RfQ - Ministry of Power

Standard RfQ for long term power procurement from UMPPs 

Name of the Procurer(s)/ /Authorised Representative 

Standard Bid Documents 

Name of the Procurer(s) / Authorised Representative 1 

for 

Tariff Based Bidding Process for Procurement of Power on Long-Term Basis 

from UMPPs 

(As per Guidelines for Determination of Tariff by Bidding Process for 

Procurement of Power by Distribution Licensees) 

1. Vol. I Request for Qualification (RfQ) 

2. Vol. II Request for Proposal (RfP) 

3. Vol. III Power Purchase Agreement (PPA) 

Issued by 

Procurer(s) /Authorised Representative 

Address and contact details (Phone, fax, E-mail ID) 

February 14, 2012 

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Specified Location (and/or operating on 

Specified Fuel) 


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Name of the Procurer(s) / Authorised Representative 

Standard RfQ for long term power procurement from UMPPs 

Name of Procurer(s)/ Authorised Representative 

Vol. I 

Request for Qualification 

for 

Tariff Based Bidding Process for Procurement of Power on Long-Term Basis 

from UMPPs 

(As per Guidelines for Determination of Tariff by Bidding Process for 

Procurement of Power by Distribution Licensees) 

Long Term Procurement 

Issued by 

Procurer(s)/ Authorised Representative 

Address and contact details (Phone, fax, E-mail ID) 

Name and address of Procurer(s)/Authorised Representative 

Request for Qualification (RfQ) for supply of power to [Name of the Procurer(s)] in the State(s) 

of [name of State(s) in India]. 

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Specified Location (and/or operating on 

Specified Fuel) 

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This RfQ along with Annexure as per Index is issued to - 

M/s. 

NOTES: 

Place: 

Date: 

1. This RfQ is not transferable. 

2. Though adequate care has been taken while preparing this RfQ , the Bidder shall satisfy 

itself that this RfQ is complete in all respects. Intimation of any discrepancy shall be 

given to this office immediately. If no such intimation is received from any Bidder within 

10 (ten) days from the date of issuance of this RfQ , it shall be considered that this RfQ is 

complete in all respects. 

3. The Procurer(s)/Authorised Representative may modify, amend or supplement this RfQ 

including the PPA in accordance with the Guidelines for Determination of Tariff by 

Bidding Process for Procurement of Power by Distribution Licensees dated 19 January, 

2005 issued by Ministry of Power, as amended from time to time, after obtaining 

approval of the Appropriate Commission, if such approval is required in terms thereof. . 

4. While this RfQ has been prepared in good faith, neither the Procurer(s)/Authorised 

Representative, nor their respective employees or advisors make any representation or 

warranty, express or implied, or accept any responsibility or liability, whatsoever, in 

respect of any statements or omissions in this RfQ, or the accuracy, completeness or 

reliability of information, and shall incur no liability under any law, statute, rules or 

regulations as to the accuracy, reliability or completeness of this RfQ, even if any loss or 

damage is caused by any act or omission on their part. 

Signature: 

Name, address and contact details of the Authorised Person 

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REQUEST FOR QUALIFICATION (RfQ) NOTIFICATION 

Name of the Procurer(s)/Authorised Representative 1 

Invitation for supply of power on long-term basis. 

Name of Procurer(s)/ Authorised Representative for and on behalf of the Procurer(s) invites Responses to RfQ to 

supply x 2 MW of power at the generator switchyard bus-bar 3 for the Procurer(s) in the state(s) [Name of State(s)] in 

India The Bidder can submit Response to RfQfor a capacity within a range 4 of 0.9 [x] MW to 1.1 [x] MW. The 

Bidder must have adequate technical experience and financial credential 5 , as specified in the RfQ, to supply the 

power. 

Tasks Completed 6 : The Procurer(s)/ /Authorised Representative has started development of the Project at [location] 

and has completed the following task(s): (To be filled as per the Bidding Guidelines) 

Incorporation of SPV: The Procurer(s) have incorporated [insert name of the SPV], as a special purpose vehicle, 

under the provisions of the Companies Act, 1956, having its registered office at [insert registered office]. 

Project Site: The Project Site shall be acquired in the name of the SPV, the estimated price for which shall be 

indicated in the RfP and shall be paid by the Successful Bidder in terms of the RfP, at the time of execution of the 

Agreement 8 

[and the same Site along with all the assets built as part of the Project will be transferred back to the Procurer in 

whose state the Project is located at the end of the Term of the PPA. The Bidder as part of the Response to RfQ, 

1 

In case the bid process is carried out by the Authorised Representative, the same shall be suitably substituted in 

the RfQ and RfP 

2 

Net capacity at the generation switchyard. 

3 Or any other delivery point mentioned in RfP. 

4 The range of 0.9 [X] MW to 1.1 [X] MW is the upper limit. The Procurers may specify a lower range. The range 

has been provided to ensure that bidders can optimize costs by considering various machine configurations. The 

same may be modified by the Procurer(s) for valid reasons. 

5 The Procurer(s) needs to specify these criteria in accordance with the principles defined in the RfQ document. 

6 This list should be according to the Bidding Guidelines 

8 Note: Agreement shall mean PPA in case the PPA is to be executed after the submission of Bids. In case PPA is 

being executed prior to the submission of Bid, which shall be mandatory in the case of UMPPs, Agreement shall 

mean Share Purchase Agreement and consequential changes shall be made in the RfQ at appropriate places. 

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Successful Bidder at a price to be 

indicated in the RfP to implement the 

Project after signing 

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shall submit the Terminal Price for transferring the Project Site along with the assets built as part of the Project, back 

to the Procurer(s) in whose state the Project is located/ at the end of the Term of the PPA]. 9 

Commencement of supply: The Seller shall have to commence supply by aa 10 months from the signing of the 

Agreement.. 

Clearances, consents and permits 11 : The Seller shall be responsible for obtaining all the necessary clearances 

consents and permits required for the completion and the operation of the Project during the Term of the PPA, other 

than what is relevant to the task completed/to be completed by the Procurer(s)/ Authorised Representative (as listed 

above) 

Purchase of power: Procurer(s) shall retain dispatch rights on the Contracted Capacity of the Power Station, which 

has been allocated to it. The Term of the PPA shall be of z 12 years. 

Tariff: The tariff shall be payable in Indian Rupees. Bidders shall quote the tariff as per the pre-specified structure, 

which will be mentioned in Request for Proposal. 

RfQ: Interested parties can collect the RfQ containing the Model PPA proposed to be entered into with the Seller , 

along with the detailed information required to be submitted by the bidder, in person against a non-refundable 

payment of Rs. xy 13 in the form of a demand draft in favor of “Name of the Procurer /Authorised Representative”. 

The draft should be submitted at the (address) and the RfQ can be collected upon such submission. The RfQ will be 

available for sale on all working days between 10.00 hrs and 16.30 hrs 14 for the period of (dates to be filled up). The 

RfQ can also be downloaded from [insert address] and in such a case the Bidder shall submit the demand draft along 

with the submission of the Response to the RfQ. Any correspondence/query should be forwarded to the above 

address. The timetable 15 for the Bid Process is as follows: 

(To be filled as per the Bidding Guidelines) 

If the last date of submission of the Response to the RfQis declared a public holiday, the deadline for the submission 

of the Response to the RfQ will be the next working day. 

The RfQ is not transferable. 

Name, Address and Contact details (Phone, fax, E-mail ID) of the 

Authorised Person of the Procurer(s)/Authorised Representative 

9 The despcription in brackets is applicable in case of hydro plants. 

10 Needs to be decided by the Procurer(s) and it shall ordinarily be not less than 48 months. 

11 The responsibility of obtaining clearances for transmission network and evacuation of power can be either of 

Procurer(s) or the Seller and the same shall be mentioned clearly by the Procurer(s) in theRequest for Proposal. 

12 The PPA Term will be decided by each Procurer(s) and it should generally coincide with the expected operating 

life of the Project. The expected operating life of the Project is estimated to be 15 years for gas/liquid fuel based 

projects, 25 years for coal based projects and 35 years for hydro projects from the date of commissioning of last Unit 

of the Project 

13 To be decided by the Procurer/ mutually by each of the Procurers at the time of issuance of the RfQ. 

14 Procurer(s) may like to put its own time frame at the time of issuance of the RfQ . 

15 It is a tentative timetable which needs to be finalized by the Procurer(s) or their Authorised Representative as per 

para 5.18 of the Bidding Guidelines. 

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Table of Contents 

1. INTRODUCTION........................................................................................................... 37 

2. INFORMATION AND INSTRUCTION TO BIDDERS .......................................... 312 

3. EVALUATION CRITERIA ........................................................................................ 320 

4. FORMATS OF RESPONSE TO RfQ......................................................................... 322 

5. CHECKLIST FOR BIDDERS .................................................................................... 323 

ANNEXURE 1 INFORMATION ON THE PROCURER(S) .............................................................. 24 

ANNEXURE 2 FORMAT OF THE LETTER OF AUTHORISATION TO BE PROVIDED 

BY THE PROCURER(S) ............................................................................................................. 26 

ANNEXURE 3 LETTER OF CONSENT............................................................................................... 30 

ANNEXURE 4 EXECUTIVE SUMMARY............................................................................................ 31 

ANNEXURE 5 FORMATION OF COVERING LETTER ................................................................. 33 

ANNEXURE 6 MODEL PPA .................................................................................................................. 35 

ANNEXURE 7 CONSORTIUM AGREEMENT AMONG CONSORTIUM MEMBERS.............. 36 

ANNEXURE 8 POWER OF ATTORNEY FOR SIGNING RESPONSE TO RFQ ......................... 41 

ANNEXURE 9 FORMATS FOR TECHNICAL AND FINANCIAL REQUIREMENTS .............. 42 

ANNEXURE 10 ILLUSTRATION OF AFFILIATES .......................................................................... 61 

ANNEXURE 11 FORMAT OF DISCLOSURE ..................................................................................... 66 

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AGREEMENT AMONG THE 

PROCURERS 


AGREEMENT 

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1. INTRODUCTION 

1.1 . The Authorised Representative, on behalf of [Insert names of Procurer(s)]/ Name of the 

Procurer(s), being Distribution Licencee(s) under the Act,(hereinafter to be referred as 

the “Procurer(s)”, (which expression shall also include the successors and Permitted 

assigns of the Procurer(s)), acting through the [Name of the officer, Address], being the 

Authorised Person, invites Response to RfQ for purchase of power on a long-term basis 

1.2 Definitions 

Following capitalized terms used in this RfQ, shall have the meaning given hereunder: 

“Affiliate” shall mean a company that, directly or indirectly, 

(i) controls, or 

(ii) is controlled by, or 

(iii) is under common control with 

a Bidding Company (in case of a single company) or a Member in a Bidding 

Consortium (in the case of a Consortium) and control means ownership by one 

company of more than 50% (fifty percent) of the voting rights of the other 

company. As an illustration a chart is annexed hereto as Annexure 10. Further, an 

illustrative chart depicting the manner of calculation of “direct and indirect 

holding” is annexed hereto as Annexure 10A ; 

“Authorised Representative” shall mean [Insert Name of the entity ]; the body 

corporate authorized by the Procurer(s) to carry out the Bid Process for the selection of 

the Successful Bidder, on their behalf. 

(insert if applicable, else delete this definition). 

“Authorised Person” shall mean the person designated by the Procurer(s), or the 

Authorised Representative to represent the Procurer(s)/ Authorised Representative, in its 

dealings with the Bidder as well as with the participating Procurer(s). The Authorised 

Person shall be authorised to perform all tasks such as providing information, responding 

to enquiries, issuing clarifications, calling pre-bid conference, issue advertisements for 

RfQ and RfP, coordination with the participating Procurer(s) etc. 

“Authorised Signatory” shall mean the person authorized by the Bidder vide the power 

of attorney, provided by the Bidding Company/Lead Member, in the format as set forth in 

Annexure 8. 

“Bid” shall mean the financial and non financial bid to be submitted by the Bidders in 

terms of the RfP. 

Deleted: Name of the Distribution 

Licensee/Procurer (hereinafter to be 

referred as the “Procurer” or “Authorised 

Representative or the Special Purpose 

Vehicle (SPVwishes to invite Bids for 

purchase of power on a long-term basis 


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submitted by the Bidders in accordance 

with the terms and conditions of this RfQ. 

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“Bidder” shall mean the Bidding Company or Bidding Consortium as the context may 

require. 

“Bidding Company” shall mean the reference to the single company (including its 

successors and legal assigns subject to fulfillment of the conditions set forth in the RfQ) 

if the Response to RfQ has been made by a single company. 

“Bidding Consortium” or “Consortium” shall mean the reference to the group of 

companies, each being a Member (including successors and legal assigns of the 

Members subject to fulfillment of conditions given in the RfQ), if the Response to RfQ 

has been made jointly by more than one company. The number of members in a 

Consortium shall not exceed 6 (six), but information sought in this RfQ in relation to 

qualification criteria is restricted to 4 (four) members in the order of their equity 

contribution. 16 

“Bid Deadline” shall mean the last date and time for the submission of the Bid, in 

accordance with the terms and conditions of the RfP. 

“Bid Process” or “Bidding Process” shall mean and include various activities 

undertaken, in relation to the bidding process starting from the publications of RfQ till 

transfer of SPV to the Selected Bidder, in accordance with the Guidelines. 

“Bidding Guidelines” shall mean ‘Guidelines for Determination of Tarriff by Bidding 

Process for Procurement of Power by Distribution Licencees’, issued by the Ministry of 

Power, Government of India, under the Electricity Act, 2003 on January 19, 2005 and as 

amended from time to time till the Bid Deadline. 

“Change in Ownership” shall mean change of ownership, by way of merger/ 

acquisition/ amalgamation/ reorganisation/ consolidation/ demerger, of the 

Bidder/Member and/or change in ownership by way of merger/ acquisition/ 

amalgamation/ reorganisation/ consolidation/ demerger of the Affiliate/Parent of the 

Bidder/Member (including Lead Member) whose technical and/or financial qualifications 

have been relied upon by the Bidder, in terms hereof, in its Response to RfQ. 

16 In the event the shareholding of two members having lowest shareholding is same, in such case the Bidder may 

chose to utilize the credentials of either of such two members, such that the total no. of members whose credentials 

are utilized is restricted to 4. 

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acquisition/ amalgamation/ 

reorganisation/ consolidation/ demerger

“Company Secretary” shall have the meaning ascribed to such term in the Company 

Secretaries Act, 1980 or a person with equivalent position in case of the Bidder being a 

company incorporated outside India [Note: in case the Bidder is a company incorporated 

outside India, the relevant Company Secretary shall furnish an affidavit certifying its 

standing as a company secretary in the jurisdiction of the said Bidder].“Conflict of 

Interest” A Bidder shall be deemed to be in Conflict of Interest affecting the Bid Process 

if the Bidder, its Member or its Parent/ Affiliate (or any constituent thereof) and any other 

Bidder, its Member or any Parent/ Affiliate thereof (or any constituent thereof) have 

common controlling shareholders or other ownership interests: provided that this 

disqualification shall not apply in cases where the direct or indirect shareholding of a 

Bidder, its Member or Parent/ Affiliate thereof (or any shareholder thereof having a 

shareholding of more than 5% of the paid up and subscribed share capital of such Bidder, 

Member or Parent/ Affiliate, as the case may be) in the other Bidder, its Member or 

Parent/ Affiliate is less than 5% of the subscribed and paid up share capital thereof; 

provided further that this disqualification shall not apply to any ownership by a bank 

(including scheduled, non-scheduled and foreign banks), insurance company, pension 

fund, mutual fund or a public financial institution referred to in section 4A of the 

Companies Act, 1956. 

For the aforesaid purposes, indirect shareholding held through one or more intermediate 

persons shall be computed as follows: (aa) where any intermediary is controlled by a 

person through management control or otherwise, the entire shareholding held by such 

controlled intermediary in any other person (the “Subject Person”) shall be taken into 

account for computing the shareholding of such controlling person in the Subject Person; 

and (bb) subject always to sub-clause (aa) above, where a person does not exercise 

control over an intermediary, which has shareholding in the Subject Person, the 

computation of indirect shareholding of such person in the Subject Person shall be 

undertaken on a proportionate basis; provided, however, that no such shareholding shall 

be reckoned under this sub-clause (bb) if the shareholding of such person in the 

intermediary is less than 26% of the subscribed and paid up equity shareholding of such 

intermediary; or (ii) a constituent of such Bidder is also a constituent of another Bidder; 

or (iii) such Bidder, or any Parent/ Affiliate thereof receives or has received any direct or 

indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder, or 

any Parent/ Affiliate thereof or has provided any such subsidy, grant, concessional loan 

or subordinated debt to any other Bidder, its Member or any Parent/ Affiliate thereof; or 

(iv) such Bidder has the same legal representative for purposes of this RfQ as any other 

Bidder; or (v) such Bidder, or any Parent/ Affiliate thereof has a relationship with another 

Bidder, or any Parent/ Affiliate thereof, directly or through common third party/ parties, 

that puts either or both of them in a position to have access to each others’ information 

about, or to influence the Response to RfQ of either or each other; 

“Consortium Agreement” shall mean the agreement entered into by and between all the 

Members, in the form attached as Annexure 7 hereto. 

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of interest with one or more Bidders in 

the same bidding process if they have a 

relationship with each other, directly or 

through a common entity, that puts them 

in a position to have access to 

information about or influence the 

Response to RfQ Bid of another Bidder. 

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“Core Sectors” shall mean power, telecom, ports, airports, railways, metro rail, industrial 

parks/ estates, logistic parks, pipelines, irrigation, water supply, sewerage and real estate 

development sectors 

“Director” shall mean a director as appointed under the Companies Act, 1956 or the 

relevant statute in the case of a Bidder being a company incorporated outside India [Note: 

in case the Bidder is a company incorporated outside India, the relevant Director shall 

furnish an affidavit certifying its standing as a director in the jurisdiction of the said 

Bidder] 

“Group Company” of a company means (i) a company which, directly or indirectly, holds 

10% (ten percent) or more of the share capital of the company or (ii) a company in which 

the company, directly or indirectly, holds 10% (ten percent) or more of the share capital of 

such company or (iii) a company in which the company, directly or indirectly, has the power 

to direct or cause to be directed the management and policies of such company whether 

through the ownership of securities or agreement or any other arrangement or otherwise or 

(iv) a company which, directly or indirectly, has the power to direct or cause to be directed 

the management and policies of the Company whether through the ownership of securities 

or agreement or any other arrangement or otherwise or (v) a company which is under 

common control with the company, and control means ownership by one company of atleast 

10% (ten percent) of the share capital of the other company or power to direct or cause to be 

directed the management and policies of such company whether through the ownership of 

securities or agreement or any other arrangement or otherwise. 

Provided that a financial institution, scheduled bank, foreign institutional investor, non 

banking financial company, and any mutual fund shall not be deemed to be Group 

Company, and its shareholding and the power to direct or cause to be directed the 

management and policies of a company shall not be considered for the purposes of this 

definition unless it is the Bidding Company or a Member of the Bidding Consortium. 

“Lead Member of the Bidding Consortium” or “Lead Member” shall mean the 

Member authorised to act as the “lead” under the Consortium Agreement and who shall 

fulfill the following obligations: 

(i) commit at least 26% (twenty six percent) equity stake in the Bidding Consortium and 

(ii) meet the technical requirement as per Clause 2.1.4 hereunder. 

“Letter of Intent” or “LOI” shall mean the letter issued by the Procurer(s)/Authorised 

Representative to the Bidder who has been selected pursuant to the RfP, for award of the 

Project. 


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Member, who 

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after the Commercial Operation Date 

(COD) of the Power Station. 

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the Procurer designated by the Procurers 

to undertake the purchase of power on 

their behalf. 

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“Member in a Bidding Consortium” or “Member” shall mean each company in a 

Bidding Consortium. 

“Parent” shall mean a company which holds more than 50% (fifty percent) voting 

equity either directly or indirectly in the Bidding Company or in the Member. 

“Request for Qualification (RfQ)” shall mean this Request for Qualification including 

the Annexures hereof issued by [Insert name of Procurer(s)/Authorised Representative] 

on [insert date] for Tariff Based Bidding Process for Procurement of Power on Long- 

Term Basis from the Power Station to be setup at [Specify location], based on [Specify 

fuel] and shall include any modifications, amendments or alterations or clarifications 

thereto; 

“Request for Proposal (RfP)” shall mean the Request for Proposal along with all 

schedules and Annexures which shall be provided to the Bidders qualified on the basis of 

their Response to RfQ. 

“Response to RfQ” shall mean the response submitted by the Bidders in accordance 

with the terms and conditions of this RfQ; 

“Statutory Auditor” shall mean the auditor appointed under the provisions of the 

Companies Act, 1956 or under the provisions of any other applicable governing law.; 

“SPV” 17 shall mean [insert name of Authorised Representative] a company established 

under the Indian laws, being a wholly owned subsidiary of [insert applicable name of 

entity], to carry out the Bid Process in accordance with the Bidding Guidelines till 

acquisition of its 100% equity shareholding by the Successful Bidder in terms of the 

Share Purchase Agreement. 

OR 

“SPV” shall mean [insert name of entiity] a company established under the Indian laws, 

being a wholly owned subsidiary of [insert applicable name of entity], 100% 

shareholding of which shall be acquired by the Successful Bidder in terms of the Share 

Purchase Agreement. 

17 

Insert the first defintion if the SPV is the Authorised Representative. Insert alternate defintion if SPV is not the 

Authorised Representative. 

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shall act as the Authorised Representative 

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preferable way of purchase of power on 

long term. However, creation of SPV 

would be at the discretion of the 

Procurer(s)Distribution Licensees

“Successful Bidder” shall mean the Bidder selected pursuant to the RfP to whom the 

Letter of Intent has been issued. 

“Ultimate Parent” shall mean a company which owns at least twenty six percent (26%) 

equity either directly or indirectly in the Parent and Affiliates. 

“UMPP” shall mean an ultra mega power project based on super critical coal thermal 

technology, taken up under Government of India’s initiative, with installed capacity of 

3960 MW or above or such other capacity as may be stipulated by the Central 

Government, from which power procurement has been tied up through tariff based 

competitive bidding by procurers in more than one State/Union Territory. 

Note: Any capitalised term, used but not defined in this RfQ, shall have the meaning 

ascribed to such term in the PPA, or the Bidding Guidelines, in that order. In the absence 

of availability of definitions in the foregoing references, the capitalised term shall be 

interpreted in accordance with the Electricity Act 2003, the regulations issued from time 

to time, by the Central Electricity Regulatory Commission in relation to the terms and 

conditions of tariff, as amended or revised from time to time,, Grid Code or any other 

relevant electricity law, rule or regulation prevalent in India, in that order. 

1.3 The objective of this Bidding Process is to identify the Successful Bidder who shall 

purchase the entire shareholding of the [Insert the name of the SPV] from [Insert the 

name of the seller of the shares of the SPV] in accordance with the Share Purchase 

Agreement for the development of the Project as per the terms of the PPAs. The Project 

will have a Contracted Capacity of minimum of A MW and maximum B MW in 

accordance with the terms of the PPA which shall be supplied by the Seller for a period 

of z 18 years. This range has been arrived at by taking the gross capacity of the Power 

Station as [ ] MW. As per the Bidding Guidelines, the Seller shall enter into the Power 

Purchase Agreement (PPA) as detailed out in the Model PPA forming part of this RfQ. 

Further any update/amendment/supplementary, if any, details about the Bidding Process, 

the Project and the PPA shall be provided in the RfP in accordance with the Bidding 

Guidelines, after obtaining approval of the Appropriate Commission, if such approval is 

required under law.. 

1.4 Details of the Procurer(s) regarding following information is enclosed separately as 

Annexure-1 

Last three years of the available audited accounts 

Last three years aggregate technical and commercial losses 

18 This should be greater than a period of seven (7) years. It is advisable that the time frame for the procurement of 

power coincides with the operating life of the Project . The expected operating life of the Project is estimated to be 

15 years for gas/liquid fuel based projects, 25 years for coal based projects and 35 years for hydro projects from the 

date of commissioning of last unit of the project. 


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of Tariff) Regulations 2004 

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Deleted: Bidder 

Deleted: a 

Deleted: b 

Deleted: p 


Deleted: 

Deleted: containing 

Deleted: The PPA Term will be 

decided by the Procurer. 

Deleted: to go for PPA term 

Deleted: coinciding 

Deleted: project 

Deleted: project

Details regarding existing tariff structure, consumer base etc 

Business forecast 19 

1.5 A letter of authorisation by the Procurer(s) 20 in favour of the Authorised Representative 

is enclosed as Annexure-2 or in a format provided by the Procurer(s).. 

1.6 Accordingly, the Procurer(s)/Authorised Representative seeks to select a competent, 

experienced and capable Bidder who has the necessary technical competence, experience 

and financial strength for supply of power to the Procurer(s) on a long-term basis. The 

Procurer(s)/ Authorised Representative accordingly invites Response to RfQ for the 

supply of power on a long term basis from Bidders. 

1.7 The Procurer(s)/ Authorised Representative has commenced development of the Project 

at [location] 21 and has completed the following: 22 (To be filled as per the Bidding 

Guidelines). 

1.8 The Site shall be acquired in the name of the SPV, the estimated price for which shall be 

indicated in the RfP and shall be paid by the Successful Bidder in terms of the RfP, at the 

time of execution of the Agreement. . 

[The Site along with all the assets built as part of the Project will be transferred back to 

the Procurer in whose state the Project is located at the end of the Term of PPA. The 

Bidder as part of the Bid should submit the Terminal Price for transferring the Site along 

with all the assets built as part of the Project back to the said Procurer at the end of the 

Term of the PPA]. 23 

1.9 All Bidders are required to submit information in accordance with the instructions set 

forth in this RfQ. Bidders shall provide information sought herein in order to 

satisfactorily establish their qualification, competence and suitability for executing the 

Project. 

1.10 The contracted power shall be sold only to the Procurer(s) as per the terms and conditions 

of the Power Purchase Agreement. The Model PPA is attached hereto in Annexure 6. 

The Model PPA may be modified in accordance with the Bidding Guidelines. The 

Procurer(s) shall retain dispatch rights over the Contracted Capacity/Allocated 

19 This information may be submitted at the RfP stage at the discretion of the Procurer. 

20 In the event of a single Procurer carrying on the bid process on its own, there is no need for such letter of 

authorization. 

21 Procurer(s) may provide other relevant details of the proposed Project in this Clause. 

22 This list should be according to the Bidding Guidelines. 

23 The description in bracket is applicable in case of Hydro plants. 

Formatted: No bullets or 

numbering 

Deleted: duly signed copy of the Joint 

Deed Agreement 

Deleted: among the participating 

Procurers, 

Deleted: clearly indicating the 

responsibilities of Procurer in the 

bidding process, 

Deleted: from all the Procurers stating 

that the entire RfQ document has been 

reviewed and each key element of the 

RfQ document is agreed to is also 

enclosed in the Annexure- 3 

Deleted: party 

Deleted: or a consortium of parties 

Deleted: Bids 

Deleted: 

Deleted: companies either as sole 

Bidder or in the form of a Consortium for 

supply of power. 

Deleted: started 

Deleted: The Procurer/Authorised 

Representative will transfer the Project 

site to the Successful Bidder at a price to 

be indicated in RfP 

Deleted: to implement the Project after 

signing of 

Deleted: Agreement 

Deleted: same 

Deleted: s 

Deleted: t 

Deleted: terminal value 

Deleted: assets 

Deleted: t 

Formatted: No underline 

Deleted: should 

Deleted: (“PPA”) 

Deleted: Such 

Deleted: would 

Deleted: of Distribution Licensees 

appointing appoint a body corporate as 

their Authorised Representative, it/they 

shall issue an irrevocable 

Deleted: , instead of a Joint Deed 

Agreement, to the Authorised 

Representative to carry out the whole bid 

process on their behalf 

Deleted: p 

Deleted: clause

Contracted Capacity, as the case may be, of the Power Station, during the Term of the 

PPA, which has been allocated to it . 

1.11 The Response to RfQ shall be valid for not less than one hundred and eighty (180) days 

from the last date of submission of the Response to RfQ. 

1.12 The Project shall be based on [insert type of fuel] 24 and the procurement of the fuel is 

detailed below: 

(i) Procurer(s) have obtained fuel linkage. (Procurer(s) to provide details of fuel linkage); or 

Procurer(s) have obtained allocation of the following coal mine(s) [Provide details] or 

(ii)Bidder has to arrange the necessary fuel and shall submit a letter in the format as attached 

hereto as Annexure 13 from a fuel supplier for fuel linkage for the entire Term of the PPA at the 

time of submission of the Bid. (applicable for fuel other than imported coal); or 

Bidder shall be responsible to make arrangement for the necessary quality and quantity of coal 

required for the Term of the PPA (applicable for projects where imported coal is mandatory). 

[insert if applicable] 

24 Procurer(s) to specify type of fuel and to choose appropriate alternative. 

Deleted: generating station 

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Deleted: Bids to RfQ 

Deleted: Bid 


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color: Black, Not Highlight 

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RfP. 

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2. INFORMATION AND INSTRUCTION TO BIDDERS 

2.1 Qualifying Criteria 

2.1.1 Omitted. 

2.1.2 Bidders should have the technical credential and the financial credential to execute the 

Project as specified in this RfQ. In the case of a Bidding Consortium, the technical 

requirements shall be satisfied by the Lead Member. 

2.1.3 The Bidder shallfulfill the following minimum financial criteria: 

ii. Networth: Rs. 2.5 Crore or equivalent US$ per MW 23 of the maximum capacity 

specified by the Procurer(s)/ Authorised Representative, if the maximum capacity 

specified by the Procurer(s)/ Authorised Representative does not exceed 2000 MW. 

In case the maximum capacity specified by the Procurer/ Authorised Representative 

exceeds 2000 MW, the Networth requirement shall be Rs. 5000 Crore or Rs. 1.25 

Crore per MW or equivalent US$ of the maximum capacity specified by the Procurer/ 

Authorised Representative, whichever is higher. The above computation shall be 

derived from any of the past three years audited annual accounts. 

iii. Annual Turnover: Rs. 1.20 Crore or equivalent US$ 23 per MW of the maximum capacity 

specified by the Procurer(s)/ Authorised Representative, if the maximum capacity specified 

by the Procurer(s)/ Authorised Representative does not exceed 2000 MW. In case the 

maximum capacity specified by the Bidder exceeds 2000 MW, the annual turnover 

requirement shall be Rs. 2400 Crore or Rs. 0.60 Crore or equivalent US$ 23 per MW of the 

maximum capacity specified by the Procurer(s)/ Authorised Representative, whichever is 

higher. The above computation shall be derived from any of the past three years’ audited 

annual accounts. 

Deleted: experience 



Deleted: met 

Deleted: must 

Deleted: 

Deleted: requirements 

Deleted: i. Internal Resource 

Generation: Rs. 0.30 Crore or equivalent 

US$ 25 per MW of the maximum capacity 

specified by the Procurer(s)/ Authorised 

Representative, computed as five times 

the maximum internal resources 

generated during any of the last five 

years’ business operations 


Deleted: 26 . 

Deleted: 0.50 


Deleted: 1 

Deleted: 0.25 

Formatted: Not Highlight

Above financial parameters shall be defined and computed in following manner by the 

Bidder: 

Networth 

Equity paid up share capital + (Reserves) – (Revaluation reserves) – (Intangible assets) – 

(Miscellaneous expenditures to the extent not written off and carry forward losses) 

Annual Turnover: Annual gross revenue earned by the Bidder 

2.1.4 The Bidder must fulfill the following minimum technical requirements The Bidder 

must have experience of developing projects in the Core Sectors and such experience must 

include projects developed in the immediately preceeding 10 (ten) years, whose aggregate capital 

costs are equal to or greater than the amount equivalent to Rs. 0.75 Crore or equivalent US$ 23 

per MW of the maximum capacity ( expected gross capacity of the power station ) as specified 

by the Procurer(s)/Authorised Representative. It is mandatory that for each of the project to be 

considered, the capital cost of each such project should be equivalent to or more than 0.025 Cr. 

or equivalent US$ per MW of the maximum capacity and out of the projects developed by the 

Bidder in the immediately preceeding 10 (ten) years, the capital cost of at least one of the 

projects should be equivalent to or greater than Rs. 0.125 Cr. or the equivalent US$ 23 per MW 

of the maximum capacity (expected gross capacity of the Power Station ) specified by the 

Procurer(s)/Authorised Representative. For this purpose, the capital expenditure incurred on 

projects that have been completed at least 7 (seven) days before the last date of submission of 

the Response to RfQ shall be considered. 

Projects so identified in the preceeding paragraph, must only include commissioned/completed 

projects in which the Bidding Company/Lead Member/Parent orAffiliate of the Bidding 

Company/Lead Member, as the case may be, has held an equity stake of not less than twenty six 

percent (26%) from the time of financial closure till the time of commissioning/completionof the 

respective projects. For the avoidance of any doubt, it is hereby clarified, that all such entities 

which have commissioned/completed such project(s) on their own balance sheet, from the time 

of financial closure till the time of commissioning/completion of the respective projects shall be 

construed to have developed the project(s) in terms of this Clause 2.1.4. 

2.1.5 For the purposes of ascertaining whether a Bidder fulfills the technical and financial 

criteria, only unconsolidated audited annual accounts shall be relied upon . However, 

Deleted: Internal Resources 

Generation 

 

= Profit After Tax (PAT) 

Add: Depreciation and amortization 

Add: Decrease in net current assets 

(excluding cash) 

Add: Any other non cash expenditure 

(including deferred tax) 

Subtract: Scheduled loan repayments 

and increase in net current assets 

(excluding cash) 

 

“Profit After Tax = [(Depreciation and 

amortization) + {Decrease in net current 

assets (excluding cash)} + {Any other 

non cash expenditure (including deferred 

tax)}] – {Scheduled loan repayments + 

increase in net current assets (excluding 

cash)} 

 

Provided, when that in the event an 

existing loan has been repaid through the 

proceeds of a new loan, then to the extent 

the proceeds of the new loan have been 

used to repay the existing loan, such 

repayment of the existing loan shall not 

be considered for the purposes of 

computation of the Internal Resource 

Generation. 27 

Formatted 

... [9] 

Deleted: = Equity paid up share 

capital 

... [10] 

Formatted: Tabs: 0.88", Left 

Formatted 





Formatted: Indent: Left: 0", First 

line: 0" 

Deleted: (not necessarily in the power 

sector) …last …must not be less… ... [12] 


Deleted: 

Formatted 

Deleted: Out of these 

projects…more…p…s…Bid 

Deleted: Developing project means 

successful commissioning of a project 


Deleted: Bidder…/ 


Deleted: … 

Deleted: …such 

Formatted 

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... [11] 

... [13] 

... [14] 

... [15] 

... [16] 

... [17] 

... [18]

audited consolidated annual accounts of the Bidder may be relied upon for the purpose of 

ascertaining the financial criteria of the Bidder, provided the Bidder owns at least twenty 

six percent (26%) of the equity in each company whose accounts are merged in the 

audited consolidated accounts and provided further that the financial credential of such 

companies (of which accounts are being merged in the consolidated accounts) shall not 

be considered again for the purpose of evaluation of the Response to RfQ. Bidders shall 

furnish documentary evidence duly certified by respective Managing Director/ Chief 

Executive Officer, being a full time director on the Board of the Company/manager 28 

and the Statutory Auditor in support of their financial credentialand technical experience 

as defined in Clauses 2.1.3 and 2.1.4 respectively. 

2.1.6 In case of a Consortium, for the purposes of considerations of financial and technical 

credentials, information with respect to a maximum 4 Members can be provided in the 

order of their equity contribution. 

2.1.7 If at any stage of the Bidding Process, any order / ruling is found to have been passed in 

the last five (5) years preceding the Bid Deadline by an Appropriate Commission or a 

Competent Court against any Bidder (including any Member of the Consortium) or its 

Parent/Affiliates for its material breach of any contract for supply of power having 

duration of contract in excess of one (1) year to any licensee in India, Bids from such 

Bidders shall be liable to be rejected. All Bidders shall confirm in accordance with 

Annexure 5A that no such order / ruling has been passed by an Appropriate Commission 

or a Competent Court against it or its Parent/Affiliates. Each Bidder shall also confirm 

that the bid security submitted by the Bidder or its Parent/Affiliates has not been forfeited 

either partly or wholly in any Bid Process under Case-1 or case -2 bidding procedure in 

the last five (5) years preceding the Bid Deadline. 

2.2 Purchase of power by the Procurer(s) 

The Procurer(s) intends to procure power to the extent of x MW. The power shall be 

delivered at the generator switchyard bus-bar 29 . The Normative Availability required to 

be met by the Seller shall be as per the ABT, as on the date being 30 (thirty) days prior to 

the Bid Deadline 30 . [The Minimum Off-take Guarantee should align with the Normative 

Availability .] 31 

28 The signature of the Manager of the Bidding Company/Lead Member to be supported with (i) copy of the Board 

Resolution attested by a Company Secretary that the concerned person is appointed as a Manager as defined in the 

Companies Act, 1956 and (ii) certificate by the Company Secretary that the Bidding Company/Lead Member does 

not have a Managing Director or a Chief Executive Officer. 

In case of the Bidding Company/Lead Member being a foreign company, the same shall be signed by a person of 

equivalent position duly supported by a Board Resolution. 

29 or any other point to be specified by the Procurer(s). 

30 Normative Availability shall be replaced with Normative index in case of hydro power plant. 

31 Insert portion in brackets if applicable. 

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Deleted: 


Deleted: clauses 

Formatted: Outline numbered + 

Level: 3 + Numbering Style: 1, 2, 3, 

… + Start at: 5 + Alignment: Left + 

Aligned at: 0" + Tab after: 0.5" + 

Indent at: 0.5" 





Deleted: 3 

Deleted: 2.2.1 

Deleted: plans 




Deleted: , over and above which 

incentives shall be paid, shall be 80% 

Deleted: should align to the Minimum 

Off-take Guarantee of the Procurer 




Deleted: r 


Deleted: To be decided by the Procurer 

in line with the contemporary regulatory 

norms.

2.3 Collection of the RfQ 

The Bidders may collect the RfQ in person against payment of Rs [ ]/ US$ 32 in the form 

of a demand draft in favour of “Name of the Procurer/Authorised Representative”. The 

demand draft should be submitted at the address of the Procurer’s/Authorised 

Representative’s office upon which the RfQ can be collected. The RfQ will be available for 

sale on all working days from _________ to _________ between 10.00 hrs and 16.30 hrs 33 . 

The RfQ can also be downloaded from [insert address]. In such a case the Bidder shall 

submit the demand draft along with the Response to RfQ. 

2.4 Information Required 

2.4.1 The information in the Response to RfQ shall be submitted by the Bidder in the form as 

set out in the Annexures attached hereto and as specified in Clause 4 (Formats) 

hereunder. 

2.4.2 Strict adherence to the formats wherever specifiedis required. Wherever information has 

been sought in specified formats, the Bidder shall refrain from referring to brochures/ 

pamphlets. Non-adherence to formats and/ or submission of incomplete information may 

be grounds for declaring the Response to RfQ non-responsive in terms of Clause 3.2. The 

required information submitted by the Bidder in the respective formats shall be duly 

signed and sealed by the Bidder. 

2.4.3 The Bidder should note that: 

(a) If the Bidder/Member in a Bidding Consortium conceals any material information or 

makes a wrong statement or misrepresents facts or makes a misleading statement in the Response 

to RfQ, in any manner whatsoever, in order to create circumstances for the acceptance of its 

Response to RfQ, detected at any stage of the Bidding Process, the Procurer(s)/Authorised 

Representative reserves the right to reject such Response to RfQ/Bid/cancel the LOI, as the case 

may be, and applicable consequences stipulated in the RfP shall follow. 

. 

(b) The Response to RfQ and the Bid submitted by the Bidder shall become the 

property of the Procurer(s)/Authorised Representative and the Procurer(s)/Authorised 

Representative shall have no obligation to return the same to the Bidder. 

2.5 Submission of Response to RfQ by the Bidder 

2.5.1 General Requirements of submission of the Response to RfQ: 

32 

To be decided by the Procurer. 

33 

Procurer may like to put its own time frame at the time of issuance of the RfQ. 


Deleted: can 


Deleted: D 



Deleted: D 

Deleted: D 

Deleted: Bid 

Deleted: Bid 

Deleted: will 

Deleted: as per the 

Deleted: to this document. The 

information to be submitted in the Bid is 

Deleted: of this document 

Deleted: , and 

Deleted: Bid 

Deleted: Each 

Deleted: has to 

Deleted: 

Deleted: Bid 

Deleted: Bid 

Deleted: Bid 

Deleted: Bid and/ or cancel the Letter 

of Intent and., if issued. Further, in case 

Letter of Intent is cancelled, 

consequences as per provisions of the 

RfP shall follow 


Deleted: Bid 





Deleted: 

Deleted: Bid 

Deleted: For Bid submitted by Bidding 

Company/Bidding Consortium: 

Deleted: document.

2.5.1.1 In the case of a Bidding Consortium, the Response to RfQ must state the name of the 

Lead Member. The Bidding Company/ the Lead Member mustdesignate one person to 

represent and commit the Bidding Company/ Consortium in its dealings with the 

Procurer(s)/ Authorised Representative. The person so authorized by the Bidding 

Company/Lead Member, being the Authorised Signatory, should be authorized to 

perform all tasks including, but not limited to, submission of the Response to RfQ, 

providing information, responding to inquiries , entering into contractual commitment(s) 

on behalf of the Bidding Company/ Consortium, etc. as per the format of the power of 

attorney enclosed as Annexure 8. 

2.5.1.2. The Bidder is required toprovide Board Resolutions committing 100% of the equity 

requirement as per the provisions provided in the RfP. The provisions regarding the 

period relating to equity lock-in the Seller to be complied with by the Bidder shall be as 

detailed more fully in the RfP 

2.5.1.3 The Bidder must furnish the relevant details of the financial and technical credentials to 

meet the qualifying criteria in accordance with Clauses 2.1.3 and 2.1.4 of the RfQ, in the 

formats provided in Annexure 9 hereto. 

2.5.1.4 The Lead Member of the Consortium shall under no circumstances be changed. 

Subject to the provisions as set forth in this Clause and Clause 2.5.1.5, in the event the 

Bidding Company intends to form a Consortium after submission of the RfQ, then the 

Bidding Company shall be the Lead Member of such Consortium and shall fulfill all the 

requirements of the RfQ, including the technical requirements. No change in composition 

of a Consortium or a change from Bidding Company to Consortium shall be permitted in 

the period between thirty days prior to the Bid Deadline and issuance of the Letter of 

Intent. Further, no Bidder shall be permitted to continue in the Bid Process if a Change 

in Ownership has occurred in the period between thirty days prior to Bid Deadline and 

issuance of Letter of Intent. Accordingly, no request for a proposed change in 

composition of a Consortium shall be entertained during this period and/ or no intimation 

of the Change in Ownership shall be evaluated by the Procurer(s)/Authorised 

Representativ during this period. Subject to the above and to the provisions of Clause 

2.5.1.6 any request for change in the membership of the Consortium or change from 

Bidding Company to Bidding Consortium may be considered only after (i) the Bidder is 

qualified under this RfQ and (ii) the Bidder makes prior written application to the 

Procurer(s)/Authorised Representative seeking its approval for such change. Till the 

Effective Date of the PPA, in the event of a Change in Ownership , the Bidding Company 

or Lead Member in case of a Consortium shall, notwithstanding anything contained in 

this Clause 2.5.1.4, intimate the Procurer(s)/Authorised Representative of such Change 

Ownership, within 7 (seven) days of such Change in Ownership, so as to seek the 

approval of the Procurer(s)/Authorised Representative to carry on in the Bidding Process 

notwithstanding the Change in Ownership. The Procurer(s)/ Authorised Representative 

reserve the right to not permit the Bidder to carry on in the Bidding Process and reject the 

Response to RfQ/Bid of such Bidder in the event of any (i) change in composition of a 

Consortium or (ii) change from Bidding Company to Bidding Consortium which has not 

been permitted by the Procurer(s)/Authorised Representative in accordance with this 

Clause 2.5.1.4 of the RfQ or (iii) Change in Ownership which has not been intimated to 

Deleted: Bid …mention …should … 

designated …enquiries… ... [19] 

Deleted: The Bidding 

Company/Bidding Consortium should 

submit a power of attorney, authorising 

the signatory of the Bid to commit the 

Bidder as per format provided in 

Annexure 8, along with submission of 

Bid…At the RfP sStage, …t…should 

required 

... [20] 

Deleted: requirements … clauses 

.…given 

... [21] 

Deleted: is… not allowed to …I…If ... [22] 

Formatted 

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being…making…application … 

Formatted 

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of such change within seven (7) days of 

such Change in Ownership 

Deleted: 

Formatted 

... [23] 

... [24] 

... [25] 

... [26] 

... [27] 

... [28]

the Procurer(s)/Authorised Representative or (iv) Change in Ownership which upon 

intimation has been evaluated by the Procurer(s)/Authorised Representative as not being 

qualified to continue in the Bidding Process in accordance with this Clause 2.5.1.4 

Any (i) change in the composition of the Consortium or, (ii) change from Bidding 

Company to Bidding Consortium or (iii) Bidder being permitted to carry on in the 

Bidding Process pursuant to a Change in Ownership may be permitted, provided the 

Procurer(s)/Authorised Representative is satisfied that the Bidder, after suchchange, is 

qualified and satisfies all conditions and provisions of the RfQ, including technical and 

financial requirements and also meets the provisions of Clause 2.5.1.5 and Clause 

2.5.1.6. If deemed necessary, the Procurer(s)/ Authorised Representative reserves the 

right to seek additional information from the Bidder.,The Procurer(s)/ Authorised 

Representative shall convey its decision in relation to any request/intimation, as the case 

may be, received under this Clause 2.5.1.4 , within fifteen (15) days from the date of 

receipt of complete information from the Bidder. In the event the decision of the 

Procurer(s)/ Authorized Representative is not conveyed within the time frame specified in 

the preceding sentence, it shall be deemed to constitute acceptance by the Procurer(s) 

Authorised Representative of the request/intimation, as the case may be, received under this 

Clause 2.5.1.4. 

It is clarified that a Bidding Consortium can participate in the Bidding Process for the 

Project if any Member of the Consortium has purchased the RfQ for such Project. 

. 

2.5.1.5 Subject to the compliance with the provisions of Clause 2.5.1.4 above and the condition 

that after the Change in Ownership the Bidder shall remain qualified as required by the 

provisions of the RfQ, including technical and financial qualification, a Bidder may be 

permitted to continue in the Bidding Process subsequent to a Change in Ownership where 

the Change in Ownership is amongst: 

i. the Bidder with any of its Affiliates; 

ii. Parent/ Affiliate (whose technical and / or financial credentials were used at the time of 

RfQ) with any other Affiliate of the Bidder; or 

iii. Parent/ Affiliate/Ultimate Parent / Bidder with any other company provided 

a) the company is not a Bidder for the Project, 

b) Parent/Affiliate/Ultimate Parent of the company is not a Bidder for the 

Project, 

c) the company is not a Parent/Affiliate/Ultimate Parent of any Bidder for the 

Project. 



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of 

Deleted: clause 


Deleted: T 

Deleted: if considered necessary. 

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Deleted: request 

Deleted: making the request, as 

required by the Procurer/ Authorised 

Representative. 

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Deleted: p 


Deleted: Requirement relating to equity 

lock-in would be as specified in the RfP 

Deleted: be 







Deleted: may be permitted in the 

following cases 


Roman, Not Bold

2.5.1.6 A Bidder shall submit only one Response to RfQ and only one Bid, either as a Bidding 

Company or as a Member in a Bidding Consortium. It is further clarified that any of the 

Parent/ Affiliate/Ultimate Parent of the Bidder/Member shall not separately participate 

directly or indirectly in the same Bidding Process. Further, if any Bidder has a Conflict 

of Interest with the other Bidders participating in the same Bidding Process, the 

respective Responses to RfQ and/or respective Bids of all such Bidders shall be rejected 

and other consequences, as applicable, in terms of Clause 2.4.3 above shall follow. 

2.5.2 Additional Requirements for Response to RfQ submitted by a Bidding Consortium 

2.5.2.1 [omitted] 

2.5.2.2The Response to RfQ shall contain the Consortium Agreement . Each Member of the 

Consortium shall duly sign the Consortium Agreement, making each of the Consortium 

Members liable for raising the required funds for their respective equity investment 

commitment in the format provided in Annexure 7. In the absence of the Consortium 

Agreement, the Response to RfQ shall be rejected. 

The Lead Member shall at all times during the Bidding Process, be held liable to the 

extent of one hundred percent (100%) of the total proposed commitment of equity 

investment of the Bidding Consortium i.e for both its own liability as well as the liability 

of the other Members. The Consortium Agreement shall not be amended without the 

prior written approval of the Procurer(s)/Authorised Representative. 

2.5.2.3 The Response to RfQ shall also contain signed letters (“Letter of Consent” ) submitted 

by each Member, stating that (1) the entire Response to RfQ has been reviewed; (2) 

acknowledging that each element of the Response to RfQ is agreed to, and (3) 

identifying the investment commitment for the Project. 

2.6 Due Date for the submission of the Response to RfQ 

2.6.1 The Bidder shall submit the Response to RfQ at the following address by 12.30 hrs 34 on 

_________: 

Name and Address of the Authorised Person 

2.6.2 Important deadlines 35 are mentioned below: 

(To be filled as per the Bidding Guidelines) 

34 Procurer(s) may put its own time frame in terms of the Bidding Guidelines, at the time of the issuance of the RfQ. 

35 These are indicative dates. 

Deleted: individually 

Deleted: Lead 


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Deleted: is having 

Deleted: b 

Deleted: p 

Deleted: ; 

Deleted: provisions in case of Bids 

Deleted: .{Shifted to 2.5.1.1} 

Deleted: Bid 

Deleted: a Joint Deed Agreement 

entered into between the Consortium 

Members (Annexure 7) 

Deleted: Joint Deed 

Deleted: , 

Deleted: given at 

Deleted: such a document 

Deleted: Bid 

Deleted: would not be considered for 

evaluation and 


Deleted: Provided further that 

Deleted: t 

Deleted: of the Bidding Consortium 

will 

Deleted: required to be 


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color: Black 

Deleted: Bid 

Deleted: 

Deleted: Bid 

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Deleted: Bid 

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Deleted: envisaged 


Deleted: s 

Deleted: Bid 

Deleted: so as to reach

2.7 Method of submission 

2.7.1 The Response to RfQ must be submitted in a sealed envelope which should be 

transcripted in the following way: 

“ Response to RfQ for supply of power to Procurer” 

“Name of the Office” 

“Name of the Bidder” 

2.7.2 This envelope should also contain a covering letter as per the format provided in 

Annexure 5 hereto. 

2.7.3 The Bidder may send the Response to RfQ by registered post or submit the Response to 

RfQ in person at the designated address of the Procurer (s)/ Authorised Representative 

by the time and date stipulated by the Procurer(s)/ Authorised Representative above. A 

Response to RfQ submitted by telex/ telegram/ fax shall not be considered under any 

circumstances. The Procurer(s)/ Authorised Representative shall not be responsible for 

any delay in receipt of the Response to RfQ. Any Response to RfQ received by the 

Procurer(s)/ Authorised Representative after the deadline for submission of the Response 

to RfQ stipulated by the Procurer(s)/ Authorised Representative shall not be 

opened.2.7.4 All pages of the Response to RfQ submitted must be initialed by the 

Authorised Signatory on behalf of the Bidder. 

2.7.5 The Response to RfQ shall be submitted in one original and ___copies 36 (placed in one 

envelope as mentioned in Clause 2.7.1). Subject to Clause 2.5.1.4, no change or 

supplemental information to a Response to RfQ shall be accepted after the scheduled date 

and time of submission of the Response to RfQ. The Procurer(s)/ Authorised 

Representative reserves the right to seek additional information from the Bidders, if 

found necessary, during the course of evaluation of the Response to RfQ. 

2.7.6 In the event the envelope is not sealed and not marked as per the requirement, the 

Procurer(s)/ Authorised Representative shall assume no responsibility for the 

misplacement or premature opening of the Response to RfQ. 

2.8 Preparation of the Response to RfQ 

2.8.1 The Bidder shall be responsible for all the costs associated with the Bidding Process, 

including but not limited to the preparation of the Response to RfQ and participation in 

discussions. Procurer(s)/Authorised Representative shall not be responsible in any way 

for such costs, regardless of the conduct or outcome of the process. 

2.8.2 Bidders should note that: 

36 To be specified by the Authorised Representative/ Procurer(s) 

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(i) All the information in the Response to RfQ should be submitted in English language 

only. 

(ii) The Response to RfQ shall include the name of the Authorised Signatory and complete 

address of the Bidder in the covering letter. 

(iii)Response to RfQ that are incomplete or which do not meet the requirements prescribed in 

this RfQ, will be liable for rejection by the Procurer(s)/ Authorised Representative. 

(iv) Response to RfQ not submitted in the specified formats will be liable for rejection by 

the Procurer(s)/ Authorised Representative. 

(v) All pages of the Response to RfQ submitted must be initialed by the Authorised 

Signatoriy on behalf of the Bidder. 

(vi) The delay in in submission of additional information or clarifications sought may result 

in the rejection of the Response to RfQ by the Procurer(s)/ Authorised Representative. 

(vii) The Bidding Company, Bidding Consortium- including its Parent, Affiliate or Ultimate 

Parent-or any Group Company of all or any of the above will not have more than three 

UMPPs at a pre-commissioning stage. Accordingly, the Bidder could bid for the next 

UMPP only after all the units of one of the three UMPPs have achieved Commercial 

Operation Date (COD) . This condition would need to be met 30 days prior to the RFP 

bid submission date as originally stipulated at the time of issuance of RFP, irrespective of 

whether the RFP bid submission date is subsequently extended. 

For avoidance of doubt, COD would mean the commercial operation date as defined in 

the Power Purchase Agreement (PPA) of the UMPP. 

(viii) All documents , to be submitted by the Bidders in terms of this RfQ in their respective 

Response to RfQ shall be duly notarized by a notary public who shall authenticate by its 

signature and official seal the due execution of the said document. 

2.9 Enquiries/Clarifications 

(i) Enquiries/ clarifications may be sought by the Bidder in writing at the following 

address within 20 (twenty) days prior to the date as specidfied in Clause 2.6.1 : 

Name of the Authorised Person 

Address of the Office 

Phone (Off): 

Fax : 

E-mail: 

(ii) Procurer(s)/Authorised Representative is not under any obligation to respond to any 

or all clarifications sought by the Bidders or to consider amendments suggested by 

the Bidders. 

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2.10 Right of the Procurer(s)/Authorised Representative to reject a Response to RfQ: 

The Procurer(s)/ Authorised Representative reserves the right to reject all or any of the 

Response to RfQ or cancel the RfQ without assigning any reasons whatsoever and 

without any liability. 

2.11 Non submission and/or submission of incomplete data/ information required under the 

provisions of RfQ shall not be construed as waiver on the part of Procurer(s)/ Authorised 

Representative of the obligation of the Bidder to furnish the said data/information unless the 

waiver is provided by the Procurer(s)/Authorised Representative in writing. 

2.12 Confidentiality 

All information provided by the Bidder shall be deemed confidential and would not be 

disclosed to third parties, except: 

a) to their professional advisors; 

b) to their officers, contractors, employees, agents or representatives, financiers, who 

need to have access to such information for the proper performance of their 

activities; 

c) disclosures required under applicable Law or the Bidding Guidelines 

without the prior written consent of the Bidder 

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3. EVALUATION CRITERIA 

3.1 The evaluation process of the Response to RfQcomprises of the following two steps: 

1. Step I – Responsiveness check 

2. Step II –Evaluation of Response to RfQ 

3.2 Step I - Responsiveness check 

The Response to RfQ submitted by the Bidder shall be scrutinised to establish 

“Responsiveness”. A determination that the Response to RfQ is “Non-responsive” may be an 

adequate ground for rejection of the Response to RfQ in the sole discretion of the 

Procurer(s)/Authorised Representative. Any of the following conditions maycause the Response 

to RfQ to be “Non-responsive”: 

(i) Response to RfQ not received by the due date and time in terms of Clause 2.6.1; 

(ii) Sufficient information not submitted in the Response to RfQ to be evaluated and/or 

information not submitted in specified formats; 

(iii) Response to RfQ not signed by the Authorised Signatory and / or sealed in the 

manner and to the extent indicated in this RfQ; 

(iii) Response to RfQ not including the covering letter as per format in Annexure 5; 

(iv) Response to RfQ not including the undertaking as per format in Annexure 5A; 

(v) Response to RfQ submitted by a Bidding Consortium not including the Consortium 

Agreement; 

(vi) Bidders having a Conflict of Interest; 

(vii) Failure to submit a disclosure form as required by Annexure 11; 

(vii) Response to RfQ which is not submitted in English language. 

. 

3.3 Step II - Evaluation of the Response to RfQ 

3.3.1 Step II ( evaluation of the Response to RfQ) shall be carried out by considering the 

information furnished by the Bidders as prescribed under Clause 4 (Formats). This step 

would involve evaluation of the Response to RfQ of the Bidders. 

3.3.2 The Bidders must fulfill the minimum financial and technical requriements stated in 

Clauses 2.1.3 and 2.1.4. 

3.3.3 If a Response to RfQ is submitted by a Bidding Company, technical credential and 

financial credential of the Bidding Company only shall be considered. If the Response to 

RfQ is submitted by a Bidding Consortium, then: 

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... [29] 

... [30]

(i) The financial requirement to be met by the Bidding Consortium shall be considered of a 

maximum 4 (four) Members of the Bidding Consortium in proportion to the equity 

commitment by each of them; 

(ii) The technical credential shall be met by the Lead Member of the Consortium; 

The technical and financial credential of a particular entity being the Affiliate/Parent of a 

Member, if used by any Member, shall only be used by that particular Member and shall 

not be relied upon by any other Member of a Bidding Consortium. For the avoidance of 

any doubt it is hereby clarified that an entity being the Affiliate or the Parent can be used 

for the purpose of fulfilling the technical requirement by one Member and the same entity 

can be used for the purpose of fulfilling the financial requirement by another Member of 

the same Consortium; 

3.3.4 The Bidding Company or a Consortium Member (including Lead Member) may rely 

upon the technical (mentioned in Clause 2.1.4) and financial credential (mentioned in 

Clause 2.1.3) of a Parent or its Affiliates for the purpose of the Response to RfQ. In the 

event a Bidding Company or a Member in a Bidding Consortium intends to rely upon 

the technical and financial credential of its Parent or its Affiliate(s), it shall submit a 

legally binding undertaking, supported by a Board Resolution in the RfP stage from such 

Parent or Affiliate(s) in terms of the RfP, indicating that all the equity investment 

obligations of the Bidding Company or the Member of the Consortium shall be deemed 

to be equity investment obligations of the respective Parent or Affiliate(s) and in the 

event of any default, the same shall be the liability of the respective Parent or Affiliate(s). 

3.3.5 The Bidding Company or the Consortium Member shall provide a certificate stating 

the exact relationship with such Parent / Affiliate including exact details about the equity 

shareholding. Such certificate shall be duly certified by the Company Secretary and one 

of the Directors of the Bidding Company / Consortium Member. 

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4. FORMATS OF RESPONSE TO RFQ 

This Clause prescribes the formats for submission of information to ensure that 

information and data submitted by each Bidder in terms of this RfQ is interpreted in a 

consistent manner. Hence it is required that all Bidders submit information in the formats 

indicated below. 

4.2 BIDDER INFORMATION 

4.2.1 Omitted 

4.2.2 The formats required to be submitted by the Bidder in terms hereof are attached to this 

RfQ. Each format relating to Financial and Technical requirements, as given in 

Annexure 9, shall be duly signed by the Managing Director/ Chief Executive Officer/, 

being a full time director on the Board/ manager or whole time director 37 of the Bidding 

Company or Member as the case may be, and the Statutory Auditor. In the case of a 

Bidding Consortium, each Member shall submit information about its financial 

requirement and the Lead Member, about its technical requirement in separate formats as 

prescribed. Please note that the information to be provided in case of a Consortium shall 

be limited to a maximum of 4 (four) Members in the order of their equity contribution. 

4.2.3 Information about the Bidder: 

Following documents/information shall be submitted by the Bidder along with its 

Response to RfQ. 

4.2.3.1 For a Bidding Company 

Last five years unconsolidated/consolidated audited annual accounts ,in accordance with 

Clause 2.1.5, (consisting of unabridged Balance Sheet, P&L account, cash flow 

statement, profit appropriation, auditors report). 

4.2.3.2 For a Bidding Consortium 

i. Name of the Lead Member of the Consortium {as per Annexure 4}; 

ii. The role of each Member in the Bidding Consortium {as per Annexure 4}; 

37 The signature of the Manager/whole time director of the Bidding Company/Lead Member to be supported with (i) 

copy of the Board Resolution attested by a Company Secretary that the concerned person is appointed as a Manger 

as defined in the Companies Act, 1956 or in the case of a director, copy of the Board Resolution and (ii) certificate 

by the Company Secretary that the Bidding Company/Lead Member does not have a Managing Director or a Chief 

Executive Officer. 

In case of the Bidding Company/Lead Member being a foreign company, the same shall be signed by a person of 

equivalent position duly supported by a Board Resolution 

Deleted: 4.1 


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Deleted: 

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Cclause 1.2} 

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specifically drawn to the requirement that 

each 

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Resource Generation, Net Worth and 

Annual Turnover 

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Deleted: c

iii. A Letter of Consent from each Member committing a specific investment.; 

iv. The executed Consortium Agreement {as per Annexure 7}; 

v. For each Member (maximum being 4 (four) Members, whose credentials are utilized) ,: 

Last five years unconsolidated/consolidated audited annual Accounts, in 

accordance with Clause 2.1.5, (consisting of unabridged Balance Sheet, 

P&L account, cash flow statement, profit appropriation, auditors report). 

Deleted: l 

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Bidding Consortium 

Deleted: 


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Deleted: for the calculation of Internal 

Resource Generation, Networth and 

Annual Turnover from business 

operations

5. CHECKLIST FOR BIDDERS 

The Bidder may use the following checklist to ensure that the Response to RfQ is complete: 

(i) Covering Letter (Annexure 5); 

(ii) Undertaking under clause 2.1.7 of the RfQ (Annexure 5A) 

(iii) Consortium Agreement (Annexure 7); 

(iii) Power of Attorney in favour of Authorised Signatory (Annexure 8); 

(iv) Letters of Consent from all Members in terms of Clause 2.5.2.3 above.; 

(v) Initialling of allpages of the Response to RfQ by Authorised Signatory of the Bidder; 

(vi) Executive Summary (Annexure 4); 

(vii) Last five years annual reports containing unconsolidated/ consolidated audited 

accounts (in accordance with Clause 2.1.5), directors’ report, etc. of Bidding 

Company or each Member in case of a Bidding Consortium (maximum being 4 (four) 

Members, whose credentials are utilized) and/or Parent/Affiliates if their technical 

and/or financial credentials have been relied upon for meeting the financial and/or 

techinal qualification requirements in terms of this RfQ; 

(viii) Formats relating to financial and technical requirements (Annexure 9); 

(ix) Disclosure regarding Conflict of Interest in this Bid Process (Annexure 11); 

(x) “A disclosure statement as per Annexure 12 in respect of number of UMPPs with the 

bidders as per clause 2.8.2(vii)”. 

(xi) Certificate stating the exact relationship of the Bidder with the Parent / Affiliate 

including exact details about the equity shareholding, in terms of Clause 3.3.5 above 

(Annexure 3). 

(xii) Any other necessary information and documents as required under the RfQ.; 

Please note that the information requirement prescribed above is the minimum information 

required from the Bidders. The Bidder may provide additional information to support and 

supplement the above. 

Deleted: Bid 

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Bidding Consortium 

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company 

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ANNEXURE 1 

INFORMATION ON THE PROCURER(S)

INFORMATION ON THE PROCURER (S) 

ENCLOSURE-1: Last three available annual audited accounts 

ENCLOSURE-2 : Aggregate technical and commercial losses for last three years 

as available 

ENCLOSURE-3: Details regarding existing tariff structure, consumer base etc 

ENCLOSURE-4: Business forecast 38 

38 This information may be submitted at the RfP stage at the discretion of the Procurer 

Deleted: S

ANNEXURE 2 

FORMAT OF THE LETTER OF AUTHORISATION TO 

BE PROVIDED BY THEPROCURERS 

Deleted: JOINT DEED AGREEMENT 

AMONG THE PARTICIPATING 

DISTRIBUTION LICENSEES

[On the letterhead of the Procurer] 

[To be printed on the Letter Head of the Procurer] 

To, 

[insert name of the Authorised Representative], 

[insert address of Authorised Representative] 

Dear Sir, 

Date: , 200 

Subject: Authorisation to the [name of the Authorised 

Representative] to undertake Bid Process for selection of the 

Successful Bidder for the development of [insert name, capacity 

and location of Project] 

Pursuant to our meeting held at [insert name of premises where meeting was held] on [insert date 

of meeting] (“Meeting”) in relation to the subject matter with [insert name of all the other 

Procurers] (“Procurers”) and the unanimous decision reached therein, we, pursuant to our Board 

Resolution dated [insert date of Board Resolution] hereby appoint [insert name of the Authorised 

Representative], as the Authorised Representative to undertake the 2 staged competitive Bidding 

Process, in accordance with the Guidelines for Determination of Tariff by Bidding Process for 

Procurement of Power by Distribution Licensees dated 19 January, 2005 issued by Ministry of 

Power, as amended from time to time, for the selection of the Successful Bidder for the 

development of [insert name, capacity and location of Project] (“Power Project”). 

Deleted: (To be on non-judicial stamp 

paper of appropriate value as per Stamp 

Act relevant to place of execution.) 

FORM OF JOINT DEED AGREEMENT 

BETWEEN 

M/S__________________________, 

M/S__________________________, 

M/S_____________________. AND M/S 

_____________________ 

FOR (_____________) 

AS PER CLAUSE 1.5 OF REQUEST 

FOR QUALIFICATION (RfQ) 

(_______) 

Deleted: THIS Joint Deed Agreement 

(“Agreement”) executed on this 

___________________ day of 

___________ Two thousand 

___________., between M/s 

_________________________________ 

______________ a Ccompany/Board 

incorporated under the laws of India and 

a Distribution Licensee under the 

Electricity Act 2003 

_____________________ and having its 

Registered Office at 

_________________________________ 

__ (hereinafter called the “Procurer-I1”, 

which expression shall include its 

successors, executors and permitted 

assigns) and M/s 

_________________________________ 

__ a Company/Board incorporated under 

the laws of India and a Distribution 

Licensee under the Electricity Act 2003 

_________________________________ 

__ and having its Registered Office at 

_________________________________ 

____ (hereinafter called the “Procurer- 

2”, which expression shall include its 

successors, executors and permitted 

assigns), M/s 

_________________________________ 

__ a Company/Board incorporated under 

the laws of India and a Distribution 

Licensee under the Electricity Act ... 2003 [34] 








Deleted: Body of the Joint Deed 

Agreement shall incorporateclauses 

pertaining to following key principles: 

 

1. Willingness to procure power through ... [35] 

Formatted: Indent: First line: 0" 

Deleted: This Joint Deed Agreement 

has been duly executed and delivered 

on behalf of each Procurer hereto and 

constitutes the legal, valid, binding and 

enforceable obligation of each such ... [36]

Through this Letter of Authorisation, we hereby irrevocably and unconditionally authorize 

[insert name of the Authorised Representative] to conduct on our behalf as our Authorised 

Representative, the Bid Process for selection of the Successful Bidder for the subject Power 

Project and to take all necessary actions as may be required for such selection and matters 

incidental thereto. We agree to be bound by the bidding documents and all decisions of [insert 

name of the Authorised Representative] for the above selection process. We, hereby further agree 

that the tariff of the Successful Bidder selected pursuant to the Bidding Process shall be binding 

on us. 

We agree to the decisions taken at the Meeting including allocation of power to our Company 

from the Power Project, based on the payment security mechanism, as provided for in the power 

purchase agreement, consisting of: 

Revolving Letter of Credit (LC); 

Default Escrow Account; [insert if applicable] 

Agreement to Hypothecate Cum Deed of Hypothecation; [insert if applicable] 

Further, we authorise [insert name of the Authorised Representative] to nominate members on 

committees, as may be constituted, for the purpose of bid evaluation, document finalization etc. 

Yours faithfully, 

(authorised signatory) 

Name: 

Designation: 

(Address) 

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Script Font: 12 pt

ANNEXURE 3 

CERTIFICATE TO BE PROVIDED BY BIDDING 

COMPANY/ MEMBER 

FORMAT OF COVERING LETTER 

(On the Letter Head of Bidding Company/ Member) 

Bidding Company/ Member’s Name: 

Full Address: 

Telephone No.: 

E-mail address: 

Fax / No.: 

To 

Name and Address of the Authorised Person (as per Clause 2.6.1 of the RfQ) 

Sub:- Supply of power to the Procurer(s) on long term basis at the generator switch yard 

Ref:- Request for Qualification (RfQ) dated [insert date] 

Dear Sir, 

In compliance with the provisions of Clause 3.3.5 of the RfQ, we hereby certify that [insert name 

of the Parent/Affilate] is our Parent/Affilate by virtue of the relationship depecited vide the 

following which provides the exact details of the equity shareholding: 

[Bidders to insert applicable details] 

Thanking you, 


(Signature, Name, Designation and Stamp)* 

Business Address: 

Dated the _________ day of _________ of 20 

Notes: 

Deleted: LETTER OF CONSENT 

FROM ALL THE PARTICIPATING 

PROCURER(S)DISTRIBUTION 

LICENSEES 

Formatted: Font: Italic 


line: 0"

1.To be signed by a whole time director of the Bidding Company/ Member and to be supported 

with copy of the Board Resolution. 

2. To be certifified by the Company Secretary. 

Deleted: 

Deleted: 

Enclosures: Letter of consent from all the 

Procurers stating that the entire bid 

document has been reviewed and each 

key element of the bid document is 

agreed to. 

Deleted: ANNEXURE 3A ... [37] 

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ANNEXURE 4 

EXECUTIVE SUMMARY TO BE PROVIDED BY THE 

BIDDING CONSORTIUM 

Executive Summary 

1.1.a Name of the Bidding Consortium 

1.1.b Lead Member of a Bidding Consortium 

1.2 Details of the Bidding Consortium 39 

Sl. 

No. 

Name of the Member 

1.3 Details of the Authorised Signatory 

Name 

Designation 

Name of the Member 

Address 

Phone Nos. 

Fax Nos. 

E-mail address 

Signature ____________________ 

For 

__________________________ 

Role Envisaged Details of the technical and 

financial credential 

Lead Member’s Rubber Stamp and Full Address 

Equity participation 

in the Consortium 

39 Please note that the total number of members of a Consortium should not exceed 6. Details of all such members 

are to be provided as regards the name, role and the equity holding of such members in the Consortium. However, 

for the purposes of utilizing the financial credentials, information of only first 4 members will be considered in the 

order of their equity constribution. 

Deleted: 

 


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Deleted: Company 


and 



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Formatted: Highlight

Signature and stamp of 

Notary of the place of execution 


Formatted: Left

ANNEXURE 5 



(On the Letter Head of Bidding Company/ Lead Member) 

Bidder’s/Lead Member’s Name: 

Full Address: 



Fax / No.: 

To 


Sub:- Supply of power to the Procurer(s) on long term basis at the generator switch yard 

Ref:- Request for Qualification (RfQ) dated [insert date] 

Dear Sir, 

We, the undersigned Bidder, having read and examined in detail the RfQ for supply of 

power on long-term basis at the generator switch yard bus-bar to the Procurer(s), and accepting 

all of the terms, conditions and other provisions hereby submit our Response to RfQ. We 

confirm that neither we nor any of our Parent/ Affiliate/ Ultimate Parent has submitted any 

Response to RfQ other than this Response to RfQ directly or indirectly in response to the 

aforesaid RfQ. 

CONTACT PERSON 

Details of the Authorized Signatory are furnished as under: 

Name 

Designation 

Name of the Bidding Company/Member 

Address 

Phone Nos. 

Fax Nos. 

E-mail address 

We are enclosing herewith this Response to RfQ with duly signed formats, in 1 original plus + ( 

) copies as desired by you in your the RfQ for your consideration. 

Deleted: 

Page Break 

Deleted: Address of the Authorised 

Representative/Procurer(s) 

Deleted: G 


Deleted: S 


Deleted: Y 



Deleted: G 

Deleted: S 

Deleted: Y 

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Deleted: 

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Deleted: 

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Deleted: Bid 



Deleted: e Bid

The period of validity of the Response to RfQ shall not be less than one hundred and eighty 

(180) days from the last date of submission of the Response to RfQ. 

Thanking you, 


Signature of 

Chief Executive Officer/Managing Director/Manager* (Signature, Name, Designation and 

Stamp) 



* . 

To be signed by the Manager of the Bidding Company/Lead Member and to be supported with 

(i) copy of the Board Resolution attested by a Company Secretary that the concerned person is 

appointed as a Manager as defined in the Companies Act, 1956 and (ii) certificate by the 

Company Secretary that the Bidding Company/Lead Member does not have a Managing Director 

or a Chief Executive Officer. 

In case of the Bidding Company/Lead Member being a foreign company, the same shall be 

signed by a person of equivalent position duly supported by a Board Resolution. 

________________________________________________________ 

Signature and stamp of 

Notary of the place of execution 

Deleted: Dated the _________ day of 

_________ of 20 

Deleted: Bid to RfQ 


Deleted: Bid Deadline 

Deleted: eal 

Deleted: Name and address of principal 

Officer. 

Deleted: To 

Deleted: be signed by Managing 

Director/ Chief Executive Officer who 

should also be full time director on the 

Board of the Bidding Company/ Lead 

Member in case of Consortium 







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ANNEXURE 5A 

UNDERTAKING UNDER CLAUSE 2.1.7 TO BE 

PROVIDED BY THE BIDDING COMPANY AND EACH 

MEMBER OF THE BIDDING CONSORTIUM 



Full Address: 



Fax / No.: 

To 


Sub: Undertaking under clause 2.1.7 of the RfQ 

We, [insert name of the Bidding Company/Member of the Bidding Consortium], hereby certify 

that no order / ruling has been passed by an Appropriate Commission or a Competent Court 

against us or our Parent/Affiliates for material breach of any contract for supply of power having 

duration of contract in excess of one (1) year to any licensee in India. We further confirm that the 

bid security submitted by us or any of our Parent/Affiliates has not been forfeited either partly or 

wholly in any Bid Process under Case-1 or case -2 bidding procedure in the last five (5) years 

preceding the Bid Deadline. 

We hereby undertake that if at any stage of the Bidding Process, any such order / ruling is found 

to have been passed in the last five (5) years preceding the Bid Deadline by an Appropriate 

Commission or a Competent Court against us or any of our Parent/Affiliates, our bid shall be 

liable to be rejected. 

Thanking you, 



Chief Executive Officer/Managing Director/Manager* (Signature, Name, Designation and 

Stamp) 



Deleted: 1 

Deleted: 1


* . 

To be signed by the Manager of the Bidding Company/Each Member and to be supported with 

(i) copy of the Board Resolution attested by a Company Secretary that the concerned person is 


Company Secretary that the Bidding Company/Lead Member does not have a Managing Director 

or a Chief Executive Officer. 

In case of the Bidding Company/ Member being a foreign company, the same shall be signed by 

a person of equivalent position duly supported by a Board Resolution. 



ANNEXURE 6 

Model Power Purchase Agreement 

Enclosed herewith is the Model Power Purchase Agreement. 

Deleted: The PPA has the terms and 

conditions under which the Procurer(s) 

would purchase power

ANNEXURE 7 

FORMAT FOR CONSORTIUM AGREEMENT AMONG 

THE BIDDING CONSORTIUM MEMBERS 



Deleted: JOINT DEED

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of 

execution. Foreign entities submitting the Response to RfQare required to follow the applicable 

law in their country.) 

FORM OF CONSORTIUM AGREEMENT BETWEEN 

M/S 

__________________________, M/S__________________________., 

M/S_____________________ AND M/S_____________________.. 

FOR (_____________) 

AS PER SECTION 2.5.2.2 OF REQUEST FOR QUALIFICATION (RfQ) 

THIS Consortium Agreement (“Agreement”) executed on this_______________ day of 

___________ Two thousand___________ between M/s [insert name of Lead 

Member]_______________________________________________ a company incorporated 

under the laws of _____________________ and having its Registered Office at 

___________________ (hereinafter called the “Member-1”, which expression shall include its 

successors, executors and permitted assigns) and M/s 

____________________________________ a Company incorporated under the laws of 

____________________________________ and having its Registered Office at 

____________________________________ (hereinafter called the “Member-2”, which 

expression shall include its successors, executors and permitted assigns), M/s 

____________________________________a Company incorporated under the laws of 

____________________________________ and having its Registered Office at 

____________________________________ (hereinafter called the “Member-3”, which 

expression shall include its successors, executors and permitted assigns) and 

M/s_____________________________ a Company incorporated under the laws of 

____________________________________ and having its Registered Office 

at____________________________________ (hereinafter called the “Member-4”, which 









expression shall include its successors, executors and permitted assigns), (The Bidding 

Consortium should list the details of all the Consortium Members) 40 for the purpose of making a 

40 Please note that the total number of members of a Consortium should not exceed 6. Details of all such members 

are to be provided as regards the name, role and the equity holding of such members in the Consortium. However, 

Deleted: bids 

Deleted: 


Deleted: BID DOCUMENT NO. 

(_______) 


Deleted: Partner 



Formatted: Font: Bold, No underline 













Response to the RfQ, Bid, and execution of the Share Purchase Agreement (in case of award) , 

against RfQ dated [●] issued by the[Name of the Procurer) a [Company/Board] incorporated 

under the [Company’s Act, 1956, and having its Registered Office at ________ or 

______________constituted under Section-5 of the Electricity (Supply) Act, 1948] (hereinafter 

called the “Procurer”) OR[Name of the Authorised Representative] incorporated under the 

[Company’s Act, 1956, and having its Registered Office at ________ (hereinafter referred to as 

the “Authorised Representative”). 

WHEREAS, each Member individually shall be referred to as the “Member” and all of the 

Members shall be collectively referred to as the “Members” in this Agreement. 

WHEREAS the Procurer(s) desire to purchase power through a Tariff based International 

Competitive Bidding (ICB) process; 

WHEREAS, the Procurer/Authorised Representative had invited Response to RfQ vide its 

Request for Qualification (RfQ) dated ____________ WHEREAS Section 2.5.2.2 of the RfQ 

stipulates that the Bidders qualifying on the strength of a Bidding Consortium will have to 

submit a legally enforceable Consortium Agreement in a format specified by the 

Procurer(s)/Authorised Representative wherein the Consortium Members have to commit equity 

investment of a specific percentage for the Project. 

NOW THEREFORE, THIS AGREEMENT WITNESSTH AS UNDER: 

In consideration of the above premises and agreements all the Members in this Bidding 

Consortium do hereby mutually agree as follows: 

1. , We, the Members of the Consortium and Members to the Agreement do hereby 

unequivocally agree that Member-1 (M/s_____________________________________), 

shall act as the Lead Member as defined in the RfQ for self and agent for and on behalf of 

Member-2, Member-3, Member 4, Member 5 and Member 6. 

2. The Lead Member is hereby authorised by the Members of the Consortium and Members 

to the Agreement to bind the Consortium and receive instructions for and on their 

behalf.. 

3. Notwithstanding anything contrary contained in this Agreement, the Lead Member shall 

always be liable for the equity investment obligations of all the Consortium Members i.e., 

for both its own liability as well as the liability of other Members. 

4. The Lead Member shall be liable and responsible for ensuring the individual and 

collective commitment of each of the Members of the Consortium in discharging all of 

for the purposes of utilizing the financial credentials, information of only first 4 members will be considered in the 

order of their equity constribution. 

Deleted: entering into the Power 

Deleted: to be hereinafter referred to as 

the “Contracts” 


Deleted: Bid dDocument No. 

(_______) for (_______) 

Deleted: of 

Deleted: 

Deleted: Distribution Licensee 1 


Deleted: and [Name of the Procurer 

Distribution Licensee 2)] a 

[Company/Board] incorporated under ... [38] 

the 


Deleted: 

Deleted: its 


Deleted: a 

Deleted: r 

Deleted: (hereinafter called the ... [39] 

Deleted: d 

Deleted: an 

Deleted: Bids for 

Deleted: 

Deleted: 



Deleted: in the envisaged 

Deleted: INDENTURE 

Deleted: pPartners 

Deleted: In consideration of the ... Award [40] 

Deleted: w 

Deleted: pPartners 


Deleted: Ppartner-1 

Deleted: (1) 



Deleted: Partner-4 (the names of ... the [41] 

Deleted: Partners 


Deleted: It is further understood ... that [42] 

Deleted: ( 

Deleted: )

their respective equity obligations. Each Member further undertakes to be individually 

liable for the performance of its part of the obligations without in any way limiting the 

scope of collective liability envisaged in this Agreement. 

5. Subject to the terms of this Agreement, the share of each Member of the Consortium in 

the “issued equity share capital of the insert name of the SPV” is/shall be in the following 

proportion:.: 

Name Percentage 

Member 1 --- 

Member 2 --- 

Member 3 --- 

Member 4 --- 

Member 5 --- 

Member 6 --- 

Total 100% 

We acknowledge that Members in the Consortium shall be permitted to divest their equity 

shareholding in the Seller, with prior written intimation to the Procurers(s) of atleast 30 (thirty) 

days provided that the percentage shareholding of the remaining Consortium Members (which 

shall always include the Lead Member) shall be 51% for a period of 2 years after the 

Commercial Operation Date of the Power Station and 26% for a period of 3 years thereafter. 

Further the Lead Member of the Consortium shall compulsorily hold at least twenty six percent 

(26%) of the total paid equity share capital of the Seller for at least five (5) years post 

Commercial Operation Date of the Power Station, after which the Lead Member shall have the 

right to disinvest its entire equity holding in the Seller. 

6. The Lead Member, on behalf of the Consortium, shall inter alia undertake full 

responsibility for liaising with Lenders and mobilising debt resources for the Project, and 

ensuring that the Seller achieves financial closure in terms of the PPA. 

7. In case of any breach of any equity investment commitment by any of the Consortium 

Members, the Lead Member shall be liable for the consequences thereof. 

8. Except as specified in the Agreement, it is agreed that sharing of responsibilities as 

aforesaid and equity investment obligations thereto shall not in any way be a limitation of 

responsibility of the Lead Member under these presents. 

9. It is further specifically agreed that the financial liability for equity contribution of the 

Lead Member shall, not be limited in any way so as to restrict or limit its liabilities. The 

Lead Member shall be liable irrespective of its scope of work or financial commitments. 

Deleted: 

Deleted: Consortium 

Deleted: Project Company/[ 

Formatted: Font: Italic 

Deleted: ] 

Deleted: (if such a company is to be 

established) 

Deleted: (if applicable) 





Deleted: 

Formatted: Justified 

















Deleted: achieving 

Deleted: on behalf of the Bidding 

Consortium 

Deleted: of the 

Deleted: 

Deleted: their

10. This Agreement shall be construed and interpreted in accordance with the Laws of India 

and courts at [ ] alone shall have the exclusive jurisdiction in all matters relating thereto 

and arising thereunder. 

11. It is hereby further agreed that in case of being selected as the Successful Bidder, , the 

Members do hereby agree that they shall furnish the Performance Guarantee in favour of 

Procurer(s) in terms of the RfP . 

12. It is further expressly agreed that the Agreement shall be irrevocable and shall form an 

integral part of the Power Purchase Agreement and shall remain valid until the expiration 

or early termination of the PPA in terms thereof, unless expressly agreed to the contrary 

by the Procurer(s). 

13. The Lead Member is authorised and shall be fully responsible for the accuracy and 

veracity of the representations and information submitted by the Members respectively 

from time to time in the Response to RfQ and the Bid 

14. It is hereby expressly understood between the Members that no Member at any given 

point of time, may assign or delegate its rights, duties or obligations under the PPA 

except with prior written consent of [Name of the Procurer(s)]. 

15. This Agreement 

(a) has been duly executed and delivered on behalf of each Member hereto and 

constitutes the legal, valid, binding and enforceable obligation of each such 

Member,; 

(b) sets forth the entire understanding of the Members hereto with respect to the 

subject matter hereof; and 

(c) may not be amended or modified except in writing signed by each of the 

Members and with prior written consent of [ Name of the Procurer(s)]: 

16. All the terms used in capitals in this Agreement but not defined herein shall have the 

meaning as per the RfQ. 

IN WITNESS WHEREOF, the Members have, through their authorised representatives, 

executed these present and affixed Common Seals of their respective companies on the Day, 

Month and Year first mentioned above. 

1. For M/s-------------------------- Common Seal of M/s------ 


Deleted: , 

Deleted: an award of Contract 

Deleted: partners 

Deleted: to this Joint Deed Agreement 

Deleted: Security Deposit 

Deleted: , as stipulated in the bidding 

documents (RfQ/RfP and Power Purchase 

Agreement), jointly, on behalf of the 

Consortium Members 

Deleted: in favour of the Procurer 

Deleted: Joint Deed Agreement 

Deleted: 

Deleted: Contract 

Deleted: till 

Deleted: term 


Deleted: Consortium 

Deleted: Bid to the RfQ/RfP and for the 

purposes of the Project. 

Deleted: partners to this Agreement 

Deleted: neither partner 





AgreementConsortium 

Deleted: (c) 



Deleted: (db) 


Deleted: (ec) 



Formatted: Indent: Left: 0", 

Hanging: 0.5" 

Deleted: partners to the joint Deed 

Agreement

---[Member 1] (signature of 

authorized reprensantive 

auhtorised vide Board 

Resolution Dated [●]) 

Name: 

Desingnation: 

2. For M/s-------------------------- 



uthorized vide Board 


Name: 

Desingnation: 

3. For M/s-------------------------- 





Name: 

Desingnation: 

Has been affixed in our 

presense pursuant to Board 

Resolution Dated [●] 

Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 

Common Seal of M/s------ 




Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)----------------------

4. For M/s-------------------------- 





Name: 

Desingnation: 

5. For M/s-------------------------- 





Name: 

Desingnation: 

6. For M/s-------------------------- 





Name: 

Desingnation: 

Name: 

Address: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)----------------------

Name: 

Address: 

Note: In case of Member being Foreign companies which are not required to maintain a common 

seal under the laws applicable in their jurisdiction, the same shall be accompanied by a legal 

opinion in this regard. 

__________________________________________ 

Signature and stamp of Notary of the place of execution 

Deleted: 


Deleted: 1. For M/s 

___________________ 

(Partner Member 1 authorsied vide to 

Board Resolution dated [●]) 

1. Common Seal of M/s 

(Signature of the authorised 

have been affixed in 

my/ representative) 

our presence pursuant to 

Board/Board of Directors 

Resolution Name 

dated 

Name 

Signature_____________________ Des 

ignation 

Name:_________________Signature___ 

____________________ Designation: 

 

2. For M/s 

_________________________________ 

____. 

 









Resolution Name 

dated 

Signature_____________________ 

Designation 

For M/s 

_________________________________ 

____. 









Resolution Name__________________ 

___________ 

dated 

Signature_____________________ Des 

ignation________________________ 

For M/s 

_________________________________ 

____. 



4. Common Seal of 

M/s_______________ 

_________________________________ ... [43] 



Formatted: Body Text, Left, Indent: 

Left: 0", Tabs: Not at 3.5" 


Auto, Complex Script Font: 12 pt

ANNEXURE 8 

Format for Power of Attorney for Signing Reponse to 

RfQ 

POWER OF ATTORNEY 

(To be on non-judicial stamp paper of appropriate value as per the Stamp Act relevant to the 

place of execution. Foreign entities submitting Response to RfQ are required to follow the 

applicable law in their country.) 

Know all men by these presents, We____________________________ (name and address of the 

registered office) do hereby constitute, appoint and authorise Mr. / Ms.__________________ 

(name and residential address) who is presently employed with M/s._______________[insert 

name of Bidding Company/Member] and holding the position of 

______________________________ as our attorney, to do in our name and on our behalf, all 

such acts, deeds and things necessary in connection with the submission of our Reponse to RfQ 

and mattersincidental thereto for the project, envisaging construction, operation and 

maintenance of [Insert name of Project], in the country of India, including signing and 

submission of all documents and providing information / bid to [Insert Name], representing us in 

all matters before [Insert Name], and generally dealing with [Insert Name] in all matters in 

connection with our Response to RfQ . 

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant 

to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall 

and shall always be deemed to have been done by us. 

1. For M/s--------------------------- 

--[Bidding Company/Lead 

Member] (signature of 




Name: 

Desingnation: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

Deleted: Bid 

Deleted: 

Deleted: bids 

Deleted: us 

Deleted: with or 

Deleted: 

Deleted: our bid 

Deleted: B 

Deleted: s 

Deleted: bid for the said Project

Accepted 

_________________(signature) 

(Name, Title and Address) 

of the Attorney 

Place: 

Date: 

Specimen signature of attorney attested(signature of notary public) 

Place: 

Date: 

Note: 

(2)---------------------- 

Name: 

Address: 

___________________________ 

(1) To be executed by the Bidding Company/Lead Member in case of a Consortium. 

Deleted: For 

Deleted: 

Deleted: all 

Deleted: s

(2) The mode of execution of the Power of Attorney should be in accordance with the 

procedure, if any, laid down by the applicable law and the charter documents of the 

executant(s) and when it is so required the same should be under common seal affixed in 

accordance with the required procedure. 

__(3) The Board Resolutions in support of affixation of the Common Seal and the Power of Attorney to 

be enclosed herewith. 

(4) In case of the Bidding Company/ Member being Foreign companies which are not required to 

maintain a common seal under the laws applicable in their jurisdiction, the same shall be 

accompanied by a legal opinion in this regard. 



Formatted: Body Text, Indent: Left: 

0", Hanging: 0.5", Space Before: 0 

pt, After: 0 pt 

Formatted: Body Text, Left, Indent: 

Left: 0", Hanging: 0.5"

ANNEXURE 9 

FORMATS FOR TECHNICAL AND FINANCIAL 

REQUIREMENT 

Annexure 9A Formats for Financial Requirements to be filled by Bidding 

company/ each Member in Bidding Consortium 

Annexure 9A1 Not Used 

Annexure 9A2 Format for Networth 

Annexure 9A3 Format for Annual Turnover 

Annexure 9B Formats for Financial Requirements for Consortium to be 

filled by Lead Member 

Annexure 9B1 Not Used 

Annexure 9B2 Format for Networth 

Annexure 9B3 Format for Turnover 

Annexure 9C Format for Technical Experience to be filled by Bidding 

Company/ Lead Member 

Annexure 9D Formats for Technical and Financial Requirement to be filled 

by Parents/Affiliates 

Deleted: Format for Internal Resource 

Generation 

Deleted: Format for Internal Resource 

Generation

ANNEXURE 9A 

To be filled by Bidding Company/Each Member in a 

Consortium 

FORMATS FOR FINANCIAL REQUIREMENT

Annexure 9A1 – NOT USED 

Deleted: FORMAT FOR 

FINANCIAL REQUIREMENT– 

INTERNAL RESOURCE 

GENERATION 

[on the letter head of Bidding 

Company/Each Member in a Bidding 

Consortium] 

To, 

[Insert name and address of 

Procurer/Authorised 

RepresentativeAuthorised Person as per 

Clause 2.6.1 of the RfQ ] 

 

Dear Sir, 

Sub: Response to Request for 

Qualification (RfQ) for Tariff Based 

Bidding Process for [Insert Name of the 

Project] dated [●] issued by [●] 

We certify that in terms of Clause 3.3.3 

of the RfQ the ________[insert name of 

the Bidding Company/Member in a 

Bidding Consortium] had Internal 

Resource Generation equal to at least Rs. 

[Insert amount as per Cclauses 2.1.3 (i) 

and 3.3.3of the RfQ ] Crore or equivalent 

US$ computed as five times the 

maximum internal resource generated 

based on audited annual accounts during 

any of the last five financial years. This 

Internal Resource Generation has been 

calculated in accordance with instructions 

provided in Cclause 2.1.3 of the RfQ. 

Exhibit (i): Applicable in case of Bidding 

Company 

For the above calculations, we have 

considered Internal Resource Generation 

of Bidding Company and/ or Parent/ 

Affiliate for the financial year* -----as per 

following details: 

Name of 

Company ... [44] 





Formatted: Font color: Auto 


pt 


pt 


pt 


Character scale: 100% 


pt 




FORMAT FOR FINANCIAL REQUIREMENT –NET WORTH 

[on the letter head of Bidding Company/Each Member in a Bidding Consortium] 

To, 

Dear Sir, 

[Insert name and address of Authorised Person as per Clause 2.6.1 of the RfQ] 

Annexure 9A2 

Sub: Response to Request for Qualification (RfQ) for Tariff Based Bidding Process for [Insert 

Name of the Project] dated [●] issued by [●] 

We certify that in terms of Clause 3.3.3 of the RfQ, the Bidding Company/Member in a Bidding 

Consortium had a minimum Networth of Rs.__________ [Insert amount as per Clause 2.1.3 (ii) 

of the RfQ) Crore or equivalent US$ based on audited annual accounts of any of the last three (3) 

financial years. This Networth has been calculated in accordance with instructions provided in 

Clause 2.1.3 of the RfQ. 

Exhibit (i): Applicable in case of Bidding Company 

For the above calculations, we have considered the Networth by Bidding Company and/ or its 

Parent/ Affiliates for the financial year ______ as per following details: 

Relationship with Bidding Company* 

Name of Company 

Company 1 

--- 

--- 

Total 

Parent/ Affiliate Networth (Rs. Crore) 

* The column for “Relationship with Bidding Company” is to be filled only in case the financial 

credential of Parent/Affiliate has been used for meeting Qualification Requirements and form 9D has to 

be filled for each of such companies. 

Exhibit (ii): Applicable in case of Bidding Consortium 

(To be filled by a maximum of 4 (four) Members in a Bidding Consortium, each separately) 

Name of Member: [Insert name of the Member] 

Networth Requirement to be met by Member in Proportion to the Equity 

Commitment: Rs._______-Crore (Equity Commitment (%) * Rs. [ ] Crore) 

For the above calculations, we have considered Networth by Member in Bidding Consortium 

and/ or Parent/ Affiliate for financial year ______ as per following details: 

Deleted: Procurer(s)/Authorised 

Representative 

Deleted: c 

Deleted: and 3.3.3 

Deleted: c 


Deleted: each


Company 1 

--- 

--- 

Total 

Relationship with Member* 

Parent/ Affiliate Networth (Rs. Crore) 





Chief Executive Officer/Managing Director/Manager* 

Signature and Stamp of 

Statutory Auditor 

(Please also affix common seal of Bidding Company/ Member in a Bidding Consortium) 

Date;: 

Note: 

1. * The above response sheet should be signed and certified as true by, the Manager of the Bidding 

Company/Lead Member and to be supported with (i) copy of the Board Resolution attested by a 

Company Secretary that the concerned person is appointed as a Manager as defined in the Companies 

Act, 1956 and (ii) certificate by the Company Secretary that the Bidding Company/Lead Member does 


In case of the Bidding Company/Lead Member being a foreign company, the same shall be signed by a 

person of equivalent position duly supported by a Board Resolution. 

1. Along with the above format, in a separate sheet, provide details of computation of 

Networth duly certified by Statutory Auditor. 

2. In case of the Bidding Company/ Member being Foreign companies which are not 

required to maintain a common seal under the laws applicable in their jurisdiction, the same shall be 


1. For M/s-------------------------- 

---[Bidding 

Company/Member] 

(signature of authorized 

reprensantive auhtorised vide 

Board Resolution Dated [●]) 








Deleted: 



Formatted: Footnote Text, Indent: 

Left: 0", First line: 0" 



Deleted: the Chief Executive 

Officer/Managing Director being a full 

time Director and Statutory Auditor of 

the Bidding Company or Member, in 

case of a Consortium 





Deleted: 2. 





Indent at: -0.5" 






Formatted

Name: 

Desingnation: 

Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address:

FORMAT FOR FINANCIAL REQUIREMENT – ANNUAL TURNOVER 


To, 

Dear Sir, 


Annexure 9A3 

Sub: Response to Request for Qualification for Tariff Based Bidding Process for [Insert Name of 

the Project] dated [●] issued by [●] 

We certify that in terms of Clause 3.3.3 of the RfQ the Bidding Company/Member in a Bidding 

Consortium had an Annual Turnover of Rs. [Insert amount as per Clause 2.1.3 (iii) of the 

RfQ ] Crore or equivalent US$ based on one of the last three years audited annual accounts. This 

Turnover has been calculated in accordance with instructions provided in Clause 2.1.3 of the 

RfQ. 

Exhibit (i): Applicable in case of a Bidding Company 

For the above calculations, we have considered Turnover by the Bidding Company and/ or 

Parent/ Affiliate for financial year ______ as per following details: 

Relationship with Bidding Company* Annual Turnover (Rs. 


Company 1 

--- 

--- 

Total 

Parent/ Affiliate 

Crore) 





( To be filled by a maximum of 4 (four) Members in a Bidding Consortium, each separately) 

Name of Member: [Insert Name of Member] 

Turnover Requirement to be met by Member in proportion to the Equity Commitment: Rs. 

__________ Crore (Equity Commitment (%) * Rs. [Insert amount as per Clause 2.1.3 (iii)]. 

For the above calculations, we have considered Turnover by Member in a Bidding Consortium 

and/ or Parent/ Affiliate for financial year ______ as per following details: 



Deleted: c 

Deleted: and 3.3.3 

Deleted: c 

Deleted: 


Deleted: each 


Deleted: c


Relationship with Member* 

Parent/ Affiliate 

Annual Turnover (Rs. 

Crore) 

Company 1 

--- 

--- 

Total 






Signature and stamp of Statutory Auditor 


Date;: 

Note: 

1. * The above response sheet should be signed and certified as true by by the Manager of 

the Bidding Company/Lead Member and to be supported with (i) copy of the Board Resolution attested 

by a Company Secretary that the concerned person is appointed as a Manager as defined in the 

Companies Act, 1956 and (ii) certificate by the Company Secretary that the Bidding Company/Lead 

Member does not have a Managing Director or a Chief Executive Officer. 

In case of the Bidding Company/Lead Member being a foreign company, the same shall be 

signed by a person of equivalent position duly supported by a Board Resolution 

2. Along with the above format, in a separate sheet, provide details of computation of 

Turnover duly certified by Statutory Auditor. 


required to maintain a common seal under the laws applicable in their jurisdiction, the same shall be 


1. For M/s-------------------------- Common Seal of M/s------ 


Deleted: 1. 







Indent at: -0.5" 








the Bidding Company or Member, in 

case of a Consortium. 



Deleted: 2. 

Formatted: Footnote Text, Outline 

numbered + Level: 1 + Numbering 

Style: 1, 2, 3, … + Start at: 1 + 

Alignment: Left + Aligned at: 0" + 

Tab after: 0.5" + Indent at: -0.5" 






---[Bidding 





Name: 

Desingnation: 




Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 

Deleted:

ANNEXURE 9B 

To be filled by Lead Member of the Bidding Consortium 

FORMATS FOR FINANCIAL REQUIREMENT

Annexure 9B1 – NOT USED 

Deleted: FORMAT FOR 

FINANCIAL REQUIREMENT– 

INTERNAL RESOURCE 

GENERATION 

[on the letter head head of Lead 

Member of the Bidding Consortium] 

To, 

[Insert name and address of Authorised 

Person as per Clause 2.6.1 of the 

RfQProcurer(s)/Authorised 

Representative] 

 

Dear Sir, 

Sub: Response to Request for 

Qualification (RfQ) for Tariff Based 

Bidding Process for [Insert Name of the 

Project] dated [●] issued by [●] 

We certify that the Bidding Consortium 

had Internal Resource Generation equal 

to at least Rs.--------- ___ [Insert amount 

as per Cclasue 2.1.3 (i) of the RfQ ] 

Crore or equivalent US$ computed as 

five times the maximum internal resource 

generated during any of the last five years 

audited annual accounts. This Internal 

Resource Generation has been calculated 

in accordance with instructions provided 

in Cclause 2.1.3 of the RfQ 

Name of Member Company in a 

Bidding Consortium 

 

 

 

 

(1) ... [45] 



Formatted

To, 

Dear Sir, 

FORMAT FOR FINANCIAL REQUIREMENT – NETWORTH 

[on the letter head of Lead Member in a Bidding Consortium] 


Annexure 9B2 



We certify that the Bidding Consortium had a minimum Networth of Rs. [Insert amount as per 

Clause 2.1.3 (ii) of the RfQ] Crore or equivalent US$ based on any one of the last three years 

audited annual accounts. This Networth has been calculated in accordance with the instructions 

provided in Clause 2.1.3 of the RfQ. 


Member in a 

Bidding 

Consortium 

(1) 

Equity 

Commitment 

(%) 

(2) 

Member 1 

--- 

--- 

Total Networth of the Bidding 

Consortium for Financial 

Networth 

Requirement to 

be met by 

Members in 

Proportion to 

the Equity 

Commitment 

(Rs. Crore) 

(3) 

Networth of 

Members* 

(4) 

[Not to be 

filled] 

Qualification Requirement 

*These figures should be based on the figures in Annexure 9A2 





(Please also affix common seal of Lead Member) 

Networth eligible to 

be counted 

(lower of (3) and (4) 



Deleted: c 

Deleted: c

Date: 

Note: 

1. * The above response sheet should be signed and certified as true by the Manager of the 

Bidding Company/Lead Member and to be supported with (i) copy of the Board 

Resolution attested by a Company Secretary that the concerned person is appointed as a 

Manger as defined in the Companies Act, 1956 and (ii) certificate by the Company 

Secretary that the Bidding Company/Lead Member does not have a Managing Director or 

a Chief Executive Officer. 

In case of the Bidding Company/Lead Member being a foreign company, the same shall 

be signed by a person of equivalent position duly supported by a Board Resolution . 


required to maintain a common seal under the laws applicable in their jurisdiction, the 

same shall be accompanied by a legal opinion in this regard. 

1. For M/s-------------------------- 

---[Lead Member] (signature 

of authorized reprensantive 



Name: 

Desingnation: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 

Deleted: ; 

Deleted: 1. 



Formatted: Footnote Text, 

Numbered + Level: 1 + Numbering 

Style: 1, 2, 3, … + Start at: 1 + 

Alignment: Left + Aligned at: 0.25" 

+ Tab after: 0" + Indent at: 0.5" 








the Lead Member 







First line: 0" 





Left: 0", First line: 0"

To, 

Dear Sir, 

Annexure 9B3 

FORMAT FOR FINANCIAL REQUIREMENT – ANNUAL TURNOVER 

[on the letter head of Lead Member in a Bidding Consortium] 




We certify that the Bidding Consortium had a Annual Turnover of Rs.________ [Insert amount 

as per Clause 2.1.3 (iii) of the RfQ] Crore or equivalent US$ based on one of the last three years 

audited accounts. This Turnover has been calculated in accordance with the instructions provided 

in Clause 2.1.3 of the RfQ. 

Name of Member 

in a Bidding 

Consortium 

(1) 

Equity 

Commitment (%) 

(2) 

Member 1 

--- 

--- 

Total Turnover of the Bidding 

Consortium for Financial Qualification 

Turnover 

Requirement to 

be met by 

Members in 

Proportion to the 

Equity 

Commitment (Rs. 

Crore) 

(3) 

Requirement 






Turnover of 

Members* 

(4) 

[Not to be 

filled] 

Turnover 

eligible to be 

counted 

(lower of (3) 

and (4) 



Deleted: c 

Deleted: c


Date;: 

Note: 


Bidding Company/Lead Member and to be supported with (i) copy of the Board 

Resolution attested by a Company Secretary that the concerned person is appointed as a 

Manager as defined in the Companies Act, 1956 and (ii) certificate by the Company 

Secretary that the Bidding Company/Lead Member does not have a Managing Director or 

a Chief Executive Officer. 


be signed by a person of equivalent position duly supported by a Board Resolution 


required to maintain a common seal under the laws applicable in their jurisdiction, the 

same shall be accompanied by a legal opinion in this regard. 

1. For M/s-------------------------- 





Name: 

Desingnation: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 

Deleted: 1. 



Formatted: Numbered + Level: 1 + 



0.25" + Tab after: 0" + Indent at: 

0.5" 











Formatted 

Formatted: Left

ANNEXURE 9C 

To be filled by Bidding Company/ Lead Member of 

the Bidding Consortium 

FORMATS FOR TECHNICAL REQUIREMENT

To, 

Annexure 9C 

FORMAT FOR TECHNICAL REQUIREMENT 

[on the letter head of Bidding Company/ Lead Member in a Bidding Consortium] 


Dear Sir, 



We certify that the Bidding Company/Lead Member has completed/commissioned the below 

mentioned projects in Core Sectors in the immediately preceeding 10 years whose aggregate 

capital cost is not less than Rs. ---------- [Insert amount as per Clause 2.1.4 of the RfQ] Crore. 

The capital cost of each of the projects mentioned herein is equivalent to or more than 0.025 Cr. 

or equivalent US$ per MW of the maximum capacity and the capital cost of at least one project 

completed/commissioned in the immediately preceeding 10 (ten) years is equivalent or more 

than Rs. --------- [Insert amount as per Clause 2.1.4 of the RfQ] Crores. This Technical 

Requirement has been calculated in accordance with instructions provided in Clause 2.1.4 of 

the RfQ and on the basis of following projects: 


Bidding 

Company/ 

Lead 

Member / 

or their 

respective 

Parent / 

Relationship 

with Bidding 

Company/Lead 

Nature 

of 

Project 

Cost 

(Rs. 

Date of 

Completion/ 

Sl 

Project 

No Affiliates Member* Name 

Project Crore) 

1. 

1 

2. 3. 4. 5. 6. 7. 

2 --- 

3 --- 

Total 

* The column for “Relationship with Bidding Company” is to be filled only in case the techincal 



Further, it is certified that [ insert name of companies as mentioned in column No. 2] have/has 

held at least 26% equity in the [insert name of the project mentioned in column no. 4] from the 

Financial Closure till the date of commissioning/completion of the corresponding project. 

OR 

commissioning 



Deleted: experience of developing 

Deleted: last 

Deleted: c 




Deleted: c 

Deleted: c 

Deleted: % of Equity held from the 

time of Financial Closure to the 

commissioning/completion of the 

Project by the company mentioned in 

column 2. 

Deleted: 5. 

Deleted: 6 

Deleted: 7 

Deleted: 8 

Deleted: Project 1 

Deleted: --- 

Deleted: --- 

Deleted: financial/ 

Deleted: capability

Further it is certified that [insert name of companies mentioned in column no. 2] have/has 

completed/commissioned the [insert the name of the project mentioned in column no. 4] on 

its/their own balance sheet. 





(Please also affix common seal of Bidding Company/ Lead Member) 

Date.: 

Note: * The above response sheet should be signed and certified as true by the Manager of the Bidding 

Company/Lead Member and to be supported with (i) copy of the Board Resolution attested by a 

Company Secretary that the concerned person is appointed as a Manager as defined in the 

Companies Act, 1956 and (ii) certificate by the Company Secretary that the Bidding 

Company/Lead Member does not have a Managing Director or a Chief Executive Officer. 


be signed by a person of equivalent position duly supported by a Board Resolution. 

In case of the Bidding Company/ Member being Foreign companies which are not required to 

maintain a common seal under the laws applicable in their jurisdiction, the same shall be 


1. For M/s-------------------------- 

---[Bidding Company/Lead 

Member] (signature of 




Name: 

Desingnation: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 









Deleted:

ANNEXURE 9D 

To be filled by Parents/Affiliate of the Bidding 

Company/ Member of the Bidding Consortium 

FORMATS FOR FINANCIAL AND TECHNICAL 

REQUIREMENT 

Deleted: Each

Annexure 9D 

[on the letter head of Parent / Affiliate/ whose financial and/ or technical credential has 

been taken as per Clause 3.3.4] 

To, 

Dear Sir, 




We certify that [Insert Name of the Company] is the Parent/ Affiliate of the [Bidding 

Company/Member in a Bidding Consortium] as per the provisions of the RfQ and that our 

Networth for the financial year___, and Turnover for the financial year ____is as given below. 

The said, Networth and Annual Turnover has been calculated in accordance with instructions 

provided in Clause 2.1.3 of the RfQ. 

Exhibit (i): Financial Parameters (as applicable) 

Parameter Rs. Crores Financial Year 

Networth 

Annual Turnover 

Exhibit (ii): Technical parameters (as applicable) 

We certify that [Insert Name of the Company] is the Parent/ Affiliate of the [Bidding 

Company/Member in a Bidding Consortium ]as per RfQ and that we have experience and have 

commissioned/completed projects in Core Sectors in the immediately preceeding last 10 years 

whose aggregate capital cost is Rs.---------- [Insert amount] Crore. The capital cost of each of the 

projects mentioned herein is equivalent or more than 0.025 Cr. or equivalent US$ per MW of the 

maximum capacity. This Technical Requirement has been calculated as per the instructions 

provided in the Clause 2.1.4 of the RfQ on the basis of following projects: 

Project 

Cost 

(Rs. 

Date of 

Completion/ 

commissioning 

Sl Project 

Nature of 

No Name 

Project Crore) 

1. 2. . 3. 4. 5. 

1 Project 1 

2 --- 

3 --- 


Deleted: c 



Deleted: Internal Resource Generation 

for the financial year _____ 


Deleted: c 

Deleted: Internal Resource Generation ... [46] 

Deleted: of developing 


Deleted: c 

Deleted: % of Equity held from the 

time of 

Financial Closure till the 

commissioning/completion of the 

Project by the company 

Deleted: 3 

Deleted: 4 

Deleted: 5 

Deleted: 6

Further, it is certified that we have held at least 26% equity in the [insert name of the project 

mentioned in column no. 2] from the Financial Closure to the time of 

commissioning/completion of the corresponding project. 

OR 

Further it is certified we have commissioned/completed the [insert the name of the project 

mentioned in column no. 2] on our own balance sheet 





(Please also affix common seal Parent/ Affiliate) 

Date: 

Note: 


Ultimate Parent/Parent/Affiliate (as the case may be) and to be supported with (i) copy of 

the Board Resolution attested by a Company Secretary that the concerned person is 


Company Secretary that the Ultimate Parent/Parent/Affiliate (as the case may be) does 


In case of the Ultimate Parent/Parent/Affiliate (as the case may be) being a foreign 

company, the same shall be signed by a person of equivalent position duly supported by a 

Board Resolution. 

2. Along with the above format, in a separate sheet, details of computation of Networth, and 

Annual Turnover duly certified by Statutory Auditor. 

3. In case of the Ultimate Parent/Parent/Affiliate (as the case may be) being Foreign 

companies which are not required to maintain a common seal under the laws applicable 

in their jurisdiction, the same shall be accompanied by a legal opinion in this regard. 

1. For M/s-------------------------- 

---[Parent/Affiliate] 



Deleted: [ insert name of companies in 

column No. 2] 

Deleted: /has 

Deleted: 4 

Deleted: ; 

Deleted: 1. 



Formatted: Numbered + Level: 1 + 



0.25" + Tab after: 0" + Indent at: 

0.5" 







the Parent/ Affiliate 

Deleted: 2. 

Formatted: Footnote Text, 

Numbered + Level: 1 + Numbering 

Style: 1, 2, 3, … + Start at: 1 + 

Alignment: Left + Aligned at: 0.25" 

+ Tab after: 0" + Indent at: 0.5" 











Name: 

Desingnation: 



Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address: 

Formatted 






Formatted: Left

100% 

ANNEXURE 10 

ILLUSTRATION OF AFFILIATES 

more than 50% 

Is under Direct common 

control with Bidder 

Is under Indirect common 

control with Bidder 

Indirectly Controls Bidder 

100% 

Controls directly Bidder 

more than 50% 

Bidder 

more than 50% 

Is Controlled directly by 

Bidder 

100% 

Is Controlled indirectly by 

Bidder 

Deleted: 26 


Formatted: Highlight 

Deleted: 26 

Formatted: Highlight 

Deleted: 26 


ANNEXURE 10 A 

MANNER OF CALCULATING DIRECT AND 

INDIRECT HOLDING 

“Direct Shareholding” shall be referred to as direct holding of shares by the Bidding Company 

or a Member in an entity. 

“Indirect Shareholding” is calculated by taking into account the pro rata percentage of the 

shares held by an entity in any company which holds equity in the Bidding Company or in a 

Member. 

For E.g.: 

If A, B, C and D form a SPV “E” with the shareholding in the ratio of 40%, 25%, 25% and 10%. 

X holds 50% in A, 20% in B and 20% in C, the indirect shareholding of X in E will be: 

On account of A = 50/100 * 40= 20 

On account of B = 20/100* 25= 5 

On account of C = 20/100 * 25 = 5 

Total indirect shareholding of X = 30% 




Deleted: 

Formatted: Justified

ANNEXURE 11 

FORMAT OF DISCLOSURE 

[On the letter head of Bidding Company/Each Member in a Bidding Consortium] 

To 

[Insert name and address of Auhtorised Person as per Clause 2.6.1 of the RfQ] 

Disclosure 

We hereby declare that the following companies with which we have direct or indirect 

relationship are also separately participating in this Bid Process as per the Request for 

Qualification dated [●] issued by [●] for Tariff Based Bidding Process for [Insert Name of the 

Project] as per following details 

S.No. Name of the Company Relationship 

1. 

2. 

3. 

In case there is no such company please fill in the column “name of the company” as Nil. 

Further we confirm that we don’t have any Conflict of Interest with any other company 

participating in this Bid Process. 


Chief Executive Officer/Managing 

Director/Manager* 

1. * The above disclosure should be signed and certified as true by the Manager of the 

Bidding Company/Lead Member and to be supported with (i) copy of the Board Resolution 

attested by a Company Secretary that the concerned person is appointed as a Manager as defined 

in the Companies Act, 1956 and (ii) certificate by the Company Secretary that the Bidding 

Company/Lead Member does not have a Managing Director or a Chief Executive Officer. 


be signed by a person of equivalent position duly supported by a Board Resolution 

Formatted: Left 

Deleted: / 

Deleted: p 

Deleted: b 

Deleted: p 






time Director of the Bidding Company or 

of the Member, in case of a Consortium). 






Annexure 12 

FORMAT OF DECLARATION 

[On the letter head of Bidding Company and Each Member in a Bidding Consortium, as 

the case may be] 

We, including any of our Parent/ Affiliate/ Ultimate Parent/ Group Company, have been awarded 

following UMPPs namely:. 

Sl. 

No. 

i) 

ii) 

iii) 

… 


UMPP 


Company 

Relationship with the 

Bidder (Parent Company/ 

Affiliate/ Ultimate Parent 

Company or any Group 

Company) 

Status of 

UMPPs 

We are enclosing the following documentary evidence towards supporting the above 

information: 

1. Latest Annual Return along with Form 20B under the Companies Act, 1956 (only in case 

of Company having UMPPs) 

2. Latest Annual Return along with Form 20B of the Parent/Affiliate/Ultimate Parent/Group 

Company (only in case of Company having no UMPPs). 

3. A Certificate from Statutory Auditor/Company Secretary of the Parent/Affiliate/Ultimate 

Parent/Group Company (as the case may be) with regard to shareholding pattern of the 

Company indicating the shareholding of the Bidder as on _______. (07 days prior to 

RFQ) 

4. Form 7B duly stamped and filed with the RoC (if applicable) 

{This annexure has to be submitted by all the Bidders irrespective of whether they have 

been awarded UMPPs or not} 

Signature* 

(Name & Designation)

*The above disclosure should be signed and certified as true by the Chief Executive Officer/ 

Managing Director being full time Director/ Manager** appointed as per the provisions of 

section 2(24) and 269 of the Companies Act, 1956, from the Bidding Company and each 

Member, in case of a Consortium. 

**Wherever the disclosure is signed by the Manager of the Company: 

(a) The Company should confirm through a copy of Board Resolution attested by Company 

Secretary that the concerned person is appointed as Manager as defined under the Companies 

Act, 1956 for the purpose in question, 

(b) The Company Secretary also certifies that the Company does not have a Managing Director 

or CEO.” 

The Declaration should be supported by the supporting Affidavit (notarized). The format of the 

supporting affidavit is provided here below:

[on the non-judicial stamp paper] 

A F F I D A V I T 

I, _______________ s/o _____________ (designation) of the _____ (name of the Company) 

solemnly affirm and declare that the contents of the above declaration signed by me are true and 

correct and nothing has been concealed thereof. 

I, further, declare that in case any information provided in the declaration form as per Annexure- 

12 are found incorrect our bid stands rejected. 

Verification 

DEPONENT 

[Person who is signing the Declaration Form – Annexure 12] 

I, _______________ s/o _____________ (designation) of the Company solemnly affirm and 

declare that the contents of the above declaration signed by me are true and correct to the best of 

my knowledge and belief and nothing has been concealed thereof. 

Date: 

Place: 

(notarized) 

DEPONENT 

Formatted: Centered

ANNEXURE 13 

FORMAT OF COMFORT LETTER 

(Procurer(s) to provide format acceptable to them)

Page 5: [1] Deleted Author 

should 

t 



value 


Distribution Licensee(s) 

t 



Bidder 


. with a notice period of 3 months 


bBidder 

t 



Distribution Licensee / 


/ Distribution Licensee(s) 


would 

c 

c 




p 

s 

t 




document 


document


Successful Bidder 


B 


D 


/ Distribution Licensee(s) 


document 


accordingly 


bid documents 



p 


documents 


are 



Bidder 


RfP 

t 



p 


p 


u


p 

Page 16: [9] Formatted Author 

Font: Times New Roman, Not Italic 


























Font: Bold 


= Equity paid up share capital 

Add: Reserves 

Subtract: Revaluation reserves 

Subtract: Intangible assets 

Subtract: Miscellaneous expenditures to the extent not 

written off and carry forward losses 


Not Highlight 


(not necessarily in the power sector)


last 


must not be less 



Not Highlight 


Not Highlight 


Out of these projects 


more 


p 

s 



Bid 


Bidder 

/ 


Page 16: [16] Deleted Author




such 


Font: Times New Roman, Not Bold 












Font: Times New Roman, Not Bold, Not Italic 




Bid 


mention 


should 



designated 


enquiries 



The Bidding Company/Bidding Consortium should submit a power of attorney, 

authorising the signatory of the Bid to commit the Bidder as per format provided 

in Annexure 8, along with submission of Bid 


At the RfP sStage, 

t 



should 


required 


requirements 

. 


clauses 



given 


is 


not allowed to 


I 


If 










Font: Times New Roman 




entertained 



c 


upon


being 


making 


application 



Not Highlight 

























Page 25: [29] Formatted Author

Outline numbered + Level: 6 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: 

Left + Aligned at: 0" + Tab after: 0.75" + Indent at: 0.75" 


Indent: Left: 0", Hanging: 0.75" 


(viii) Any request for change in composition of a Consortium or change 

fromBidding Company to Bidding Consortium or Change in Ownership has 

not been permitted by the Procurer/ Authorised Representative 


Bidding Company/ Bidding Consortium 


Bidding Company or Bidding Consortium 


THIS Joint Deed Agreement (“Agreement”) executed on this ___________________ 

day of ___________ Two thousand ___________., between M/s 

_______________________________________________ a Ccompany/Board 

incorporated under the laws of India and a Distribution Licensee under the Electricity Act 

2003 _____________________ and having its Registered Office at 

___________________________________ (hereinafter called the “Procurer-I1”, which 

expression shall include its successors, executors and permitted assigns) and M/s 

___________________________________ a Company/Board incorporated under the 

laws of India and a Distribution Licensee under the Electricity Act 2003 

___________________________________ and having its Registered Office at 

_____________________________________ (hereinafter called the “Procurer-2”, 

which expression shall include its successors, executors and permitted assigns), M/s 


laws of India and a Distribution Licensee under the Electricity Act 2003 


___________________________________ (hereinafter called the “Procurer-3”, which 

expression shall include its successors, executors and permitted assigns) and M/s 


laws of India and a Distribution Licensee under the Electricity Act 2003_ 


_____________________________________ (hereinafter called the “Procurer-4”, 

which expression shall include its successors, executors and permitted assigns), for the 

purpose of procurement of power on long term basis. 

WHEREAS, each Procurer individually can shall be referred to as the “Procurer” and all 

of the Procurers shallcan be collectively referred to as the “Procurers” in this 

Aagreement;

WHEREAS, the Procurer/Authorised Representative invited Response to RfQ Bids for 

vide its Bidding DocumentRfQ dated _______________. 

NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER : 

In consideration of the above premises and agreements all of the Procurers in this 

consortium do hereby mutually agree as follows: 

Any term used in capitals but not defined in this Agreement shall have the meaning as per 

the RfQ. 


Body of the Joint Deed Agreement shall incorporateclauses pertaining to following key 

principles: 

1. Willingness to procure power through the combined Bid process. 

2. The share of power to be procured by each Procurer. 

3. Agreement on the lead procurer and the task to be performed by the lead 

Procurer. 

4. Responsibility of each Procurer. 

5. Methodology of approval of the bid documents including the evaluation 

criteria, PPA provisions, payment security mechanism, amendment to the 

bid document and methodology for negotiation with the Selected Bidders 

by the Procurers. 

6. Undertaking that the tariff of the Selected Bidder based on the accepted 

Bidding process shall be binding on each Procurer. 

7. Undertaking to provide agreed Payment Security Mechanism as provided 

in the PPA by each individual Distribution Licensee corresponding to their 

share of power. 

8. Undertaking that the Successful Bidder in the event of payment default by 

the defaulting procurer shall not be debarred from sale of power to a third 

party of its proportionate share as provided in the PPA. 


This Joint Deed Agreement

has been duly executed and delivered on behalf of each Procurer hereto and 

constitutes the legal, valid, binding and enforceable obligation of each 

such Procurer, and 

sets forth the entire understanding of the Procurers hereto with respect to the 

subject matter hereof; 

Page Break 

IN WITNESS WHEREOF, the Procurers under this Agreement partners to the joint Deed 

agreement have, through their authorised representatives, executed these present and 

affixed Common Seals of their respective companies on the Day, Month and Year first 

mentioned above. 

1. Common Seal of M/s 

For M/s ________________________ 

(Procurer 1) 

____________________________________ (Signature of the authorised 

have been affixed in my/ representative) 


Board/Board of Directors Resolution Name 

dated 

Signature Designation 


For M/s _____________________________. 

(Procurer 2) 

_____________________________________ (Signature of the authorised 




dated 



For M/s _____________________________________. 

(Procurer 3) 




Board/Board of Directors Resolution Name

dated 



For M/s _____________________________________. 

(Procurer 4) 

Page Break 

_____________________________________. (Signature of the authorised 




dated 



ANNEXURE 3A 

UNDERTAKING UNDER CLAUSE 2.11.7 TO BE 

PROVIDED BY THE BIDDING COMPANY AND 

EACH MEMBER OF THE BIDDING CONSORTIUM 



Full Address: 



Fax / No.: 

To 


Sub: Undertaking under clause 2.11.7 of the RfQ 

We, [insert name of the Bidding Company/Member of the Bidding Consortium], hereby 

certify that no order / ruling has been passed by an Appropriate Commission or a 

Competent Court against us or our Parent/Affiliates for material breach of any contract

for supply of power having duration of contract in excess of one (1) year to any licensee 

in India. We further confirm that the bid security submitted by us or any of our 

Parent/Affiliates has not been forfeited either partly or wholly in any bid process under 

Case-1 or case -2 bidding procedure in the last five (5) years preceding the Bid Deadline. 

We hereby undertake that 

Iif at any stage of the bidding process, any such order / ruling is found to have been 

passed in the last five (5) years preceding the Bid Deadline by an Appropriate 

Commission or a Competent Court against any us Bidder (including any Member of the 

Consortium) or any of our its Parent/Affiliates for its material breach of any contract for 

supply of power having duration of contract in excess of one (1) year to any licensee in 

India, our bid Bids from such Bidders shall be liable to be rejected. 

All Bidders shall confirm in accordance with Annexure 3A that no such order / 

ruling has been passed by an Appropriate Commission or a Competent Court against it or its 

Parent/Affiliates. Each Bidder shall also confirm that the bid security submitted by the Bidder or 

its Parent/Affiliates has not been forfeited either partly or wholly in any bid process under Case- 

1 or case -2 bidding procedure in the last five (5) years preceding the Bid Deadline. 

Page Break 


and [Name of the Procurer Distribution Licensee 2)] a [Company/Board] incorporated 

under the [Company’s Act, 1956, and having its Registered Office at or constituted 

under Section-5 of the Electricity (Supply) Act,1948] or 


(hereinafter called the “Procurer”) 


In consideration of the Award of the Contract(s) by the Procurer/Authorised 

Representative to the Consortium


Partner-4 (the names of the partners to be filled in here) 


It is further understood that the entire execution of the Contract including payment shall 

be done exclusively by the Lead Member 


1. For M/s ___________________ 

(Partner Member 1 

authorsied vide to Board Resolution dated [●]) 


have been affixed in my/ 



representative) 

Board/Board of Directors Resolution 

dated 

Name 

Name Signature_____________________Designation 

Name:_________________Signature_______________________ 

Designation: 

2. For M/s _____________________________________. 







representative) 


dated 

Name 

Signature_____________________ Designation 

For M/s _____________________________________. 







representative)


dated 

____ 

Signature_____________________ 

____ 

Name_________________________ 

Designation____________________ 

For M/s _____________________________________. 



4. Common Seal of M/s_______________ 





Name_________________________ 

____ 

dated 

Signature_____________________ 

Designation____________________ 

____ 


FORMAT FOR FINANCIAL REQUIREMENT– INTERNAL RESOURCE 

GENERATION 


To, 

Dear Sir, 

[Insert name and address of Procurer/Authorised RepresentativeAuthorised Person 

as per Clause 2.6.1 of the RfQ ] 

Sub: Response to Request for Qualification (RfQ) for Tariff Based Bidding Process for 

[Insert Name of the Project] dated [●] issued by [●] 

We certify that in terms of Clause 3.3.3 of the RfQ the ________[insert name of the 

Bidding Company/Member in a Bidding Consortium] had Internal Resource Generation 

equal to at least Rs. [Insert amount as per Cclauses 2.1.3 (i) and 3.3.3of the RfQ ] Crore 

or equivalent US$ computed as five times the maximum internal resource generated 

based on audited annual accounts during any of the last five financial years. This Internal 

Resource Generation has been calculated in accordance with instructions provided in 

Cclause 2.1.3 of the RfQ.

Exhibit (i): Applicable in case of Bidding Company 

For the above calculations, we have considered Internal Resource Generation of Bidding 

Company and/ or Parent/ Affiliate for the financial year* -----as per following details: 

Five times the 

Relationship with Internal Resource Internal Resource 


Bidding Company** Generation (Rs. Generation (Rs. 

Company 

Company 1 

--- 

--- 

Total 

Parent/ Affiliate Crore) 

Crore) 

* shall be the same year for the Bidding Company and/ or its Parent/ Affiliate 

** The column for the “Relationship with Bidding Company” is to be filled only in case the 

financial capabilitycredential of the Parent/Affiliate has been used for meeting Qualification 

Requirement and form 9D has to be filled for each of such companies. 


(To be filled by a maximum of each 4 (four) Members in a Bidding Consortium, each 

separately) 

Internal Resource Generation Requirement to be met by [insert name of the Member] in 

proportion to the Equity Commitment: Rs. Crore (Equity Commitment (%) * Rs. 

[Insert amount as per Cclause 2.1.3 (i) ]. 

For the above calculations, we have considered Internal Resource Generation by Member 

in Bidding Consortium and/ or Parent/ Affiliate for financial year ______* as per 

following details: 

Name of Member:- [Insert Name of Member] 

Name of Relationship with Internal Resource 

Company 

Company 1 

--- 

--- 

Total 

Member** Generation (Rs. Crore) 

* shall be the same year for the Member and/ or its Parent/ Affiliate 

Five times the Internal 

Resource Generation 

(Rs. Crore) 

** The column for the “Relationship with Bidding CompanyMember” is to be filled only in case 

the financial capabilitycredential of the Parent/Affiliate has been used for meeting Qualification 

Requirements and form 9D has to be filled for each of such companies.



Signature and stamp of Statutory Auditor 


Date;: 

Note: 

1. * The above response sheet should be signed and certified as true by the 

Chief Executive Officer/Managing Director/ being a full time Director and 

Statutory Auditor of the Bidding Company or Member, in case of a Consortium. 

the Manager of the Bidding Company/Lead Member and to be supported with (i) 

copy of the Board Resolution attested by a Company Secretary that the concerned 

person is appointed as a Manager as defined in the Companies Act, 1956 and (ii) 

certificate by the Company Secretary that the Bidding Company/Lead Member 

does not have a Managing Director or a Chief Executive Officer. 

In case of the Bidding Company/Lead Member being a foreign company, the 

same shall be signed by a person of equivalent position duly supported by a Board 

Resolution 

2. Along with the above format, in a separate sheet, provide details of 

computation of Internal Resource Generation duly certified by Statutory Auditor. 

In case of the Bidding Company/ Member being Foreign companies which are not 

required to maintain a common seal under the laws applicable in their jurisdiction, 

the same shall be accompanied by a legal opinion in this regard. 

1. For M/s-------------------------- 

---[Bidding 





Name: 

Desingnation: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)----------------------

Name: 

Address: 


FORMAT FOR FINANCIAL REQUIREMENT– 

INTERNAL RESOURCE GENERATION 

[on the letter head head of Lead Member of the Bidding Consortium] 

To, 

Dear Sir, 

[Insert name and address of Authorised Person as per Clause 2.6.1 of the 

RfQProcurer(s)/Authorised Representative] 

Sub: Response to Request for Qualification (RfQ) for Tariff Based Bidding Process for 

[Insert Name of the Project] dated [●] issued by [●] 

We certify that the Bidding Consortium had Internal Resource Generation equal to at 

least Rs.--------- ___ [Insert amount as per Cclasue 2.1.3 (i) of the RfQ ] Crore or 

equivalent US$ computed as five times the maximum internal resource generated during 

any of the last five years audited annual accounts. This Internal Resource Generation has 

been calculated in accordance with instructions provided in Cclause 2.1.3 of the RfQ 

Equity Internal 

Internal 

Resource 

Name of Commitment Resource Generation of 

Member (%) 

Generation Members (Rs. 

Company in a 

Requirement to Crore)* 

Bidding 

be met by 

Consortium 

Members in 

Proportion to 

the Equity 

Commitment 

(Rs. Crore) 

(1) 

Member 1 

--- 

--- 

(2) 

(3) 

(4) 

Total Internal Resource 

Generation of Consortium for 

Financial Qualification 

Requirement 

[Not to be filled] 


Internal Resource 

Generation eligible to be 

counted 

(lower of (3) and (4)) 

(5)






Date;: 

Note: 

1. * The above response sheet should be signed and certified as true by the 

Manager of the Bidding Company/Lead Member and to be supported with (i) copy of the Board 

Resolution attested by a Company Secretary that the concerned person is appointed as a Manager 

as defined in the Companies Act, 1956 and (ii) certificate by the Company Secretary that the 

Bidding Company/Lead Member does not have a Managing Director or a Chief Executive 

Officer. 


be signed by a person of equivalent position duly supported by a Board Resolution the 

Chief Executive Officer/Managing Director being a full time Director and Statutory Auditor of 

the Lead Member. 

In case of the Bidding Company/ Member being Foreign companies which are not 

required to maintain a common seal under the laws applicable in their jurisdiction, the same shall 

be accompanied by a legal opinion in this regard. 

1. For M/s-------------------------- 





Name: 

Desingnation: 





Witnesses: 

(1)----------------------- 

Name: 

Address: 

(2)---------------------- 

Name: 

Address:


Internal Resource Generation

RfQ - Ministry of Power

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