MINUTES OF THE 2ND PRE-BID MEETING

Transcription

1 MINUTES OF THE 2ND PRE-BID MEETING NIT. : 08/SE(Elec)/TTD/TPT/ Name of work : Design, Engineering, Supply, Installation, Testing & Commissioning of 10 MWp grid based solar PV power plant with single axis tracking on Build, Own, Operate and Transfer (BOOT) basis at TTD Land in Kosuvaripalli Village near Thamballapalli in Chittoor District. The 2nd Pre-Bid meeting for the above work was conducted at PM on in the Meeting Hall of TTD Admn. Bldg., Tirupati. The following representative of the firms and officials were attended. FIRMS Representatives: 1) M/s Sun Edison Solar Power India Pvt. Ltd., Chennai 2) M/s L&T Construction, Chennai 3) M/s Hild Energy Pvt. Ltd., Chennai 4) M/s Divine Space Pvt. Ltd., Chennai 5) M/s Regen Power Tech Pvt. Ltd., Chennai 6) M/s Enrich Energy Pvt. Ltd., Hyderabad OFFICIALS: 1) Sri C. Chandra Sekhar Reddy, Chief Engineer, T.T.D, Tirupati 2) Sri O.Balaji, FA & CAO, T.T.D, Tirupati 3) Sri A.Venkateswarlu, Superintending Engineer (Elec),T.T.D, Tirupati 4) Sri C.Jagadeeswar Reddy, District Manager, NREDCAP, A.P 5) Sri S. Prasad, Dy.Chief Engineer (A), T.T.D, Tirupati In response to the pre-bid meeting (i) M/s SunEdison Solar Power India Pvt. Ltd., Chennai, (ii) M/s First Solar Power India Pvt. Ltd., New Delhi, (iii) M/s L&T Construction, Chennai and (iv) M/s Regen Power Tech Pvt. Ltd., Chennai were submitted their queries and requested clarification. The queries raised by the firms, modifications of eligibility criteria and increasing the BOOT duration have been discussed in detail and the following clarifications are issued. Important te : 1) Copy of 2nd Pre-Bid minutes (pages 2 to 14) are enclosed seperately. The tenderers are requested to quote their rates duly considering the tender document read with 1st & 2nd pre bid minutes and corrigendum issued. 2) The tenderers are requested to ensure to enclose signed copy of 1st & 2nd minutes of pre bid meeting & corrigendum along with technical bid. Failure to enclose, will result in the rejection of tenders. Page 1 of 14

2 Sl.. Chapter Clause Tender condition Query Raised by Remarks of Department Lease of Land The Corrigendum M/s Sun A copy of the land tittle dated August 1, 2015 Edison Solar document will be made available. does not clarify Power India whether TTD will share Pvt. Ltd., title documents on the Chennai project land for review by the Lender. Request you to please share the title documents including 30 years encumbrance certificate and revenue records for the land The Solar power plant to be selected will be for aggregate capacity of 10 MWp. However, the selection of solar power plant would be technology agnostic within the technology mentioned above. Crystalline silicon or thin film or CPV, with single trackers can be installed. Only commercially established and operational technologies can be used, to minimize the technology risk and to achieve the timely commissioning of the Projects Request to allow crystalline technology. Choice of mono or poly to be left with developer. M/s L&T Construction, Solar PV modules of either mono crystalline or poly crystalline are allowed The Solar power plant to be To allow the selected will be for aggregate developers to choose capacity of 10 MWp. However, already commercially the selection of solar power established plant would be technology technologies agnostic within the technology mentioned above. Crystalline (Crystalline, Thin-Film silicon or thin film or CPV, with or CPV) of ther choice. single trackers can be installed. Only commercially established and operational technologies can be used, to minimize the technology risk and to achieve the timely commissioning of the Projects. M/s Solar India Ltd., delhi First Power Pvt. New -do- As per approved pre-bid minutes. Adoption of fixed / tracking system is left to the sole discretion of project Developer. However they shall adopt mono crystalline PV Modules technology only Page 2 of 14

3 Sl.. Chapter Clause Tender condition Query Raised by Remarks of Department (ii) page.14 The company shall be in the Humble request to M/s field of solar power systems TTD to waive-off the for at least 3 years. In the experience eligibility case of consortium of criteria to encourage companies,any member of it new entrants in the shall fulfil this criterion. auspicious purpose; Specific Net Worth criteria can be brought in, in order to stop nonperformers L&T Construction, Revised eligibility criteria for bidding is furnished at point.(23) (iv) Page (iv),(v) The company should have Humble request to TTD designed, supplied, erected, to waive-off the commissioned of SPV-based grid experience eligibility connected/ interactive power criteria to encourage plants cumulative installed new entrants in the capacity of 10 MWp or above ( auspicious purpose; at one or more projects), during Specific Net Worth last 5 years ( i.e., to criteria can be brought ). In the case of in, in order to stop nonperformers consortium of companies, any member of it shall fulfil this criterion (vi) The company should have designed, supplied, erected, commissioned of SPV-based grid connected/ interactive power plants cumulative installed capacity of 10 MWp or above (at one or more projects), during last 5 years ( i.e., to ). In the case of consortium, the lead member shall fulfil this criterion. (v) The company shall be an EPC/BOLT/BOOT Contractor with capability of executing turnkey solution for engineering, procurement, supply, installation, testing and commissioning of large scale grid connected solar PV-based power plants having executed at least one project (under one contract) rated minimum 5.0 MWp which has been running successfully for a period of minimum one year during the last five (5) years as on the date of opening of bids.in the case of consortium, the lead member shall fulfil this criterion. -do- -do- ReGenPowertech, M/s having extensively ReGenPower worked in the tech Private renewable energy Limited, sector submits that its Chennai technical expertise in other renewable energy projects (primarily wind) be considered to fulfil the qualification criteria. We request that the qualification criteria not be limited to solar projects alone. The tender conditions holds good and Point.(23) may also be referred. Page 3 of 14

4 Sl.. Chapter Clause Tender condition Query Raised by Remarks of Department Bidding Entity We understand that a M/s Sun SPV is not allowed. The tender foreign company is Edison Solar condition holds good. precluded from bidding. Power India TTD has also clarified Pvt. Ltd., that the successful Chennai bidder will not be permitted to create an SPV to implement the project. We request you to please reconsider this eligibility requirement and permit foreign companies to bid, and if successful, permit such foreign company to create an Indian entity to implement the project Eligibility Criteria Can the bidding company rely upon the technical and financial credentials of its group companies / affiliates / parent company to satisfy the technical and financial eligibility requirement. -do- The request is considered and Point.(23) may also be referred Financial eligibility criteria Please reconsider the M/s Sun Tender condition holds good and requirement of the Edison Solar Point.(23) may also be bidding company having Power India referred. liquid assets/credit Pvt. Ltd., facilities for Rs. 25 crores Chennai at the time of bidding. Generally credit facilities are availed after the project is allotted to an entity. Banks and financial institutions evaluate the bankability of the project before extending credit facilities. Hence, unless a company is allotted the project, it will not be able to approach a bank / financial institution to raise debt for the project. Page 4 of 14

5 Sl.. Chapter Clause Tender condition Query Raised by Remarks of Department 10 3 Transfer after 15 years It is not foreseeable what the stamp duty and other charges will be at the time of transfer of the asset to TTD after 15 years. Please clarify that TTD will be responsible for all such charges and statutory outgoings for the transfer of the plant to TTD M/s Sun Edison Solar Power India Pvt. Ltd., Chennai TTD will bear the stamp duty at the time of transfer of Solar power plant to TTD Transfer after 15 years Please clarify whether the rate of Rs. 1 lakh per MW will be on the AC capacity or the DC capacity of the plant. -do- The rate of Rs.1.00 lakh per MWp and it is obvious that is on the DC capacity of the plant (11) a From the date of commissioning, the agency shall guarantee to deliver lakh units of power (kwh) annually for each one MW capacity installed under the project, excepting incidents of Acts of GOD or force majeure. Request to consider the degradation of modules by 1% after first year and then 0.8% YoY afterwards. Request to consider the correction factor to be employed due to variation in radiation and temperature. M/s L&T Construction, The minimum solar power plant capacity to be established shall be 10 MWp in case of fixed system (or) 8.5 MWp in case of tracking system. In any case, the 1st year total annual assured power generation shall not be less than 155 Lakh units. The assured generation during 2nd year shall not be less than lakh units. The annual assured generation during subsequent years shall not be less than 0.8% less than the previous year minimum assured generation, till the end of BOOT period. Page 5 of 14

6 Sl.. Chapter Clause Tender condition Query Raised by Remarks of Department The Solar PV plant must be Request clarification M/s Tender condition holds good in conformity with the on whether an ReGenPower Ministry of n-conventional undertaking can be tech Private Renewable Energy Sources given stating that the Limited, (MNRES) guidelines. The required standards Chennai valid type approval is to be certificates will be provided or otherwise selfcertification submitted for the as per the inverter before guidelines of MNRES shall be installation provided. commences. 14 NA NA Tariff quoted shall be Any change in the M/s L&T The wheeling, banking charges & exclusive of wheeling, renewable energy Construction, cross subsidy charges, as banking charges & cross rebate provided by applicable from time to time will subsidy charges but inclusive State Solar/ be borne by TTD. of energy losses up to the Renewable Energy metering point at APSPDCL Policy wrt wheeling, Sub-Stations. banking charges & cross subsidy charges shall be passed out to TTD 15 General Extension of bid submission We humbly request that an extension on the final date of submission technical and financial bids be considered to ensure that the revised bid documents may be studied thoroughly. 16 NA Land Please clarify that all taxes and other outgoings leviable on the ownership of the land will be borne by TTD. M/s ReGenPower tech Private of Limited, Chennai M/s Sun Edison Solar Power India Pvt. Ltd., Chennai Further extension of bid will not be considered. All taxes and other outgoings leviable on the ownership of the land will be borne by TTD. Page 6 of 14

7 Sl.. Chapter Clause Tender condition Query Raised by Remarks of Department 17 NA Land Please clarify that the M/s Sun Conversion of agriculture land to proposed project site is Edison Solar non-agricultural land will be suitable for industrial Power India taken up by TTD. activity (i.e. setting up Pvt. Ltd., of a solar power Chennai project) and no conversion/ceiling exemption is required, If required, please clarify whether TTD will obtain such permission at its cost before handing over the land to the successful bidder. 18 NA Land Please share a copy of -do- Draft lease deed will be provided. the draft lease deed. 19 NA Land Please clarify whether the successful bidder will be permitted to mortgage its leasehold rights in favour of the lender financing the project -do- The agency or its assignee or any financial institutions shall not mortgage leased TTD land under whatsoever reason. 20 NA Consortium Please share a draft of the consortium MoU to be executed by the members of the consortium; 21 NA Consortium Please clarify which entity will be awarded the project in the event a consortium is successful. Will it be (a) The lead member of the consortium; or (b) will the members of the consortium have to form an SPV to sign the PPA with TTD? -do- Tender condition holds good -do- It is to clarify that the lead member has to enter into agreement. 22 NA Draft PPA Kindly share the Draft PPA terms and agreement. -do- Draft agreement will be provided. Page 7 of 14

8 The eligibility criteria for bidding is revised as follows. Sl. Chapter Clause Existing Eligibility Criteria Revised Eligibility criteria Qualification Requirements : Qualification Requirements : Evaluation of Bids will be based on meeting the Evaluation of Bids will be based on meeting the financial and technical qualification requirements. financial and technical qualification Any Bidder who meets the Qualification requirements. Any Bidder who meets the Requirements stated herein shall be Qualified Qualification Requirements shall be Qualified Bidder for the purpose of evaluation under this Bid Bidder for the purpose of evaluation under this document Bid document Eligibility criteria: Eligibility criteria: (i) BIDDER: The Bidder should be a Public limited : GENERAL CRITERIA company or private limited company or (i)bidder: The Bidder should be a Public Consortium/JV. The company /companies should be limited company or private limited company or registered in India. The term Bidder used herein Consortium/JV of companies. The company after would therefore apply to both a single Bidder /companies should be registered in India. The and/ or the Consortium. term Bidder used herein after would therefore apply to both a single Bidder and/ or the Consortium. The Bid submitted by a Consortium should comply The Bid submitted by a Consortium should with the following additional requirements failing comply with the following additional which shall result in disqualification. requirements failing which shall result in disqualification. Number of members in a Consortium should be limited to three (3). The Bid should contain the information required for each member of the Consortium Number of members in a Consortium should be limited to three (3). The Bid should contain the information required for each member of the Consortium/JV Each Consortium must nominate a lead Each Consortium/JV must nominate a lead member/prime bidder of the Consortium and must member/prime bidder of the Consortium and submit the Power of Attorney by all members of the must submit the Power of Attorney by all Consortium bidder. in favor of the lead member/prime members of the Consortium in favor of the lead member/prime bidder. Any Company applying as a sole Bidder cannot at the Any Company applying as a sole Bidder cannot same time be member of any Consortium applying at the same time be member of any for this Project. Further, a member of a particular Consortium/JV applying for this Project. Consortium cannot be member of any other Further, a member of a particular Consortium applying for this Project. Consortium/JV cannot be member of any other Consortium/JV applying for this Project. Any Bidder who submits or participates in more than Any Bidder who submits or participates in one Bid for this Project will be disqualified and will more than one Bid for this Project will be also lead to disqualification of the Consortium of disqualified and will also lead to disqualification which it is a member. of the Consortium of which it is a member. Page 8 of 14

9 Members of the Consortium shall enter into a Members of the Consortium/JV shall enter into memorandum of understanding (MoU) specific to a memorandum of understanding (MoU) this Project which shall be submitted with the Tender specific to this Project which shall be submitted document. The MoU shall, inter alia: with the Tender document. The MoU shall, inter alia: Convey the intent to form a Consortium, with Convey the intent to form a Consortium, with commitments in accordance with the Tender commitments in accordance with the Tender Document, which would enter into the Project Document, which would enter into the Project Agreement and subsequently carryout all the Agreement and subsequently carryout all the responsibilities as Implementing Agency in terms of responsibilities as Implementing Agency in the Project Agreement, in case the Project is terms of the Project Agreement, in case the awarded to the Consortium. Project is awarded to the Consortium/JV. Clearly outline the proposed roles and responsibilities of each member at each stage. Clearly outline the proposed roles and responsibilities of each member at each stage. The members of the Consortium shall be jointly liable The members of the Consortium/JV shall be for the execution of the Project in accordance with jointly liable for the execution of the Project in the terms of the Project Agreement, however TTD accordance with the terms of the Project will interact with lead member who shall own all Agreement, however TTD will interact with lead liability and responsibility on behalf of consortium. member who shall own all liability and responsibility on behalf of consortium/jv. The Consortium as a whole must be a sound entity both technically and financially. The Consortium/JV as a whole must be a sound entity both technically and financially. The change in composition of the Consortium (i.e. The change in composition of the Consortium Insertion or deletion of new/existing members) will (i.e. Insertion or deletion of new/existing not be allowed after the submission of the Bid. members) will not be allowed after the submission of the Bid. Consortium/JV shortlisted based on this tender document has to necessarily form a Project Company and get it registered under the Companies Act, Indian 1956 or Companies Act, 2013 as applicable, before signing of PPA, keeping the original shareholding of the Bidding Consortium unchanged TECHNICAL / FINANCIAL CRITERIA BIDDERS HAS to FULFILL TECHNICAL / FINANCIAL CRITERIA EITHER for CRITERION A (OR) for CRITERION - B CRITERION - A (ii) The company shall be in the field of solar power (i) The company shall be in the field of solar systems for at least 3 years. In the case of consortium power systems for at least 3 years. In the case of companies, the lead member shall fulfil this of consortium of companies, the lead member criterion. shall fulfil this criterion. (iii) The Company or consortium Group average (ii) The Company or consortium Group average annual turnover of not less than INR 50 crores during annual turnover of not less than INR 50 crores the last five (5) financial years ending with March during the last five (5) financial years ending 2015 duly certified by the Charted Accountant/ with March 2015 duly certified by the Charted Audited Accounts. Accountant/ Audited Accounts. Page 9 of 14

10 (iv) The company should have designed, supplied, (iii) The company should have designed, erected, commissioned of SPV-based grid connected/ supplied, erected, commissioned of SPV-based interactive power plants cumulative installed grid connected/ interactive power plants capacity of 10 MWp or above ( at one or more cumulative installed capacity of 10 MWp or projects), during last 5 years ( i.e., to above ( at one or more projects), during last 5 15). In the case of consortium, the lead member shall years ( i.e., to ). In the case of fulfil this criterion consortium, the lead member shall fulfil this criterion. (v) The company shall be an EPC/BOLT/BOOT (iv) The company shall be an EPC/BOLT/BOOT Contractor with capability of executing turnkey Contractor with capability of executing turnkey solution for engineering, procurement, supply, solution for engineering, procurement, supply, installation, testing and commissioning of large scale installation, testing and commissioning of large grid connected solar PV-based power plants having scale grid connected solar PV-based power executed at least one project (under one contract) plants having executed at least one project rated minimum 5.0 MWp which has been running (under one contract) rated minimum 5.0 MWp successfully for a period of minimum one year during which has been running successfully for a the last five (5) years as on the date of opening of period of minimum one year during the last five bids. In the case of consortium, the lead member (5) years as on the date of opening of bids. In shall fulfil this criterion. the case of consortium, the lead member shall fulfil this criterion. (vi) The company shall have a Liquid assets and / or (v) The company shall have a Liquid assets and / credit facilities of not less than Rs. 25 crores (Credit or credit facilities of not less than Rs. 25 crores facility / letter of credits / Solvency certificates from (Credit facility / letter of credits / Solvency Banks etc). certificates from Banks etc). (vii) The applicant / its collaborator, as applicable, (vi) The applicant / its collaborator, as should have adequate technical expertise in the area applicable, should have adequate technical of structural design as per applicable codes and expertise in the area of structural design as per standards in solar/ power/ steel/ industries. applicable codes and standards in solar/ power/ steel/ industries. (OR) CRITERION - B (i) NETWORTH: The Bidding Company/ Bidding Consortium/JV shall have NETWORTH equal to or greater than Rs crores Net Worth shall be calculated along the following lines: Net Worth = Paid up Equity share capital Add: Free Reserves Subtract: Revaluation Reserves Subtract: Intangible Assets Subtract: Miscellaneous Expenditures to the extent not written off and carry forward losses. Page 10 of 14

11 a) Paid-up Share Capital will include: 1. Paid-up equity share capital and 2. Fully, compulsorily and mandatorily convertible Preference Shares and 3. Fully, compulsorily and mandatorily convertible Debentures. b) Share premium will form an integral part of Net Worth provided it is realized in cash or cash equivalents. However, this condition will not apply in case of listed companies i. For the purposes of meeting financial requirements, only unconsolidated audited annual accounts shall be used. However, audited consolidated annual accounts of the Bidder may be used for the purpose of financial requirements provided the Bidder has at least twenty six percent (26%) equity in each Company whose accounts are merged in the audited consolidated account and provided further that the financial capability of such Companies (of which accounts are being merged in the consolidated accounts) shall not be considered again for the purpose of evaluation of any other Bid. ii. A Company/ Consortium would be required to submit annual audited accounts for the last four financial years (or if the period of existence of the Company is less than four Years, then starting from the year of incorporation) viz , , and indicating the year which should be considered for evaluation along with a net worth certificate from a Chartered Accountant to demonstrate fulfilment of the criteria. Page 11 of 14

12 iii. However, for new as well as existing Companies, the net worth criteria can also be met as on the day not more than seven days prior to the Bid Deadline by the Bidding Company. To demonstrate fulfilment of this criteria, the Company shall submit a certificate from a Chartered Accountant certifying the availability of net worth on the date not more than seven days prior to Bid Deadline along with a certified copy of the Balance Sheet, Profit & Loss Account, Schedules and cash flow statement supported with the bank statement iv. If the Bid is submitted by a Consortium, then the financial requirement to be met by each Member of the Consortium shall be computed in proportion to the equity commitment made by each of them in the Project Company. v. Any Consortium, if selected, shall, for the purpose of supply of power to TTD, incorporate a Project Company with equity participation by the Members in line with Consortium Agreement (to be submitted along with Bid) before signing the PPA with TTD, i.e. the Project Company incorporated shall have the same shareholding pattern as given at the time of Bid submission. This shall not change till the signing of PPA and the Controlling Shareholding (held by the Lead Member holding not less than 51% of the voting rights) shall not change from Bid Deadline up to One (1) Year after the COD of the Project vi. For avoidance of any doubts, it is clarified that fully, compulsory and mandatory convertible Preference shares/ Debentures convertible at any date, or equity in the name of Promoter shall necessarily remain not less than 51% from Bid Deadline up to completion of 1 year after COD. Page 12 of 14

13 However, in case of any change in the shareholding of the other shareholders (other than the Controlling Shareholder including Lead Member) after signing of PPA, the arrangement should not change the status of the Controlling Shareholder and the Lead Member in the Project Company at least up to one year after the COD of the Project. Further, such change in shareholding would be subjected to continued fulfilment of the financial and technical criteria, by the Project Company. vii. The Bidder may seek qualification on the basis of financial capability of its Parent Company and / or its Affiliate(s) for the purpose of meeting the Qualification Requirements. In case of the Bidder being a Bidding Consortium, any Member may seek qualification on the basis of financial capability of its Parent Company and / or its Affiliate(s). viii. Whether or not financial resources of Parents and / or Affiliate(s) are relied upon to achieve the required net worth, the required net worth has to be infused in the Project Company before signing of PPA. A copy of Return filed by the Bidder and duly acknowledged by ROC for registering the shareholding and its terms & conditions must also be submitted along with the Bid and also before signing of PPA. It is not necessary to have the technology partner at the tender stage. Further it is also not necessary for the technology partner to have an equity stake in the Bidding Company/Consortium. However if the technology partner has an equity participation in Bidding Consortium then such equity participation shall not exceed ten (10) percent. Page 13 of 14

14 (viii) The company/consortium groups should not (viii) The company/consortium groups should have been black listed/debarred /disqualified by any not have been black listed/debarred Govt. Entity or any International Agency for nondelivery or non compliance or corrupt/fraudulent International Agency for non-delivery or non /disqualified by any Govt. Entity or any practices. The company should give self-declaration compliance or corrupt/fraudulent practices. The to this effect and the onus will be on the applicant. company should give self-declaration to this effect and the onus will be on the applicant. The Bidder shall deploy only commercially established and operational technologies, subjected to the technical specifications specified here in, so as to minimize the technology risk and to achieve timely commissioning of the Projects. The Bidder may indicate details regarding the selection of technology and its details along with the Bid. However, the Successful Bidder has to confirm the technology selected in line with the above at the time of Financial Closure. However, the Bidder shall provide proof and credentials to the satisfaction of the TTD (s) that the technology proposed by him has been in successful operation in at least one Project anywhere in the world at the time of Financial Closure. i. The Bidder is required to furnish evidence of meeting the above criteria. Detailed technical parameters for Solar PV Projects to be met by SPDs are at Chapter-4. The Bidders shall strictly comply with the technical parameters detailed in the Chapter-4 to make the Project technically eligible. 24 The BOOT period is increased from 15 years to 20 years Important te : 1) Copy of 2nd Pre-Bid minutes (pages 2 to 14) are enclosed seperately. The tenderers are requested to quote their rates duly considering the tender document read with 1st & 2nd pre bid minutes and corrigendum issued. 2) The tenderers are requested to ensure to enclose signed copy of 1st & 2nd minutes of pre bid meeting & corrigendum along with technical bid. Failure to enclose, will result in the rejection of tenders. Sd/- C.Chandrasekhar Reddy Chief Engineer, TTD Page 14 of 14