TELANGANA STATE POWER COORDINATION COMMITTEE Request for Proposal (RfP) NOTICE No. TSPCC (Commercial)/02/15-16

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2 1 TELANGANA STATE POWER COORDINATION COMMITTEE Request for Proposal (RfP) NOTICE No. TSPCC (Commercial)/02/15-16 TSPCC on behalf of TSDISCOMs (TSSPDCL & TSNPDCL) intends to purchase 2000 MW power for the period from to on Short Term basis through e-procurement platform from various Traders/ State Utilities/ CPPs / IPPs / Distribution Licensees/SEBs. Proposed Guidelines for Short -Term Power Procurement: These guidelines are applicable for procurement of Power under Short Term basis through competitive bidding. TSPCC, authorized representative of the two TSDISCOMs, will carryout the bidding process. Tenders will be called on e-procurement platform. The terms and conditions have been prepared based on the Short Term Power procurement guidelines notified by Ministry of Power, Govt. of India. Terms and Conditions as follows: The bidder shall invariably quote the price in Indian Rupees (INR) per unit (Kwh) which shall be inclusive of trading margin at Delivery Point. The traders/bidders are intimated to submit their bids on e-procurement platform duly obtaining the Digital Key from Telangana Technology Services (TTS), a Government authorized Agency on payment of prescribed fee. 1) DELIVERY POINT: For Inter-State bids, bidder shall quote the rate at Southern Region(SR) Periphery. Rates quoted at SR Periphery will only be considered for evaluation. For Intra-State generators connected to Telangana STU, the delivery point at connected substation of Telangana STU will only be considered for evaluation. 2) EMD:- a) The bidders (either the trader or generator) have to submit EMD of Rs.30,000/- per MW per Month of offered capacity in the form of Bank Guarantee issued by any Nationalized / Scheduled Bank in favour of The Dy. CCA / TSPCC / Vidyut Soudha/Hyderabad. The validity of Bank Guarantee must be on par with bid validity and additional one month claim period.

3 2 b) The scanned copy of the Bank Guarantee to be submitted towards EMD should be uploaded along with the Bid, otherwise the tenders will not be considered. The original Bank Guarantee should be received by this office before opening of the Tenders. c) The EMD may be forfeited, If Bidder withdraws or modifies bid during Bid Validity Period or fails to sign agreement within given time. If the successful bidder fails to apply for corridor full quantity of Purchase Order within 72 Hrs of receipt of copy of PO. d) The EMD will be returned to the unsuccessful bidders within 10 days of expiry of Bid validity period. e) The EMD of the successful bidder will be returned after furnishing the Contract Performance Guarantee(CPG). 3) Contract Performance Guarantee(CPG): a) The successful bidder shall be required to furnish CPG within 7 days from the date of selection of Successful Bidder for an amount calculated at Rs.3,00,000/- per MW per month of contract period or part thereof. b) The CPG shall be in the form of BG issued by any Nationalized/ Scheduled Bank and valid for the period of Contract with a claim period of 1 month after the expiry of contract period. c) In the event the CPG is not furnished within the stipulated date, the Bid Security submitted against the Notification shall be forfeited. d) The CPG provided by the successful bidder may be forfeited for non-performing the contractual obligations. The CPG should be released within 30 days after completion of the contract period. 4) TARIFF STRUCTURE: a) The bidder shall quote the quantum of power on Round the Clock (RTC) basis. b) Bid capacity offered by the bidder shall have to be constant for the entire contract period. c) The bidder shall quote the Single tariff at the Delivery Point upto three (3) decimals, which shall include Capacity charge, Energy charge, Trading margin (in case of trader being a Bidder) and all taxes, duties, cess etc. imposed by Central Govt./State Govt./Local Bodies. Tariffs shall be designated in Indian Rupees only.

4 3 d) For Inter-State Transmission of Power, Southern Regional Periphery to be taken as delivery point. For Intra-State Transmission of Power, interconnection point of the seller with TS STU to be taken as delivery point. e) The tariff shall be quoted in Indian Rupees i.e., Rs. xxxx/- Kwh inclusive of trading margin at delivery point. The tariff should be constant and there shall be no escalation during the contractual period. 5) BILLING CYCLE: Bidders may raise bills on fortnight basis or at the end of contract period for the energy scheduled. a) For Inter-State Generators Fortnight bills may be raised provisionally by sellers on the basis of RLDC schedules in case of Inter-State generators. For the purpose of raising of fortnight bills, the month shall be divided into two parts i.e., from 00:00 hrs of 1 st of the month to 24:00 hrs of 15 th, from 00:00 hrs of 16 th to 24:00 hrs of last day of the month. The 2nd fortnight bill is final and may be raised on the basis of Regional Energy Account issued by SRPC for the energy supplied by traders to TSPCC/TSDISCOMs at the delivery point during the month, after adjustment of the energy billed provisionally for the month. Bill should be raised along with corridor approvals issued by SRLDC. b) For Intra-State Generators (connected with TS STU) 6) PAYMENT: Fortnight bills may be raised on par with Inter-State generators. The Billing Cycle on par with wheeling / HT billing period or end of the month. The 2nd fortnight bill is final and should be raised along with original JMR and bill will be settled as per MRI energy (15 min time block integration) certificate issued by EBC wing (or) JMR readings (or) as per contracted quantum whichever is less. i) The due date for payment would be 9 th day after the date of receipt of fax/ bill subject to receipt of original invoice within due date. In case the due date is a Bank holiday in Telangana State, the next working day would be treated as due date. The bill received before P.M. on a working day at TSPCC/DISCOMS will only be considered as date of receipt, otherwise the next day will be considered as date of receipt. If the bill is not in full shape

5 4 and needs to be corrected, the date of receipt of corrected bill will be treated as date of receipt. ii) The due date for reimbursement of Open Access charges paid by the trader/generator on behalf of TSDISCOMs would be 7 th day after the date of receipt of fax / bill subject to receipt of original invoice within due date duly enclosing proof of payment. iii) For Intra-State generators, the due date for payment would be 10 th day after the date of receipt of fax / bill subject to receipt of original invoice within due date. The 2 nd fortnight bill is final bill and should be submitted along with original JMR otherwise, the submission date of original JMR will be treated as the date of submission of bill. 7) BILLING PROCEDURE: Bills are to be raised in favour of DY. CCA (PP& S) / TSPCC, Fax No and id: dyccatgpcc@gmail.com duly mentioning the Purchase Order No. on invoice. 8) OPEN ACCESS CHARGES: Inter-State & TS CTU Generators PoC injection charges and losses (Including STU/CTU transmission charges, SLDC/RLDC Operating Charges and SLDC/RLDC application fee, Annual fee, PGCIL Application Fee, SRLDC Application Fee and SRLDC Operating charges etc.,) up to delivery point have to be borne by trader/seller. TS withdrawl charges and losses, TS SLDC application fee, Operating charges, Annual fee and TS Transco transmission charges are to the account of TSPCC. Even Open Access charges beyond delivery point also have to be paid by trader/seller. However reimbursement of Open Access charges beyond delivery point will be made on submission of Open Access bill by TSPCC. The Open Access charges if any received back from the SRLDC due to curtailment, congestion, revision, Force Majeure etc. are to be returned to TSPCC within one week otherwise TSDISCOMs reserves the right to deduct from energy bills. If the trader/generator supplies energy less than the open access approved quantity, then the open access charges for difference of energy to be returned to TSPCC within one week, failing which TSDISCOMs reserves the right to deduct from energy bills.

6 5 The Security Deposit paid by traders / generators on behalf of TSDISCOMs will not be reimbursed. No LC Mechanism will be arranged for withdrawal charges paid to PGCIL by trader / generator on behalf of TSDISCOMs. TS State Generators: For Intra-State generators connected with TS STU, all the applicable open access charges to the account of trader/generator. 9) COMPENSATION CLAUSE: a) Booking of Corridor: i. It is mandatory on the part of the successful bidder to apply for corridor for full contracted quantum. The Trader shall submit proof of application filed with SLDC and SRLDC corridor approval. ii. iii. iv. For the period from June 16 to May 17 corridor has to be booked preferably under MTOA for TS CTU connected & Inter-State generators. The successful bidder shall apply for Open Access for the full contracted quantum on a first charge basis well in advance as per provisions of Procedure for Advance Scheduling of Bilateral Transactions notified by POSOCO. In case of failure by the Bidder, the penalty shall be payable on the quantum not applied. In case of failure by bidder for applying contracted quantum the penalty shall be calculated as illustrated under:- Contracted (LOI) Quantum Applied Quantum for Open Access Penalty 100 MW 100 MW No 100 MW 80 MW 100 MW 60 MW Penalty on non applied Quantum i.e., 20MW. Penalty rate shall be 20% of Tariff per Kwh for energy corresponding to un-applied quantum. Penalty on non applied Quantum i.e., 40MW. Penalty rate shall be 20% of Tariff per Kwh for energy corresponding to un-applied quantum. b) Penalty for Short Supply of Energy: a. Both the parties would ensure that actual scheduling does not deviate by more than 15% of the contracted energy as per the approved open access on monthly basis.

7 6 b. In case deviation from Procurer side is more than 15% of contracted energy for which open access has been allocated on monthly basis, Procurer shall pay compensation at 20% of Tariff per Kwh for the quantum of shortfall in excess of permitted deviation of 15% while continuing to pay open access charges as per the contract. c. In case deviation from Seller side is more than 15% of contracted energy for which open access has been allocated on monthly basis. Seller shall pay compensation to Procurer at 20% of Tariff per Kwh for the quantum of shortfall in excess of permitted deviation of 15% in the energy supplied and pay for the open access charges to the extent not availed by the Procurer. d. The compensation will be calculated for the deviation more than 15% of Cumulative Corridor approved Quantity for entire Contract period, but the compensation will be calculated on running monthly basis and will be reconciled at the end of contract period. e. The compensation for Inter-State sources will be calculated based on the energy supplied at Regional Periphery for STOA approvals and at Injecting Point for MTOA approvals. f. The Penalty for short supplied quantum of energy for the month will be calculated as follows: Applied Quantum Open Access Approved Quantum TABLE: B Supplied Quantum Penalty 100 MW 100 MW 85 & above 85 MW Not applicable 100 MW 80 MW 100 MW 80 MW Above 85% of 80 MW (i.e.,above 68 MW) Below 85 % of 80 MW (i.e. below 68 MW) Not applicable Penalty Applicable for the quantum below 68 20% of Tariff per Kwh for energy corresponding to non-supplied quantum. g. The compensation payable by bidder will be deducted from the energy bill. In case bidder could not get open access for transmission of power due to transmission constraints, such penalty will not be levied for quantum for which Open Access not granted, subject to documentary evidence.

8 7 h. No revision of approved corridor will be permitted. In case of revision of corridor is essential, the trader/generator has to take prior approval from TSSLDC. i. The indicated percentage limitation of quantum is only to meet any technical problems due to poor PLF or due to shortage of fuel or due to some forced outage in the transmission line and not for utilizing the balance quantum for sale with 3rd party. If it is found that any of the generators indulge in such practices, such quantum of energy sold will be liable for per unit. However this will not be applicable when TSPCC/ DISCOMs direct the generators to reduce the scheduling and such quantum reduced can be sold after getting the concurrence of TSPCC/TSDISCOMs. Open Access approval of TSSLDC will be given for such quantum only upon production of consent letter from TSPCC/TSDISCOMs. 10) REBATE FOR PROMPT PAYMENT: A rebate of 2% (two percent) on invoice (including trading margin) amount is to be allowed if the payments are made within stipulated period. 11) SURCHARGE FOR LATE PAYMENT: A delayed payment surcharge of 1.25% (one and quarter percent) per month shall be leviable on all dues remaining unpaid for more than 30 days from the date of receipt of the bill. If the due date for payment is a Bank holiday in Telangana State, the immediate next working day will be treated as due date of payment. Surcharge will be liable for payment for the period beyond 30 days till date of payment. 12) FORCE MAJEURE: Events shall mean the occurrence of any of the following events:- a. Any restriction imposed by RLDC/SLDC in scheduling of power due to breakdown of Transmission / Grid constraint shall be treated as Force majeure without any liability on either side. b. Any of the events or circumstances, or combination of events and circumstances such as act of God, exceptional adverse weather conditions lightning, flood, cyclone, earthquake, volcanic eruption, fire or landslide or acts of terrorism causing disruption of the system.

9 8 The contracted power will be treated as deemed reduced for the period of transmission constraint. The non/part availability of transmission corridor should be certified by the concerned RLDC. c. Invoking of Section-11 by State Government where the generating plant is located. d. Statutory inspections like boiler maintenance to be included for a period not exceeding 15 days. e. Change in Law: Change in Law shall include Any change in transmission charges and open access charges. Any change in taxes (excluding income tax), duties, cess or introduction of any tax, duty, cess made applicable for supply of power by the Seller. 13) Alternate Supply If the power is being supplied through alternate source, any additional charges and losses if any, due to cancellation of existing corridor and booking of new corridor etc., shall be to the account of Bidders. If the trader / generator wants to supply from alternate source, they have to bear if any additional financial commitment applicable. 14) LAW OF JURISDICTION: The Law of Jurisdiction for dispute will be the Courts at Hyderabad, Telangana state. 15) ARBITRATION: Where any dispute arises claiming any change in or regarding determination of the tariff or any tariff related matters, or which partly or wholly could result in change in tariff, such dispute shall be adjudicated by the TSERC. All other disputes shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, ) Validity Period: Validity period of offer of bidder shall be 10 days from date of bid opening.

10 17) Revision by TSSLDC 9 Revision of schedules by SLDC should be firm and intimated well in advance so as to allow the bidder to sell the same to the third party. 18) Special Conditions: a. The Energy purchased against this Purchase is not eligible for REC Certificates. TSDISCOMs shall claim RPPO for this energy. b. Once TSSLDC issued backing down instructions, the excess energy pumped into the grid during that period (blockwise) will not admitted for payment. 19) CONDITIONS FOR EVALUATION: a. Bidders shall be required to submit separate non financial and financial bids. The non financial bids shall contain the acceptance of general terms and conditions without any deviation(rfp Terms & Conditions) and information about the sources from which the bidder shall supply the power(annexure-i). Bidders shall also be required to furnish necessary EMD/Bank Guarantee along with the bids. The bids shall be opened in the presence of representatives of bidders who wish to be present. b. The financial bid shall be strictly as per the format(annexure-ii) prescribed in the Request for Proposal(RfP) and shall be unconditional. The conditional price bid shall be summarily rejected. c. The Bidder who has quoted lowest tariff shall be declared as the Successful Bidder for the quantum of power (in MW) offered by such Bidder in its Financial Bid. The selection process of the Successful Bidder shall be repeated for all the remaining Financial Bids of the Bidders until the entire Requisitioned Capacity is met. d. The Procurer, in its own discretion, has the right to reject any bid or all Bids without assigning any reason. 20) OTHER CONDITIONS: a. Any deviation from tender conditions are not accepted. Conditional offer will be liable for rejection. b. Copy of valid license from the CERC shall be furnished along with the tender by the power traders. Related documents shall be furnished by the Distribution licensee/sebs as per relevant provisions of Electricity Act 2003/Open Access Regulation along with the tender.

11 10 c. Bidder shall confirm acceptance of all the terms and conditions indicated above. d. Bidders shall quote as per Annexures. e. Tenders will be evaluated based on the rate at Telangana State periphery after taking into account the applicable PoC losses and charges. f. In case trader bids, Bidders shall indicate the source and name of the generator in the tender along with undertaking from the generator that he is with this trader and not quoted with any other trader. g. If the trader/seller quotes from Intra-State generators, the generator should be vendor registered with TSDISCOMs upto the end of contract period. The source and name of generator must be mentioned. h. Bids received without enclosing the required EMD for the quantum quoted will summarily be rejected. i. TSPCC reserves the right to revise the quantum, period for the entire supply as per its own requirement without assigning reasons thereof. j. TSPCC reserves the right to cancel the tenders at any stage without assigning any reasons and there will not be any liability what so ever may be on the TSPCC. k. Only tenders uploaded through e-platform will be considered for evaluation. l. TSPCC/TSDISCOMs are under no obligation whatsoever may be with regard to digital keys and also for up-loading the tender. m. The traders are advised to test the uploading of their offers well in advance before the final tender is quoted. 21) Documents to be Enclosed along with Bids: Scanned copy of License issued by CERC in case of Trader. In case trader bids, scanned copy of undertaking from the Generator stating that the Generator is with this trader only and not quoted with any other trader. Scanned copy of Bank guarantee towards EMD. Scanned copy of Vendor Registration of the Intra-State Generator with TS DISCOMs upto the end of contract period. Scanned copy of signature authorization along with Annexure-III.

12 11 ANNEXURE-I Proposal for Qualification(PQ) for purchase of RTC Power on Firm basis for the period from to Period of Supply Quantum of Power offered in MW Source of Power (i.e. Name of the 2 Source) 3 Injecting Utility 4 Type of fuel in case of other than Utility Whether license issued by CERC is 5 enclosed by trader. Whether undertaking by generator is 6 enclosed, if trader Bids. Whether Copy of Vendor Registration 7 Enclosed(For Intra-State Generators) AUTHORISED SIGNATORY With address

13 12 ANNEXURE-II Price Bid for purchase of RTC Power on firm basis for the period from to Period of Supply Quantum of Power offered in MW 2 Rate (in Rupees): a) At SR Periphery in figures & in words (Including Injection PoC Charges & Losses) inclusive of trading margin for Inter-State Generators. b) At connected substation at 33/132/220 KV of the state network for Intra-State Generators inclusive of trading margin. (Including all Open Access charges to be levied by TSTRANSCO, DISCOMs and SLDC) AUTHORISED SIGNATORY With address

14 13 ANNEXURE III CONTRACT INFORMATION SHEET (For the purpose of co-ordination for this tender) Sl.No Particulars Information 1 Company Name 2 Correspondence Address 3 Office Telephone No. 4 Office Fax No. 5 Office ID 6 Contact Person Details 6.a Name 6.b Mobile No. 6.c ID 7 Alternate Contact Person Details 7.a Name 7.b Mobile No. 7.c ID AUTHORISED SIGNATORY With address