The Brihan Mumbai Electric Supply & Transport Undertaking

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The Brihan Mumbai Electric Supply & Transport Undertaking Divisional Engineer Power Management 1 st Flr, Multistoried Annex Building, BEST Marg, Colaba, MUMBAI 400 001 (OF THE BRIHANMUMBAI MAHANAGARPALIKA) Tel. No. : 022 22828365, 22846747 022-22856262 ext. 553/555 Fax No : 022 22824978 Web Add : www.bestundertaking.com Expression of Interest for External Power Purchase Brihan Mumbai Electric Supply & Transport Undertaking (BEST), a distribution licensee supplying electricity in the Mumbai City, intends to procure external power from Generators, CERC/ MERC approved traders for supply of RTC and day power during 1st January 2015 to 31st January 2015 and from 1st April 2015 to 31st December 2015. The terms & conditions are as follows. Month Time in Hrs. Quantum in MW Remark 1. Period of Supply & Quantum of Power Jan 2015 Apr 2015 May 2015 00:00 to 24:00 (RTC) 75 On RTC basis 08:00 to 23:00 125 excluding Sundays for specified 00:00 to 24:00 (RTC) 40 On RTC basis 08:00 to 23:00 100 excluding Sundays for specified 11:00 to 16:00 40 excluding Sundays for specified 00:00 to 24:00 (RTC) 40 On RTC basis 08:00 to 23:00 110 excluding Sundays for specified 11:00 to 16:00 60 excluding Sundays for specified 00:00 to 24:00 (RTC) 50 On RTC basis June 2015 July 2015 08:00 to 23:00 110 excluding Sundays for specified 11:00 to 16:00 80 excluding Sundays for specified 08:00 to 23:00 150 excluding Sundays for specified Aug 2015 08:00 to 23:00 150 excluding Sundays for specified

2. Offer Sept 2015 Oct 2015 08:00 to 23:00 125 excluding Sundays for specified 00:00 to 24:00 (RTC) 50 On RTC basis 08:00 to 23:00 120 excluding Sundays for specified 11:00 to 16:00 50 excluding Sundays for specified Nov 2015 08:00 to 23:00 120 excluding Sundays for specified Dec 2015 08:00 to 23:00 100 excluding Sundays for specified From Generators, CERC / MERC approved traders. Offers for less than 50% of required quantum as mentioned at Sr. no. 1 will not be considered and accepted. 3. Delivery Point The interface of Intra-state Transmission Network of Maharashtra. 4. Billing Cycle 5. Trading Margin 6. Payment 7. Rebate for prompt payment 8. Surcharge for Delayed Payment 9. Open access charges, transmission losses and other charges 10. Sources Supplier may raise Provisional weekly energy bill based on daily schedule issued by concerned SLDC / RLDC. The final bill will be issued based on REA for interstate power and based on FBSM issued by MSLDC for intrastate power. Suitable adjustment will be made for the difference in actual bill and provisional bill. Supplier should specify the trading Margin, if any, separately. BEST shall make payment to Supplier in Supplier s bank account by RTGS within 15 working days (Excluding Sundays and Bank holidays) from the receipt of correct bills, which will be the due date. BEST will be eligible for prompt payment rebate @ 2% on energy bills (Excluding Trading margin), if the payment is made within 7 days ( Excluding Sundays and Bank holidays) from the receipt of correct bills, through FAX/ email. Any delay in payment beyond due date on all outstanding amount will attract 1.25% surcharge per month. The transmission charges (Drawl & Injection), transmission losses, RLDC & SLDC charges upto the delivery point shall be borne by Supplier, beyond the delivery point to the account of BEST. Any open access charges refunded on account of surrendering the transmission corridor shall be credited to the account of BEST as per the provisions of the CERC (Open Access on Inter-State Transmission) Regulations, 2005. Supplier should specify the Source of supply of power and also provide confirmation from source.

11. Scheduling 12. Corridor Booking 13. Supply from alternative sources 14. Compensation Clause 15. Metering 16. Force Majeure The scheduling and dispatch of the power shall be co-ordinated with respective RLDCs/SLDCs as per the relavent provisions of IEGC and framework of ABT and decisions of RLDCs, SLDCs and RPCs The Supplier should arrange for open access to supply the power at Maharashtra state periphery (delivery point). As per Open Access Regulations, the Supplier has to book the transmission system corridor after making necessary advance payments. Any liability on account of open access or any clarification on open access upto the delivery point will not come under purview of BEST Undertaking. In case of failure of the generation source, supplier shall have to supply power from alternative source(s). The supply from the alternative source(s), if any, would be made at the same tariff at which supplier has contracted power with BEST. Any additional liability in supply of power from alternative source(s) shall be borne by the supplier. The following compensation clause will be applicable at delivery point. I. In case Supplier fails to schedule 85% (in case of inter-state) &/or 70% (in case of intra-state supplier) of the quantum of monthly average energy for the month as per open access initially allotted by nodal RLDC, Supplier will compensate to BEST at the rate of Rs.1.00 per kwh for the difference (shortage) below 85% or 70% as the case may be in the schedule of energy as per Open Access initially allotted and the REA based on implemented schedule issued by WRPC for the month. II. In case BEST fails to avail 85% (in case of inter-state) &/or 70% (in case of intrastate supplier) of the quantum of monthly average energy for the month as per open access initially allotted by nodal RLDC, BEST will compensate to Supplier at the rate of Rs. 1.00 per kwh for the difference (shortage) below 85% or 70% as the case may be in the schedule of energy as per Open Access initially allotted and the REA based on implemented schedule issued by WRPC for the month. (Allowable reduction in quantum, if required, shall be uniformly spread over the month as far as possible.) The responsibility of the metering and certified meter reading shall be of the supplier and would be as per relevant Regulations of the Commission as applicable. A Force Majeure Event or circumstance or combination of events or circumstances (not otherwise constituting an Indian political Event) that adversely affects, prevents or delays any party in the performance of its obligation in accordance with the terms of this Agreement, but only if and to the extent that (i) such events and circumstances are not within the reasonable control of the affected party, and (ii) such events or circumstances could not have been prevented through employment of Prudent Utility Practices. Neither party shall be in breach of its obligations pursuant to this understanding to the extent that the performance of its obligation was prevented, hindered or delayed due to Force Majeure Event, and without in any way prejudicing the obligation of either Party to make payments of amounts accrued due prior to the occurrence of the event of Force Majeure, which shall be payable on the original Due Date. Force Majeure events shall include but not limited to :

17. Acceptance of offer 18. Modification such as additions / deletions 19. Resolution of Dispute 20. Revision of Quantum & Period 21. Deviation from Terms & Conditions 22. Evaluation Criteria A. Act of war, invasion, armed conflict, blockade, revolution, riot, insurrection or civil commotion, terrorism, sabotage, fire explosion or criminal damage; B. Act of God, including fire, lighting, cyclone, typhoon, flood, tidal wave, storm, earthquake, landslide, epidemic or similar cataclysmic event; C. Any curtailment / suspension / non availability of transmission capacity by intervening SLDC s and /or RLDC s; D. Any restriction imposed by any RLDC s and including generation constraints / equipment s breakdown / islanding / accidents; E. Change in law; F. Regulatory intervention in the matter of power trading as also orders from CERC/SERCs/Appellate Tribunal of Electricity/High Courts/Supreme Court particularly related to rates at which power can be sold/purchased/traded. This will also include regulations. orders already issued but yet to be conclusively enforced; G. Any directive by Government of Maharashtra not to Export power outside Maharashtra Boundary. BEST Undertaking reserves the right to reject any or all the offers without assigning any reasons what so ever. It is also not binding on BEST to disclose any analysis report on offers. Once the acceptance of the offer is conveyed the bidder(s) would be bound to supply the power as per the contract. BEST reserves the right to enter into Letter of Intent (LoI) with one or more of the Suppliers. BEST is not obliged to accept the offer of the lowest bidder only. After receipt of Letter of Intent (LoI) from BEST, the Supplier has to stick on to the contracted quantum of power for delivery. Any revision in contracted quantum by the Supplier will not be accpted. There will be no liability on payment for BEST to pay the excess energy supplied by the Supplier on its own accord. All differences or disputes between the parties arising out of or in connection with these transactions covered by this agreement shall be settled in accordance with this statutory provision of Electricity Act 2003-Section 158 as amended from time to time. In case of disagreement between the parties, the matter shall come under the jurisdiction of Hon ble High Court at Mumbai. Not withstanding any legal dispute, disagreement or difference, the parties here to, continue to perform the respective obligations under this agreement. BEST Undertaking reserves the right to restrict or withdraw the quantum of purchase of power or revise the period of supply while placing Letter of Acceptance without assigning any reasons to any Supplier. Supplier shall mention the deviation from Terms of Conditions separately. The bids shall be quoted at delivery point on month to month basis for specified period of supply. The rates at delivery point inclusive of all charges will be considered for evaluation. The bids will be evaluated on monthly basis for specified period of supply. In case, Interstate Supplier (source) and Intra-state Supplier (source) quote at equal rates for specified, preference will be given to the Intra-state Supplier.

Interested Suppliers shall submit their bids in sealed envelope with acceptance of terms and conditions of BEST at the address given below on or before 13:30 hrs. of 19 th November 2014. The bids will be opened at 14:00 hrs. of the same day. Offers received through FAX or E-mail shall not be considered under any circumstances. BES &T Undertaking, Divisional Engineer Power Management 1 St Floor, Multistoried Annex Buldg, BEST Marg, Colaba, Mumbai-400 001. For further enquiries, if any, parties may contact Div. Engr.(Power Management), Colaba, Mumbai on E-mail depower@bestundertaking.com or on Telephone no.022-22856262 ext. 553/ 555, 022-22846747, Fax No.022-22824978 General Manager