JAMMU & KASHMIR STATE POWER DEVELOPMENT CORPORATION LIMITED NOTICE INVITING BIDS FOR IPP PROJECT NIT NO 02 of 2013 Dated 07-02-2013 1. Jammu & Kashmir State Power Development Corporation (JKSPDC) invites sealed responses from eligible Bidders who are permanent residents of J&K for implementation of 8 MW Sewa-I hydroelectric project on BOOT basis. The entire bidding process comprising of Request for Qualification (RfQ) & Request for Proposal (RfP) shall be in a single drop two cover system and be subject to the terms and conditions contained in the detailed bid document to be issued to applicants on payment of Rs 30,000/= in the shape of Demand Draft in the name of General Managers (Accounts) Corporate Office,JKSPDC payable at Srinagar/Jammu.The bidding is based on J&K State Hydroelectric Projects Development Policy 2011 notified vide Govt. order No. 205-PDD of 2011 dated 07-7-2011 and in case of need of any clarification, the provision of the Policy shall prevail and be final and binding. S. No Name of the project District Source Capacity in MW Estimated Cost (Rs in crores) 1 Sewa-I Kathua Sewa River 8.00 80.00 2. Two RfPs were received for the project in response to no; JKSPDC/Tech/P- 202/1828-51; dated: 25-06-2012 out of which one turned out to be non responsive and therefore fresh tenders are hereby invited for it with renewed qualifying criteria. The concerned bidders are requested to take back their financial bids which have not been opened by JKSPDC due to inadequate response. 3. The Project being upto 10 MWs is reserved for execution by IPPs that are permanent residents of Jammu & Kashmir. This would include such IPPs in which permanent residents of J&K hold majority stake of not less than 51 %. The IPPs which are permanent residents of J&K State can seek partnership in the form of Joint Venture/Consortium if they choose to, subject to the condition that the Permanent residents shall be the lead member with not less than 51 % stake in such JV/Consortium. 1
4. The IPPs would include any Private Investor such as Private Ltd. Company/Public Ltd. Company/Public Sector Undertakings/ Partnership concern/ Sole Proprietary/Cooperative Society /State Governments other than J&K or any other Government or non Government entity or their joint ventures or consortiums. 5. The projects shall be offered for the Concession Period of 35 years from the scheduled COD which shall be fixed while according of Techno Economic Clearance (TEC) by JKSPDCL after allowing for suitable construction period from the date of award of the project. JKSPDCL may however, extend the Concession Period due to Force Majeure or reasons beyond the control of IPP. 6. JKSPDCL will acquire land strictly as per component wise project requirement for the project and lease the same to the IPPs on payment of premium/rentals to be determined by the Government till the expiry of Concession Period. 7. Construction of project infrastructure including approach roads, arrangement for water supply, power for construction purposes, etc. shall be the responsibility of the IPP and the cost thereof shall be borne entirely by the IPP. 8. Since potential sites are being notified on the basis of preliminary reconnaissance and PFRs only, the IPPs are expected to verify various project related parameters viz. discharge, head, water availability, habitation, etc. The information contained in the PFR is only indicative and JKSPDCL shall not be responsible for the accuracy of the information contained therein. IPPs shall also ensure that the Project components do not fall in wild life sanctuaries, National parks, eco protection zones, etc. and also do not interfere / overlap with the existing/ ongoing Hydel Projects. 9. A single stage bidding process will be adopted, comprising of single drop two cover system of Non-financial bid and financial bid. The Financial bid of only such bidders shall be opened who are declared technically responsive on the basis of evaluation of Non-financial bid and the financial bids of bidders not declared technically responsive shall be returned to the bidder unopened. The decision of JKSPDC in this regard shall be final and binding. 10. Bidders should meet the qualifying criteria specified hereunder. In the case of a Bidding Consortium, the financial requirement shall be met individually and collectively by all the Members in the Bidding Consortium in proportion to the equity 2
commitment made by each of them in the Project Company as per the Joint Deed Agreement 9.1 Qualification Requirements 9.1.1 Financial Criteria:-The Bidder must fulfill following minimum financial requirements:- 1. Networth: Rs. 0.30 Crore per MW of the PFR Capacity indicated in the RFP notification or equivalent US$. The above computation shall be derived from any of the past three years audited annual accounts. 2. Annual Turnover: Rs. 0.70 Crore per MW of the PFR Capacity indicated in the RFP Notification inviting or equivalent US$. The above computation shall be derived from any of the past three years audited annual accounts In case of sole proprietors and partnership firms, in addition to annual accounts duly certified by the Chartered Accountant, an audit report certifying the true and fair view of the accounts and duly acknowledged IT return/service Tax Return for verifying the turnover, should be furnished as documentary evidence in support of meeting the financial Qualification Requirements. The above financial parameters shall be computed as follows:- In relation to companies the Networth = : Equity share capital Add : Reserves Subtract : Revaluation reserves Subtract : Intangible assets Subtract : Miscellaneous expenditures to the extent not written off and carry forward losses In relation to Sole Proprietors and Partnership firms the Networth shall be equal to capital. Annual Turnover: Annual gross revenue earned by the Bidder. While evaluating the financial capacity of the Bidders, the projects already under execution by the Bidder in the State shall be netted off. For example, in respect of Annual turnover: 3
Annual Turnover of the Bidder = X Crores Eligibility for MWs = X /0.70 = Y MWs already in execution = Z MWs the bidder is eligible to Bid now = Y-Z Similar calculation shall be adopted for Net worth. 9.1.2 Technical Criteria:- The Bidder shall undertake to put in place a structured technical team as per the following details: i) Team leader: A Graduate Civil/Electrical/Mechanical Engineer with at least 15 years experience in hydro project planning, design & construction or river valley projects. ii) Graduate professional in various disciplines for survey, Investigation & preparation of DPR. Alternatively the developer can engage a reputed consultant for this activity. iii) Team of experienced Graduate Engineers from Civil, Electrical & Mechanical Disciplines having minimum experience of 10 years in the fields of hydro power development/ river valley projects/power projects during the construction stage. iv) A Quality control specialist during construction of the Project. v) A Plant Head Engineer with Graduate Electrical/Civil/Mechanical engineering background for O&M of commissioned project. vi) Engineers (Degree & Diploma) & Technicians for O&M of the plant. The Technical / Engineering staff as mentioned above shall be approved by the JKSPDC while granting TEC. Failure to deploy the requisite staff shall be construed as breach of contract leading to the termination of agreement. 11. The bidders will be required to provide proof of their qualification viz., balance sheets, annual reports and other reported evidence of capacity. While evaluating the financial capacity of the bidders, the projects already under execution by the bidder in the State shall be netted off. In case of sole proprietors and partnership firms, instead of Annual accounts duly audited by the Statutory Auditors, an audit report certifying the true and fair view of the annual accounts from the Chartered Accountant, who has certified the financial statements and duly acknowledged sales 4
tax return for verifying the turnover, may should be used as documentary evidence in support of meeting the Financial qualification requirements. 11. The bid shall also be accompanied by a non-refundable deposit towards processing fee in the shape of demand draft of Rs. 1.00 lac (Rupees one lac) drawn in the name of General Manager (Accounts) Jammu & Kashmir State Power Development Corporation Limited (JKSPDCL), payable at Srinagar/Jammu.This processing fee shall be for each Project for which IPP submits bid. 12. The bid shall also be accompanied by a refundable Earnest Money Deposit (EMD) of Rs 5.0 lacs in the shape of a Demand Draft drawn in favour of General Manager (Accounts) Jammu & Kashmir State Power Development Corporation Limited (JKSPDCL), payable at Srinagar. 13. Soft copy of bid document can be purchased from Corporate Office of JKSPDC Srinagar on any working day on the dates indicated below on payment of Rs 30,000 payable in the shape of a Demand Draft drawn in favour of General Manager (Accounts) Jammu & Kashmir State Power Development Corporation Limited (JKSPDCL), payable at Srinagar. Bid document shall comprise of soft copy of RfP Document, Prefeasibility Report and the J&K State Hydroelectric Projects Development Policy 2011. 14. The successful bidders would be required to pay an upfront premium of Rs.4.0 lacs per MW. 15. Proposals shall be invited from the qualified bidders on the basis of the following variables, as may be specified in the detailed bid document :- i. Free Power to J&K subject to a minimum of 15 % throughout the Concession Period, apart from 1 % for LADF. ii. Terminal value to be paid to the IPP at the time of transfer of the project to the State, which shall be not more than 10% of the estimated cost of the project indicated in the bidding document. 16. In respect of the projects advertised herein, J&K shall procure 30% power at the tariff determined by the Regulator, over and above the amount of free power. In respect of the balance power, J&K shall have first right of refusal. The IPP shall after allowing for J&K s share of power including free power and seeking permission from J&K, be free to sell the balance 5
power as it deems fit, within or outside the State. In case of sale to the State, its supply shall be metered at the interconnection point. 17. The Capacity of the Project indicated in this tender notice is based on pre-feasibility studies/report. In case the capacity is revised on framing of DPR and accord of TEC by JKSPDC, the upfront premium to be paid by IPP shall be as per the revised capacity. Further, all percentages (Free power, LADF, power procured by J&K etc.) shall be as per the revised capacity and not the capacity indicated in this tender notice/pfr. 18. Projects awarded under this policy shall be exempted from water usage charges imposed under the J&K Water Resource Regulation and Management Act 2010 for the first 10 years of operation reckoned from Scheduled Commercial Operation Date. Other incentives shall be as per the Policy. 19. Bidders shall submit their response as per schedule in three copies( 01 Original + One hard copy + 01 soft copy in the form of CD) complete in all respects alongwith supporting documents in support of their capabilities. Incomplete bids shall be summarily rejected. Bid submission method is elucidated in the detailed bid document. Bid shall be submitted by or before 1400 Hrs, in Corporate Office, Camp Jammu, Ashok Nagar Satwari Jammu-180004. 20. With regard to other aspects, stipulations of the J&K hydroelectric projects development policy 2011 notified vide Govt. order No. 205-PDD of 2011 dated 7 July 2011 shall be applicable. In case of any clarification provision of policy shall prevail. 21. JKSPDC reserves the right to accept, revoke or reject any tender, and to annul the bidding process and reject all bids, at any time prior to allotment of Project. In the event of cancellation/ revocation/ withdrawals etc. the bidder shall not claim any right/claim or any amount (Except the refund of amount of EMD, if any deposited) for any reason whatsoever from JKSPDC or the State. No right or claim shall be deemed to have been accrued in favour of a successful bidder. 22. JKSPDC reserves its right to cancel the allotment of Project even after issuance of Letter of Allotment if it comes to its notice the allotment was obtained by some misrepresentation / suppression/ concoction of facts/profile etc. and also for the reason that the execution/continuation by the IPP is not in the interest of State and the Public. 6
23. The successful Bidder should not assume that his bid shall automatically be accepted. Prior to the expiry of the period of bid process prescribed by Owner in the bid document including extensions if any, the Owner will notify the successful bidder by telegram or telefax, to be confirmed in writing by registered letter, that his bid has been accepted. No correspondence will be entertained from the unsuccessful bidders. 24. IPP will be responsible for doing all confirmatory survey and investigation including site access, etc at its own cost leading to preparation of DPR. 25. The onus of obtaining all statutory and non-statutory clearances will lie on the IPP. JKSPDCL shall facilitate the process. In respect of clearance from Indus Water Treaty angle, JKSPDCL shall provide necessary support to the IPP. 26. The IPP shall be responsible for ensuring submission of documents complete in all respects to concerned authorities. Failure to do so within the stipulated time frame shall be treated as non-compliance of the policy and implementation agreement. 27. IPP shall be responsible for all the R&R activities, including cost of implementation plan, as approved by GoJK. 28. The applicant /IPP shall be responsible for carrying out due diligence with regard to his compliance responsibilities under various applicable Central/State/other laws, rules and regulations and ensure compliance with the same. 29. Mere issuance of bidding document to any bidder shall not construe that such bidder is considered to be qualified. Bidders in their own interest are advised to ascertain meeting the qualification criteria before purchasing the tender document. 30. JKSPDC reserves the right to accept/reject any or all responses without assigning any reason thereof. 31. Schedule of events shall be as follows:- Date Time Event Venue/Remarks 07 February 2013 Issue of NIT - 07 February 2013 Between 1200 to 1600 Hrs Commencement of sale of RfP document. Corporate Office Camp Jammu,Ashok Nagar Satwari Jammu 15 th February 2013 - Amendments to RFP& By Email & on website 7
Date Time Event Venue/Remarks 28 th February 2013 Up to 1400 Hrs 28 th February 2013 At 1500 Hrs RFP Project Documents, If any Submission of Bids Opening of Non- Financial Bids Corporate Office Camp Jammu,Ashok Nagar Satwari Jammu Corporate Office Camp Jammu,Ashok Nagar Satwari Jammu JKSPDC can modify the above dates which shall be duly advertised on website www.jkspdc.nic.in. The email for correspondence shall be jkspdcl@gmail.com.the date of opening of financial bids shall be intimated separately. Issued on behalf of the Government of Jammu & Kashmir Sd/= Managing Director Jammu & Kashmir State Power Development Corporation Limited No: JKSPDC/Tech/P-202/7426-42 Dated:-07-02-2013 Copy to:- 1. Principal Secretary to Government Power Development Department Civil Secretariat Srinagar. 2. Executive Director, JKSPDC. 3. Director Finance, JKSPDC. 4. All Chief Engineers of JKSPDC. 5. All CPEs of JKSPDC/SGM Corporate Office. 6. Director Information, Srinagar. 7. Director NIC for uploading of the tender notice on www.jkspdc.nic.in. 8. SGM (Electric), JKSPDC. 9. SGM (Legal), JKSPDC 10. Company Secretary, JKSPDC. 11. GM Accounts Corporate Office Srinagar/Jammu. 12. All DGMs of Corporate Office. Copy also to:- 1. Consultant (Tech, Electrical), JKSPDC. 2. Consultant (HR),JKSPDC. 3. Consultant Legal, JKSPDC. Sd/= (Iftikhar Ahmad Kakroo) Deputy General Manager 8