the declaration of a Consultant as successful the
appeal may be filed only by a Consultant who has participated in
procurement proceedings:
Provided further that in case a Procuring Entity evaluates the Technical
Bids before the opening of the Financial Bids, an appeal related to the
matter of Financial Bids may be filed only by a Consultant whose
Technical Bid is found to be acceptable.
2. The officer to whom an appeal is filed under para (I) shall deal with the
appeal as expeditiously as possible and shall Endeavour to dispose it of
within thirty days from the date of the appeal.
3. If the officer designated under para (1) fails to dispose of the appeal filed
within the period specified in para (2), or if the Consultant or prospective
Consultant or the Procuring Entity is aggrieved by the order passed by
the First Appellate Authority, the Consultant or prospective Consultant or
the Procuring Entity, as the case may be, may file a second appeal to
Second Appellate Authority specified in the Bidding Document in this
behalf within fifteen days from the expiry of the period specified in para
(2) or of the date of receipt of the order passed by the First Appellate
Authority, as the case may be.
4. APPEAL NOT TO LIE IN CERTAIN CASES:

No appeal shall lie against any decision of the Procuring Entity

relating to the following matters, namely
(a) Determination of need of procurement;
(b) Provisions limiting participation of Consultants in the Bid
process;
(c) The decision of whether or not to enter into negotiations;

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 (d) Cancellation of a procurement process;
(e) Applicability of the provisions of confidentiality.

5. FORM OF APPEAL

(a) An appeal under para (1) or (3) above shall be in the

annexed Form along with as many copies as there are
respondents in the appeal.
(b) Every appeal shall be accompanied by an order appealed
against, if any, affidavit verifying the facts stated in the
appeal and proof of payment of fee.
(c) Every appeal may be presented to First Appellate Authority
or Second Appellate Authority, as the case may be, in
person or through registered post or authorized
representative.
6. FEE FOR FILING APPEAL

(a) Fee for first appeal shall be rupees two thousand five
hundred and for second appeal shall be rupees ten
thousand, which shall be non-refundable.
(b) Scheduled Bank in India payable in the name of concerned
accounts authority or as specified in NIB/BDS.
7. PROCEDURE FOR DISPOSAL OF APPEAL
(a) The First Appellate Authority or Second Appellate
Authority, as the case may be, upon filing of appeal, shall
issue notice accompanied by copy of appeal, affidavit and
documents, if any, to the respondents and fix date of
hearing.
(b) On the date fixed for hearing, the First Appellate Authority
or Second Appellate Authority, as the case may be, shall, -
(i) Hear all the parties to appeal present before him;
and
(ii) Peruse or inspect documents, relevant records or
copies thereof relating to the matter.
(c) After hearing the parties, perusal or inspection of
documents and relevant records or copies thereof relating
to the matter, the Appellate Authority concerned shall pass

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 an order in writing and provide the copy of order to the
parties to appeal free of cost.
(d) The order passed under sub-clause (c) above shall also be
placed on the State Public Procurement Portal.

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 Appendix-C
1. can contact and visit site during 10 AM to 7 PM on or before Pre-bid
on their own.
2. The purpose of site visit is only for assessment of physical site
conditions by the prospective Bidders. Prospective Bidders shall rely
only on written clarifications/information/data issued by RVUNL
corporate office. RVUNL will not be bound to any
clarifications/information/data considered by prospective Bidders for
tendering purpose which are not issued by RVUNL corporate office.
3. Representatives of prospective Bidders shall obey the safety
guidelines during the site visit. For not obeying safety guidelines, it is
the sole responsibility of the visitor for any consequences/eventuality
happened at site.

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GA Drawing and Single Line Diagram

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 (Appendix -D)
Additional Conditions of Contract
1. Correction of Arithmetical Errors
Provided that a Financial Bid is substantially responsive, the
procuring Entity will correct arithmetical errors during evaluation
of Financial Bids on the following basis:-

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 (a) If there is a discrepancy between the unit price and the total
price that is obtained by multiplying the unit price and quantity,
the unit price shall prevail and the total price shall be corrected,
unless in the opinion of the Procuring Entity there is an obvious
misplacement of the decimal point in the unit price, in which case
the total price as quoted shall govern and the unit price shall be
corrected;
(b) If there is an error in a total corresponding to the addition or
subtraction of subtotals, the sub totals shall prevail and the total
shall be corrected; and
(c) If there is a discrepancy between words and figures, the amount
in words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (i) and (ii) above.
If the Bidder that submitted the lowest evaluated Bid does not
accept the correction of errors, its Bid shall be disqualified and its
Bid Security shall be forfeited.
2. Procuring Entity‟s Right to Vary Quantities

(a)At the time of award of contract, the quantity of Goods, works or

services originally specified in the Bidding Document may be
increased or decreased by a specified percentage, but such
increase or decrease shall not exceed twenty percent, of the
quantity specified in the Bidding Document. It shall be without
any change in the unit prices or other terms and conditions of the
Bid and the conditions of contract.
(b)If the Procuring Entity does not procure any subject matter of
procurement or procures less than the quantity specified in the
Bidding Document due to change in circumstances, the Bidder
shall not be entitled for any claim or compensation except
otherwise provided in the conditions of contract.
(c) In case of procurement of Goods or services, additional quantity
may be procured by placing a repeat order on the rates and
conditions of the original order. However, the additional quantity
shall not be more than 50% of the value of Goods of the original
contract and shall be within one month from the date of expiry of
the last supply. If the Supplier fails to do so, the Procuring Entity
shall be free to arrange for the balance supply by limited Bidding
and the extra cost incurred shall be recovered from the
Supplier/contractor.

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3. Dividing quantities among more than one Bidder at the time
of award
(In case of procurement of Goods)
As a general rules all the quantities of the subject matter of
procurement shall be procured from the Bidder, whose Bid is
accepted. However, when it is considered that the quantity of the
subject matter of procurement to be procured is very large and it
may not be in the capacity of the Bidder, whose Bid is accepted,
to deliver the entire quantity or when it is considered that the
subject matter of procurement to be procured is of critical and
vital nature, in such cases, the quantity may be divided between
the Bidder, whose Bid is accepted and the second lowest Bidder
or even more Bidders in that order, in a fair, transparent and
equitable manner at the rates of the Bidder, whose Bid is
accepted.

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 (Appendix-E)
Memorandum of Appeal under the Rajasthan Transparency in Public
Procurement Act, 2012

Appeal No ..................of ......................

Before the .............................. (First/Second Appellate Authority)

1. Particulars of appellant:
(I) Name of the appellant:
(II) Official address, if any:
(III) Residential address:
2. Name and address of the respondent(s):
(i)
(ii)
3. Number and date of the order appealed against and name and
designation of the officer/authority who passed the order (enclose
copy), or a statement of a decision, action or omission of the
Procuring Entity in contravention to the provisions of the Act by which
the appellant is aggrieved:
4. If the Appellant proposes to be represented by a representative,
the name and postal address of the representative…
5. Number of affidavits and documents enclosed with the appeal:
6. Grounds of appeal:
…………………………………………………………………………………………
….…
…….……………………………………………………………………………………
………
…………….(Supported by an affidavit)
7.Prayer:……………………………………………………………………
………………………
Place ....................
Date ......................
Appellant's
Signature:
Note :
1. Continuation sheets of like size and format may be used as per
Bidder's requirements and annexed to this Schedule.
2. The deviations and variations, if any, shall be brought out separately
for each of the item.

**

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 Appendix-F

PROJECT LOCATION DETAILS

(Bidders are requested to contact RVUNL for further details,

if required)

S.N Name of RVUNL Maximum Evacuation Spare Contact

Generation project capacity land details
Station capacity
1. Giral Lignite 125 MW/250
Thermal Power MWh
Plant (GLTPP)

2. Suratgarh Super 125 MW/250

Thermal Power MWh
Station (SSTPS),
Suratgarh

3. RVPN 220 kV GSS- 125 MW/250

Sakatpura, Kota. MWh

4. RVPN 220 or 400 125 MW/250

kV GSS Heerapura, MWh
Jaipur

******

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