Escolar Documentos
Profissional Documentos
Cultura Documentos
OF GBESS
Email: cgm_ipc@southernpowerap.co.in
22nd May 2017
Contents
DISCLAIMER ii
2 Definitions 2
5 Other Provisions 25
6 Formats 26
DISCLAIMER
1. The RFP document is not transferable.
2. This RFP is issued by Southern Power Distribution Company of Andhra Pradesh Limited
(APSPDCL).
3. The Bid document is not a prospectus or offer on invitation to the public in relation to the sale
of shares, debentures or securities, nor shall this Bid document or any part of it form the basis
of or be relied upon in any way in connection with, any contract relating to any shares,
debentures or securities.
4. In considering a response to this Request for Proposal (RFP), each recipient should make its
own independent assessment and seek its own professional, technical, financial and legal
advice.
5. Whilst the information in this RFP document has been prepared in good faith, it is not and
does not purport to be comprehensive or to have been independently verified. Neither
APSPDCL nor any of their officers or employees, nor any of their advisers nor consultants,
accept any liability or responsibility for the accuracy, reasonableness or completeness of,
or for any errors, omissions or misstatements, negligent or otherwise, relating to the proposed
Work, or makes any representation or warranty, express or implied, with respect to the
information contained in this document or on which this document is based or with respect to
any written or oral information made or to be made available to any of the recipients or their
professional advisers and, so far as permitted by law and except in the case of fraudulent
misrepresentation by the party concerned, and liability therefore is hereby expressly
disclaimed.
6. The information contained in this document is selective and is subject to updating,
expansion, revision and amendment issued before due date. It does not, and does not
purport to, contain all the information that a recipient may require. Neither APSPDCL
nor any of their officers, employees nor any of its advisors nor consultants undertakes
to provide any recipient with access to any additional information or to update the
information in this document or to correct any inaccuracies therein which may
become apparent. Each recipient must conduct its own analysis of the information
contained in this document or to correct any inaccuracies therein that may be
contained in this document and is advised to carry out its own investigation in relation
to the Work(s)/Tender, the legislative and regulatory regime which applies thereto
and by and all matters pertinent to the proposed Work/Tender and to seek its own
professional advice on the legal, financial, regulatory and taxation consequences of
entering into any agreement or arrangement relating to the proposed Work/Tender.
7. This RFP document, if includes certain statements, estimates, projections, designs,
targets and forecasts with respect to the Work, such statements, estimates, projections,
targets and forecasts, designs reflect various assumptions made by the management,
officers and employees of APSPDCL, which assumptions (and the base information
on which they are made) may or may not prove to be correct. No representation or
warranty is given as to the reasonableness of forecasts or the assumptions on which
they may be based and nothing in this document is, or should be relied on as a promise,
representation or warranty.
8. APSPDCL reserves the right to modify, amend or supplement or cancel this RFP document,
without any prior notice or without assigning any reason.
1. Issue of RFP
The detailed terms and conditions for qualification of the Bidders and for Bid submission are
indicated in the RFP. All those interested in obtaining the RFP may download the RFP from
https://tender.apeprocurement.gov.in. Please visit https://tender.apeprocurement.gov.in for
details regarding online submission of the RFP.
Bidders are required to procure a Digital Signature Certificate from any Certifying Authorities
(CA) in India from the list mentioned in the below URL:
https://tender.apeprocurement.gov.in/DigitalCertificate/signature.html
The Digital Signature Certificate is mandatory for participation in eProcurement. The Bids can
be submitted only upon logging-in with the Digital Signature Certificate in the eProcurement
portal.
The Bidders shall submit their eligibility and qualification details, Technical Bid, Financial Bid
etc., in the standard formats displayed in eProcurement web site. The Bidders shall upload the
scanned copies of all the relevant certificates, documents etc., in support of their eligibility
criteria/Technical Bids and other certificate/documents in the eProcurement web site. The Bidder
shall sign on the statements, documents, certificates, uploaded by him, owning responsibility for
their correctness/authenticity.
Bid must be submitted at the website mentioned in the RFP on or before 27th June 2017 (last date
of submission of Bid) 17:00 hrs. (IST). If it is a public holiday on the last date for submission of
the Bid, the submission and the receipt of the Bid shall be on the next working day. The Techno-
commercial Bid and the Financial Bid shall be opened as per the time schedule given in Clause
3.2 of the RFP.
The Authorized Representative shall abide by the Government Orders G.O. Ms. No. 174, Dated:
01-09-2008, G.O. Ms. No. 11, Dated: 01-07-2003, G.O. Ms. No.4, Dated: 17-02-2005, G.O. Ms.
No. 6, Dated: 28-02-2005, G.O. Ms. No. 6, Dated: 11-1-2005 and G.O. Ms. No. Dated: 30-12-
2005, while conducting the eProcurement process. The Bidders are requested to read these orders
available at https://tender.apeprocurement.gov.in/html/download.asp
The Bidders are required to pay a Non-refundable Transaction fee of INR 10,000 (Ten thousand
only) to MD APTS, the service provider through "Payment Gateway Service on E-Procurement
platform". The Electronic Payment Gateway accepts all Master and Visa Credit Cards issued by
any bank and Direct Debit facility/Net Banking of ICICI Bank, HDFC, Axis Bank to facilitate
the transaction. A service tax as applicable and Bank Charges for Credit Card Transaction of
2.09% (inclusive of service tax) on the transaction amount payable to MD, APTS shall be
applicable.
4. Corpus Fund:
As per G.O. Ms. No.4, the User Department/Authorized Representative shall collect INR 25,000/-
(Rupees twenty five thousand only) from only Successful Bidders on eProcurement platform
before entering into agreement, towards eProcurement fund in favor of Managing Director, APTS.
Hence upon declaration of the Successful Bidder(s) as per the provisions of the RFP, the
Authorized Representative shall collect this amount from the Successful Bidders(s) and transfer
the same to Managing Director, APTS.
All correspondence, clarifications in respect of the RFP and submission of the Bid shall be
addressed to:
1. All capitalized words and expressions used in this notification but not defined herein
shall have the same meaning as ascribed to them in the RFP.
Sl. No Description
1 Authorised Representative APSPDCL on behalf of APSPDCL and APEPDCL
2 Office CGM (P&MM IPC), APSPDCL
3 Tender Reference Number APSPDCL/01/GBESS/2017 Dated 22/05/2017
4 Tender Subject Procurement of GBESS along with other systems like PCS,
Communication system with warranty for 10 years in
Andhra Pradesh State
5 Tender Type Open tender
6 Tender Category Competitive Bidding
7 Definitions and For the purpose of eProcurement, the following definitions
Interpretations shall apply
Tender Inviting Authority shall mean the same as
Authorised Representative as per the Definitions in this
RFP
Tender Documents shall mean the same as the RFP
Documents as per the Definitions in this RFP
21 Place of Tender Opening O/o Chief Engineer, IPC & PS, Vidyut Soudha, Hyderabad
https://tender.apeprocurement.gov.in.
(OR)
3. Hard copies:
4. Deactivation of Bidders
If any Successful Bidder fails to submit the original hard
copies of uploaded certificates/documents, within stipulated
time or if any variation is noticed between the uploaded
documents and the hard copies submitted by the Bidder, as
the successful Bidder will be barred from participating in
the tenders on eProcurement platform for a period of 3
years. The eProcurement system would deactivate the user
ID of such defaulting Bidder based on the
7. RFP Document:
The Bidder is requested to download the RFP document
and read all the terms and conditions mentioned in the RFP
Document and seek clarification if any from the Authorised
Representative. Any offline Bid submission clause in this
RFP could be neglected.
1.1 Introduction
1.1.1 The DISCOMs i.e. Southern Power Distribution Company of Andhra Pradesh Limited
(APSPDCL) and/ or Eastern Power Distribution Company of Andhra Pradesh Limited
(APEPDCL) intend to select Successful Bidders for supply of one integrated Lithium Ion
battery storage system of 1MW and 4MWh capacity as per RFP technical specifications and other
applicable guidelines, under the e-procurement process.
1.1.2 Bidders declared as Successful Bidder based on this RFP shall sign Procurement Agreement (PA)
with the DISCOM in line with terms and conditions of this RFP and the PA.
1.1.3 The Successful Bidder shall supply the GBESS and other essential systems as mentioned in the
RFP to the delivery site. The delivery site shall be any district in Andhra Pradesh and the site
location and address shall be intimated during execution of PA.
1.1.4 The Bid process shall be carried out for Procurement of GBESS in the state of Andhra Pradesh.
DISCOM may discuss with the Successful Bidder for Installation and O&M support outside the
purview of this RFP and Agreement.
1.2 Background
1.2.1 Andhra Pradesh is planning to set up Agriculture Feeder based Solar PV that can be installed at
the 33 kV side mouth of Feeder. This Solar plant shall supply power to the Agriculture pumpsets
connected to downward feeders. GoAP is planning to connect grid scale battery as part of pilot
Work to make the substation and grid independent and self-sustainable acting as mini grid. This
will reduce Distribution loss because of nearness to load and reduce dependency on grid supply.
1.2.2 This pilot Work will enable DISCOM understand leveraging renewables by using storage system
in the grid in future.
2 Definitions
Any capitalized term, used but not defined in this RFP, shall have the meaning ascribed to such
term in the PA. In absence of availability of definitions in the foregoing references, the capitalized
terms shall be interpreted in accordance with the Electricity Act 2003, the Appropriate
Commission (Terms and Conditions of Tariff Regulations, Grid Code or any other relevant
electricity law, rule or regulation prevalent in India, as amended or re-enacted from time to time,
in that order.) or the Ministry of New and Renewable Energy (Notifications, policies, guidelines
as notified or amended from time to time)
Following terms used in the document will carry the meaning and interpretations as
described below:
Authorised Representative shall mean the body authorised to carry out the Bidding process
for the selection of the Successful Bidder(s). As per this RFP, APSPDCL is the Authorised
Representative.
Authorised Signatory shall have the same meaning as assigned to in clause 3.9.8 of the RFP
Bank Guarantee shall mean the guarantees required to be furnished by the Bidder in
accordance with the provisions of Clause 3.7 of this RFP
Bid shall mean the Prequalification Bid submitted by the Bidder in accordance with provisions
of Clause 3.10.1 (A), Technical Bid submitted by the Bidder as per the Clause 3.10.1 (B) and
Financial Bid submitted by the Bidder as per Clause 3.6 and Clause 3.10.1 (C) of this RFP, in
response to this RFP, in accordance with the terms and conditions thereof
Bid Processing Fee shall have the same meaning as per Clause 3.1.2 of this RFP
Bidder shall mean natural person or legal entity including Bidding 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;
Bidding Company shall refer to such single Company that has submitted the response in
accordance with the provisions of this RFP;
Bid Deadline shall mean the last date and time for submission of Bid in response to this RFP
as specified in Clause 3.2 of the RFP
Bid Parameter shall have the same meaning as provided in Clause 3.6 of this RFP
Bid Validity shall have the same meaning as provided in section 3.12 of this RFP
Chartered Accountant shall mean a person practicing in India or a Firm wherein all the
partners practicing in India are Chartered Accountant(s) within the meaning of the Chartered
Accountants Act, 1949;
Commissioning shall mean the event in which the GBESS Grid Scale Battery Energy Storage
System with civil and electrical BOP are installed, integrated with the grid and is deemed to be
fit for operation. DISCOM shall provide a completion certificate for the project to the third party
responsible for installation, integration and commissioning of the GBESS marking successful
event. Commissioning is not under scope of Work;
Company shall mean a body corporate incorporated in India under the Companies Act, 1956
or the Companies Act, 2013, as applicable;
Conflict of Interest A Bidder may be considered to be in Conflict of Interest with one or more
Bidders in the same Bid process under this RFP, if they have a relationship with each other,
directly or indirectly through a common Company/ Firm/Promoter, that puts them in a position
to have access to information about or influence the Bid of another Bidder
Date of Procurement (DOP) shall mean the date on which the GBESS along with essential
systems are procured successfully
DISCOM shall mean power Distribution Companies of Andhra Pradesh. In this RFP,
DISCOMs shall refer to APSPDCL and APEPDCL collectively
Effective Date shall mean the date of execution of Procurement Agreement (IA) by all the
Parties to the Agreement;
EMD shall have the same meaning as provided in Clause 3.7.1 of this RFP
Financial Bid shall mean the documents and formats as specified in Clause 3.10.1 (C) of the
RFP
Financial Eligibility Criteria shall mean provisions of Clause 3.5.3 of this RFP
General Eligibility Criteria shall mean provisions of Clause 3.5.1 of this RFP
Group Company of a Company means (i) a Company which, directly or indirectly, holds 10%
(ten percent) or more of the share capital of the Company or (ii) a Company in which the
Company, directly or indirectly, holds 10% (ten percent) or more of the share capital of such
Company or (iii) a Company in which the Company, directly or indirectly, has the power to direct
or cause to be directed the management and policies of such Company whether through the
ownership of securities or agreement or any other arrangement or otherwise or (iv) a Company
which, directly or indirectly, has the power to direct or cause to be directed the management and
policies of the Company whether through the ownership of securities or agreement or any other
arrangement or otherwise or (v) a Company which is under common control with the Company,
and control means ownership by one Company of at least 10% (ten 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. However, above mentioned provisions are not applicable in case of
Public Sector Undertakings/Enterprises;
Provided that a financial institution, scheduled bank, foreign institutional investor, Non-Banking
Financial Company, and any mutual fund shall not be deemed to be Group Company, and its
shareholding and the power to direct or cause to be directed the management and policies of a
Company shall not be considered for the purposes of this definition unless it is the Member of
the Consortium delivering the Work;
Lead Member of the Bidding Consortium or Lead Member shall mean a company which
meets the eligibility criteria as per clause 3.5.1, and so designated by other Member(s) in Bidding
Consortium..
Letter of Award or LoA shall mean the letter issued by the Authorised Representative to the
Successful Bidder for award of the Work;
Parent shall mean a Company, which holds more than 50% equity either directly or indirectly
in the Supplier delivering the Work;
PCS or Power Conditioning System or Power Conversion System shall mean a system
which converts AC to DC during charging of battery and convert DC to AC during discharging
of battery and will also include charge controller and associated control and protection system.
Performance Guarantee (PG) shall mean the Bank Guarantee furnished by the SPD to
DISCOM, to assure timely and satisfactory completion of a Work by the SPD as described in the
RFP. Please refer to Clause 3.7 of the RFP
Quoted Price shall mean such firm price quoted by the Bidder under Format 6.5 of this RFP
that will be payable for Supply as per the provisions of this RFP and PA
Qualified Bidder shall mean the Bidder (s) who, after evaluation of their Technical Bid(s) as
per Clause 4.1.2 of the RFP meet the Qualification Requirements and hence stand qualified for
opening and evaluation of their Financial Bid(s)
Qualification Requirements shall mean the General Eligibility Criteria, Technical Eligibility
Criteria and Financial Eligibility Criteria including the conditions pertaining to computation of
Technical Score/Minimum Technical Score as specified under this RFP
RFP Documents shall mean the RFP document issued by Authorised Representative including
the PA and all attachments vide RFP No. APSPDCL/01/GBESS/2017 dated 22 May 2017 for
Selection of suppliers for Procurement of GBESS in Andhra Pradesh State and shall include
any modifications, amendments, alterations or clarifications thereto.
Scheduled Date of Procurement (SDOP) shall mean the date which is 180 (one hundred
eighty) days from the date of issue of Purchase Order by DISCOM to the Supplier, on which date
the Supplier is required to supply the Battery Energy Storage System(s) in accordance with the
provisions of the AGREEMENT.
Successful Bidder shall mean the Bidder selected pursuant to this RFP to supply the GBESS
as per the terms of PA;
Supplier/ Developer shall mean the Successful Bidder, pursuant to the provisions of this RFP,
with which the DISCOM has executed the PA for supply of the GBESS as per the terms and
conditions specified in RFP Documents;
Technical Bid shall mean the documents and formats as specified in Clause 3.10.1 (B) of the
RFP
Technical Eligibility Criteria shall mean provisions of Clause 3.5.2 of this RFP
Ultimate Parent shall mean a Company, which owns at least more than fifty percent (50%)
equity either directly or indirectly in the Parent and Affiliates;
Work shall mean supply, delivery and testing of GBESS and other essential systems.
3.1.1 All those interested in the RFP can download the RFP from the website
https://tender.apeprocurement.gov.in. All information related to submission of response to this
RFP and the Bid shall be available at the aforementioned website.
3.1.2 Prospective Bidders interested to participate in the bidding process are required to submit their
Bids in response to this RFP document along with a non- refundable Bid Processing Fee of INR
2,00,000 (Rupees Two Lakh Only) per Bid offered by the Bidder in the form of DD / Pay Order
payable in favour of Pay officer, APSPDCL, Tirupati, payable at Tirupati or through RTGS to
Account No. 52089645509, IFSC code: SBHY0020328, PAN NO: AAHC4056Q. A Bidding
Company / Consortium will be eligible to participate in the bidding process only on submission
of Bid Processing Fee.
3.1.3 Bidders shall provide the above non-refundable Bid Processing Fee in the form of DD / Pay
Order payable in favour of AP. Any Bidder will be eligible to participate in the Bid process
only upon submission of Bid Processing Fee at the following address of the Authorised
Representative as per the timelines specified in Clause 3.2 of the RFP.
3.1.4 Notwithstanding anything to the contrary contained in this RFP, the Authorised Representative
shall open the Technical Bid of the Bidder, only upon receipt of the above non-refundable Bid
Processing Fee, along with the Covering Letter as per Format 6.0 (PQ) within the timelines
mentioned in Clause 3.2 of the RFP. Bidders shall also upload scanned copies of the original
EMD and the DD towards Bid Processing Fee on the eProcurement platform under the PQ Bid.
5 Bid Deadline i.e. Last Date for submission of 27-06-2017 17:00 Hrs
Bids
The Authorised Representative reserves the right to change the above Bid process timelines.
However the Authorised Representative shall notify prospective Bidders through
email/notification on website/eProcurement platform regarding changes to the above timelines.
ii) The storage system should be capable of integrating into the existing substation
framework.
iii) The Successful Bidder shall also warrant the product and parts for ten (10) years free of
cost.
iv) Deleted
v) Successful Bidder shall deliver the GBESS and other essential systems as per RFP and
PA within 180 (one hundred eighty days) from issue of Purchase Order.
vi) Successful Bidder shall provide comprehensive documents applicable for the offered
GBESS including of the Equipment, Installation Manual, Integration Manual, Operation
and Maintenance Manual.
vii) Successful Bidder shall provide on-site support during installation, integration and
commissioning of the GBESS.
viii) Successful Bidder shall also provide the requisite training to the local EPC
team(s)/Discom personnel - as required.
i. Supply GBESS, PCS and other required systems for successful installation
ii. Commissioning tests of the systems supplied at the site in Andhra Pradesh
iii. Transportation and tax payment related to the delivery of this Work
iv. The Successful Bidder shall warrant the product and parts for 10 years.
v. The Bidders may be asked to provide EPC and O&M support outside this contract
i. Identification of suitable feeder and provide relevant data for the feeder like, number of
connections, connected load, Peak load on the feeder Etc.
ii. Develop Procurement Agreement after discussion with Successful Bidder and enter into the
PA.
iii. Technical support to be provided by DISCOM for successful and easy integration into grid,
if necessary
(a) The Bidder for pre-qualification may be a single entity or a group of entities (the
Consortium), coming together to deliver the Work. However, no applicant applying
individually or as a member of a Consortium, as the case may be, can be member of another
Applicant. The term Applicant used herein would apply to both a single entity and a Consortium.
(b) An Bidder may be a natural person, private entity, government-owned entity or any
combination of them with a formal intent to enter into an agreement or under an existing
agreement to form a Consortium.
3.6.1 Bidders shall quote price (Quoted Price) for the delivery of requisite number of GBESS
delivered to the site. Such Quoted Price shall be the Bid Parameter.
3.6.2 Under Format 6.5 of the Financial Bid, the Bidder shall specify Quoted Price per GBESS. The
Bidder shall specify Quoted Price in INR. Quoted Price shall be inclusive of Equipment cost (all-
inclusive price payable by the DISCOMs towards complete Design, Supply, Testing and
warranty, O&M support and other scope as per Clause 3.4), transportation cost from
manufacturing plant to site and inclusive of all taxes. No other charges over and above the Quoted
Price as per PA shall be payable to the Supplier.
3.6.3 It should be noted that 80% of Quoted Price shall be paid in total after successful procurement of
Work. 10% of Quoted Price shall be paid after successful commissioning of GBESS. Remaining
10% of Quoted price shall be paid on submission of Bank Guarantee amounting to 10% Quoted
Price but not before commissioning of the GBESS. The Developer needs to maintain
Performance Guarantee amounting 10% of Quoted Price for ten years after Date of Procurement.
The Bank Guarantee shall be released at end of 10 years from commissioning of the GBESS
without interest.
3.7.1 Earnest Model Deposit: Earnest Money Deposit (EMD) of Rs.25,00,000/- (Rupees Twenty Five
Lakh) in the form of a DD in favour of APSPDCL payable at Tirupati or a Bank Guarantee
with a validity of 180 days according to Format 6.3, shall be submitted by the Bidder along with
the Bid, failing which the Bid shall be summarily rejected. The copy of the DD shall be uploaded
and the original DD shall be furnished to APSPDCL before closing date, failing which the tender
cannot be considered.
3.7.2 Deleted
3.7.3 Performance Guarantee (PG): Successful Bidders, selected by the Authorised Representative,
based on this RFP shall submit Performance Guarantees as below:
(A) Performance Guarantee for an amount equal to 10% of the total cost of the GBESS shall
be submitted having validity of ten (10) years from the Scheduled DOP.
(B) Performance Guarantee is to be submitted within forty five (45) days of execution of the
PA. It may be noted that Suppliers shall submit the Performance Guarantee according to
the Annexure-B.
(C) Performance Guarantee shall be returned after ten (10) years without any interest.
3.7.4 The format of the Bank Guarantee, if submitted, prescribed in the RFP shall be strictly adhered
to and any deviation from the above formats may result in rejection of the EMD/PG and
consequently, the Bid.
3.7.5 The Bidders declared as Successful Bidder based on this RFP are required to execute PA with
DISCOMs within thirty (30) days of the issue of LoA. If the Successful Bidder fails to execute
the PA within the stipulated period solely for the reasons attributable to the Successful Bidder,
then the amount submitted towards EMD shall be forfeited by Authorised Representative. If the
Successful Bidder fails to submit PG within the stipulated period, then the corresponding amount
shall be retained from Quoted Price towards PG by Authorised Representative.
3.7.6 The Bank Guarantees shall be executed on non-judicial stamp paper of appropriate value as per
Stamp Act relevant to the place of execution. The Bank Guarantees have to be in the name of the
Bidding Company/ Lead Member of Bidding Consortium.
3.7.7 All expenditure towards execution of Bank Guarantees such as stamp duty etc. shall be borne by
the Bidders.
3.7.8 After the completion of the Bid process, Authorised Representative shall release the EMD of the
unsuccessful Bidders within thirty (30) days after the issue of Letter of Award (LoA) to the
Successful Bidders. Authorised Representative shall release the EMD of the Successful Bidder
within thirty (30) days after the receipt of Performance Guarantee.
3.8.1 DISCOMs shall execute Procurement Agreement with Successful Bidders based on this RFP. A
format of the Procurement Agreement to be executed between DISCOMs and the Successful
Bidders shall be uploaded on the website https://tender.apeprocurement.gov.in along with this
RFP. The PA shall be signed within thirty (30) working days of the date of issue of Letter of
Award (LoA). The PA shall be valid starting from the Effective Date till such period as required
so as to include ten (10) years from the DOP of GBESS.
3.8.2 Before signing of PA with the Successful Bidders, Authorised Representative will verify the
documents furnished by the Bidders at the time of Bid submission with a copy of complete
documentary evidence supported with the original documents. Authorised Representative at this
stage may also ask the Bidders to furnish the audited balance sheet along with complete Bank
Statement starting from Bid submission date till date along with a copy of the documents
submitted with Registrar of Companies, which became due during this period. If at this stage it
is found that the documents furnished by the Bidders are false / misleading or misrepresented in
any way then the relevant provisions contained in this RFP will be applicable.
3.8.3 Before signing of PA the Authorised Representative shall check for fulfilment of all obligations
of Successful Bidder specified in this RFP and Authorised Representative shall have the right to
forfeit the EMD in case the Successful Bidder does not fulfil any of the obligations or fails to
enter into a PA within as stipulated period unless it is extended by the Authorised Representative.
3.8.4 In case the Successful Bidder fails to sign the PA or fails to submit the Performance Guarantee
within the stipulated time for reasons solely attributed to the Bidder, the EMD shall be forfeited
and the Authorised Representative reserves the right to blacklist the Bidder.
3.9.2 The Bidder would be required to register on the e-procurement market place
www.apeprocurement.gov.in or https://tender.apeprocurement.gov.in and submit their Bids
online. Offline Bids shall not be entertained by the Authorised Representative for this RFP.
3.9.3 The Bidder shall upload Prequalification Bid, Technical Bid and the Financial Bid on the website
specified in Clause 3.9.1 of the RFP. The information pertaining to Technical Bid and the
Financial Bid shall be scanned and uploaded by the Bidder as per the formats specified in Section
6 (Formats for RFP) of this RFP.
3.9.4 The Bidders shall upload the scanned copies of all the relevant certificates, documents etc., in
support of their Qualification Requirement and other certificate/documents in the eProcurement
web site. Each format has to be duly signed and stamped by the Authorised Signatory of the
Bidder. The scanned copy of such signed and stamped format shall be uploaded by the Bidder on
the website specified in Clause 3.9.1 of the RFP.
3.9.5 Further, in addition to above, the Bidder shall submit the hard copy of the Bid, in the manner
specified in clause 3.10.2, in original, as per the timelines specified in Clause 3.2 of this RFP, to
the address mentioned below:
3.9.6 Strict adherence to the formats wherever specified, is required. Wherever, information has been
sought in specified formats, the Bidder shall refrain from referring to brochures/pamphlets. Non-
adherence to formats and/or submission of incomplete information may be a ground for declaring
the Bid as non-responsive. Each format has to be duly signed and stamped by the Authorised
Signatory of the Bidder. The scanned copy of such signed and stamped format shall be uploaded
by the Bidder on the website specified in Clause 3.9.1 of the RFP
3.9.7 The Bidder shall furnish documentary evidence in support of meeting Qualification
Requirements set forth in Clause 3.5 of the RFP to the satisfaction of the Authorised
Representative
(OR)
Any other Registration Authorities of any Certifying Authorities in India. The list of CAs
are available on the link
https://tender.apeprocurement.gov.in/DigitalCertificate/signature.html.
3) Payment of transaction fee
It is mandatory for all the participant Bidders from 1st January 2006 to electronically pay
a Non-refundable Transaction fee of INR 10,000 to M/s. APTS, the service provider
through "Payment Gateway Service on E-Procurement platform". The Electronic
Payment Gateway accepts all Master and Visa Credit Cards issued by any bank and
Direct Debit facility/Net Banking of ICICI Bank, HDFC, Axis Bank to facilitate the
transaction. Service tax as applicable + Bank Charges for Credit Card Transaction of
2.09% (inclusive of Service Tax) on the transaction amount payable to APTS shall be
applicable.
3.10.1 The Bids in response to this RFP shall be submitted by the Bidders in the manner provided in
Clause 3.9 of the RFP. The Bid uploaded on the website specified in Clause 3.9.1 of the RFP
shall comprise of the following:
A) Prequalification Bid (Applicable for all the Bidders)
1. Covering Letter corresponding to Prequalification Bid as per Format 6.0 (PQ) of this
RFP
2. Legible scanned copies of EMD shall be uploaded in accordance with Clause 3.1.2, 3.7.1
of this RFP and as per timelines specified in Clause 3.2 of the RFP
B) Technical Bid
SL Format No. Description
No.
1 Format 6.1 Covering Letter
2 Format 6.2A Power of Attorney
3 Format 6.2 C Power of Attorney for Lead Member of Consortium
4 Format 6.2D Consortium Agreement on a Stamp Paper of atleast Rs.100/-
value which shall be registered before execution of the PA if
the Consortium is declared as Successful Bidder.
5 Format 6.3 Earnest Money Deposit (EMD)
6 Format 6.4A General Eligibility Criteria
7 Format 6.4B Technical Eligibility Criteria
8 Format 6.4C Financial Eligibility Criteria
Contents of Inner Envelope-3: Envelope shall be labelled as Financial Bid and should
contain the following
Financial Bid as per Format 6.5 and in accordance with provisions of clause 3.6 of this
RFP.
Each Envelope shall indicate the complete name, address, telephone numbers (with city code)
and facsimile number of the Applicant(s). Envelope containing the Bid shall be addressed to
Chief General Manager (P&MM, IPC), APSPDCL as specified in clause 3.9.5.
3.11.1 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.
3.11.2 The Bidders shall ensure that the scanned copies uploaded on the eProcurement platform i.e. PQ
Bid, Technical Bid and Financial Bid are legible and the content is clearly visible.
3.11.3 The Bidders shall be evaluated based on the undertakings and/or declarations and/or information
and/or documents provided by them in relevant schedules of RFP. The information and/or
documents submitted along with the Bid may be verified before signing of PA in terms of Clause
3.8.
3.11.4 If the Bidder conceals any material information or makes a wrong statement or misrepresents
facts or makes a misleading statement in its Bid, in any manner whatsoever, Authorised
Representative reserves the right to reject such Bid and/or cancel the Letter of Award, if issued
and the EMD provided shall be forfeited. Bidder shall be solely responsible for disqualification
based on their declaration in Bid. No two Bidders in this Bid process shall be in Conflict of
Interest with one another.
3.11.5 If the events specified at Clause 3.11.3 and Clause 3.11.4 are discovered after the Effective Date
of the PA, consequences specified in PA shall apply.
3.11.6 Bids submitted by the Bidder shall become the property of the Authorised Representative and the
Authorised Representative shall have no obligation to return the same to the Bidder. However,
the EMDs submitted by unsuccessful Bidders shall be returned as specified in Clause 3.7.8.
3.11.7 All pages of the Bid submitted must be initialled by the Authorised Signatory of the Bidder
authorised through a power of attorney as applicable and as provided in Clause 3.9.8 this RFP.
3.11.8 The Bids shall be submitted as mentioned in Clauses 3.9 and 3.10. No change or supplemental
information to the Bid will be accepted after the Bid Deadline. The Authorised Representative
may, at its sole discretion, ask for additional information/document and/or seek clarifications
from a Bidder after the Bid Deadline, inter alia, for the purposes of removal of inconsistencies or
infirmities in its Bid. However, no change in the Quoted Price or any matter relating to Quoted
Price shall be sought or permitted by the Authorised Representative. Delay in submission of
additional information and/or documents sought by the Authorised Representative shall make the
Bid liable for rejection.
3.11.9 All the information should be submitted in English language only. Where the original documents
are in a language other than English, the Bidders shall submit certified true translations of such
documents.
3.11.10 Bidders shall mention the name of the Authorised Signatory, as per Clause 3.9 of the RFP and
complete address of the Bidder in the covering letter.
3.11.11 Bids that are incomplete, which do not substantially meet the requirements prescribed in this
RFP, will be liable for rejection by Authorised Representative. Bids not submitted in the specified
formats will be liable for rejection by Authorised Representative. Non submission and/or
submission of incomplete data/ information required under the provisions of RFP shall not be
construed as waiver on the part of Authorised Representative of the obligation of the Bidder to
furnish the said data/information unless the waiver is in writing.
3.11.12 The Qualified Bidder(s) will be required to continue to maintain compliance with the
Qualification Requirements specified in this RFP throughout the Bidding process and till the
DOP of all the GBESS (s).
3.11.13 This RFP document includes statements, which reflect the various assumptions arrived at by the
Authorised Representative in order to give a reflection of the current status in the RFP. It is
entirely upon by the Bidders in making their own assessments. This RFP does not purport to
contain all the information each Bidder may require and may not be appropriate for all persons.
Each Bidder should conduct its own investigations and analysis and should check the accuracy,
reliability and completeness of the information in this RFP and obtain independent advice from
appropriate sources.
3.11.14 Technical information received/shared by either parties during the bid process shall be retained
in strict confidence with each other and will not be used for any purpose other than the purpose
of this tender.
3.16.1 The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bid process and subsequent to the issue of the LOA.
Notwithstanding anything to the contrary contained herein, or in the LOA, the Authorized
Representative shall reject a Bid, withdraw the LOA, as the case may be, without being liable in
any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or indirectly
or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bid process. In such an event, the Authorized
Representative shall forfeit the EMD, without prejudice to any other right or remedy that may be
available to the Authorized Representative hereunder or otherwise.
3.16.2 Without prejudice to the rights of the Authorized Representative under Clause 3.16 hereinabove
and the rights and remedies which the Authorized Representative may have under the LOA, if a
Bidder is found by the Authorized Representative to have directly or indirectly or through an
agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bid process, or after the issue of the LOA,
such Bidder shall not be eligible to participate in any tender or RFP issued by the Authorized
Representative, during a period of two (2) years from the date such Bidder is found by the
Authorized Representative to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practices, as the case may be.
3.16.3 For the purposes of this Clause 3.16, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with the Bid
process (for avoidance of doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of the Authorized Representative who is
or has been associated or dealt in any manner, directly or indirectly with the Bid process or the
LOA or has dealt with matters concerning the PA or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from the date such official resigns
or retires from or otherwise ceases to be in the service of the Authorized Representative, shall be
deemed to constitute influencing the actions of a person connected with the Bid Process); or (ii)
engaging in any manner whatsoever, whether during the Bid Process or after the issue of the
LOA or after the execution of the PA, as the case may be, any person in respect of any matter
relating to the Work or the LOA or the PA, who at any time has been or is a legal, financial or
technical adviser of the Authorized Representative in relation to any matter concerning the Work;
(c) Coercive practice means impairing or harming, or threatening to impair or harm, directly
or indirectly, any person or property to influence any persons participation or action in the Bid
process;
(d) undesirable practice means (i) establishing contact with any person connected with or
employed or engaged by the Authorized Representative with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bid process; or (ii) having
a Conflict of Interest; and
4. It shall be the responsibility of the Bidder to ensure that all the documents have been
successfully uploaded on the eProcurement platform. No reminders in this case shall be sent.
It will be the sole responsibility of the Bidders to remove all the discrepancies/infirmities and
upload/furnish additional documents as requested by Authorised Representative, to the
satisfaction of Authorised Representative. Authorised Representative shall not be responsible
for rejection of any Bid on account of the above.
5. Bids meeting the Qualification Requirements specified in this RFP shall be technically
responsive and the corresponding Bidder shall be declared as the Qualified Bidders
6. Subsequent to the completion of evaluation of Technical Bids as detailed above, the list of
Qualified Bidders will be uploaded on the website of Authorised Representative and will also
be known to the Bidders via the eProcurement platform.
5 Other Provisions
5.1 If any disputes arise in this and not resolved by mutual discussions shall be submitted to
jurisdiction of Courts at Hyderabad and the decision of such will be binding on the Bidder and
the Authorised Representative.
6 Formats
The Bidder may use additional sheets to submit the information for his detailed response.
FORMAT-6.0 PQ
Covering Letter for Pre-Qualification Bid
(The covering letter should be on the Letter Head of the Bidding Company/ Lead Member of
the Bidding Consortium)
Date: _____________________
From: __________________ (Insert name and address of Bidding Company/ Lead Member of
the Bidding Consortium)
Telephone Number:
Fax:
E-mail address:
To
Chief General Manager (P&MM, IPC)
APSPDCL,
Kesavayanagunta, Tiruchanoor Road,
Tirupati, Andhra Pradesh 517501
Dear Sir,
I/We, the undersigned ..[insert name of the Bidder] having read, examined and
understood in detail the RFP including Qualification Requirements in particular, terms and
conditions of the PA, hereby submit my/our Bid in response to RFP.
I/We have uploaded scanned copies of the following original documents on the website specified
by the Authorised Representative and I/We are hereby submitting the following original
documents as specified in Clause 3.10.1 (A)
Thanking you,
Yours faithfully,
(Name, Designation and Signature of Authorised Signatory as per Clause 3.9.8)
FORMAT-6.1
Covering Letter
(The covering letter should be on the Letter Head of the Bidding Company/ Lead Member of
the Bidding Consortium)
Date: _____________________
To
Chief General Manager (P&MM, IPC)
APSPDCL,
Kesavayanagunta, Tiruchanoor Road,
Tirupati, Andhra Pradesh - 517501.
Dear Sir,
I/We, the undersigned .. [insert name of the Bidder] having read, examined and
understood in detail the RFP including Qualification Requirements in particular, terms and
conditions of the PA hereby submit my/our Bid in response to RFP. I/We are submitting our Bid
for supply of two GBESS each of _____ MW and ______ MWh capacity.
1. I/We give my/our unconditional acceptance to the RFP, dated ... [Insert date
in dd/mm/yyyy], standard PA attached thereto, issued by Authorised Representative. In token
of my/our acceptance to the RFP, PA along with the amendments and clarifications issued
by Authorised Representative, the same have been initialled by me/us and enclosed with the
response to RFP. I/We shall ensure that the PA is executed as per the provisions of the RFP,
provisions of PA shall be binding on me/us. Further, I/we confirm that the GBESS shall be
supplied within the timelines specified in this RFP.
2. Earnest Money Deposit (EMD) (please read Clause 3.7 carefully before filling): -
We have enclosed EMD as per Format 6.3 and valid up to.in terms of Clause 3.7 of
this RFP as follows:
S No EMD through BG EMD through DD
BG Value in Ref No. Validity DD Amount DD No. DD Date
INR Date
1
3. I/We hereby declare that in the event that I/we are declared as Successful Bidder and I/we
are not able to submit Bank Guarantee of the requisite value towards PBG within 45 days of
execution of PA with Authorised Representative or I/we are not able to sign PA(s) with
DISCOM(s) within 30 days of issue of LoA by Authorised Representative, then the
Authorised Representative shall have the right to forfeit the EMD submitted by me/us.
4. I/We have submitted our response to RFP strictly as per Section 6 (Formats) of this RFP,
without any deviations, conditions and without mentioning any assumptions or notes in the
said Formats.
5. I/We hereby declared that we have read and understood the RFP and the hard copy of the
initialled RFP shall be submitted upon finalization as Successful Bidder.
6. I/We hereby unconditionally and irrevocably agree and accept that the decision made by
Authorised Representative in respect of any matter regarding or arising out of the RFP shall
be binding on me/us. I/We hereby expressly waive and withdraw any deviations and all
claims in respect of this process.
7. I/we hereby declare that we are not in Conflict of Interest with any other Bidder in this Bid
process and we have submitted only one Bid in response to this RFP and are not participating
under any other Bid in this RFP. I/we hereby declare that we are in compliance with
provisions of Clause 3.3 of the RFP
8. I/We hereby undertake that the components/items to be supplied for installation of the system
shall be supplied with test certificates from reputed entity as per RFP
9. Familiarity with Relevant Indian Laws & Regulations:
I/We confirm that I/we have studied the provisions of the relevant Indian laws and regulations
as required to enable us to submit this response to RFP, and execute the PA, in the event of
my/our selection as Successful Bidder.
10. I/We are enclosing herewith my/our response to the RFP with formats duly signed as desired
by you in the RFP for your consideration.
11. It is confirmed that my/our response to the RFP is consistent with all the requirements of
submission as stated in the RFP and subsequent communications from Authorised
Representative.
12. The information submitted in our response to the RFP is correct to the best of my/our
knowledge and understanding. I/We would be solely responsible for any errors or omissions
in my/our response to the RFP.
13. I/We confirm that all the terms and conditions of our Bid are valid upto (Insert date as per
Clause 3.12 of the RFP). The validity of my/our Bid will be as per Clause 3.12 of this RFP
14. I/We (in case of a Company) confirm that the Power of Attorney has been issued to the
Authorised Signatory of this Bid pursuant to the Board Resolution .. [Insert
date in dd/mm/yyyy]
15. I/We confirm that I/We have understood the Technical Specification of the Work and
confirm that I/We have the necessary execution capacity to supply the Battery Energy
Storage System and other related systems awarded to us pursuant to our finalization as
Successful Bidder
16. Contact Person:
Details of the representative to be contacted by Authorised Representative are furnished as under:
Name :
Designation :
Company <if applicable>:
Address :
Phone No. :
Mobile No. :
Fax No. :
E-mail address :
Alternate Email address:
17. I/We have neither made any statement nor provided any information in this Bid, which to the
best of my/our knowledge is materially inaccurate or misleading. Further, all the
confirmations, declarations and representations made in my/our Bid are true and accurate. In
case this is found to be incorrect after my/our selection as Successful Bidder, I/we agree that
the same would be treated as the Bidders event of default under PA and consequent
provisions of PA shall apply.
Thanking you,
Yours faithfully,
(Name, Designation and Signature of Authorised Signatory as per Clause 3.9)
6.2 A
FORMAT FOR POWER OF ATTORNEY
(To be provided by the Bidding Company in favour of the Authorised Signatory of the
Bidding Company)
POWER OF ATTORNEY
(To be executed on non-judicial stamp paper of appropriate value as per Stamp Act
relevant to place of execution.)
KNOW ALL MEN BY THESE PRESENTS THAT M/s..having its
registered office at ...., ..,.. having agreed to appoint
Mr/Ms.., having his/her address at..and
appointed as at the Bidding Company, as the Authorised Signatory, do hereby
constitute, nominate and appoint Mr/Ms...
as our duly constituted lawful Attorney (hereinafter called as Authorised Signatory) to exercise
all or any of the powers for and on behalf of the Bidding Company in regard to submission of the
response to RFP No .. We also authorize the said Authorised Signatory to
undertake the following acts:
i) To submit on Bidding Company, the response to RFP.
ii) To do any other act or submit any information and documents related to the above response
to RFP Bid.
It is expressly understood that in the event of the Bidding Company being selected as Successful
Bidder, this Power of Attorney shall remain valid, binding and irrevocable until the Bidding
Company achieves execution of PA.
We as the Directors of the Bidding Company agree and undertake to ratify and confirm all
whatsoever the said Attorney/Authorised Signatory has done on behalf of the Bidding Company
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 Director
of the Bidding Company have executed these presents on this.. Day of ........under the
Common Seal of our Company.
)
Accepted
---------------------------------
(Signature, Name, Designation and Address
Attested
---------------------
(Signature of the executant)
------------------------------
(Signature & stamp of Notary of the place of execution)
Place:----------------
Date:------------------
Notes:
(1) The mode of execution of the power of attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are to be
provided on the power of attorney shall be duly authorized by the executant(s) in this regard.
FORMAT-6.2 C
FORMAT FOR POWER OF ATTORNEY
(To be provided by each of the other Members of the Consortium of Companies in favour
of the Lead Member)
POWER OF ATTORNEY
(To be executed on non-judicial stamp paper of appropriate value as per Stamp Act
relevant to place of execution.)
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 of Companies 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...as Lead Member of the Bidding Consortium of Companies
.(hereinafter called the Lead Member) and having its Registered /Head
Office at .... Mr/Ms , a ..< appropriate
designation if Lead Member is a Company) in the Lead Member of the Consortium as our duly
constituted lawful Attorney to exercise all or any of the powers for and on behalf of the
Consortium in regard to submission of the response to RFP No .. We also
authorize the said Authorised Signatory to undertake the following acts:
i) To submit on behalf of Consortium Members response to RFP.
ii) To do any other act or submit any information and documents related to the above
response to RFP 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 PA.
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 Firm.
For and on behalf of Consortium Member M/s.
--------------------------------
(Signature of authorized signatory of the Firm/Company)
Name:
Designation:
Place:
Date:
Accepted
---------------------------------
(Signature, Name, Designation and Address of the signatory authorised by the Lead Member)
Attested
---------------------
(Signature of the executant)
------------------------------
(Signature & stamp of Notary of the place of execution)
Place:
Date:
FORMAT-6.2 D
FORMAT FOR CONSORTIUM AGREEMENT
(Applicable for Bidding Consortium)
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place
of execution and to be registered under the relevant Laws and Regulations)
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 DISCOMs desire to supply GBESS in accordance with the Scope of Work specified
in the RFP;
WHEREAS, Authorized Representative had invited response to RFP vide its Request for
Proposal (RFP) dated .
WHEREAS the RFP stipulates that in case response to RFP is being submitted by a Bidding
Consortium, the Members of the Consortium will have to submit a legally enforceable and
registered Consortium Agreement in a format specified by Authorized Representative wherein
the Consortium Members have to clearly specify the roles and obligations of each of the Members
of the Consortium.
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 RFP for self and agent for and on behalf of Member-2, -----, Member-3.
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 obligations of all the Consortium Members i.e. for both its own
liability and obligations as well as the liability and obligations of other Members.
4. Notwithstanding anything to the contrary contained in this Agreement, the Lead Member
shall be liable and responsible for ensuring the individual and collective commitment of
each of the Members of the Consortium in discharging all of their respective obligations.
Each Member further undertakes to be individually liable for the performance of its part
of the obligations without in any way limiting the scope of collective liability envisaged
in this Agreement.
5. The PA shall be executed between the DISCOMs and the Lead Member and upon default
of any of the obligations under the PA by the Lead Member, one of the other Members
shall mandatorily substitute and assume the entire responsibilities and obligations of the
Lead Member and will henceforth become the Lead Member for the purpose of this
Agreement as well as the PA.
6. The individual obligations of each of the Members of the Consortium are as specified
hereunder:
7. This Agreement shall be construed and interpreted in accordance with the Laws of India
and jurisdiction of High Court Judicature at Hyderabad for the state of Andhra Pradesh
and the decision of the High Court, alone shall have the exclusive jurisdiction in all
matters relating thereto and arising there under 1.
8. It is hereby further agreed that in case of being selected as the Successful Bidder, the
Lead Member hereby agrees that it shall furnish the Performance Guarantee in favour of
DISCOM (with which the PA will be signed) in terms of the RFP.
9. It is further expressly agreed that the Agreement shall be irrevocable and shall form an
integral part of the Procurement Agreement (PA) and shall remain valid until the
expiration or early termination of the PA in terms thereof, unless expressly agreed to the
contrary by Authorized Representative / DISCOM.
10. 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 RFP.
11. 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 IPA except
with prior written consent of Authorized Representative.
12. 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 Authorized Representative.
13. All the terms used in capitals in this Agreement but not defined herein shall have the
meaning as per the RFP and the IPA.
-----------------------------------------
(Signature, Name & Designation of the person Authorized vide Board Resolution Dated [])
Witnesses:
-----------------------------------------
(Signature, Name & Designation of the person Authorized vide Board Resolution Dated [])
Witnesses:
1) Signature----------------------- 2) Signature -
--------------------
Name:
Name:
Address:
Address:
-----------------------------------------
(Signature, Name & Designation of the person Authorized vide Board Resolution Dated [])
Witnesses:
_____________________________________________
Signature and stamp of Notary of the place of execution
FORMAT- 6.3
FORMAT FOR EARNEST MONEY DEPOSIT
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution.)
Ref._______________________
Bank Guarantee No.________________
Date: _____________________
Our liability under this Guarantee is restricted to INR. _______________ (INR._________ only).
Our Guarantee shall remain in force until _________ [insert date of validity in accordance with
Clause 3.7 of this RFP]. Authorised Representative shall be entitled to invoke this Guarantee till
________ [insert date corresponding to thirty (30) days beyond the validity of the EMD].
The Guarantor Bank hereby agrees and acknowledges that the Authorised Representative 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 Authorised Representative, made in any format, raised at the above mentioned
address of the Guarantor Bank, in order to make the said payment to Authorised Representative.
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 Authorised Representative to
justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any
recourse against Authorised Representative in respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Andhra Pradesh shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in such form
and with such content that it is fully enforceable in accordance with its terms as against the
Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly
Authorised Representative shall not be obliged before enforcing this BANK GUARANTEE to
take any action in any court or arbitral proceedings against the Bidder, to make any claim against
or any demand on the Bidder or to give any notice to the Bidder or to enforce any security held
by Authorised Representative or to exercise, levy or enforce any distress, diligence or other
process against the Bidder.
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to Authorised
Representative and may be assigned, in whole or in part, (whether absolutely or by way of
security) by Authorised Representative to any entity to whom Authorised Representative is
entitled to assign its rights and ligations under the PA.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted
to INR _________(INR ________ only) and it shall remain in force until _________ [Date to be
inserted on the basis of Clause 3.7 of this RFP]. We are liable to pay the guaranteed amount or
any part thereof under this Bank Guarantee only if Authorised Representative serves upon us a
written claim or demand.
Signature ____________
Name ______________
Power of Attorney No. _____________
For
______[Insert Name of the Bank]______
FORMAT- 6.4 A
FORMAT FOR GENERAL ELIGIBILITY CRITERIA
To,
Dear Sir,
I/We hereby submit the following documents to meet the General Eligibility Criteria as per the
provisions of the RFP.
1. I/We hereby undertake to certify that service post sales shall be provided along with ten
years of warranty.
2. I/We hereby undertake to certify that we have not been blacklisted by any Government
Agency as on date.
FORMAT- 6.4 B
FORMAT FOR TECHNICAL ELIGIBILITY CRITERIA
To,
Dear Sir,
I/We hereby submit the following documents to meet the Technical Eligibility Criteria as per the
provisions of the RFP.
I/We hereby undertake to certify that we have manufactured, supplied and/ or commissioned
GBESS of ___ MWh and PCS of ____MW in past towards application of _____________
[mention application of such Battery]
.
NOTE:
i. Attach certificates from the Procurer/ Installer for completion of work/ project and
six months successful operation
ii. The documents submitted without certification from procurer/ installer shall not be
considered.
iii. Documents stating manufacturing capability to the satisfaction of Authorised
Representative.
FORMAT- 6.4 C
FORMAT FOR FINANCIAL ELIGIBILITY CRITERIA
To,
Dear Sir,
I/We hereby submit the following documents to meet the Financial Eligibility Criteria as per the
provisions of the RFP.
I/We hereby undertake to certify that we have an average turnover of Rs. ________________ in
the three (3) years, ending 31st March of FY 2016-17 (or Calendar Year)
Sl. No. Financial year Value in Crores (Rs)
1 2014-15
2 2015-16
3 2016-17
4 Average Annual Turnover of the
three (3) years.
NOTE:
iv. Attach certificate from the Statutory Auditor along with Annual Balance sheet.
v. The documents submitted without certification by the Statutory Auditor shall not
be considered.
FORMAT- 6.5
FORMAT FOR FINANCIAL BID
ANNEXURE-A
DRAFT 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, passed the following Resolution:
-------------------------
(Signature, Name and stamp of Company Secretary / Director)
Notes:
1) This certified true copy should be submitted on the letterhead of the Company, signed by the
Company Secretary / Director.
2) The contents of the format may be suitably re-worded indicating the identity of the entity
passing the resolution.
3) This format may be modified only to the limited extent required to comply with the local
regulations and laws applicable to a foreign entity submitting this resolution. For example,
reference to Companies Act 1956 may be suitably modified to refer to the 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
ANNEXURE-B
AND WHEREAS it has been stipulated by you in the said Agreement that the Supplier shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security
for compliance with his obligations in accordance with the Agreement
AND WHEREAS we have agreed to give the Supplier such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Supplier, up to a total of ___________________ [amount of guarantee] 1
____________________ [in words], such sum being payable in the types and proportions of
currencies payable as per the Agreement in which the Contract Price is payable, and we undertake
to pay you, upon your first written demand and without cavel or argument, any sum or ;sums
within the limits of ___________________ [amount of guarantee]1 as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Supplier before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Agreement or of the Works to be performed thereunder or of the Agreement documents which
may be made between you and the Contract hall in any way release us from any liability under
this guarantee, and we hereby waive notice of any such change, addition or modification.
This Guarantee shall come into force with immediate effect and shall remain in force and
effect for a period of _____ years from the date hereof or until it is released earlier by the
Utility pursuant to the provisions of the Agreement.
Note: An amount shall be inserted by the Guarantor, representing the percentage of the
Contract Price specified in the Contract and denominated in Indian Rupees.
1
PROCUREMENT AGREEMENT
BETWEEN
_____________ Power Distribution Company Limited of A.P. Ltd (_____________)
AND
M/s. ________________
This Agreement (Agreement) entered into on this __ day of ____ 20__ between Andhra Pradesh
_______________ Power Distribution Company Limited, incorporated by the Government of Andhra
Pradesh in accordance with the Andhra Pradesh Electricity Reform Act 1998 (Act No.30 of 1998), under
the provisions of the Companies Act, 1956, having office at _______________________________,
hereinafter referred to as the __________ (which expression shall, unless repugnant to the context or
meaning thereof, include its successors and assignees) as the second party, and M/s
________________________, having registered office at _______________, hereinafter referred to as the
Supplier (which expression shall, unless repugnant to the context or meaning thereof, include its
successors and assignees) as the third party;
2. WHEREAS, the ____________ has floated the tender for selection of Supplier in the state of Andhra
Pradesh.
3. WHEREAS, the Supplier has been selected as the Successful Bidder through an open competitive bidding
process conducted by the ___________ for supplying the following Battery Energy Storage Systems
(hereinafter called the Work):
S Model Type of Battery Energy Storage Lowest Price per Battery Energy
No. System(s) Storage System (s) (in Rs.)
(Inclusive of all applicable taxes,
duties etc.)
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The format for Letter of Award (LoA) to be issued by DISCOM is enclosed as Schedule-3.
4. WHEREAS, the DISCOM no obligation to recommend to any department for the grant of permission or
sanction for the Battery Energy Storage System / Work. Supplier shall on its own obtain permission or
sanction from the Govt. authorities, if any required for establishing the Work.
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5. WHEREAS, the Supplier shall adhere Date of the Procurement (DOP) as per the provisions of this
Agreement and in default thereof, the Suppliers Performance Bank Guarantee shall be liable for forfeiture
and that the agreement shall be liable for termination.
This Agreement shall continue to be in force for a period of 10 years from the Date of Procurement (DOP)
of all Battery Energy Storage Systems delivered under the provisions of this Agreement.
6. WHEREAS, it has been agreed that the Battery Energy Storage System shall be supplied by or on behalf
of the Supplier or its successors with reasonable diligence subject to all applicable Indian laws, rules,
regulations and orders having the force of law from time to time;
7. The terms and conditions of this Agreement are subject to the provisions of the Electricity Act/Rules and
also subject to the relevant Regulations/Guidelines/Notifications, if any, issued by the Government of
Andhra Pradesh and Government of India.
8. NOW THEREFORE, in consideration of the foregoing premises and their mutual covenants herein, and
for other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto,
intending to be legally bound hereby agree as follows:
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ARTICLE 2
DEFINITIONS
Following terms used in the document will carry the meaning and interpretations as described below:
AGREEMENT or the Agreement shall mean this Agreement signed between the Successful Bidder, and
DISCOM according to the terms and conditions specified in the RFP and this Agreement;
Authorised Representative shall mean the body authorised to carry out the Bidding process for the
selection of the Successful Bidder(s). As per this RFP, APSPDCL is the authorised representative.
Battery Energy Storage System(s) Supplier/ Supplier shall mean the Successful Bidder, pursuant to the
provisions of this RFP, with which DISCOM has executed the Agreement for supply of the Battery Energy
Storage System(s) System as per the terms and conditions specified in RFP Documents;
Battery Energy Storage System(s) or BESS or GBESS or Work(s) shall mean the Lithium-Ion
Battery Energy Storage Systems comprising of Batteries, Power Conditioning system to be connected to a
33kV(3ph (50Hz)) Bus Bar, Controller with external interface for remote control and monitoring, Integrated
thermal management system, switches, disconnects, metering, other switchgear protection equipment etc.
as per the RFP, inclusive of warranty for 10 (ten) years from the DOP of the Battery Energy Storage
System(s)
Bid shall mean the Financial Bid submitted by the Bidder in response to this RFP, in accordance with
the terms and conditions thereof.
Bidder shall mean Bidding Company or a Bidding Consortium submitting the Bid.
Bidding Consortium or Consortium and Bidding Consortium of Companies shall refer to a group of
Companies and/or Firms that have collectively submitted the Bid in response to this RFP in accordance
with the provisions of this RFP;
Commissioning shall mean the event in which the GBESS with other equipment is installed, integrated
with the grid and is deemed to be fit for operation. DISCOM shall provide a completion certificate for the
project to the third party responsible for installation, integration and commissioning of the GBESS marking
successful event;
Date of Procurement (DOP) shall mean the date on which the GBESS along with essential systems are
procured successfully
DISCOM(s) shall mean power Distribution Companies of Andhra Pradesh. In this RFP, it shall refer to
DISCOM unless otherwise specified.
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Effective Date shall mean the date of execution of Agreement by all the Parties to the Agreement;
Financial Bid shall mean the documents and formats as specified in the RFP for submission of Price
Lead Member of the Bidding Consortium or Lead Member shall as have the same meaning as
assigned to in the RFP
Letter of Award or LoA shall mean the letter issued by the Authorised Representative to the Successful
Bidder for award of the Work;
Lowest Price shall mean such firm price accepted by the Bidder that will be payable for supply of the
Battery Energy Storage System(s) as per the provisions of this RFP and Agreement
Member in a Bidding Consortium or Member shall have the same meaning as assigned to in the RFP.
PCS or Power Conditioning System or Power Conversion System shall mean a system which
converts AC to DC during charging of battery and convert DC to AC during discharging of battery and will
also include charge controller and associated control and protection system. Power conditioning system
shall convert DC power available from battery during discharging into AC power and vice-versa for
charging of battery
Performance Guarantee shall have the same meaning as assigned to in Clause 12.3 of this Agreement
PO shall mean the Purchase Order issued by DISCOM to the Supplier for undertaking the scope of work
and obligations specified under this Agreement.
Scheduled Date of Procurement (SDOP) shall mean the date which is 180 (one hundred eighty) days
from the date of issue of Purchase Order by DISCOM to the Supplier, on which date the Supplier is required
to supply the Battery Energy Storage System(s) in accordance with the provisions of the AGREEMENT.
Successful Bidder shall mean the Bidder selected pursuant to this RFP to supply the Battery Energy
Storage System(s) as per the terms of AGREEMENT;
Supplier/ Developer shall mean the Successful Bidder, pursuant to the provisions of this RFP, with which
the DISCOM has executed the PA for supply of the GBESS as per the terms and conditions specified in
RFP Documents;
Tax(es) shall mean any applicable Indian taxes including excise duties, customs duties, GST, value added
tax, sales tax, local taxes, cess and any impost or surcharge etc. of like nature (whether Central, State or
local) on the goods, materials, equipment incorporated in and forming part of the GBESS, levied or imposed
by any Government Instrumentality, but excluding any interest, penalties and other sums in relation thereto
imposed on any account whatsoever. For the avoidance of doubt, Taxes shall not include taxes on corporate
income.
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ARTICLE 3
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3.3 Damages
3.3.1 If the Supplier fails to issue Notice of Completion of the Battery Energy Storage System within the
timelines specified under this Agreement for reasons solely attributable to the Supplier, then Damages,
computed at 1% of Purchase Order value for every week of delay corresponding to the Battery Energy
Storage System which has been delayed shall be payable by the Supplier subject to maximum time
extension of 10 weeks. However, upon written request from the Supplier clearly explaining the reasons
for the delay, the DISCOM may extend the time period for successful delivery and/or waiver the
Damages as specified here.
3.3.2 If the delay in delivery of Battery Energy Storage System(s) is due to Force Majeure Event or DISCOM
Event of Default, the time period for successful delivery of Battery Energy Storage System(s) shall be
extended on day for day basis till such Force Majeure Event or DISCOM Event of Default, causing the
delay is remedied. No Damages shall be payable by the Supplier for delay on account of Force Majeure
Event or DISCOM Event of Default. Notwithstanding anything to the contrary contained herein, all
payments shall be released only upon satisfactory testing/ delivery of the Battery Energy Storage System
and issue of Completion Certificate in accordance with the provisions of the Agreement
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ARTICLE 4
4.1.1 The Supplier shall provide required specification after visit to the site that can be used for selection of
third party responsible for Installation and Integration.
4.1.2 The Supplier shall provide on-site support to DISCOM and the third party responsible for installation
and integration for easy and successful commissioning of the GBESS. The Supplier shall supervise the
DISCOM and third party during all aspect of Installation and Integration.
4.1.3 The support provided by the Supplier shall be monitored under Authority/ DISCOM. In case of
unsatisfactory support, Supplier shall bear Damages as per Article 4.3
4.2.1 The Supplier shall support third party responsible for integration and/ or Operation and Maintenance.
The Supplier shall train the third party and Authority/ DISCOM in operation and maintenance of GBESS
if required.
4.2.2 Even though the third party shall be responsible for operation and maintenance, Supplier shall be liable
for warranty as per RFP. DISCOM may test the GBESS against Technical Specification mentioned in
RFP twice in a Year. In case the GBESS along with other systems are found to be not meeting the
Specification, notification shall be sent to Supplier. Within thirty days from receipt of such notice, the
Supplier shall rectify the problem. In the lack of such, Damages shall be computed as per Article 4.3 and
has to be borne by the Supplier.
4.2.3 The support provided by the Supplier during this period shall be monitored under Authority/ DISCOM.
In case of unsatisfactory support, Supplier shall bear Damages as per Article 4.3.
4.3 Damages:
A. The Supplier shall have the obligation to ensure satisfactory support during pre-commission and
operations and maintenance of the Battery Energy Storage System(s) post-commission, failing
which the DISCOM shall have the right to deduct such amounts as decided by it from the
Performance Guarantee furnished by the Supplier. Frequent and unjustified delays or lack of support
during these period may lead to cancellation of the Agreement, recovery of losses and imposing of
additional penalty.
B. DISCOM may restore the Battery Energy Storage System to working condition on Suppliers
expenses and deduct amounts as necessary from the Performance Guarantee furnished by the
Supplier, in case the Supplier does not rectify the defects within thirty (30) days of the receipt of
complaint.
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9
ARTICLE 5
PAYMENTS
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ARTICLE 6
UNDERTAKING
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ARTICLE 7
DELETED
12
ARTICLE 8
FORCE MAJEURE
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ARTICLE 9
is in pursuance of a law; and does not affect the ability of the transferee to
perform, and such transferee has the financial capability to perform, its
obligations under this Agreement or
(ii) the Supplier becomes voluntarily or involuntarily the subject of any bankruptcy
or insolvency or winding up proceedings and such proceedings remain uncontested
for a period of thirty (30) days, or
the Supplier goes into liquidation or dissolution or has a receiver or any similar
officer appointed over all or substantially all of its assets or official liquidator is
appointed to manage its affairs, pursuant to law,
(iii) the Supplier repudiates this Agreement and does not rectify such breach within a
period of thirty (30) days from a notice from DISCOM in this regard; or
(iv) except where due to any DISCOMs failure to comply with its material obligations,
the Supplier is in breach of any of its material obligations pursuant to this
Agreement, and such material breach is not rectified by the Supplier within thirty
(30) days of receipt of first notice in this regard given by DISCOM; or
(v) the Supplier repeatedly delays the delivery of the Battery Energy Storage Systems
beyond the timelines or such extended timelines as specified in this Agreement
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(vi) Occurrence of any other event which is specified in this Agreement to be a material
breach/default of the Supplier.
(ii) DISCOM repudiates this Agreement and does not rectify such a breach within a
period of thirty (30) days from a notice in writing from the Supplier in this regard;
or
(iii) except where due to any Suppliers failure to comply with its obligations,
DISCOM is in material breach of any of its obligations pursuant to this Agreement,
and such material breach is not rectified by DISCOM within thirty (30) days of
receipt of notice in writing in this regard from the Power Supplier to DISCOM; or
(v) DISCOM goes into liquidation or dissolution or a receiver or any similar officer is
appointed over all or substantially all of its assets or official liquidator is appointed
to manage its affairs, pursuant to law,
Provided that it shall not constitute a DISCOM Event of Default, where such
dissolution or liquidation of DISCOM or DISCOM is for the purpose of a merger,
consolidation or reorganization and where the resulting entity has the financial
standing to perform its obligations under this Agreement and has creditworthiness
similar to DISCOM and expressly assumes all obligations of DISCOM and is in a
position to perform them; or
(vi) If DISCOM is subject to any of the above defaults and DISCOM does not
designate another DISCOM for release of PO and carry out the obligations of this
Agreement; or
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9.3 Procedure for cases of Supplier Event of Default
9.3.1 Upon the occurrence and continuation of any Supplier Event of Default under Clause 9.1, DISCOM
shall have the right to deliver to the Supplier, a notice stating its intention to terminate this
Agreement (DISCOMs Preliminary Default Notice), which shall specify in reasonable detail, the
circumstances giving rise to the issue of such notice.
9.3.2 Following the issue of a DISCOMs Preliminary Default Notice, the conciliation period of thirty
(30) days or such longer period as the parties may agree, shall apply and it shall be the responsibility
of the parties to discuss as to what steps shall be taken with a view to mitigate the consequences of
the relevant Supplier Event of Default having regard to all the circumstances.
9.3.3 During the Conciliation Period, the parties shall continue to perform their respective obligations
under this Agreement.
9.3.4 After a period of seven (7) working days following the expiry of the Conciliation Period unless the
parties shall have otherwise agreed to the contrary or the Supplier Event of Default giving rise to
the Conciliation Period shall have ceased to exist or shall have been remedied, DISCOM may
terminate this Agreement by giving a written Termination Notice of thirty (30) days to the Supplier
and the same shall be communicated to the Lenders concurrently.
9.3.5 Upon occurrence of Supplier Event of Default, Performance Guarantee as the case may be, may be
forfeited and the Supplier is liable for blacklisting. In case the Supplier is a Consortium, then all
Members of the Consortium are liable to be blacklisted.
9.4 Procedures for cases of DISCOMs Event of Default
9.4.1 Upon the occurrence and continuation of any DISCOMs Event of Default specified in Clause 9.2,
the Supplier shall have the right to deliver to DISCOM, a Supplier Preliminary Default Notice,
which notice shall specify in reasonable detail the circumstances giving rise to its issue.
9.4.2 Following the issue of a Supplier Preliminary Default Notice, the Conciliation Period of sixty (60)
days or such longer period as the parties may agree, shall apply and it shall be the responsibility of
the parties to discuss as to what steps shall be taken with a view to mitigate the consequences of the
relevant DISCOMs Event of Default having regard to all the circumstances.
9.4.3 During the Conciliation Period, the parties shall continue to perform their respective obligations
under this Agreement.
9.4.4 After a period of seven (7) days following the expiry of the Conciliation Period and unless the parties
otherwise agreed to the contrary or DISCOMs Event of Default giving rise to the Conciliation
Period shall have ceased to exist or shall have been remedied, , this Agreement may be terminated
by the Supplier. After a period of seven (7) days following the expiry of the Conciliation Period
and unless the parties otherwise agreed to the contrary or DISCOMs Event of Default giving rise
to the Conciliation Period shall have ceased to exist or shall have been remedied, , this Agreement
may be terminated by the Supplier.
9.4.5 Upon termination of the Agreement pursuant to the provisions above, the Performance Guarantee
as the case may be, shall be returned to the Supplier within fifteen (15) days of termination of this
Agreement
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ARTICLE 10
DISPUTE RESOLUTION
10.1 Each party shall designate in writing to other parties a representative who is authorized to resolve any dispute
arising under this Agreement in an equitable manner.
10.2 Following the notice by one party to others setting out the particulars of the dispute, if the designated
representatives are unable to resolve a dispute under this Agreement within 15 days, such a dispute shall be
referred by such representatives to a senior officer designated by the Supplier, and a senior officer
designated by the DISCOM, respectively, who shall attempt to resolve the dispute within a further period of
15 days.
10.3 The parties hereto agree to use their best efforts to attempt to resolve all disputes arising hereunder promptly,
equitably and in good faith and further agree to provide each other with reasonable access during normal
business hours to any and all non-privileged records, information and data pertaining to any such dispute.
10.4 Failure to resolve the dispute in terms of clauses 10.1 to 10.3 or even otherwise, any party may approach the
jurisdiction of Courts at Hyderabad and the decision of such court will be binding on all Parties to this
Agreement
10.5 In the event of any conflict of interpretation in terms and conditions between the RFP document and the
AGREEMENT, the provisions of AGREEMENT shall prevail.
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ARTICLE 11
Deleted
18
ARTICLE 12
12.1 The date of execution of this agreement (AGREEMENT) by all the parties to the agreement is the Effective
Date. This Agreement shall be executed only upon receipt of unconditional acceptance of the LoA by the
Supplier. Additionally, in case of Bidding Consortium, the Consortium Agreement shall be registered prior
to execution of this AGREEMENT
12.2 The AGREEMENT shall be valid starting from the Effective Date for ten years from Date of Procurement.
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ARTICLE 13
NOTICES
13.1 Except as otherwise expressly provided in this Agreement, all notices or other communications which are
required or permitted hereunder shall be in writing and sufficient if delivered personally or sent by
registered post or faxed or emailed to address as follows:
If to the Supplier:
M/s _______________________,
Fax: +91
Email:
If to the DISCOM:
Address:
______________________
______________________
13.2 All notices or communications given by fax or email shall be confirmed by depositing a copy of the same in
the post office in an envelope properly addressed to the appropriate party for delivery by registered post. All
notices shall be deemed to have been delivered upon receipt, including notices given by fax or mail
regardless of the date of the acknowledgement of such notice.
13.3 Any party, may, by a written notice, change the address and/or addresses to which such notices and
communications to it are to be delivered or mailed.
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IN WITNESS WHEREOF, the Supplier and the DISCOM have caused this Agreement to be executed as
on the date and the year first set forth above.
Witness
1. By:
2. By:
Witness
1. By:
2. By:
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SCHEDULE 1
22
SCHEDULE 2
<< Insert Performance Bank Guarantee>>
23
SCHEDULE 3
Format for Letter of Award
To,
M/s.__________,
______________
______________
Sub: Selection of Supplier for Supply of Battery Energy Storage Systems in the state of Andhra
Pradesh
Ref: Your Bid No. ____ dated ______.
The bid quoted by you for selection of Supplier for Supply of Battery Energy Storage Systems in
the state of Andhra Pradesh has been approved by _________________.
We are pleased to award contract to M/s._______________ for Supply of Battery Energy Storage
Systems in ____ district in the state of Andhra Pradesh as per the Price of Rs._____ (incl. of all taxes)
accepted by you.
Signatory, _________________
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SCHEDULE 4
Format for Completion certificate
Certified that the system mentioned above has been tested satisfactorily. The system was handed over on
_____________________ (Date of Procurement.)
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SCHEDULE 5
List of components
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Response to the Queries on Request for Proposal dated 22nd May 2017 for Selection of
Supplier for Procurement of Grid scale Battery Energy Storage System in Andhra Pradesh
SL Clause Query Response
Please refer Clause 3.4.1 (vi), (vii)
1. RFP 3.4.1 Kindly clarify the years of O&M supports. of revised RFP
Whether Factory acceptance test will be done
at Manufacturing units of BESS or at the Please refer Clause 3.4.2 (vii) of
2. RFP 3.4.2 location of the sites. Kindly clarify revised RFP
The civil foundations of BESS is under the
scope of consortium members. Kindly clarify Please refer Clause 3.4.2 (v) of
revised RFP
Please allow for flexibility to have
RFP transformers, metering, switched, disconnects Electrical and Civil BOP shall not
3. General etc through EPC be under scope of this contract
Separate tenders are being floated
Who will be responsible for Integration for BESS. A) Tender for supplier of
between BESS & Solar plant - Whether it will BESS
be done by GBESS bidder, Solar Bidder or B) Tender for Integration,
APSPDCL? Installation and O&M of BESS
4. RFP 3.4.1 system
Kindly clarify the Metering take of point. Is it
separate outdoor arrangement or shall be Details not required for Supply
5. RFP 3.4.1 provided part of GBESS at 33kV output. tender
Scope of work- highlight role of System Please refer Clause 3.4.1 (vi), (vii),
6. RFP 3.4.1 Integrator/EPC contract (viii) of revised RFP
RFP 2 contracts- one of O&M and one for rest of Please refer Clause 3.4.1 (vi), (vii),
7. General others (viii) of revised RFP
Required Infrastructure is available
with DISCOMs. BESS should be
capable of such application but
The equipment (GBESS) will be enabled for
actual implementation shall be
remote control over Modbus/ DNP3.
under scope of Integrator
However, it is our understanding that the
communication and control infrastructure
Separate tenders are being floated
including the cables of the remote controller is
for BESS. A) Tender for supplier of
in the scope of APSPDCL (Client). Kindly
BESS
clarify if our understanding is correct.
B) Tender for Integration,
Installation and O&M of BESS
8. RFP 3.4.1 system
Kindly request you to provide the following
details on the substation.
A. How many feeders are expected from
BESS to be connected to the substation?
B. How far is the substation from GBESS
installation site?
RFP C. It is understood that the scope of bay Details not required for Supplier
9. General extension is in the Client's scope. Please contract
1
SL Clause Query Response
confirm.
D. Please provide the existing substation's
SLD.
E. Please provide info on whether the cables
need to be overhead or underground.
3.5.1 (c)
Is it mandatory for the bidder to have
manufacturing capability for Grid Scale BESS Please refer Clause 3.5.2 (d), 3.5.2
10. RFP 3.5.1 of 5MWh or above./ can it be relaxed for SI (e) of revised RFP
3.5.2 (d)
The Bidder should have experience of
manufacturing GBESS of minimum 1MW
5MW capacity. It should also have
successfully supplied GBESS of 5 MWh
1MWh cumulatively in past three (3) financial
years i.e. FY 2014-15, FY 2015-16 and FY
2016-17. Please refer Clause 3.5.2 (d), (e) of
11. RFP 3.5.2 Please remove/change revised RFP
Is there any minimum experience requirement Please refer Clause 3.5.2 (d) of
12. RFP 3.5.2 for Bidders to have had in similar projects revised RFP
If the lead member has not experienced of this
capacity however the supporting member has
the same, then does the lead member eligible
for applying. Should every member have
minimum manufacturing capacity of 1MWh? Please refer Clause 3.5.2 (d), (e) of
13. RFP 3.5.1 Kindly clarify revised RFP
Can supplier who had produced other
technological storage solution of >1MWh can
14. RFP 3.5.1 participate No change is contemplated.
c. Batteries are one of the important
component, so you like to put a cause that
battery needs to be procured from the supplier
only who has xxx MWh of manufacturing
capacity etc. For O&M and warranty part, you
may take the manufacturer authorization Please refer Clause 3.5.2 (d), (e) of
15. RFP 3.5.1 certificate from battery supplier. revised RFP
3.4.1 (c)
"Controller with external interface for remote
control & monitoring " means only port or
shall also include SCADA system as part of DISCOMs have an existing
16. RFP 3.4.1 BESS supply. SCADA system
3.4.1
Kindly refer life in number of cycles terms
also or shall be considered as one cycle per Please refer Clause 3.4.1 (i) (f),
17. RFP 3.4.1 day. 3.4.2 (i) (a) of revised RFP
2
SL Clause Query Response
3.4.2
"Operating mode control register to be made
available over Modbus/DNP3"
Is this should be part of SCADA system (no It is part of existing SCADA
18. RFP 3.4.2 reference of SCADA in doc). system
3.4.2
"The system may be installed in open field."
Battery bank, PCS and other system will have Container should be portable and is
to be housed in container as required, kindly part of supplier scope. The GBESS
19. RFP 3.4.2 clarify if it is in BESS supplier scope. may be installed in open field.
3.4.2
"Direct P-Q command based operation
(remote or local) "
Kindly mention source of P-Q remote Details of execution shall be
20. RFP 3.4.2 command. finalized during execution period
3.4.2
"Constant PF based operation " Details of execution shall be
21. RFP 3.4.2 Kindly mention range of PF applicable. finalized during execution period
BESS shall be discharged in
minimum four hours depending on
RFP Is there any time period for discharge of load. Source of charging shall be
22. General BESS? Source of battery charging Solar during day time.
Kindly mentioned the DoD of the battery
system. Is it possible to reduce the warranty
periods up to 8 years @ 80% of DoD. 100%
DoD in AC sides may affect to the battery life. Please refer Clause 3.4.1 (i) (f),
23. RFP 3.4.1 Kindly clarify 3.4.2 (i) (a) of revised RFP
Four quadrant operation of BESS may
depends upon the availability of grid and Please refer Clause 3.4.2 (i) (e) of
24. RFP 3.4.2 converters motor drives. Kindly clarify revised RFP
The Controller shall be capable of
RFP How many minimum days required to store storing data for maximum one
25. General the data? Kindly Clarify month.
Is cooling in regard to battery cooling or
Power Control Systems cooling? Since, air
cooling is supported for batteries rather than Please refer Clause 3.4.1 (i) (d) of
26. RFP 3.4.1 liquid cooling. revised RFP
Sufficient to specify energy delivered at the
output. 4MWH is at the beginning of life or at Please refer Clause 3.4.1 (i) (f),
27. RFP 3.4.1 the end of life? 3.4.2 (i) (a) of revised RFP
3
SL Clause Query Response
Please specify other performance attributes of
battery (Cycle life, performance criteria,
testing at site, charging criteria, warranty
terms, maintenance party, LDR, VAR
compensation, solar generation data and Please refer Clause 3.4 of revised
28. RFP 3.4.1 detailed specifications) RFP
RFP Please provide Load Profile and Single Line
29. General Diagrams. Not in scope for Supplier tender
1. Any specific internal system voltage
expectations or requirement, prior to
evacuation at 33kV & for battery system,
30. RFP 3.4.1 48Vdc, 110Vdc, 220Vdc, etc.? Agnostic to internal voltages
1. It is system warranty or individual
component warranty like PCS, Battery &
BMS.
2. Is it applicable for Transformers,
Bidirectional and unidirectional meters, DC -
DC converters and sub component? These
normally have 12 months with extended
warranty periods only. Battery can be 10 yrs Please refer Clause 3.4.1 (iii) of
31. RFP 3.4.1 other we need to get relaxed. revised RFP
Depending on the schedule of
discharge power should be available
What is least and longest time that output
for one cycle in a day. Rest of the
power is expected to be available?
RFP time, controller should allow Grid
32. General to supply power.
4
SL Clause Query Response
Define standard common formula/mechanism
which can be adopted to monitor life cycle of Will be decided while executing the
37. RFP 3.4.1 BESS PA
We request the following details:
A. Please clarify if the GBESS is charged
from solar PV. If yes, what is the PV capacity
in MWp (DC) and MW (AC).
B. Since GBESS has to operate across
applications, please provide details on how
GBESS is dispatched.
C. We kindly request you to provide more
information and operational details on the
applications especially,
d) Autonomous Volt-VAR demonstration
e) Autonomous Freq-Watt demonstration
f) Autonomous Volt-Watt demonstration Details of execution shall be
38. RFP 3.4.2 finalized during execution period
1. Request you to provide the definition of
satisfactory performance and how this is
evaluated during O&M period.
2. Please define the additional penalty Please refer Clause 3.4.1 (vi), (vii)
39. RFP 3.4 described in the last sentence (highlighted). of revised RFP
6
Response to the Queries on Draft Procurement Agreement dated 22nd May 2017 for
Selection of Supplier for Procurement of Grid scale Battery Energy Storage System in
Andhra Pradesh
There is not mentioned the name of certificates Please refer Clause 3.4.2 (vii) of
1 PA 6.1.6 minimum required at anywhere. Kindly clarify revised RFP
The EMD and PG will be paid by manufacturer
or supporting member of consortium or lead Please refer Clause 3.7.1, 3.7.2,
PA 3.7 member. Kindly clarify 3.7.3 of revised PA
PA Not relevant for Supply. No
Change in Law(GST) in PPA should be added
General change is contemplated.
PA Define O&M, KPIs and payment structure related Please refer Article 3, 4, 5, 6 of
General to it revised PA
PA Clarify exact milestone(kick start of warranty, Please refer Article 3, 4, 12 of
General handing over the system acceptance) revised PA
Kindly request you to amend the clause in
Format 6.1 - point 3 to PBG within 75 days (30 + Please refer Clause 3.7.2 of
PA 6.1 45) of issue of LoA or amend others accordingly. revised RFP and Article 12 of PA
Kindly confirm what is the maximum no. of days
the DISCOM will take to release the payment
after raising of Bill by the supplier. This is
needed as it will affect the Cash Flow of the
project.
Also, kindly confirm that, beyond the date of
payment, if the payment is not made, then the
PA Article DISCOM will be paying interest to the Supplier Please refer Article 5.2.5 revised
5 as per the rates defined by SBI PLR. PA