Você está na página 1de 13

ADDENDUM II - Minutes of Pre-bid meeting held on 26th February 2018 for 500 MW Solar Tender dated 08.02.

2018 (Phase II).

GUVNL has floated tender for procurement of 500 MW Solar Power through RfS dated 08.02.2018 (Phase II) with a Greenshoe
option for procurement of additional 500 MW. A pre-bid meeting with the prospective bidders was held on 26.02.2018 at GETRI,
Vadodara in this regard. M/s CRISIL Risk and Infrastructure Solutions Limited who is consultant to GUVNL, made a presentation
covering key bid parameters and other provisions of bid documents. Further, during the meeting, GUVNL addressed queries raised
by prospective bidders. The clarifications issued by GUVNL against the queries raised by prospective bidders are as under:

No. Existing Clause in the RfS / PPA Suggestions by Prospective Bidders Revised Clause / Clarification

1 Clause 2.1 of RfS - Definition of Project Bidders have sought following clarification:- Clarification:-
1. Whether the Project is defined as Bid capacity or the Project capacity
“Project” shall mean a Solar PV Grid Cumulative capacity bidded by a shall have to be the cumulative
Interactive Power Station to be single bidder or Capacity of a single capacity of the Bidder considering
established by the successful bidder in bidder proposed to be connected at a all the locations.
Gujarat comprising of number of units at particular substation? Can land of the
single/multiple locations, and shall include Project be at multiple locations? A bidder including its Parent,
land, buildings, plant, machinery, ancillary 2. Can a Bidder / Group of Companies Affiliate or Ultimate Parent or any
equipment, material, switch-gear, bid for different capacities for various Group Company can submit only
transformers, protection equipment and locations depending on capacity one single bid (subject to minimum
the like necessary to deliver the Electricity available in different s/s for 25 MW)
generated by the Project to GUVNL at the evacuation?
The Tender is only for the Projects
Delivery Point. 3. In case of Projects connected through to be set up in the state of Gujarat.
CTU Network, whether the Bidders
can develop Projects in other States The list of substations provided is
i.e. outside Gujarat an indicative list. Bidders may
choose the location and/or
4. Whether the Projects can be set up in
substation in consultation with
the sub-stations other than the list GETCO depending upon the
provided by GETCO? capacity available for integration at
GETCO s/s
2 Clause 3.2.1 of RfS - Minimum Capacity of Bidders have sought clarification whether a Clarification:-
Project: Project can be of size less than 25 MW Minimum Bid capacity or the
subject to the total bid capacity equal to or Project capacity shall be 25 MW
more than 25 MW (Say 10+15 or 5+5+5+5+5)
The minimum project capacity shall be 25 which can be set up at multiple
?
MW locations.

Bidders may choose their capacity


at a particular location depending
upon the capacity available for
integration at GETCO s/s

3 Clause 3.2.1 of RfS - Minimum Capacity of Whether is there any scope of bidding less Clarification:-
Project: than 25 MW? No

The minimum project capacity shall be 25


MW

4 Maximum Bid Capacity Bidders have sought clarification if there is Clarification:-


any maximum cap on project capacity on a There is no cap of maximum
single location and whether bidder bid for full capacity either for the entire project
capacity available for allocation (500 MW) or for a single location.
Bidders can bid for the entire bid
capacity of 500 MW.

5 Clause 2.1 of RfS - Definition of SCOD One of the Bidders have suggested to modify No change required.
the definition of “SCOD” as under:-
“SCOD” shall mean date as declared by “Scheduled Commercial Operation Date” Clarification:-
the Successful Bidder in PPA which shall shall mean the date as declared by the The provision is in line with the
not exceed 13 (thirteen) months from the Successful Bidder in the PPA which shall not MoP’s Guidelines
date of execution of PPA. However, exceed 18 (eighteen) 13 (thirteen) months
Projects with a capacity of 250 MW and from the date of execution of the PPA.
above, shall be commissioned within a However, Projects with a capacity of 250 MW
period of 15 (fifteen) months from date of and above, shall be commissioned within a
execution of PPA. period of 15 (fifteen) months from the date of
execution of the PPA.

6 Clause 2.1 of RfS - Definition of One of the Bidders has proposed following No change required.
“Chartered Accountant” amendment to the definition in line with the
SECI bid document. Clarification:
“Chartered Accountant” shall mean a
person practicing in India or a firm whereof For bidders or its Parent, Affiliate or Ultimate Chartered Account practicing in
country other than India will not be
all the partners practicing in India as a Parent or any Group Company Incorporated
accepted in this Tender.
Chartered Accountants Act, 1949; in India, “Chartered Accountant” shall mean
a person practicing in India or a firm whereof
all the partners practicing in India as a
Chartered Accountants Act, 1949;

For bidders or its Parent, Affiliate or Ultimate


Parent or any Group Company Incorporated
in countries other than India,” Chartered
Accountant” shall mean a person or a firm
practicing in the respective country and
designated / registered under the
corresponding Statutes / laws of the
respective country

7 Clause 2.1 of RfS – Definition of “Bidder” If project is to be undertaken by SPV / JV, Clarification:-
and who should Bid? An existing SPV or JV of the
Clause 3.4 of RfS – Qualification Company can also bid. For
Requirement avoidance of doubt, the definition
of “Bidder” is reiterated:

“Bidder” shall mean Bidding


Company or a Limited Liability
Partnership (LLP) or a Bidding
Consortium submitting the Bid. Any
reference to the Bidder includes
Bidding Company / LLP / Bidding
Consortium / 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

8 Clause 3.1 of RfS Forfeiture of EMD Bidders have raised concern that partial Amendment required:-
capacity below certain extent may not be
The BG towards EMD shall be encashed viable especially in case of bigger size Clarification:- In case the partial
by GUVNL in following cases: projects and requested that it should not be capacity offered to the last Bidder
after completion of the e-RA is
mandatory for them to accept the same and it
(i) If the bidder withdraws or varies the bid lower than 50% of the total quoted
should not be mandatory for the Last capacity by such Bidder, the Bidder
after due date and time of bid submission
Successful Bidder to accept the capacity shall have an option to refuse such
and during the validity of the bid;
offered by GUVNL and they should be offered partial capacity, and the BG
(ii) In case, GUVNL offers to execute the allowed first right of refusal for remaining against EMD submitted by such
PPA with the Selected Bidder and if the capacity. Bidder shall be returned along with
Selected Bidder does not submit the those of the Unsuccessful Bidders.
requisite documents or does not execute Accordingly they have suggested to modify
the PPA within the stipulated time period the clause 3.1 Forfeiture of EMD as under:- Further, in case if it is greater than
or equal to 50% of the total quoted
AND capacity by such Bidder, then it
The BG towards EMD shall be encashed by shall be mandatory for the last
Clause 4.4.3 of RfS Selection of Bidders GUVNL in following cases: Bidder to accept such partial
In case of the last selected bidder, if the capacity offered against its quoted
balance project capacity is less than the (i) If the bidder withdraws or varies the bid capacity. In case the last Bidder
total project capacity mentioned by the after due date and time of bid submission and
refuses to accept such partial
during the validity of the bid;
bidder, then the balance capacity shall be capacity offered by GUVNL, the
awarded to the bidder till the total capacity
(ii) In case, GUVNL offers to execute the PPA BG against EMD submitted by
is exhausted subject to a minimum
with the Selected Bidder and if the Selected such Bidder shall be encashed by
allocation of 25 MW. The allocation of
Bidder does not submit the requisite GUVNL.
additional 500 MW capacity through
documents or does not execute the PPA
Greenshoe option shall be as per Clause
within the stipulated time period, unless the Necessary amendment by
3.2 of RFS (Note: It will be mandatory incorporating above provisions in
capacity offered to the bidder by GUVNL is
for the last selected Bidder to accept the RfS in line with SECI ‘s Tender
less than capacity bidded by the bidder.
the last Project capacity offered by Documents shall be made.
GUVNL, which may be less than the
capacity quoted by him).

9 Clause 3.2.2 of RfS - Capacity Allocation Bidders have raised following queries Clarification:
under Greenshoe option regarding capacity allocation under
Greenshoe option: Allocation of 500 MW capacity
….. under the Greenshoe option is only
First priority shall be given to the Central for the participating
1. Whether only participating Central
PSUs / State PSUs / Government Unsuccessful Bidders, who are
PSUs / State PSUs / Government
Controlled Organizations in their order of Controlled Organizations will get willing to execute PPAs with
ranking in e-reverse auction followed by preference or non-participating but GUVNL at the lowest tariff (L1 rate)
their ranking in the initial price bids. expressing interest after bidding would discovered under the Competitive
also be considered? Please clarify. Bidding Process (followed by e-
The balance unallocated capacity shall be
2. Winning bidders of the first 500 MW reverse auction) to the extent of
allotted to the remaining unsuccessful their respective quoted capacity.
Bidders in their order of ranking in e- can also claim additional capacity of
additional 500MW in Greenshoe Hence, the non-participating
reverse auction followed by their ranking
Option
in the initial price bids. 3. Can bidder apply for the size / Central PSUs / State PSUs / Govt.
capacity under greenshoe option after Controlled Organizations who
reverse auction over and above express interest after the bidding
bidding size. E.g. bidding size is of will not be considered for capacity
100 MW. Allotted capacity after allocation under Greenshoe
bidding is 100 MW. In such case can Option.
bidder apply for another 100 MW
under green shoes potion @ L1 rate? It is once again clarified that
Or is it required to bid for 200 MW at Successful Bidder cannot get
the time of bidding. Please clarify. additional capacity allocation under
Greenshoe Option.

10 Clause 3.4.4 of RfS - Eligibility criteria One of the Bidders has requested to relax the Amendment required.
(i) The Net-Worth of the Bidder or its cut-off date of 31.03.2017 to 31.12.2017 for
Affiliate or Parent / Ultimate Parent for the Parent / Foreign Companies as their FY is Clarification:-
Calendar Year. The cut-off date for Net Worth
financial year ended on 31.03.2017 shall
not be less than INR 1.07 Crores per MW criteria shall be considered as
(of the capacity quoted). 31.03.2017 or 31.12.2016 or
.. 31.12.2017 as the case may be.
..
GUVNL shall incorporate
necessary amendment in the RfS
in the provisions pertaining to Net
Worth Certificate, Annual
Accounts, etc.

11 Clause 3.4 – Qualification Requirement of Whether minimum 51% equity is compulsory No change required.
51% Shareholding for any one shareholder in SPV?
Clarification:-
Minimum 51% shareholding is to
be held by Bidder in case of SPV
of a single Bidder and
Minimum 51% shareholding is to
be held by Lead Member in case of
SPV of a Consortium

12 Clause 3.9.3 (i) Criteria for Generation: Some of the Bidders have raised concern that No change required.
The Successful Bidder will declare the the Solar PV modules are bound to degrade
annual CUF of his Project at the time of w.r.t to time and the degradation is generally Clarification:-
@ 10% for 1-25 yrs which will have effect on The provision is in line with the
submission of response to RfS, which
the CUF too. Accordingly, they have MoP’s Guidelines
shall be allowed to be modified at the time requested to allow CUF change once in first
of signing of PPA. Thereafter, the CUF for year after COD.
the Project shall remain unchanged for the
entire term of the PPA.……..

13 CUF% One of the Bidders raised concern that if Amendment required:


Section 3, 3.9.3 (i) Criteria for Generation: projects are to be executed at more than one
site, in such cases weather conditions/solar Bidders shall have the discretion to
Radiation (GHI) will be different at different
The Successful Bidder will declare the indicate either single CUF% for the
site. Therefore, it will be not technically
annual CUF of his Project at the time of feasible to mention same CUF for the one entire capacity of the Project OR
submission of response to RfS, which project & to maintain it @ same rate. may choose to provide different
shall be allowed to be modified at the time Accordingly, it was requested to location wise CUF% for different locations.
of signing of PPA. Thereafter, the CUF for CUF for different locations of the Project.
the Project shall remain unchanged for the GUVNL shall incorporate
entire term of the PPA.………… While, there were many other Bidders who necessary amendment in the
opined that a single CUF considering the Format of Covering Letter while
weighted average CUFs of various locations Clause 3.9.3 shall not be
at which they intend to set up the Project may amended.
be allowed.

14 Clause 3.9 (iii) Excess Generation of RfS One of the Bidders have suggested that if No change required as regard to
and Article 3.1 (d) of PPA: In case the excess generation is in accordance with Bidder’s suggestion.
generation is over and above 10% of declared scheduling, then in such cases
declared annual CUF, the Successful purchase of power is requested to be @ PPA Clarification:
Bidder will be free to sell it to any other tariff instead of 75% of the PPA tariff. The provision is in line with the
entity provided first right of refusal will vest MoP’s Guidelines
with GUVNL. In case of excess
generation, GUVNL shall reserve the right Amendment required.
to purchase the excess generation at 75%
(seventy-five per cent) of the PPA tariff, Typographical inadvertent error to
and provision to this effect shall be clearly be rectified in Clause 3.9 (iii) by
indicated in the RfS document. deleting the words “and provision
to this effect shall be clearly
indicated in the RfS document”

15 Clause 3.10 Documents to be submitted at Some of the Bidders have expressed that 07 No change required.
the time of Financial Closure months from the date of PPA is too short time
for procuring clearances for project size of Clarification:-
i) Submit power evacuation /connectivity more than 150 MW. The provision is in line with the
arrangement of Successful Bidder with MoP’s Guidelines
STU and/or CTU, if applicable. A letter
from STU and/or CTU, if applicable Accordingly, some of the Bidders have
confirming technical feasibility of requested to amend it to 9 months from the
connectivity of the Plant upto the Delivery date of execution of PPA while some of them
Point. have suggested of submitting the same at the
time of commissioning
ii) No Objection Certificate (NoC) /
Environmental clearance (if applicable) for
the Project.

iii) Forest Clearance (if applicable) for the


land for the Project.

iv) Approval for Water from the concerned


authority (if applicable) required for the
Project.
16 Clause 3.10 (b) (i) Documents to be If one of the Promoter Company of SPV / No change required.
submitted at the time of Financial Closure Bidder has applied for permission to change
the use of the land for undertaking solar Clarification:-
power plant, by what time the said permission The RfS provides that “right to use
should be received? 100% of required land / Lease
Agreement / Sub-Lease
Agreement” is required to be
obtained by Bidder or its Affiliate
within 7 months from the date of
execution of the PPA and in case
the land is in the name of Affiliate,
it should be transferred in the
name of Successful Bidder prior to
SCOD.
While, “change in use of land” shall
have to be obtained in the name of
Successful Bidder prior to SCOD

17 Clause 3.10 (b) (i) Documents to be Should the land of the project be in the name No change required.
submitted at the time of Financial Closure of SPV or SPV may take the said land on
lease? Clarification:-
Lease or Sub-lease agreement s
required to be obtained in the
name of company executing the
project.

18 Clause 3.10 of RFS In case if all the formalities are not complied, No change required.
within the prescribed time limit say land
ownership is not transferred / lenders Clarification:-
permission / the change in purpose for usage Clause 3.10 of RFS provides for
extension of attainment of the
in land is not granted, what will be the financial closure subject to the
repercussions? condition that it will not have any
impact on the SCOD.

GUVNL may consider such request


on advance payment of extension
charges of Rs. 10,000/- per day
per MW. Any extension charges
paid so, shall be returned to the
Successful Bidder without any
interest on achievement of
successful commissioning within
SCOD, on pro-rata basis, based on
the Project Capacity commissioned
on SCOD. However, in case of
any delay in commissioning of the
project beyond the SCOD, the
amount as deposited above by the
Successful Bidder shall not be
refunded by GUVNL

19 Clause 3.11.2 One of the Bidders have suggested that if No change required.
project at one site is fully commissioned
Early Commissioning: (though in part), then in such case early part Clarification:-
commissioning may be treated as early No, it shall be considered as part
Successful Bidder shall be permitted for
full commissioning as well as part commissioning per site / location and hence commissioning and therefore
commissioning of the Project even prior to purchase of power may be @ PPA tariff purchase of such power shall be @
the SCOD. In cases of early part- instead of 75% of the PPA tariff. 75% of the PPA tariff.
commissioning, till SCOD, GUVNL may
purchase the generation till SCOD, at 75%
(seventy-five per cent) of the PPA tariff.
However, in case the entire capacity is
commissioned prior to SCOD, GUVNL
may purchase the generation at PPA
Tariff.

20 Article 9.1.1 "Change in Law" shall refer to Some of the Bidders have raised concern on No change required.
the occurrence of any of the following lack of clarity on the regulatory aspects w.r.t.
events after the Bid Deadline. Anti Dumping Duty, Safeguard Duty, or a Clarification:
Change in module classification due to the
a) the enactment, bringing into effect, Customs Duty, etc. and requested to offload Levy of duties like Anti Dumping
adoption, promulgation, amendment, the associated risk to GUVNL / consumers duty, Safeguard Duty, etc that are
modification or repeal, of any statute, and incorporate under Change in Law by country specific or location specific
decree, ordinance or other law, modifying clause 9.1.1 as under:-. by nature itself does not fall under
regulations, notice, circular, code, rule or Change in Law. Enforcement of
direction by Governmental Instrumentality a) the enactment, bringing into effect, strict trade laws by imposition of
or a change in its interpretation by a adoption, promulgation, amendment, anti dumping duty is purely with a
Competent Court of law, tribunal, modification or repeal, of any statute, decree, measure to ensure fair trade and
government or statutory authority or any of ordinance or other law, regulations, notice, provide level playing field to the
the above regulations, taxes, duties circular, code, rule or direction by Domestic Industry. The Domestic
charges, levies etc. Governmental Instrumentality or a change in Solar Panel Producers shall be at
its interpretation by a Competent Court of law, jeopardy if Anti Dumping Duty is
b) that results in any change with respect tribunal, government or statutory authority or included under Change in Law.
to any tax or surcharge or cess levied or any of the above regulations, taxes, duties Bidders are free to develop their
similar charges by the Competent charges, levies etc. Project using Domestic Panels or
Government on the generation of by using imported panels from the
electricity (leviable on the final output in b) that results in any change with respect to Countries where such duties are
the form of energy) or sale of electricity. any tax or surcharge or cess levied or similar not levied. Bidders opting for
charges by the Competent Government, imported Solar Panels from a
applicable for setting up of Solar power country on which Anti Dumping
Project and supply of power from the Duty is levied cannot seek any
Project by the SPD and/or has direct effect special privilege of getting higher
on the Project on the generation of tariff under the coverage of change
electricity (leviable on the final output in in law as any such incremental
the form of energy) or sale of electricity. tariff shall be at the cost of the
consumers at large for the choice
made by the Bidders.

Hence, the Solar Project


Developers have to factor in the
associated risk of duties like Anti
Dumping duty, Safeguard Duty,
Customs Duty, etc. if any while
quoting their tariffs / participating in
the bid.

21 Annexure (c) - List of permissible banks Some of the Bidders have requested to No changes required.
for issuance of EMD: permit EMD from Foreign Banks, Scheduled
Private Banks etc as is permitted under The list of Banks, provided by
National Solar Mission (NSM) by Solar GUVNL, is as per Department of
Energy Corporation of India. Finance., Government of Gujarat,
GR. No. EMD/10/2016/328/DMO.

22 LV side Voltage in the list of substations Bidders sought the details of LV side of GETCO shall provide possible
provided by GETCO voltage in the list of substations defined in the injection voltages at each s/s
file RE_integration_EHV_Level_jan18 indicated in their list. GETCO has
informed during the Pre-Bid
provided vide Addendum 1.
Meeting that the updated list of s/s
with details of tentative available
capacity at s/s shall be provided
within 10 days and shall be placed
on their website.

Accordingly, Bidders are required


to visit GETCO’s website &
GUVNL’s website and keep
themselves updated about the
available capacity at GETCO’s s/s
from time to time.

23 BG of Rs. 5 Lacs to GETCO Whether the Bidders shall have to provide BG Yes, as per the Solar Policy 2015,
of Rs. 5 Lacs to GETCO ? the Solar Power Generators are
required to submit the Security
Deposit of Rs. 5 Lakh / MW to STU
(GETCO) for ensuring speedy and
timely completion of evacuation
facility.

24 Applicability of STU (GETCO) Charges In case of Projects connected through CTU No, the CTU Charges and losses
and losses Network, whether STU (GETCO) Charges (if any) shall be to the account of
and losses shall be to the account of Bidders Bidders. The Delivery Point being
GETCO Periphery, STU (GETCO)
charges and losses shall be to the
account of GUVNL.

25 Priority of allotment of s/s within the Bidders have raised query regarding the If the Successful Bidders quote
Successful Bidders priority of allotment of s/s within the their bids at the same location
Successful Bidders? and/or sub-station, then the priority
of allotment of s/s shall be done
based on their ranking in Reverse
Auction. Similar merit based
ranking methodology shall be
followed for Greenshoe option.