PTC INDIA LIMITED NEW DELHI Notice Inviting Tenders Date: 18 th May 2017 Tender ref. No. PTC/MTFG/NDMC/Tender/Banking/1195 Name of Work: Intra-Day Energy Banking Arrangement Date of release of Tender: 18 th May 2017 Last date/time for receipt of Tenders: 25 th May 2017 at 15.00 Hours Date/Time for Opening of Bids: 25 th May 2017 at 15.30 Hours Further details can be seen / downloaded at www.ptcindia.com
PTC INDIA LIMITED NEW DELHI Tender Document Tender ref. No. PTC/MTFG/Tender/Banking/1195, is a public limited company incorporated under the Companies Act 1956 and has been established with an objective, inter-alia, to carry out in India and abroad, the business of purchase of all forms of electrical power from independent power producers, captive power plants and other generating companies, transmission companies, state electricity boards, state government statutory bodies, licensees, power utilities, and sale of all forms of electrical power to the state electricity boards, power utilities, generating companies, transmission companies, bulk consumers of power and other organizations buying power, whether in the private or public sector. (PTC) on behalf of New Delhi Municipal Council (NDMC) invites bids from the eligible bidders for intra-day banking of power for the period from 1 st June 2017 to 30 th September 2017. The tender document can be viewed / downloaded from PTC website www.ptcindia.com. The bid documents by the eligible bidders shall be submitted in the office of PTC in sealed envelope or on e-mail ID harishsaran@ptcindia.com by 25 th May 2017 up to 15.00 Hours along with the scanned copy of Earnest Money in the shape of Demand Draft from any Nationalized / Scheduled Bank in favor of PTC India Limited payable at New Delhi. The original EMD has to be submitted in the office of PTC by 25 th May 2017 up to 15.00 Hours failing which the bid shall be rejected. 1. Introduction and Background: New Delhi Municipal Council is the deemed distribution licensee for retail supply of electricity in NDMC area. To manage the shortage/surplus of power, NDMC under its portfolio management agreement with PTC, has authorized PTC to invite bids from licensed state utilities, distribution licensees, SEBs and power traders for intra-day banking of power on firm/day-ahead basis for period from 1 st June 2017 to 30 th September 2017.
2. Banking of Power: The details of the banking arrangement is given in the enclosed Annexure I. PTC shall supply power to the bidder(s) as per arrangement A in Annexure-I. Whereas, bidders shall return the energy banked as per arrangement B in Annexure-I. Bidders are requested to clearly indicate supply/return slots and the premium (conversion ratio) in percentage offered by them on the banked energy returnable to NDMC as per Financial Bid. Preference shall be given to the bidder who accepts the supply & return arrangement as per Annexure I of the tender document with maximum percentage premium on return to PTC. PTC/NDMC shall not provide any trading margin under the said banking arrangement to the Bidder(s). 3. Bid Security: The prospective bidder shall deposit Earnest Money of Rs. 10.00 Lac (Rupees Ten Lac) in the form of Demand draft of any Nationalized Bank/ Scheduled bank drawn in favor of payable at New Delhi. However, licensed state utilities, distribution licensees, SEBs any Government Undertakings which are owned / controlled by Central or State Governments are exempted from requirement of furnishing EMD. The EMD of the Bidder shall be forfeited:- i) If Bidder withdraws bid or alter any terms and conditions during Bid Validity Period ii) In case the LOA is issued, but Selected Bidder(s) is/are not in a position to fulfil the requirement The EMD of successful bidders shall be converted as Performance Guarantee, which shall be returned after completion of the contract in all respects. EMD of unsuccessful bidders shall be returned after 30 days from the date of opening of the tender enquiry or finalization of tender enquiry and completion of formalities by successful bidders, whichever is earlier. 4. Submission of Bid: The offer should be submitted in two envelopes. The envelope A & envelope B will contain the following:- Envelope A o Covering Letter o Earnest Money Deposit o Bidder s Company Data (Format Enclosed) o In case of trader, Authorization Certificate / LOI (Letter of Intent) of the back-up Banking Utility(ies) for participation in the subject tender. o In case of trader, copy of valid inter-state Energy Trading License issued by CERC. o Power of Attorney / Authorization letter in name of Authorized Signatory o Signed & Stamped copy of this tender document along with its annexures as a token of acceptance to all the terms & conditions.
Envelope B o Financial Bid as per the format enclosed and shall be unconditional. Note: Bids received with any deviations / incomplete documents / without back-up Authorization/LOI shall be summarily rejected. Both the envelope A & B shall be put together in one sealed envelope marked Offer for Intra-Day Banking and shall be sent to: Shri Harish Saran Executive Director (Marketing) 2 nd Floor, NBCC Tower, 15, Bhikaji Cama Place, New Delhi 110066 Phone: 011 41595100 Firstly, the envelope A will be opened in the presence of the bidder s representatives who choose to be present at the prescribed time, date and address. If the documents in envelope A is found to be in order as per the requirement of this tender document, only then the Financial Bids i.e. envelope B shall be opened. The bids without Earnest money shall be out rightly rejected. The price bids will be opened in the presence of the representative of the qualifying bidders who choose to attend. The Bid submitted by the Bidder and all correspondence and documents relating to the bid shall be written in the English Language. Note: Bidders who are exempted from submission of the EMD, may submit their bids on e-mail ID i.e. harishsaran@ptcindia.com 5. Important Dates: 1. Last date & time of submission of tender document 2. Date & time for opening of the tender document 25 th May 2017 at 15:00 Hours 25 th May 2017 at 15:30 Hours In case, above date happens to be holiday, then the date of submission and opening of tenders will automatically get shifted to the next working day, but the scheduled time will remain the same. 6. Contract Documents: PTC shall intimate the intent of power swap (banking) arrangement to the successful Bidder(s) through a Letter of Award (LOA) to be dispatched by e-mail/fax. Successful Bidder shall convey his acceptance of LOA within 2 days of issue of the LOA failing which the EMD shall be forfeited. Acceptance of LOA shall be construed as a binding contract.
The terms and conditions of LOA shall be deemed as having entered into an agreement for transaction of contracted power for the duration/period as mentioned in the LOA and in the event of any commercial/operation dispute, the said LOA shall be treated as a legal document in the Court of Law for all intents and purpose. As such no separate agreement shall be executed. In case the LOA is issued, but Selected Bidder(s) is/are not in a position to fulfil the requirement, apart from forfeiture of its EMD, the bidder shall be debarred / blacklisted for 3 years from business dealing with NDMC. 7. Bid Validity Period: The offer shall remain valid for a period of 15 days from the date of opening of bid ( Bid Validity Period ) and the Bidders shall have no right to withdraw the offer or alter any terms and conditions during the period of validity. In case the bidder withdraws or alters any terms and conditions during the period of validity, EMD submitted by the bidder may be forfeited. 8. Governing Law: All matters arising out of or in conjunction with the Bid Documents and/or the bidding process shall be governed by and construed in accordance with Indian Law and the Courts of New Delhi shall have exclusive jurisdiction. 9. Arbitration & Dispute Resolution: All differences or disputes between the parties arising out of or in connection with these presents save any question or matter of dispute which falls within the scope and purview of the statutory arbitration under the provisions of the Electricity Act, 2003 as amended from time to time and as per the provisions of the Arbitration and conciliation Act, 1996. Notwithstanding any legal dispute, disagreement or difference, the parties here to, continue to perform the respective obligations under this agreement. 10. Disclaimer: Neither PTC/NDMC nor its employees shall be liable to any Bidder or any other person under any law including the law of contract., tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise, or be incurred, or suffered, in connection with the bid, or any other information supplied by or on behalf of PTC/NDMC or its employees. For the avoidance of doubt it is expressly clarified that this Bid Document is an offer to bid and its subject to the award of LoA by PTC/NDMC and acceptance of the LoA by the selected Bidder will be construed as acceptance of terms and Condition. Thanking You, Harish Saran Executive Director (Marketing)
Annexure I General Terms and Conditions Terms and conditions for the intra-day banking of surplus power on Firm / Day- Ahead basis to bidders shall be as under:- 1. Quantum:- Arrangement A: Quantum of power to be banked/supplied by PTC:- Utility Period Duration (hrs.) Quantum (MW) Delivery Point NDMC 1 st June 2017 to 30 th September 2017 00:00 to 07:00 & 22:00 to 24:00 Up to 70MW NR periphery Arrangement B: Return of power by Bidder to PTC:- Utility Period Duration (Hours) Quantum (MW) Deliver Point Utilities Next day of supply * % of 09:00 to 18:00 NR periphery in NR of banked power. banked energy. * Percentage Premium to be quoted in Financial Bid 2. Open Access transmission charges & losses: All open access charges including SLDC consent charges, RLDC Application fee, POC charges and losses, State charges and losses, operating charges, scheduling charges up to delivery point [Regional Periphery of exporting utility] shall be to the account of exporting utility and all open access charges including SLDC consent charges, RLDC Application fee, POC charges and losses, State charges and losses, operating charges, scheduling charges beyond delivery point shall be to the account of importing utility. The nodal RLDC application fee & scheduling charges shall be payable by importing utility only. PTC shall be raising bills on account of Open Access charges paid on behalf of Bidder to Bidder. Bidder shall reimburse these bills in full to PTC within 3 (Three) days from the date of submission of invoice, excluding the date of submission of invoice. If 3 rd day happens to be a holiday for Banks, then payment will be made on the next working day. No rebate is applicable on Open Access bills. PTC shall levy a surcharge of 15% per annum on the Open Access payments outstanding beyond 3 days from the date of submission of the bill. This surcharge would be calculated on a day-to-day basis for each day of the delay. 3. Scheduling: PTC shall apply open access for both supply & return of power between Utilities on firm / day-ahead basis as the case may be. Both PTC and Successful Bidder shall
schedule this power in full except in case of force majeure. The Scheduling and Dispatch of the power shall be coordinated with respective RLDC(s) as per the relevant provisions of IEGC and framework of ABT and the decisions of RLDCs, RPCs and Delhi SLDC. The power shall be scheduled and dispatched as per the relevant provisions of CERC (Open Access in inter State Transmission) (Amendment) Regulations, 2009 issued vide CERC Notification No. L 7 / 105 (121)/2007 CERC dated 20 th May 2009, effective from 15.06.2009, CERC (Sharing of Inter State Transmission Charges and Losses) Regulations, 2010 dated 15 th June 2010, effective from 1 st July 2011 and Procedure for Scheduling Revision 1 dated 30.06.2011 applicable from 1 st July 2011 and as amended from time to time. PTC shall not be responsible for any Unscheduled Interchange (UI) liability on account of Bidder, if any. 4. Trading margin: No trading margin will be allowed on the quantum supplied / availed by PTC i.e. PTC/NDMC shall not provide any trading margin under the said banking arrangement to the Bidder(s). 5. Performance Guarantee: Bidder shall provide SLDC consent for return of banked power to PTC. Both PTC/Bidder shall sign the schedules/application for exchange of power under banking arrangements as per schedule agreed before start of banking cycle and will supply one copy to the other utility duly consented by respective SLDCs. The schedules/applications so signed shall not be revised /changed without consent of both the parties. However, if it becomes necessary to alter/amend the same on account of corridor congestion/change in scheduling procedure the same will also be made with mutual consent of both the parties. 6. Energy Accounting: i) For the power supplied by PTC to Bidder during entire month, PTC shall issue a certified energy statement to Bidder based on the REA issued by NRPC. ii) For the return of banked power to PTC/NDMC by Bidder during entire month, PTC shall issue a certified energy statement based on REA issued by NRPC. iii) Once all the transaction in the banking agreement are completed, PTC shall prepare final energy account to Bidder showing the supply and return of power in energy terms(mu s) and prepare a settlement bill based on the final energy accounting. 7. Revision Of Schedule/ Cancellation Of Open Access: On Day-Ahead basis no revision of the booked open access corridor is allowed. However, in case of firm open access corridor booking, any revision of the approved Open Access shall only be allowed on mutual agreement between PTC & Bidder. In case of revision / cancellation of approved open access corridor, the party seeking revision / cancellation of open access corridor shall bear all the open access charges
as applicable (for both the applications i.e. supply as well as return) under Inter-State Open Access Regulations from the injection point till the point of drawl applicable due to such surrender/cancellation. Please note that any curtailment/downward revision of the approved open access quantum shall be done proportionately in every time block with a three days prior (excluding Sundays & holidays) written notice to PTC/Bidder as the case may be, from the implementation date of the surrender. 8. Settlement Rate: Energy will be exchanged only with energy. If the energy is exchanged between PTC and Bidder is in the desired proportion, no monetary transaction will take place. However, In case of any corridor constraint during the normal retuning period, the balance quantity shall be returned during the immediate succeeding day of return period or as per mutual consent of both utilities. If Bidder fails to return entire banked power during the normal returning period, the balance quantity shall be returned during the immediate succeeding day of returned during the immediate succeeding month of return period as per mutual agreement of both the parties. Alternately, the shortfall in return quantum shall be settled & paid by Bidder to PTC at the rate of Rs.4.00/Kwh. If banked power is being returned by Bidder and PTC is not able to avail the banked power then settlement rate payable by Bidder shall be Rs.3.00/Kwh. The date for finalizing above clause shall be one month after the expiry of contract period. The authority to exercise this option shall be at the sole discretion of PTC/NDMC. The bills raised on account of adjustment of energy shortfall, if any, shall be paid within 7 days (Due Date) of presentation of bill by fax including the day of presentation of bill which shall be the Due Date. 2% rebate shall be applicable, if the payment is made on or before the Due Date. A surcharge of 15% (Fifteen Percent) per annum shall be applied on payments outstanding after the Due Date. This surcharge would be calculated on a day-to-day basis for each day of the delay. 9. Force Majeure: A Force Majeure Event shall mean any event or circumstance or combination of events or circumstances (not otherwise constituting and 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. 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 obligations 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 to 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 limited to: a) Act of war, invasions, armed conflict, blockade, revolution, riot, insurrection, or civil commotion, terrorism, sabotage, fire or criminal damage. b) Act of God, including fire, lighting, cyclone, typhoon, tidal wave, storm, earthquake, landslide, epidemic or similar cataclysmic event. c) Any curtailment/suspension/no availability of transmission capacity imposed by RLDC(s)/Delhi SLDC. d) Change in law. e) Regulatory/Govt. 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. 10. Change of Law: In case of change of law of restriction imposed by regulator (Central or State) or Government (Central or State) or Appellate Tribunal or Courts on any aspect of sale or purchase of power, the same shall be binding on both the parties.
To, Shri Harish Saran Executive Director (Marketing) 2 nd Floor, NBCC Tower, 15, Bhikaji Cama Place, New Delhi 110066 Phone: 011 41595100 Financial Bid (To be given on the official letter of the buying utility) 1) We are submitting our Bid as under:- Banking Arrangement on Basis (Firm or Day-Ahead to be mentioned) Arrangement A: Quantum of power to be banked/supplied by PTC:- Period 1 st June 2017 to 30 th September 2017 Duration (Hours) 00:00 to 07:00 & 22:00 to 24:00 Quantum (MW) Delivery Point NR periphery Arrangement B: Return of power by Bidder to PTC:- Utility Period Duration (Hours) Return % Deliver Point Next day of supply % of 09:00 to 18:00 NR periphery of banked power banked energy 2) Authorization Certificate / LOI (Letter of Intent) of the back-up Banking Utility(ies) for participation in the subject tender as per above arrangement enclosed. (Applicable in case of Electricity Traders only) 3) No trading margin shall be applicable between PTC & Bidder under the above banking arrangement. Signature: (Authorized Signatory) Name: Designation: Telephone No.: Fax No.: E-mail ID:
BIDDER S COMPANY DATA a) Company Name: b) Name of the Contact Person: c) E-Mail Address: d) Postal Address: e) Telephone: f) Fax Number: g) Organization Type: 1. Inter/Intra state Trading license (Copy enclosed) I. Category of License (in case of traders alone) II. Validity 2. Distribution Licensee 3. Other, with details h) LOI of each Source (Copy enclosed) i) EMD Details: (with copy enclosed) Signature: (Authorized Signatory) Name: Designation: