REQUEST FOR PROPOSAL DOCUMENT - Punjab …peda.gov.in/main/pdf/SETTING UP OF 1MW CAPACITYEQUIVALENT...REQUEST FOR PROPOSAL DOCUMENT FOR SETTING UP OF 1MW CAPACITY/EQUIVALENT TO 12000

REQUEST FOR PROPOSAL DOCUMENT

FOR

SETTING UP OF 1MW CAPACITY/EQUIVALENT TO 12000 CUM BIOGAS PER DAY- BIOGAS BASED POWER GENERATION /

BIO CNG PLANT FROM THE CATTLE DUNG AT TAJPUR DAIRY COMPLEX, LUDHIANA

ON

BUILD, OPERATE & OWN (BOO) basis in the State of Punjab (as per provisions of State NRSE Policy-2012)

Punjab Energy Development Agency

Solar Passive Complex Plot No. 1 & 2, Sector 33 - D, Chandigarh

(Tel No. 0172 - 2663328, 2663382, Fax. No. 0172-2664402, 2662865

Email: [email protected])

APRIL,2015

mailto:[email protected]

Hydel/tajpur 2015 April/DNIT-Tajpur

Page 2

Punjab Marching Towards Clean Energy

Punjab Energy Development Agency Solar Passive Complex Plot No. 1 & 2, Sector 33-D, Chandigarh

Ph.: 0172-2663328, 2663382 Fax: 0172-2662865 Website : www.peda.gov.in

E-tender notice no. PEDA/ET/2015-16/BIO-CNG/1012 REQUEST FOR PROPOSALS (RFP)

Punjab Energy Development Agency, the state nodal agency for promotion and development of New

and Renewable Energy Projects in the State of Punjab invites offers from the interested project

developers to participate in the selection process for setting up of Biogas Power / Bio CNG from

Biogas Project near Tajpur Dairy Complex, Ludhiana, on Build Operate & Own (BOO) basis. The

detailed terms and conditions, scope of work, eligibility criteria, selection process, Performance

Guarantee, manner and place of submission of Bids etc. are given in the RfP document, which can be

downloaded from the www.etender.punjabgovt.gov.in. or www.peda.gov.in The important information

and bidding schedule is as under:

1. Bidding schedule & Earnest Money Deposit

Date of Sale of e-Bid Document

Date of Pre-bid meeting Last date and time for submission of e-bid

Date and time of opening of Technical e-bids

27th

April’2015 at 5:00 PM

6th

May’ 2015 at 12.00 noon

18th

May’2015 by 3.00 PM 19th

May’2015 at 12.30PM

Cost of RFP document & Bid Processing charges

Non-refundable RFP Document fee Rs. 5,000/- and Non-refundable Bid evaluation charges Rs. 50,000/- through IPG / RTGS mode only to be paid at the time of uploading of bid. The above said total amount of Rs. 5000+50000=Rs.55000/- should be deposited together in one column, specified in the RFP document.

E-Processing Fee Non-refundable e- processing fee Rs. 2,247/- through IPG / RTGS mode only.

Earnest Money Deposit

Earnest Money @ Rs. 5,00,000/- (Five Lakhs only ) upto 1 MW be deposited through IPG / RTGS/ /Bank Guarantee mode.

2. Prospective Project Developers are requested to remain updated for any notices,

amendments/modifications/ clarification etc. to RfP document conditions, in the website

www.etender.punjabgovt.gov.in or www.peda.gov.in only. No separate notifications will be given for

such notices, amendments / modifications / clarifications etc., in the print media (press) or

individually.

3. For participating in the above e-tendering process, the bidders shall have to get themselves

registered with etender.punjabgovt.gov.in and get user ID and Password. Class-3 Digital

Signature is mandatory to participate in the e-tendering process. For any clarification/difficulty

regarding e-tendering process flow, please contact PEDA at 0172-2648004, 98156-02615,

9815328505, 9876051885, 85588-70510 or Infotech at 0172-3934667, 92572-09340, 80546-

28821

4. Technical / Financial Bid Forms in RfP are for reference purposes only. Bidders have to download

the Bid Forms from e-tendering website (www.etender.punjabgovt.gov.in) only after payment of RfP

document cost.

5. PEDA, reserve the right to accept or reject any or all the bids and also annul the entire bidding

process without assigning any reason thereof.

CHIEF EXECUTIVE

http://www.peda.gov.in/

http://www.etender.punjabgovt.gov.in/






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TABLE OF CONTENTS:

Section Contents Page No.

Glossary 6

Disclaimer 8

Section - 1 Introduction and Back Ground 9-28

PEDA Invite to Invest in Biogas Power Generation / Bio CNG Plant in the State of Punjab – The Land for Exiting Opportunities

10

Punjab at Glance 11

1.0 Introduction 12

1.1 Waste to Energy 15

1.2 Background 16

1.3 Fiscal Assistance / Benefits Available for NRSE Projects under NRSE Policy 2012

18

1.4 Detail of Site for which the Bid invited 19

1.5 Technology 20

1.6 Tariff 20

1.7 Submission of Proposals and Selection of Bidders 21

1.8 Time Schedule 23

1.9 Bidding Formats 26

1.10 Correspondence for enquiries and clarifications 28

Section - 2 Definitions 29-38

2.0 Definitions 30

Section - 3 Information and Instruction to Bidders 39-69

3.0 Information and Instruction to Bidders 40

3.1 Obtaining RfP Document and Processing Fees 44

3.2 Submission of Bids 45

3.3 Number of Response to RfP by a Company 45

3.4 Qualification Requirements 45

3.5 Short – listing of Projects 54


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3.6 Selection of Bidders 54

3.7 Implementation Agreement and Facilitation Service

Charges

54

3.8 Supplementary Agreements 55

3.9 Submission of Response to RfP by Bidder by Uploading Documents and Online Filling and Submission of Summary Data Sheets on E – Tender Website.

56

3.10 Bidder Notification 59

3.11 Due Date 62

3.12 Participation in E - Bidding 62

3.13 Method of Submission 62

3.14 Validity of the Response to RfP 63

3.15 Preparation Cost 63

3.16 Enquiries / Clarification 63

3.17 Right of PEDA to Reject / Accept a Bid 64

3.18 Bank Guarantees 64

3.19 Minimum Equity to be held by the Promoter 66

3.20 Financial Closure or Project Financing Arrangements

67

3.21 Commissioning 67

3.22 Project Implementation Schedule 68

Section - 4 Evaluation Criteria 70-72

4.1 Evaluation Process 71

Section - 5 Role of PEDA/ Municipal Corporation Ludhiana 73-74

5.1 Role of PEDA as a Project Facilitator 74

5.2 Role of Municipal Corporation Ludhiana 74

Section - 6 Format for Bid Submission 75-121

6.0 Formats and supporting documents for Bid Submission

76

6.1 Format for Covering Letter 78


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6.2 Format for Power of Attorney 83

6.3 Format for Performance Bank Guarantee 86

6.3 A Format for Bank Guarantee for EMD 91

Appendix A Check List for Bank Guarantees 95

6.4 Formats for Board Resolutions 97

6.5 Consortium Agreement 101

6.6 Format for Financial Requirement 107

6.7 Format for Technical Criteria (for information only) 111

6.8 Format for Disclosure 113

6.9 Format for Submission of share offered on Biogas Production

114

6.10 Format for Declaration for Bidders 115

6.11 Format for Declaration for Bidders 116

6.12 A Summary Data Sheet Part 1 A (Qualification) 117

6.12 B Summary Data Sheet Part – I B (Techno Commercial)

119

Annexure - 1 Technical Specifications of Civil & Electrical works 122

Annexure - 2 List of Banks – Scheduled Commercial Banks 123

Annexure - 3 Implementation Agreement 124

Annexure - 4 Tripartite Agreement 125

Annexure-5 Land Lease Agreements 126

Annexure-6 Letter of Dairy Complex Association Regd. Tajpur

Road, Ludhiana

127

Annexure-6 Key Plan of Site Advertised in this RFP Document

and Photograph of the proposed project site

128

Annexure-8 State NRSE Policy-2012 130


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GLOSSARY

Abbreviations Details

AC Alternating Current

BOO Build, Operate & Own

BG Bank Guarantee

BPD Biogas Project Developer

CCA Controller of Certifying Authorities

CERC Central Electricity Regulatory Commission

CLU Change of Land Use

DC Direct Current

E - Bid Electronic Bid

EDC External Development Charges

EMD Earnest Money Deposit

E - NIT Electronic Notice Inviting Tender

ETDC Electronics Test and Development Center

FY Financial Year

GLADA Greater Ludhiana Area Development Authority

IA Implementation Agreement

IEC International Electrotechnical Commission

IEGC Indian Electricity Grid Code

Im Maximum Current

IPG Internet Payment Gateway

ISO International Organization for Standardization

I - V Current - Voltage

IT & C Information Technology and Communications

kV Kilo Volt

kWh Kilo Watt Hour

LoA Letter of Award

LLC Limited Liability Company


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Abbreviations Details

LLP Limited Liability Partnership

MCL Municipal Corporation Ludhiana

MoU Memorandum of Understanding

MU Million Units

MW Mega Watt

MNRE Ministry of New & Renewable Energy,GOI

NRSE New and Renewable Sources of Energy

NOC No Objection Certificate

PAT Profit After Tax

PBG Performance Bank Guarantee

PEDA Punjab Energy Development Agency

PPA Power Purchase Agreement

PPCB Punjab Pollution Control Board

PSERC Punjab State Electricity Regulatory Commission

PSPCL Punjab State Power Corporation Limited

RfP Request for Proposal

ROC Registrar of Companies

RTGS Real Time Gross Settlement

RTU Remote Terminal Unit

SLDC State Load Despatch Center

SPV Special Purpose Vehicle

TPA Tripartite Agreement

Vm Maximum Voltage


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DISCLAIMER

1. This Request for Proposal RfP No. PEDA/ET/2015-16/BIO

CNG/1012 document is not an agreement or offer by the

PEDA to the prospective Bidders or any other party. The

purpose of this RfP is to provide the information to the

interested parties and to assist them in formulation of Bid.

This RfP is based on material and information collected /

provided by Municipal Corporation, Ludhiana / in public

domain.

2. While this RfP, has been prepared in good faith, neither the

PEDA, their 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 herein, or the accuracy, completeness or reliability

of information, and shall incur no liability under any law,

statue, rules or regulations as to the accuracy, reliability or

completeness of this RfP, even if any loss or damage is

caused by any act or omissions on their part.

3. PEDA reserves the right to, cancel and / or change the e -

bidding process at any stage without assigning any reasons.

PEDA, reserves the right to reject any or all of the bids

received at its discretion, without assigning any reasons

whatsoever.


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Section 1

INTRODUCTION & BACKGROUND


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PEDA INVITES BIDS TO INVEST IN BIOGAS POWER

GENERATION / BIO CNG PLANT FROM BIOGAS AT TAJPUR

DAIRY COMPLEX IN LUDHIANA CITY IN THE STATE OF

PUNJAB - THE LAND OF EXCITING OPPORTUNITIES

The Punjab State has notified the NRSE Policy 2012, under

which a slew of benefits for encouraging investment in NRSE

Projects have been provided.

Punjab’s New Industrial Policy is investment friendly and the

state has taken a lead in creating business and investment

opportunities.

Opportunities for exploiting Biogas Power Potential in Punjab.

Well developed Power Evacuation and Grid Interconnection

facilities by Utility.

Bankable Power Purchase Agreements.

An attractive package of fiscal benefits.

Easy access by Road / Rail / Air.

Well developed road network within the state.

Investment friendly climate with peaceful and safe environment.

Excellent telecommunication facilities.

Well established Rural Electrification Network.


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PUNJAB AT A GLANCE

S.NO. ITEM UNIT

1 Area 50, 362 Sq. Kms.

2 Location N. Latitude 29°- 43’ to 32°- 23’ E. Latitude 74°- 03’ to 76°- 49’

3 Divisions 5

4 Districts 22

5 Blocks 142

6 Total no. of Inhabited villages

12581

7 Population (2011 Census) 2,77,04,236

8 No. of Tubwells (as on 31.3.2012)

13.82 lac

9 Literacy (as per 2011 census)

Male – 82.60% Female – 73.04%

10 Rainfall Average annual rainfall varies from 25 cm to 100 cm

11 Climate Winter 3°C - 20°C Summer 21°C - 45°C

12 Major Rivers Beas, Satluj, Ravi

13 Major Cities Ludhiana, Jalandhar, Amritsar, Patiala, Mohali, Bathinda, Faridkot and Ferozpur, etc.


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1. INTRODUCTION

i) RFP - This Request for Proposal (RFP) Document is

prepared for inviting e-bids for development of Power

Generation / Bio CNG from Biogas plant on BOO basis

from the cattle dung at Tajpur Dairy Complex, Ludhiana.

The bids are being invited for installing Biogas power/

Bio CNG Plant as per decision of the Government as

stipulated in the Minutes of Meeting dated 28.5.2014

held under the chairmanship of Hon’ble Chief Minister

Punjab (Item 1.4) circulated by Punjab Pollutiion

Control Board vide letter no. 33998 dated 26.7.2014 and

Minutes of Meeting dated 1.7.2014 Item 1(iv) held under

the chairmanship of Hon’ble Chief Minister Punjab

circulated vide Punjab Pollution Contorl Board letter no.

31089-102 dated 10.7.2014. Being the NRSE Project,

the State NRSE Policy notified by the State Government

vide notification no. 10/174/2012/STE(3)/4725 dated

December 26, 2012 is applicable on this project also.

ii) Project - Tajpur Diary Complex, Tajpur road

Ludhiana.

Tajpur Dairy Complex is situated on Ludhiana

Tajpur road in Ludhiana city. 220 dairies are in


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existence having total cattle population of 18698

as on date as intimated by Dairy Complex

Association, Tajpur Road, Ludhiana vide letter

dated 10.10.2014 (Annexure-6). About 250

metric ton of cattle dung per day is available from

the available cattle population as on date. Land

measuring 2.50 acre shall be provided by Greater

Ludhiana Area Development Authority (GLADA)

on long term token lease basis in Sector-32

Samrala road near Tajpur Dairy Complex to

PEDA which will be subsequently sub leased to

successful Bidder/Developer for setting up this

Biogas Power / BIO CNG project.

iii) Need for the Project in Tajpur Dairy Complex. –

Currently most of the dairies dump their dung on the

roads where it lies in open there and some of the big

dairies are washing out the dung and urine washing into

the Budha Nallah which in turn discharges into Satluj

river. As described above these discharge carry an

appreciable organic load and would only results in the

deterioration of the river water quality apart from

releasing methane in the atmosphere. Such type of

discharge into the drain is against the pollution norms

and highly objectionable which require’s scientific

disposal of the same.


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iv) The objectives of the Bio Power Generation Plant /

Bio CNG from Biogas Plant are to:

a) Ensure environmentally safe disposal of cattle excreta

from dairies and prevent degradation of soil and

pollution of water.

b) Produce electricity / Bio CNG from the cattle excreta

generated in the dairies.

c) If feasible, use such other biomass as is available in the

nearby area and is suitable for use in combination with

cattle excreta for the production of electricity / Bio CNG

with the condition that firstly entire cattle excreta is to

be used of the Tajpur Dairy Complex to the plant

capacity and if not sufficient to run the plant at its

designed capacity then can be arranged from outside.

d) If feasible, use heat energy in industry as it will be

produced alongside electricity.

e) To produce, as a by product, organic manure for use in

agriculture

Punjab Energy Development Agency (PEDA)

Punjab Energy Development Agency (PEDA) under the Deptt. of

Non-Conventional Energy Sources(NCES), Govt. of Punjab, is a

Nodal Agency for propagating the objectives of New and

Renewable Sources of Energy in the State of Punjab including


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Solar, Mini hydro, Biomass / Agro - waste / cattle dung based Power

Plant / Bio CNG Power Plant. PEDA has undertaken various

programmes for the promotion and popularization of these sources.

Comprehensive studies undertaken by PEDA have led to the

identification of various potential sources of energy. Within a short

span, PEDA has made headway in the following fields:

Power generation from small hydro’s

Biomass / Bagasse Cogeneration

Power generation from Biomass / agro-residue

Power generation from solar energy

Power generation / Bio CNG from Urban & Municipal Waste

Solar Photovoltaic systems

Energy Conservation in various user sectors

Solar Passive Architecture

With the purpose to exploit the energy potential from Cattle dung

and to reduce the pollution, PEDA float the Expression of Interest

to invites the private developers / companies to set up Biogas

based Power Generation / Bio CNG Plant from the cattle dung at

Tajpur Dairy Complex, Ludhiana.

1.1 WASTE TO ENERGY

The increasing industrialization, urbanization and changes in the

pattern of life, which accompany the process of economic growth,

give rise to generation of increasing quantities of wastes leading to

increased threats to the environment. In recent years, technologies


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have been developed that not only help in generating substantial

quantity of decentralized energy but also in reducing the quantity of

waste for its safe disposal.

The Ministry of New & Renewable Energy(MNRE), Govt. of India, is

promoting all the Technology Options available for setting up

projects for recovery of energy from urban wastes. In developed

countries, environmental concerns rather than energy recovery is

the prime motivator for waste-to-energy facilities, which help in

treating and disposing of wastes. Energy in the form of biogas, heat

or power is seen as a bonus, which improves the viability of such

projects. While incineration and biomethanation are the most

common technologies, pyrolysis and gasification are also emerging

as preferred options. A common feature in most developed

countries is that the entire waste management system is being

handled as a profitable venture by private industry or non-

government organizations with tipping fee for treatment of waste

being one of the major revenue streams. The major Advantages for

adopting technologies for recovery of energy from urban wastes is

to reduce the quantity of waste and net reduction in environmental

pollution, besides generation of substantial quantity of energy.

1.2 Background:

PEDA’s Biogas Power Project at Haibowal Dairy Comlex, Ludhiana.

Some facts of the first plant established in Punjab at the Dairy

Complex at Haebowal in Ludhiana are provided here. It is not to


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limit in any way the choice of the bidder in making the assessment

of the source of energy, apart from dairy dung, such as other

wastes from mandis, that can be used jointly with the cattle dung, in

selecting the technology or the components or their specifications to

be adopted or power generation potential/Bio CNG from Biogas

etc.

S. No Item

1. Place of installation

Haebowal, Ludhiana

2. Date of Commissioning October 2004

3. Implementing Agency

Punjab Energy Development Agency, Chandigarh

4. Technology

BIMA of M/s ENTEC, Austria

5. Technology Institution for supervision

Chemical Engg. Deptt., Indian Institute of Technology, Roorkee

6. Consultant involved

M/s Enkem Engineers Pvt. Ltd., Chennai

During last decade, the Ministry of New & Renewable Energy is

implementing several demonstration projects in the area of high rate

biomethanation processes. The main objective of these projects is

to demonstrate various technologies for the conversion of different

types of wastes into energy, which can eventually lead to generation

of electrical power. The "Waste to Energy Conversion Plant" at

Haebowal, Ludhiana, is one of them, which utilizes cattle

waste/manure for the generation of 1 MW of electricity, and highly

nutrient rich organic fertilizer. It is important to mention here that this

project has been setup as one of the demonstration subproject


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under UNDP/GEF assisted Project on High Rate Biomethanation

Processes being executed by the MNRE. Punjab Energy

Development Agency (PEDA) is the implementing agency and own

the facility. There are number of dairies in Haebowal complex, and

the project requires only 235 ton/day of waste; and project is

running successfully.

1.3 Fiscal Assistance / Benefits Available for Developers under the

NRSE Policy 2012:

a. 100% electricity duty for power consumed from State licensee

during construction and testing of the project shall be waived.

b. Octroi on NRSE fuels to be used for energy generation and

NRSE devices / equipment / machinery for NRSE Power Projects

shall be fully exempted. Similarly Octroi on self - consumption of

power by captive power plants in the same premises or thru

wheeling by open access to same group companies shall also be

exempted.

c. To promote usage / generation from NRSE, manufacturing &

sale of NRSE devices / systems and equipments / machinery

required for NRSE Power Projects shall be exempted from Value

Added Tax (VAT) and any cess there upon.

d. 100% Exemption from entry tax in respect of all supplies

(including capital goods, structure and raw materials) made for

setting up and trial operations of the projects.


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e. 100% exemption from payment of fee and stamp duty for

registration / lease deed charges for the land required for the

project.

f. Agricultural land shall be allowed for setting up of Renewable

Energy Power Projects in the state and no Change of Land Use

(CLU), External Development Charges (EDC) / or any other

charges / fees for the same shall be payable.

g. Wherever the required land belonging to local bodies/

panchayats is available, the State would encourage the local

bodies/ panchayats to provide the land for NRSE projects on the

terms and conditions specified in para 4 (i) of NRSE Policy-2012

under the heading (4. Fiscal Assistance by Govt. of Punjab) i.e.

Rs. 1.50 lac per annum per site for the useful life period of the

project as per CERC norms plus construction period say 3 years

in the present RFP case for a total period of 20+3=23 years.(20

years is the useful life of the project) which may be extended on

mutual consent. The period of 23 years can be curtailed down if

the installed machines/plant become redundant or the agreement

is terminated.

1.4 Detail of Site for which the Bids are invited:

Tajpur Dairy Complex, Tajpur road Ludhiana on the land

measuring 2.5 acre approximately to be provided by Greater

Ludhiana Area Development Authority (GLADA) to PEDA at

Sector-32 Samrala road near Dairy Complex, on long term


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token lease basis to subsequently sub leased to the successful

bidder / developer for setting up of this project, as per the site

plan enclosed at Annexure-7.

1.5 Technology:

The Bidder is free to choose any type of technology for production

of biogas from the cattle excreta and other such type of biomass to

be used in the project for power generation / Bio CNG from biogas

conforming to the standard norms approved by MNRE,GOI / BIS

Specifications for Bio CNG as per specifications IS 16087: 2013

confirming to the prevailing laws as applicable.

1.6 Tariff:

Particulars Levelised Fixed Cost Rs./Kwh

Variable Cost (FY 2015-16) Rs. /Kwh

Applicable Tariff Rate, (FY 2015-16) Rs. / kWh

Benefit of Accelerated Depreciation, If availed, Rs. / kWh

Net Levellised Tariff (upon adjusting for Accelerated Depreciation benefit) (if availed) Rs. / kWh

Biogas Power Project

3.57 4.29 7.86 0.26 7.60

Table 1: CERC Tariff for FY 2015-16 for Biogas based generation.

Note:

i. PSERC adopts the CERC RE tariff for Biogas based Power

Projects as per historical precedence. The tariff finally approved

by PSERC for the Biogas based Projects for financial year 2015-

16 will be applicable for this project.


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ii. Project Commissioing Year Tariff (as per scheduled year of

commissioning) shall be applicable to the bidders as declared by

PSERC in line with the guidelines and regulations of

PSERC/CERC.

iii. MNRE,GOI, Subsidy: Admissible subsidy from MNRE,GOI, for

such type of projects will be availed by the Project Developer as

per Govt. of India norms.

1.7 Submission of Proposal and Selection of Bidders:

Proposals against RfP are invited through e - bidding system for

selection of bidders and to be submitted online in electronic formats

in www.etender.punjabgovt.gov.in.

Sr. No. Description Details

1. RfP No. PEDA/ET/2015-16/BIO CNG/1012

2. Bid Document Fee

through IPG / RTGS

(Non - Refundable)

AND

Bid – Processing Fee

through IPG / RTGS

mode

(Non – Refundable)

Rs. 5,000.00 (Rupees Five Thousand Only)

and Rs. 50,000/- (Rupees Fifty Thousand

Only) respectively to be deposited together

in the specified one column.

3. E- Processing Fee

through IPG / RTGS

(Non - Refundable)

Rs. 2247/- (Rs Two Thousand Two Hundred

Forty Seven only)


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Sr. No. Description Details

4. Earnest Money Deposit

(EMD)

Upto 1 MW – Rs. 5,00,000 (Rupees Five

Lac only) per site.

in the form of Bank Guarantee (BG) or

through RTGS/IPG mode to be submitted at

the time of RfP, valid for 210 days from last

date of submission. Scanned copy of the

BG to be uploaded online and the original

BG along with bank confirmation letter in

sealed envelope to be submitted before

opening of the techno-commercial Part I of

the bid.

The validity of EMD will be extended up till

the time when performance guarantee is

submitted at the time of signing of

Implementation Agreement.

5. Performance Bank

Guarantee (PBG)

Rs. 20,00,000/- (Rupees Twenty Lac Only)

per MW in the form of Bank Guarantee

(BG) or through RTGS/IPG mode to be

submitted at the time of signing of

Implementation Agreement (IA) valid for a

period of 24 months from the date of signing

of IA.

6. Validity of Proposal 180 days after the date of opening of techno

commercial Part I of the bid.

Table 2: Issuance and submission of RfP


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Selection of Bidders:

The bidding process is based on taking as 12000 cum of biogas

production per day for the bidding purpose and the bidder who

offers the highest share in PAISA per cum of biogas produced

which will go to Punjab Energy Development Agency(PEDA), shall

be the successful bidder. However this share is payable on the

actual biogas produced after the project is completed and is payable

on monthly basis at the end of the month.

1.8 Time Schedule:

Sr. No. Events Date & Time Location

1. Date of uploading /

publishing of e- NIT

27.4.2015 at 5.00 PM

www.etender.punj

abgovt.gov.in 2 Date of Pre-bid meeting 6.5.2015 at 12.00 noon

2. Last date & time for

submission of Processing

Fee (Non Refundable),

EMD through IPG/RTGS

mode only, Formats and

Technical Bid and Financial

Bid though E- Bid (Part – I

& Part II)

18.5.2015 upto 3.00PM

3. Date and Time of Opening

of techno commercial e-bid

19.5.2015 at 12.30 PM

Table 3: Bid Time Schedule


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Guidelines for Bid Submission:

1. The bidders are requested to submit their bids prior to last date of

submission in order to avoid any technical problems in accessing

the website at last moments for any reason whatsoever. The last

date of submission of bids shall not be extended on such accounts.

2. Bidder shall submit both techno - commercial and financial bids

online in electronic formats.

3. (i) The bidder will have to deposit non refundable Bid document fee,

E- Processing fee and Bid processing fee to PEDA through IPG /

RTGS mode.

(ii) The bidder will have to deposit prescribed cost of EMD to PEDA

through IPG / RTGS mode or upload scanned copy of BG as

per format 6.3 A and the original along with bank confirmation

letter in sealed envelope to be submitted physically before

opening of techno commercial bid (Part I).

4. In case of any discrepancy between numerical digits and words, the

words shall be considered for evaluation of the bid.

5. No Deviation / conditionality if any shall be accepted in the bids

(Part I & Part II). Such bids will be rejected.

6. The bidders shall provide complete information at the time of

submission of bid. However, if the bidders are asked to furnish any

clarification / confirmation, they shall furnish the same within

specified time failing which the bid shall be finalized / decided on the

basis of available information. If disqualification as a result of non


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submission / delay in furnishing the desired information / documents

happens then PEDA in no way shall be held responsible.

7. The RfP can be downloaded from web site

www.etender.punjabgovt.gov.in Details of this notification can also

be seen in RfP exhibited on website www.peda.gov.in but bids are

to be submitted online in electronic format only on website

www.etender.punjabgovt.gov.in.

8. The complete bid documents and formats shall be uploaded on

www.etender.punjabgovt.gov.in in time as per checklist provided

with the RfP. The checklist along with relevant page nos. should

also be submitted with the bid.

9. The bidders who are interested in bidding can download bid

documents from www.etender.punjabgovt.gov.in up to the stipulated

date & time free of cost.

10. Bidders who wish to participate in this RfP will have to register on

www.etender.punjabgovt.gov.in (bidders already registered on

www.etender.punjabgovt.gov.in, need not to register again for this

RfP). To participate in online bids, Bidders will have to procure

Class 3 Digital Signature Certificate as per requirement under

Information Technology Act - 2000 using which they can sign their

electronic bids and also get USER ID and PASSWORD.

For any clarifications / difficulty regarding e-tendering process flow,

please contact on PEDA at 0172-2668004, 9815602615,

8558870510 or 0172-3934667, 9257209340, 8054628821,

9876051885, 9815328505.




Page 26


Page 27

1.9 BIDDDING FORMATS:

List of formats / documents to be submitted online shall be duly

signed digitally by Authorized Signatory.

Single Stage Bid:

1. Part – I A: (Qualification)

i. Bid Document Fee (Non Refundable)

ii. E – bidding processing fee (Non refundable)

iii. Bid Processing Fee (Non Refundable)

iv. Earnest Money Deposit as per format 6.3 A.

v. Summary Sheet for Part – I A as per format 6.12 A

2. Part – I B: (Techno – Commercial Documents / Formats)

i. Covering Letter as per format 6.1;

ii. Power of Attorney as per format 6.2;

iii. Performance Bank Guarantee (to be submitted at the time of

signing of IA) as per format 6.3;

iv. Board Resolutions as per format 6.4;

v. Consortium Agreement (in case of consortium) as per format

6.5;

vi. Financial Requirements as per format 6.6;

vii. Technical Criteria as per format 6.7 (for information only);

viii. Disclosure Agreement as per format 6.8;

ix. Declaration from Biding Company/Lead Member of the

bidding Consortium for acceptance of terms and conditions

mentioned in RfP, IA and TPA documents as per format 6.10.


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x. Declaration by the Biding Company/Lead Member of the

bidding Consortium having visited the site and understanding

the availability of raw material for biogas production discharge

as per format 6.11

xi. Summary Sheet as per format 6.12 B

xii. Memorandum and Article of Association (MoA) of the bidding

company;

xiii. Share holding pattern of the company;

xiv. Last three years audited balance sheets or annual reports;

If the bidder uses data of last five years in case of internal

resource generation, then supporting documents for the

last five years.

xv. A certificate from Chartered Accountant certifying the

relationship with the bidder where the financial capability of

the Group/Affiliate/Parent has been used to meet the

qualification requirement.

3. Part – II: Price Bid

Price Bid as per format 6.9 .

Note:

1. The RfP shall contain an Index in the beginning denoting bid

documents and their respective page nos. in chronological order.

2. All documents submitted online should be in PDF Format only.

3. All the required information shall be furnished strictly in

prescribed Formats only. Any information other than the

prescribed Formats shall not be entertained. The bid shall be


Page 29

evaluated on the basis of information furnished in the prescribed

Formats.

4. PEDA retains the right to seek any / all the documents in original

or copy thereof duly attested by Notary for verification, in physical

form on short notice of three days from any bidder for verification.

5. Bidders must check that the documents and scanned copies

have been properly uploaded. The entire responsibility of

uploading the data / files / documents is that of the bidder. Non

submission / improper uploading / corrupted files shall hamper

the evaluation process. Bidders are requested to use antivirus

system / clear machines in their own interest.

1.10 Correspondence for enquiries and clarifications:

All correspondence, clarifications in respect of the RfP and

submission of the Bid shall be addressed to:

Director,

Punjab Energy Development Agency, Solar Passive Complex Plot No. 1 & 2, Sector 33-D, Chandigarh, Tel: 0172 – 2648004, 2667005 Fax: 0172 –2662865 Email: [email protected] Contact Person: Director, Punjab Energy Development Agency,

Chandigarh



Page 30

Section 2

DEFINITIONS


Page 31

2. Definitions

―Appropriate Commission‖ shall mean the CERC or the PSERC

or the Joint Commission referred to in Section 83 of the Electricity

Act 2003, as the case may be.

―Affiliate‖ shall mean a company that, directly or indirectly,

i. controls, or

ii. is controlled by, or

iii. is under common control with, a Company developing a Project

or a Member in a Consortium developing the Project and control

means ownership by one company of at least 26% (twenty six

percent) of the voting rights of the other company.

―Bid‖ shall mean the Techno commercial Bid and Pricel Bid

submitted by the Bidder, in response to this RfP, in accordance with

the terms and conditions hereof.

"Bidder" shall mean Bidding Company or a Bidding Consortium

submitting the Bid. Any reference to the Bidder includes Bidding

Company / Bidding Consortium / Member of a Bidding Consortium

including its successors, executors and permitted assigns and Lead

Member of the Bidding Consortium jointly and severally, as the

context may require;

"Bidding Company" shall mean a company incorporated in India

or outside India, LLPs and LLCs whether incorporated in India or


Page 32

outside India that has submitted the response in accordance with

the provisions of this RfP; the Bidding Company and Project

Company can be same or separate.

"Bidding Consortium" or "Consortium" shall mean a maximum

of three Bidding Companies that has collectively submitted the bid

in accordance with the provisions of this RfP.

―Bio CNG‖ means confirming to BIS specifications as per IS

16087: 2013 (MNRE,GOI guidelines). Biogas means the total raw

biogas produced at the project location.

― BPD‖ Biogas Project Developer

―CERC‖ shall mean the Central Electricity Regulatory Commission

constituted by the Govt. of India under Electricity Act’2003.

―CERC approved tariff‖ shall mean the tariff notified by CERC for

Biogas based Generation for F.Y. 2014-15.

"Chartered Accountant" shall mean a person practicing in India or

a firm whereof all the partners practicing in India as a Chartered

Accountant(s) within the meaning of the Chartered Accountants Act,

1949;

"Company" shall mean a corporate body incorporated in India

under the Companies Act, 1956;


Page 33

―Conflict of Interest‖ A Bidder may be considered to be in a

Conflict of Interest with one or more Bidders participating in the

same bidding process under this RfP if they have a relationship with

each other, directly or indirectly through a common company /

promoters / directors, that puts them in a position to have access to

information about or influence the Bid of another Bidder;

―Consents, Clearances and Permits‖ shall mean all

authorizations, licenses, approvals, registrations, permits, waivers,

privileges, acknowledgements, agreements, or concessions

required to be obtained from or provided by any concerned authority

for the purpose of setting up of the generation facilities.

―Contracted Capacity‖ shall mean the power (AC) in MW

contracted between the Hydro Power Developer and the PSPCL at

the interconnection point/ metering point.

―Electricity Act 2003‖ shall mean the Electricity Act, 2003 and any

rules, amendments, regulation, notifications, guidelines or policies

issued there under from time to time.

―Existing Bidding Company‖ shall mean the company

incorporated on or before 31.3.2013.


Page 34

"Financial Closure or Project Financing Arrangements" means

arrangements of necessary funds by the Project Developer either by

way of commitments of funds by the company from its internal

resources and / or tie up of funds through a bank / financial

institution by way of sanction of a loan.

"Force Majeure conditions" means any event or circumstance

which is beyond the reasonable direct or indirect control and without

the fault or negligence of the Biogas Project Developer (BPD) and

which results in Biogas Project Developers (BPD) inability,

notwithstanding its reasonable best efforts, to perform its obligations

in whole or in part and may include rebellion, mutiny, civil unrest,

riot, strike, fire, explosion, flood, cyclone, lightening, earthquake, act

of foreign enemy, war or other forces, theft, burglary, ionizing

radiation or contamination, Government action, inaction or

restrictions, accidents or an act of God or other similar causes and

as specifically to be detailed out in I.A and/or in PPA for the

purposes of respective agreements.

―Generation‖ shall mean the generation in KwH at generator

terminals.

―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


Page 35

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 at least 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 Project Company or a

Member of the Consortium developing the Project.

"Inter - connection Point / Metering Point" shall mean the point

at which 11 kV or 66 kV power evacuation line connects with the

Outdoor Yard (ODY) of the Project at the H-pole (In case of 11 kV) /


Page 36

jumpers connecting the first tower (In case of 66 kV). Metering shall

be done at this interconnection point.

"Lead Member of the Bidding Consortium" or "Lead Member"

There shall be only one Lead Member, having committed

shareholding more than 50% in the Bidding Consortium. The share

holding pattern of the company / consortium shall not be changed

for at least one (1) year from the date of Commissioning of the

Project;

"Letter of Award" or "LoA" shall mean the letter issued by Punjab

Energy Development Agency (PEDA) / Municipal Corporation

Jalandhar, to the Selected Bidder for award of the Project.

"Limited Liability Partnership" or "LLP" shall mean a company

incorporated under the Companies Act 1956;

―Limited Liability Company‖ or "LLC" shall mean Limited Liability

Company registered under the respective statutes applicable in the

country of its origin.

"Member in a Bidding Consortium" or "Member" shall mean

each Bidding Company who is a part of Bidding Consortium.

― MCL‖ Municipal Corporation Ludhiana

―Net applicable tariff‖ means the tariff arrived after adjusting for

accelerated depreciated benefit as stated by PSERC/CERC in its

RE tariff for F.Y. 2014-15.


Page 37

―Newly Incorporated Bidding Companies‖ means the

companies which has been incorporated and has not completed a

single year of operation as on the date of techno commercial bid

opening.

―Paid up Share Capital‖ shall include Paid up equity share capital

and fully, compulsorily and mandatorily convertible preferences

shares and fully, compulsorily and mandatorily convertible

debentures.

"Parent Company" shall mean a Company, which holds at least

26% Paid Up Share Capital either directly or indirectly in the Bidding

Company or in a Member of a Consortium developing the Project. In

case, the Parent Company is a foreign company, the Parent

Company can hold 100% equity in the bidding company.

―Power Purchase Agreement (PPA)‖ shall mean the agreement

to be executed between PSPCL and the Biogas Project Developer

pursuant to which the Biogas Project Developer shall supply power

to PSPCL, with a tariff derived after bidding process valid for a

period of 20 years from the date of commissioning.

"Project" shall mean 1 MW Capacity / Equivalent to 12000 cum

Biogas per day Biogas based Power Generation / Bio CNG Plant

from the Cattle Dung at Tajpur Dairy Complex, Ludhiana, including

civil structures, electrical and mechanical plant and equipment, 11

kV / 66 kV switch yard including transformer, breaker, CT/PTs,

wave traps, structures, isolators etc. , dedicated telephone lines,


Page 38

telephone and wireless system, components, appurtenants,

communications, access road off the village road, foot paths,

carriage ways, etc. located at approved and allocated area at Tajpur

Dairy Complex, Ludhiana, in the State of Punjab.

―Punjab State Grid Code‖ shall mean the State Grid Code

specified under clause (h) of sub – section (1) of section 86 of the

Electricity Act 2003.

"Project Company" shall mean the Company incorporated by the

successful Bidder under the Companies Act, 1956.

―Project Site‖ shall means the land on which the project is

proposed to be set up. The Project site is located at Tajpur Dairy

Complex, Ludhiana on the land to be provided by GLADA in the

state of Punjab.

―PSERC‖ shall mean the Punjab State Electricity Regulatory

Commission constituted by Govt. of Punjab under Section 17 of the

Electricity Regulatory Commission Act, 1998 vide its Notification

dated 31.03.1999 to discharge the duties and perform the functions

specified under Section 22 of the Act;

―PSERC Approved Tariff‖ shall mean the tariff notified by PSERC

for Biogas based Generation for FY 2014-15.

―PSPCL‖ means Punjab State Power Corporation Limited.


Page 39

―RfP‖ Shall mean Request for Proposal Document.

―Saleable units‖ shall mean the net energy units sold/billed to

PSPCL from the biogas power project at the Interconnection Point.

―Scheduled Commissioning Date‖ means the actual

commissioning date of respective unit(s) of the power Project where

upon the Biogas Project Developer starts injecting power from the

power Project to PSPCL grid / production of Bio CNG.

"Selected Bidder or Successful Bidder" shall mean the Bidder

selected pursuant to this RfP to set up the Project and supply

electrical energy as per the terms of PPA / producers Bio CNG as

per terms of IA;

―Statutory Auditor‖ shall mean the auditor of a Company

appointed under the provisions of the Companies Act, 1956 or

under the provisions of any other applicable governing law;


Page 40

Section 3

INFORMATION AND INSTRUCTION TO BIDDERS


Page 41

3. INFORMATION AND INSTRUCTIONS TO BIDDERS

I. Tajpur Dairy Complex is situated on Ludhiana Tajpur road in

Ludhiana city. 220 dairies are in existence having total cattle

population of 18698 as on date as intimated by Dairy Complex

Association, Tajpur Road, Ludhiana vide letter dated 10.10.2014

(Annexure-6). About 250 metric ton of cattle dung per day is

available from the available cattle population as on date. Land

measuring 2.50 acre shall be provided by Greater Ludhiana Area

Development Authority (GLADA) on long term token lease basis

in Sector-32 Samrala road near Tajpur Dairy Complex to PEDA

which will be subsequently sub leased to successful

Bidder/Developer for setting up this Biogas Power / BIO CNG

project.

II. The Biogas Power / Bio CNG project is to be implemented on the

land to be provided by GLADA.

III. The project capacity is proposed to be taken as 1MW at this

location / Bio CNG from Biogas from 12000 cum biogas per day.

IV. The above said capacity for 12000 cum biogas per day is for the

bidding purpose, however final capacity can be the same or as per

the Detailed Project Report to be prepared by the successful

bidder.


Page 42

V. The entire available cattle excreta including urine washings from

Tajpur Dairy Complex,Ludhiana, shall be first utilized by the

developer at this proposed project for biogas generation and

subsequently for power generation or bio CNG or both. If there is

any shortfall in the required quantity, the developer is free to

collect dung from the adjoining areas / outside areas and can also

use other materials like poultry droppings agro waste biomass etc.

from which biogas can be generated to achieve the design capacity

of this project.

VI. Developers are free to use any type of technology for biogas

generation and subsequently can go for power generation or bio

CNG or as hybrid unit.

VII. Project Developer will have to be pay land lease money equal to

the amount charged by GLADA as token lease or as per provisions

of NRSE Policy-2012 i.e. Rs. 1.50 lac per annum to PEDA

whichever is more the same will be forwarded by PEDA to GLADA.

VIII. The project developer has to pay Rs. 100/- per metric ton of dung

to the Dairy Owners who will be supply dung to the project

developer at plant site with annual escalation of 5% on the basic

price of Rs. 100/-. If the project developer will collect and transport

the dung from dairy premises to his plant site, then there will be no

charges payable to the dung owners by the project developer.


Page 43

IX. Dung liquid / urine washing comings from the drains will be

collected by the project developer by constructing sump as per the

suitability / site conditions for pumping the same into his project for

biogas generation.

X. Project Developer is required to design the project in such a way

that entire urine washings / dung liquids coming from the dairies

alongwith dung has to be utilized in the proposed project for biogas

protection and is required to select the technology accordingly.

XI. Bidders are advised to visit the project site / dairy complex and

adjoining areas for making the assessment of raw material and

other site conditions first hand at their own before quoting their

bids.

XII. The DPR is required to be submitted by the Developer within two

months from allotment / Letter of Award

XIII. All the statutory/non-statutory clearances required for the project

shall have to be obtained by the Developer. However, PEDA and

MCL will facilitate in obtaining these clearances from the

concerned departments/authorities.

XIV. The developers shall strictly adhere to the implementation schedule

as per Clause 3.24. The company / developer shall commission the

project within 720 days from the Effective Date i.e. date of signing

of Implementation Agreement in line with ―Project Implementation


Page 44

Schedule‖ as per Clause 3.24. The developer shall make all out

efforts to commission the project as per schedule of commissioning

provided in this RFP Document. However, in case, there is delay in

commissioning of the project due to reasons not attributable to the

company / developer, PEDA may consider extension in scheduled

date of commissioning of the project on submission of documentary

evidence by the company and the scheduled date of

commissioning shall be extended after approval of competent

authority.

XV. Conditional bids are liable to be rejected.

XVI. Being a NRSE Project, all terms & conditions of NRSE Policy-2012

of Punjab Govt. and any amendment / addendum thereof will be

applicable.

XVII. The terms and conditions for implementation of the project shall be

formalized through signing of Implementation Agreement by the

successful bidder with PEDA including signing of Tripartite

Agreement amongst Project Developer, PEDA, MCL and Dairy

Owners for dung supply, land lease agreement between PEDA and

GLADA and subsequently sub lease between PEDA and Project

Developer and Power Purchase Agreement (PPA) between

Project Developer and PSPCL in case of power to be sold to

PSPCL.

XVIII. Most important - The bidding process is based on taking as

12000 cum of biogas production per day for the bidding

purpose and the bidder who offers the highest share in

PAISA per cum of biogas produced which will go to PEDA,


Page 45

shall be the successful bidder. However this share is payable

on the actual biogas produced after the project is completed

and is payable on monthly basis at the end of the month.

XIX. PEDA will charge 0.5% facilitation charges of the Project Cost

as per Detailed Project Report(DPR) which will be deposited

by the Project Developer after approval of the DPR but before

signing of the Implementation Agreement for facilitating the

project activities.

XX. The nearest sub station of PSPCL (66KV) is on Chandigarh road

about 2 km from proposed site.

3.1 Obtaining RfP Document & Processing Fees

a) RfP document can be downloaded free of cost by the bidder from the

website www.etender.punjabgovt.gov.in.

b) Prospective bidders interested to participate in the bidding process are

required to upload their proposal by paying following fees:

i) Bid Document Fee of Rs. 5,000/- (Rupees Five thousand only)

ii) E- Processing Fee of Rs. 2247/- (Rupees Two Thousand Two hundered

and Forty Seven Only)

iii) Bid Processing fee of Rs. 50,000/- (Rupees Fifty Thousand Only) per

site.

All above fees are non refundable and payable online through IPG /

RTGS mode.



Page 46

NOTE :

The RfP document for studying by the prospective bidders can be

downloaded free of cost from the e-tendering website, PEDA website.

However, bid document fee of Rs. 5,000/- (non-refundable) is to be paid

by the bidder for downloading the Technical and Financial Bid sheets

(Excell formats) along with bid processing fee of Rs. 50,000/- (non-

refundable).

3.2 Submission of Bids

Bidders may submit response to RfP for development of Biogas Power

Projects under NRSE Policy-2012. Response to RfP has to be submitted

as per the terms & conditions of this RfP.

3.3 Number of Response to RfP by a Company

The RfP document for studying by the prospective bidders can be

downloaded free of cost from the e-tendering website, PEDA website.

However, bid document fee of Rs. 5,000/- (non-refundable) is to be paid

by the bidder for downloading the Technical and Financial Bid sheets

(Excell formats) along with bid processing fee of Rs. 50,000/- (non-

refundable).

3.4 Qualification Requirements

The Bidder independently or on the basis of the financial capability of its

Affilate(s)/Group/Parent should meet the Qualification Requirements

specified for Internal Resource Generation, Net Worth, Annual Turnover,

given below.


Page 47

A. Companies Eligible for Participation:

(i) A company incorporated in India under the Companies Act 1956

(ii) A company incorporated outside India

(iii) Limited Liability Partnership and Limited Liability Companies

(iv) Bidding Consortium of maximum three Bidding Companies

B. Technical Criteria:

The bidders are free to use any type of successful established

technology for biogas production and its usage subsequently for

power generation and / or Bio CNG. The bidders are required to have

technical experience of having developed, executed and

commissioned biogas, biomass or waste to energy projects with

capacity of minimum 1MW. EPC companies having executed and

commissioned such projects are also eligible for bidding. Bidders

without technical experience can also participate in the bidding having

firm technical collaboration / agreement with the companies/institutions

having technical expertise in the field.

For the above said purpose bidders are required to submit the

necessary documents in support of their technical experience as listed

above alongwith their techno-commercial e-bids in the prescribed

format 6.7 – Format for Technical Criteria and copy of collaboration

agreement in the case of tie with the companies/institutions.

.


Page 48

C. Financial Criteria

1. Newly Incorporated Bidding Companies:

The Bidding Company / Bidding Consortium relying solely on its own

credentials, where the annual accounts have not been prepared, only

net worth has to be met. The Net Worth requirement for such

companies / consortium shall be minimum of Rs. 2.00 Crore per MW

and should be met as on day not more than seven days prior to the

date of submission of e-bid by the bidding Companies / Consortium. To

demonstrate fulfillment of this criteria, the Bidder shall submit a

certificate from a Charted Accountant certifying the Net Worth on the

date not more than seven days prior to submission of e - bid along

with a certified copy of balance sheet, profit & loss account, schedules

and cash flow statement supported with the Bank Statement.

(Note: For the Qualification Requirements, if data is provided by the

Bidder in foreign currency, then the Net Worth Certificate from

Chartered Accountant, certified copies of Balance Sheet, Profit and

Loss Account, Schedule and Cash flow statement and supported with

bank statement shall be converted in INR by using TT buying rate of

such foreign currency as declared by State Bank of India and

prevailing on the date of closing of the accounts for the respective

financial year.

If the response to RfP is submitted by a Consortium the Net Worth

requirement shall be met collectively by all the Members in the Bidding

Consortium. The Net Worth requirement to be met by each Member of


Page 49

the Consortium shall be computed in proportion to the equity

commitment made by each of them in the Project Company. For

computation of Net Worth of member’s methodology as provided in

para 2 (ii) below shall be followed.

Any successful Bidder, who is not a Company under Companies Act

1956, shall incorporate a Project Company. Any Consortium, if

successful, shall form a Project Company with equity participation by

the Members in line with consortium agreement (to be submitted along

with RfP) before signing the IA. i.e. the Project Company incorporated

shall have the same Shareholding Pattern as given at the time of RfP.

The share holding of the Lead Member holding more than 50% of the

voting rights shall not change from the submission of e – bid upto One

Year after the commissioning of the Project. However, in case of any

change in the shareholding of the other shareholders (other than the

Controlling Shareholder including Lead Member) after signing of IA,

the arrangement should not change the status of the Controlling

Shareholder and the lead member in the Project Company at least up

to one year after the commissioning of the Project. Further, such

change in shareholding would be subject to continued fulfillment of the

financial and technical criteria, by the project company.

The Bidder may seek qualification on the basis of financial capability

of its Affilate(s)/Group/Parent for the purpose of meeting the

Qualification Requirements.

Note: (i) Whether or not financial resources of Affilate(s)/Group/ Parent

are relied upon to achieve the required Net Worth, the required Net


Page 50

Worth has to be infused in the Project Company before signing of IA.

The bank statement starting from the date of submission of bid till date

will also be required to be submitted before signing of IA. A copy of

Allotment Return filed with ROC for registering the shareholding and its

terms & conditions must also be submitted at the time of submission of

bid and before signing of IA.

2. Existing Companies:

(i) Internal Resource Generation: Rs. 75,00,000/- (Rupees Seventy

Five Lacs Only) per MW or equivalent US$* per MW of the capacity,

computed as five times the maximum internal resources generated

during any of the last five years business operations.

Above financial parameters shall be defined and computed in following

manner:

- 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)

Provided, when 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 exiting loan, such repayment of


Page 51

existing loan shall not be considered for the purposes of

computation of Internal Resources Generation.

(ii) Net Worth: Rs. 100,00,000/- (Rupees One Crore Only) per MW or

equivalent US$* per MW of the capacity. The computation shall be

derived from any of the last three year’s annual accounts.

Net Worth:

= Paid up share capital

Add: Free Reserves

Subtract: Revaluation Reserves

Subtract: Intangible Assets

Subtract: Miscellaneous Expenditures to the extent not

written off and carry forward losses.

(iii) Annual Turnover: Rs. 3,00,00,000/- (Rupees Three Crore Only) per

MW or equivalent US$* per MW of the capacity. The computation

shall be derived from any of the last three year’s annual accounts.

Annual Turnover: Annual Gross Sales

Subtract: Excise Duty + Sales Tax + Service Tax + Any other tax

included in the turnover.

For the purposes of meeting financial requirements, only

unconsolidated audited annual accounts for the last 3 (three) years

shall be considered. However, consolidated audited annual accounts


Page 52

of the Bidder may be used for the purpose of financial requirements

provided the Bidder has at least twenty six percent (26%) equity in

each Company whose accounts are merged in the audited

consolidated account and provided further that the financial capability

of such companies (of which accounts are being merged in the

consolidated accounts) shall not be considered again for the purpose

of evaluation of any other Bid.

The computation of Internal Resource Generation, Net Worth and

Annual Turnover shall be based on un-consolidated audited annual

accounts of the Company / Consortium. The Bidder would thus be

required to submit annual audited accounts for the last three financial

years (or if the period of existence of the Company is less than three

Years, then starting from the year of incorporation) 2011-12, 2012-13

and 2013-14 (or Calendar Years 2011, 2012 and 2013 or the

accounting years as adopted by the Company and acceptable as per

the laws of the respective Country) while indicating the year which

should be considered for evaluation. To demonstrate fulfillment of the

criteria, the Bidder shall submit a certificate from a Chartered

Accountant certifying the availability of Internal Resource Generation,

Net Worth and Annual Turnover along with a certified copy of balance

sheet, profit & loss account, schedules and cash flow statement

supported with the Bank Statement.

The share premium will form an integral part of Net Worth provided it is

realized in cash or cash equivalents.


Page 53

For individuals / Directors, Association of Person, Partnership firm,

Companies incorporated under section 25 of the Company Act, 1956

etc. net worth will not be considered for computation of bidders Net

Worth.

In case of application by one company for multiple projects total

cumulative capacity applied by the Company shall be considered for

the purpose of Internal Resource Generation, Net Worth and Annual

Turnover.

In case of Project Developer being 100% owned subsidiary of another

limited company, the financial criteria of parent company will be

considered subject to submission of documents of Board Resolution of

Parent Company.

In case the Parent Company is a foreign company, The Parent

Company can hold 100% equity in the bidding company. Once

selected the Net Worth has to be brought into the bidding company

before signing of IA.

The bidding company will be allowed to implement the project through

special purpose vehicle (100% subsidiary of the bidding company)

subject to the SPV shall be formed under Companies Act 1956 before

signing of IA.

The supporting documents such as copy of accounts for last 3 (three)

years, Internal Resource Generation, Net worth and Annual Turnover

Certificate from a practicing C.A. must be submitted along with RfP

documents.


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D. Connectivity with the Grid

(i) The plant and its switch yard should be designed for inter -

connection with PSPCL at voltage level of 11 kV (up to 2.5 MW

capacity) or 66 kV (above 2.5 MW capacity). The Project Developer

shall liase with the PSPCL appropriately so as to enable the PSPCL

to lay down and commission the evacuation line well before the

commissioning the project.

(ii) The energy meters both main and check and CTs / PTs shall be

installed at the interconnection point located in the project switch yard

for energy metering and billing. These meters, CTs and PT etc shall

be as per the State Grid Code and shall meet the specifications of the

PSPCL and shal be installed as per the guidelines of PSPCL.

(iii) Protective equipment’s to be installed in the switch yard of the project

shall be coordinated by the BPD with PSPCL. The switch yard

equipments shall have short circuit rating to match the short circuit

rating of PSPCL grid substation to where the power is to be

evacuated. For this purpose the SLD, protection and metering system

shall be got approved from PSPCL by the BPD.

(iv) The power evacuation line from the project yard upto the nearest

substation including erection of bay / equipment/control and relay

panels and up gradation of facilities in their sub-station for accepting

the power from the Biogas Project will be constructed and

commissioned by PSPCL at PSPCL’s cost.

(v) Energy metering shall be carried out in order to comply with the


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metering code of the state grid code. The expenditure for installation

of energy meters and required CTs, PTs at the project end are to be

borne by the BPD.

3.5 Short - listing of Projects

PEDA shall evaluate only those responses to RfP, which are uploaded by

due date and time specified in e-NIT. The responses will be evaluated

based on the qualification, techno commercial criteria, terms and

conditions contained in the bid and the bidders will be shortlisted.

3.6 Selection of Bidders:


production per day for the bidding purpose and the bidder who offers the

highest share in PAISA per cum of biogas produced which will go to

PEDA, be the successful bidder. However this share is payable on the

actual biogas produced after the project is completed and is payable on

monthly basis at the end of the month. (Refer format 6.9 ).

3.7 Implementation Agreement (IA) and Facilitation Service Charges

The terms and condition for Implementation of the project shall be

formulized through signing of Implementation Agreement between


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successful bidder and PEDA. The Biogas Power Project Developer

shall be required to pay to PEDA non-refundable facilitation service

charges @ 0.5% of the total Project Cost (as per the project cost

given in the Detailed Project Report (DPR) submitted by the BPD)

before signing of Implementation Agreement.

The Detailed Project Report shall be submitted by the BPD before signing

of IA. The Detailed Project Report shall contain Executive Summary,

Biogas Technology Overview, Detailed Survey & Investigatiion, Dung

Data, Technology Selection, Project Description, Plant and Equipment

Design Criteria, Detailed General Layout Plan, Power Evacuation System

& Grid Interaction, Construction Programme Schedule, Permits and

Licence Required, Operation and Maintenance Requirements, Social &

Environment Impact Assessment, Risk Assessment, Project Cost

Estimate & Financial Analysis and Conclusion.

3.8 Supplementary Agreements

i) Agreement between PEDA & GLADA and between PEDA and

Project Developer for land lease and Tripartite Agreement

amongst MCL, Project Developer/PEDA and Dairy Owner

Association for supply of dung.

ii) Power Purchase Agreement (PPA) with PSPCL in case of

power generation.


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3.9 Submission of Response to RfP by the Bidder by uploading

documents and online filling and Submission of summary Data

Sheets on E - Tender Website

The response to RfP shall contain the following:

1. E - Bid Part - I A: (Qualification)

i. Bid document fee (Non refundable) of Rs. 5,000/- through IPG /

RTGS.

ii. E – Processing fee (Non refundable) of Rs. 2247/- (Rupees Two

thousand Two hundered and forty seven Only) through IPG / RTGS

mode.

iii. Bid Processing Fee (Non Refundable) of Rs. 50,000/- (Rupees Fifty

Thousand Only) per site through IPG / RTGS mode.

iv. Earnest Money Deposit of upto 1 MW – Rs. 5,00,000 through IPG /

RTGS / BG .

v. Summary Data Sheet for Part - I A as per format 6.12 A.

2. E – Bid Part – I B: (Techno – Commercial Documents / Formats)

i. Covering Letter as per format 6.1;

ii. In case of a Bidding Consortium, a Power of Attorney in favor of the

Lead Member issued by the other Members of the Consortium shall

be provided in original as per format attached hereto as format 6.2.

In the event any Member of the Bidding Consortium (other than

Lead Member) is a foreign entity, it may submit Board Resolutions


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in place of Power of Attorney for the purpose of fulfilling the

requirements under this Clause. Provided that such Board

Resolutions shall be supported by an unqualified opinion issued by

the legal counsel of such foreign entity stating that the Board

Resolutions are in compliance with the applicable laws of the

respective jurisdictions of the issuing Company and the

authorizations granted therein are true and valid.

The name of the project company can be different from the name of

bidding consortium.

iii. Performance Bank Guarantee (to be submitted at the time of

signing of IA) in the form of BG as per format 6.3 ;

iv. Checklist for Bank Guarantee as per Appendix — A;

v. Board Resolutions to be submitted as applicable as per prescribed

formats enclosed as format 6.4 duly certified by the Company

Secretary or the Director of the relevant Bidder, as applicable to the

Bidder and mentioned hereunder:

a. Board resolution from the Bidding Company or the Lead Member

of the Consortium, as the case may be, in favor of the person

signing the response to RfP;

b. Board Resolution from the Bidding Company committing one

hundred percent (100%) of the equity requirement for the Project

/ Board Resolutions from each of the Consortium Members

together in aggregate committing to one hundred percent (100%)

of equity requirement for the Project (in case of Bidding


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Consortium); and

c. Board Resolutions from Affiliate(s)/Group/Parent (whose

credentials were used in the response to RfP), of the Bidding

Company / any Member of the Bidding Consortium, undertaking

to invest the entire amount as committed by Bidding Company /

Member of the Bidding Consortium, in event of failure of the

same to make such investment.

vi. In case of a Consortium, the Consortium Agreement between the

Members in the Consortium as per format 6.5 along with Board

resolution from each Member of the Consortium for participating in

consortium;

vii. Format for Financial Requirements as per format 6.6 as applicable;

viii. Technical Criteria as per format 6.7 (for information only);

ix. A disclosure statement as per format 6.8 regarding participation of

any parent company in this bidding process;

x. Declaration from Biding Company/Lead Member of the bidding

Consortium for acceptance of terms and conditions mentioned in

RfP, IA and TPA documents as per format 6.10.

xi. Declaration by the Biding Company/Lead Member of the bidding

Consortium having visited the site and understanding the raw

material availability / site conditions as per format 6.11

xii. Summary Data Sheets (Part - I B) for refer format — 6.12 B


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Documents to be submitted:

i. Memorandum & Articles of Association (highlighting relevant

provision of Power / Energy / Renewable Energy / Biogas Power

Plant development) if any, Certificate of Incorporation (if applicable)

of Bidding Company / all member companies of Bidding Consortium

along with shareholders rights and obligations filed with ROC.

ii. Share holding pattern of the company;

iii. Last three / five years audited balance sheets or annual reports;

3. E - Bid Part - II: (Price Bid)

The price bid to be submitted strictly as per price bid

format 6.9 for each site, to be filled online;

Wherever information has been sought in specified

formats, the Bidders shall fill in the details as per the

prescribed formats and shall refrain from referring to any

other document for providing any information required in

the prescribed format. All the above information sought in

specific formats along with documents sought as above

must be uploaded after scanning on the e-bid website.

3.10 Bidder Notification:

The Bidder should note that:

a) Bidders are advised to visit the project site / dairy complex

and adjoining areas for making the assessment of raw

material and other site conditions first hand at their own


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before quoting their bids so as to ascertain the available

raw material.

b) The bidding process is based on taking as 12000 cum of

biogas production per day for the bidding purpose and the

bidder who offers the highest share in PAISA per cum of

biogas produced which will go to PEDA, shall be the

successful bidder. However this share is payable on the

actual biogas produced after the project is completed and

is payable on monthly basis at the end of the month.

c) The selected bidders shall submit original hard copies of

proposals and all documents submitted through e-bidding

before execution of IA.

d) The bidder may be shortlisted based on the declarations

made by them in relevant schedules of RfP. The

documents submitted along with may be verified before

signing of IA in terms of Clause 3.9.

e) 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 its

response to RfP, in any manner whatsoever, the PEDA

reserves the right to reject such response to RfP and/or

cancel the Letter of Award, if issued and the Bank

Guarantee (either EMD or Performance BG) submitted

shall be encashed.

f) Response submitted by the Bidder shall become the

property of the PEDA and the PEDA shall have no


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obligation to return the same to the Bidder.

g) The response to RfP shall be uploaded as mentioned in

clause 3.14. No change or supplemental information to a

response to RfP will be accepted after the scheduled date

and time of submission of response to RfP. PEDA reserves

the right to seek additional clarifications from the Bidders, if

found necessary, during the course of evaluation of the

response to RfP.

h) All the information / documents should be submitted in

English / Punjabi language only.

i) Bidders shall mention the name of the contact person and

complete address of the Bidder in the covering letter.

j) Response to RfP that are incomplete, which do not

substantially meet the requirements prescribed in this RfP,

will be liable for rejection by PEDA.

k) Response to RfP not submitted in the specified formats will

be liable for rejection by PEDA.

l) Bidders delaying in submission of additional information or

clarifications sought will be liable for rejection.

m) Non submission and / or submission of incomplete data /

information required under the provisions of RfP shall not

be construed as waiver on the part of PEDA of the

obligation of the Bidder to furnish the said data /

information unless the waiver is in writing.

n) Only Courts in Chandigarh shall have exclusive jurisdiction


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in all matters pertaining to RfP.

3.11 Due Date

The Bidders should upload the response to RfP as specified in e-

tender notice by 3.00 PM (IST) on 18.5.2015.

3.12 Participation in E – Bidding:

For participation in the e-tendering process, the bidder shall have to

get themselves registered with etender.punjabgovt.gov.in and get

user ID, password. Class -3 Digital Signature is mandatory to

participate in the e-tendering process flow, please contact the E-

tender administrator on +919257209340 / +91172 – 5095926,

80546-28821 or contact PEDA at +91172 2648004, 9815602615,

8558870510, 9876051885, 9815328505

3.13 Method of Submission

The response to RfP is to be submitted through e – bidding in the

following manner;

Part – I A: (Qualification): Contains E-processing fee, Bid

processing fee, EMD and Summary Sheet Part – I A.

Part – I B: (Techno Commercial): Contains all formats, technical

documents and summary sheet Part – I B.

&

Part – II: Price Bid Contains only Price Bid format.


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3.14 Validity of the Response to RfP

The Bidder shall submit the response to RfP which shall remain valid up

to One Hundred eighty (180) days from the last date of submission of

response to RfP ("Bid Validity"). PEDA reserves the right to reject any

response to RfP which does not meet the aforementioned validity

requirement.

3.15 Preparation Cost

The Bidder shall be responsible for all the costs associated with the

preparation of the response to RfP and participation in discussions and

attending pre-bid meeting(s), etc. PEDA shall not be responsible in any

way for such costs, regardless of the conduct or outcome of the bid

process.

3.16 Enquiries / Clarifications

Enquiries / clarifications may be sought by the Bidder from:

Name & Address of the Authorized Person of PEDA: Director,PEDA / Senior Manager(Hydel) Punjab Energy Development Agency Solar Passive Complex Plot No. 1-2 , Sector-33 D, Chandigarh-160034. Chandigarh

Phone: 0172-2667005, 98766-93975

0172-2648004, 9815602615, 8558870510,, 9815328505, 98760-51885

Fax : 0172-2662865

E-mail: [email protected]



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3.17 Right of PEDA to Reject / Accept a Bid

PEDA reserves the right to reject all or any of the response to RfP

or cancel the RfP without assigning any reasons whatsoever and

without any liability at any stage.

3.18 Bank Guarantees

The Bidder shall provide the following Bank Guarantee from any of

the Banks listed in Annexure 2 to PEDA in a phased manner as

detailed hereunder:-

Earnest Money Deposit (EMD): Earnest Money Deposit upto

1 MW – Rs. 5,00,000 (Rupees Five Lac only) in the form of Bank

Guarantee in favour of PEDA through RTGS / IPG mode along with

RfP as per format - 6.3 A. (valid for a period of 210 days from last

date of submission of the response to RfP). The EMD shall be in the

name of bidding company or Lead member of a consortium (in case

of consortium).

Performance Guarantee (PG): Rs. 20,00,000/- (Rupees Twenty

Lac Only) per MW in the form of Bank Guarantee (BG) or through

RTGS/IPG mode at the time of signing of IA as per format— 6.3.

(valid for a period of 24 (twenty four) months from the date of

signing of IA). The bidder must submit original copy of the BG

towards Performance Guarantee at the time of signing of

Implementation Agreement (IA) along with Bank confirmation letter

for Performance BG in sealed envelope of the issuing bank directly

addressed to PEDA. In case the bidder does not submits the

Performance Guarantee at the time of signing of IA, in such case


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the EMD shall be forfeited.

The Bank Guarantees shall only be in the name of bidding company /

lead member of in case of consortium. Bank Guarantee in the name of

bidder’s parent company shall be not be acceptable.

In case the Project developer is not having the banking relationship

with the bankers listed in Annexure – 2, the bank guarantees submitted

by the bidder other than the list provided shall not be acceptable.

In case the bidder gives BG of a foreign bank, the bidder shall provide

the said BG with an endorsement of State Bank of India or any branch

of said foreign bank in India. The foreign bidder is responsible for

endorsement of BG by State Bank of India. The BGs shall not be

submitted to PEDA directly by bidder’s banker. It shall be responsibility

of bidder to submit the BG to PEDA as per stipulated terms.

The EMD of un-successful bidder shall be released after selection and

issuance of Letter of Award (LoA) to successful bidder(s). The EMD of

successful bidders shall be released only after submission of

Performance Guarantees and signing of IA. There is no provision for

conversion of EMD to Performance Bank Guarantee. No interest is

payable to the bidders for the period, the EMD remained with PEDA.

In case, PEDA offers to execute the IA with the selected bidder and if

the selected bidder does not submit the requisite documents or does

not execute the IA within the stipulated time period, the EMD shall be

forfeited.


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Similarly, if PSPCL offers to execute the PPA with selected bidder and

if the selected bidder refuses to execute the PPA or is unable to

execute the PPA within stipulated time period, the bank guarantees

towards Perfromance Gaurantees shall be forfeited.

The Bank Guarantees have to be executed on non - judicial stamp

paper of appropriate value as per Stamp Act relevant to place of

execution. The Bank Guarantees have to be in the name of the Bidding

Company / Lead Member of Bidding Consortium.

In order to facilitate the bidders to submit the Bank Guarantee as per

the prescribed format and in line with the requirements, checklist at

Appendix — A has been attached. Bidders are advised to take note of

the above checklist while submitting the Bank Guarantees.

The bidders will have to extend the validity of the bank guarantees if

required by PEDA on account of any extension in project

implementation schedule.Such extension must reach PEDA at least

15 days before the expiry of the existing Bank guarantee, otherwise

PEDA will have full right to get the bank guarantee encashed.

3.19 Minimum Equity to be held by the Promoter

The Company developing the project shall provide the information

about the Promoters and their shareholding in the Company to

PEDA indicating the controlling shareholding at the stage of

submission of RfP to PEDA.


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No change in the shareholding of the Bidding Company or Bidding

Consortium developing the Project shall be permitted from the date

of response to the RfP till one year after commissioning of the

project. However, in case the Project is being developed by a listed

company, this condition will not be applicable.

The controlling shareholding shall mean more than 50% of the

voting rights and equity paid – up share capital in the Company /

Consortium.

3.20 Financial Closure or Project Financing Arrangements:

The Project Developer shall report tie up of Financing Arrangements

for the projects within 150 days from the date of signing Power

Purchase Agreement. At this stage, the Project Developer would

furnish the following documents:

(i) The project developer will submit the final technology selection.

(ii) Order copy / agreement copy, with Technology Provider /

supplier for supply of equipments for said technology.

(iii) A certificate from the project / client situated anywhere in world

that the technology supplied by the Manufacturer / Technology

Provider is in successful operation.

3.21 Commissioning :

Commissioning Schedule and Penalty for Delay in

commissioning:


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The company / developer shall commission the project within 24

(Twenty Four) months from the Effective Date i.e. signing of IA (23

months from the PPA) in line with ― Project Implementation

Schedule‖ as tabulated in clause 3.22 below. The developer shall

make all out efforts to commission the project as per schedule of

commissioning provided in Implementation agreement. However,

in case, there is delay in commissioning of the project due to

reasons not attributable to the company / developer, PEDA may

consider extension in scheduled date of commissioning of the

project on submission of documentary evidence by the company

and the scheduled date of commissioning shall be extended after

approval of competent authority. Otherwise in case of failure to

achieve below mentioned milestone of Project Implementation

Schedule, PEDA shall encash the Performance Guarantee of the

Developer.

3.22 PROJECT IMPLEMENTATION SCHEDULE

The implementation schedule applicable on allotment of site to the

successful bidders shall be as under:

Sr. No.

Activity Time schedule (Days)

1 Issue of letter of award 0

2 Preparation and submission of DPR by the developer

60

3 Approval of DPR 30

4 Signing of Implementation Agreement (effective date)

30

5 Signing of Power Purchase Agreement with PSPCL and Tripartite Agreement with MCL

30

6 Financial Closure, Statutory Clearances like 150


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CLU if applicable, PPCB clearance, land lease agreements and approval of layout drawings/design by MCL( if needed) etc.

7 Commencement of project construction 30

Commencement of Commercial Generation 510

TOTAL 840 Days

Note: The total time comes out to be 24 months from the effective date i.e. signing of IA (23 months from the date of signing of PPA).

720 / 690 Days


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Section 4

EVALUATION CRITERIA


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4. EVALUATION CRITERIA

4.1 The evaluation process comprises of the following two steps:

a. Step I - Responsiveness check

b. Step II - Bid evaluation

a. Step I - Responsiveness check

The response to RfP submitted by the Bidder shall be scrutinized to

establish "Responsiveness". Each Bidder's response to RfP shall be

checked for compliance with the submission requirements set forth in this

RfP.

Any of the following conditions shall cause the Bid to be "Non-

responsive".

i) Response to RfP not received by the due date and time of e bid

ii) Response to RfP submitted by a Bidding Consortium not including the

Consortium Agreement

iii) Response to RfP having Conflict of Interest

iv) Non submission of Processing fee or EMD in acceptable form along

with RfP document

The bids which become non responsive shall be disqualified and

further bid evaluation of these bids will not be carried out. These non-

responsive bids will not be made responsive by accepting of any

documents by PEDA.


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b. Step II - Bid Evaluation

Step II (Bid evaluation) will be carried out considering the information

furnished by Bidders as prescribed under Section 6 - Formats. This step

would involve evaluation of techno commercial documents of the Bidding

Company/ Bidding Consortium as per the provisions specified in Section

3 of this RfP.

c. Price Bid Evaluation:


production per day for the bidding purpose and the bidder who offers

the highest share in PAISA per cum of biogas produced which will go

to PEDA, shall be the successful bidder. However this share is

payable on the actual biogas produced after the project is completed

and is payable on monthly basis at the end of the month.


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Section 5

ROLE OF PEDA/Municipal Corporation Ludhiana

5.1 Role of PEDA as a Project Facilitator


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PEDA will provide necessary support to facilitate the bidding process

and selection of the bidder for development of the biogas project. This

may include facilitation in the following areas:

Assistance for obtaining project approvals / clearances.

Assistance for obtaining connectivity with PSPCL grid substation.

Grant of fiscal assistance under NRSE policy 2012.

Any other support required to project developer for

implementation of the project.

5.2 Role of Municipal Corporation Ludhiana(MCL)

Land measuring 2.5 acre approximately to be provided by

Greater Ludhiana Area Development Authority (GLADA)

to PEDA at Sector-32 Samrala road near Dairy Complex, on

long term token lease basis to be subsequently sub leased to

the successful bidder / developer for setting up of this project,

To ensure availability of dung / raw material for biogas

production by way of signing of Tripartite Agreement amonst

Project Developer/PEDA, MCL and Dairy Owner Association.

To approve layout plan / drawings of the project, if needed

All type of support / assistance to the project developer for

implementation of the project and for running the same

thereafter.


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Section 6

FORMAT FOR BID SUBMISSION


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6.0 FORMATS AND SUPPORTING DOCUMENTS FOR BID

SUBMISSION

FORMATS:

The following formats are required as a part of e-bid submission for

Part - I A and Part - I B documents as part of the RfP.

i. Format of Covering Letter (format 6.1)

ii. Formats for Power of Attorney (format 6.2)

iii. Format for Earnest Money Deposit (EMD) (format 6.3 A)

iv. Format for Performance Bank Guarantee (format 6.3 )

v. Format for Board Resolutions (format 6.4)

vi. Format for the Consortium Agreement (format 6.5)

vii. Format for Financial Requirement (format 6.6)

viii. Format for Technical Criteria (format 6.7) (for information only)

ix. Format for Disclosure (format 6.8)

x. Format for Price Bid (format 6.9) (To be filled online)

xi. Format for Declaration from Biding Company for acceptance of

terms and conditions mentioned in RfP, IA and TPA documents as

per format 6.10.


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xii. Format for Declaration by the Bidding Company / Lead Member of

Bidding Consortium for having visited the site and understanding

the raw material availability / site conditions as per format 6.11;

xiii. Format for Summary Sheet Part - I A (format 6.12 A) (To be filled

online)

xiv. Format for Summary Sheet Part - I B (format 6.12 B) (To be filled

online)

SUPPORTING DOCUMENTS:

All scanned documents including the following documents are

required to be filed along with e-bid in PDF format.

i. Memorandum & Article of Association, Certificate of incorporation of

Bidding Company / all member companies of Bidding Consortium.

ii. Copy of the shareholding along with their terms & conditions as filed

with ROC.

iii. Copy of the last three/five years audited balance sheets or Annual

Accounts Statement for last three years as per clause no. 3.6 (C).


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6.1 Format of Covering Letter

(The covering letter should be on the Letter Head with a seal of the

Bidding Company / Lead Member of the Bidding Consortium)

Date : ____________________________

From : ____________________________

(Insert name and address of Bidding Company / Lead Member of the

Bidding Consortium)

Tel. # :

Fax. # :

E-mail address :

To,

Director,


Solar Passive Complex

Plot No. 1- 2, Sector 33 – D,

Chandigarh

Sub: Response to RfP for development of Biogas Power / Bio CNG

Project.

Dear Sir,

We, the undersigned __________ [insert name of the “Bidder”] having

read, examined and understood in detail the RfP document, hereby


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submit our bid in response to RfP. We confirm that neither we nor any of

our Parent Company / Group Company / director(s) has submitted

response to RfP other than this response to RfP, directly or indirectly. We

are submitting application for the development of following Biogas Project:

Details of Project Proposal

S.No Project Proposal Remarks

Name of Site

Installed Capacity (KW)

Technology Offered

1 Tajpur Dairy Complex on Ludhiana Tajpur road, Ludhiana

1MW – equivalent 12000 cum biogas per day

We give our unconditional acceptance to the RfP, dated _________

[Insert date in dd/mm/yyyy], issued by the PEDA. In token of our

acceptance to the RfP, we have signed a declaration for acceptance of

terms and conditions thereof. We shall ensure that the IA, TPA & PPA to

be executed as per the provisions of the RfP and provisions thereof shall

be binding on us. Further, we confirm that the Project shall be

commissioned within 24 months from signing of IA/ 23 months of the date

of signing of PPA.


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3. Earnest Money Deposit (EMD) details as follows.

Project No.

Project Capacity, MW

EMD Details of IPG / RTGS

Amount, Rs.

Bank Guarantee No. and Date

Name of the issuing bank and Branch

Amount, Rs.

Name of the issuing bank and Branch

Transaction No.

I

4. We have submitted our response to RfP strictly as per Section - 6

(formats) of this RfP, without any deviations, conditions and without

mentioning any assumptions or notes in the said formats.

5. Acceptance

We hereby agree and accept that the decision made by PEDA in respect

of any matter regarding or arising out of the RfP shall be binding on us.

We hereby expressly waive any and all claims in respect of this process.

6. Familiarity with Relevant Indian Laws & Regulations

We confirm that we have studied the provisions of the relevant Indian

laws and regulations as required to enable us to submit this response to

RfP and to execute the IA,TPA and PPA, in the event of our selection as

Successful Bidder.

7. We are uploading herewith our response to the RfP with formats duly

signed as desired by you in the RfP for your consideration.


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8. It is confirmed that our response to the RfP is consistent with all the

requirements of submission as stated in the RfP and subsequent

communications from the PEDA.

9. The information submitted in our response to the RfP is correct to the

best of our knowledge and understanding. We shall be solely responsible

for any errors or omissions if any, in our response to the RfP.

10. We confirm that all the terms and conditions of our Bid are valid up to

___________(Insert date in dd/mm/yyyy) for acceptance (i.e. a period of

180 (one hundred and eighty ) days from the last date of submission of

response to RfP).

11. Contact details of our authorized person are as under:

Name :

Designation :

Company :

Address :

Telephone Nos. :

Mobile No. :

Fax Nos. :

E – Mail :


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12. We have neither made any statement nor provided any information in this

Bid, which to the best of our knowledge is materially inaccurate or

misleading. Further, all the confirmations, declarations and

representations made in our Bid are true and accurate. In case this is

found to be incorrect after our selection as Successful Bidder, we agree

that the same would be treated as a bidder’s event of default under IA,

TPA, PPA, Land Lease Agreement to be signed, and consequent

provisions of IA, TPA, Land Lease Agreement shall apply.

Dated the _______ day of _____ , 2015

Thanking you,

Yours faithfully,

(Name, Designation and Signature of the Authorized Signatory by

the Board along with Company Seal)


Page 84

6.2 Format for Power of Attorney to be provided by each of the other

members of the Consortium in favor of the Lead Member

POWER OF ATTORNEY

(To be on non - judicial stamp paper of appropriate value as per

Stamp Act relevant to place of execution)

KNOW ALL MEN BY THESE PRESENTS THAT

____________________ [Name of the Consortium member company - 1]

having its registered office at ____________ and __________ [Name of

the Consortium member company - 2] having its registered office at

_____________ (Insert names and registered offices of all Members of

the Consortium) the Members of Consortium have formed a Bidding

Consortium named _________________(insert name of the Consortium,

if finalized) (hereinafter called the ―Consortium‖) vide Consortium

Agreement dated _____ (copy enclosed) and having agreed to appoint

______________[Name & Address of the Lead Member Company] as the

Lead Member of the said Consortium do hereby constitute, nominate and

appoint M/s. _________________ a Company incorporated under the

Companies Act 1956 of and having its Registered / Head Office at as our

duly constituted lawful Attorney (hereinafter called as ―Lead Member‖) to


Page 85

exercise all or any of the powers for and on behalf of the Consortium in

regard to submission of the response to RfP and if required, submission

of Bid against RfP (in the event of short listing as a qualified Bidder). We

also authorize the said Lead Member to undertake the following acts:

i) To submit on behalf of Consortium Members response to RfP and if

required to submit Bid in response to RfP.

ii) To do any other acts or submit any information’s and documents related

to the above response to RfP Bid, if required.

It is expressly understood that in the event of the Consortium being

selected as Successful Bidder, this Power of Attorney shall remain valid,

binding and irrevocable until the Bidding Consortium achieves execution

of IA, TPA, Land Lease Agreement and PPA.

We as the Member of the Consortium agree and undertake to ratify and

confirm all whatsoever the said Attorney / Lead Member has done on

behalf of the Consortium Members pursuant to this Power of Attorney

and the same shall bind us and deemed to have been done by us.

IN WITNESS WHERE OF __________________ [Name of member

consortium Company], as the Member of the Consortium have executed

these presents on this day of under the Common Seal of our company.


Page 86

For and on behalf of Consortium Member M/s. __________________

(Signature of person authorized by the board)

Name :

Designation :

Place :

Date :

Accepted

(Signature, Name, Designation and Address of the person

authorized by the board of the Lead Member along with Company

Seal)

Attested

(Signature of the executants)

(Signature & stamp of Notary of the place of execution)

Place :

Date :

Note: Lead Member in the Consortium shall have the controlling

shareholding of more than 50% of voting rights.


Page 87

Format 6.3 : Format for Performance Bank Guarantee

(To be on non-judicial stamp paper of appropriate value as per Stamp

Act relevant to place of execution)

In consideration of the ____________________ [Insert name of the

Bidder] (hereinafter referred to as selected “ BPD Developer”) submitting

the response to RfP for selection of the project of the capacity of ______

MW, at ___________________ [Insert name of the site] for

implementation of Biogas Project, for supply of power on long term basis/

Bio CNG, in response to the RfP dated _________ [Insert the date of

issuance of RfP] issued by Punjab Energy Development Agency

(hereinafter referred to as ―PEDA‖) having Registered Office at, Plot No.

1 – 2, Sector, 33-D, Chandigarh, PEDA considering such response to the

RfP of _______ [insert the name of the selected Biogas Project

Developer] (which expression shall unless repugnant to the context or

meaning thereof include its executers, administrators, successors and

assignees) and selecting the Biogas Project of the developer and issuing

Letter of Award (LoA) no. ________ dated to _________________(Insert

Name of selected Biogas Project Developer) as per terms of RfP and the

same having been accepted by the selected Biogas Project Developer

resulting in a Implementation Agreement to be entered into, for

development of Biogas Project _________________ [from selected

Biogas Project Developer or a Project Company, ____________ {a

Special Purpose Vehicle (SPV) formed for this purpose}, if applicable].

As per the terms of the RfP, the _______________ [insert name &


Page 88

address of bank] hereby agrees unequivocally, irrevocably and

unconditionally to pay to PEDA at __________________[Insert Name of

the Place from the address of the PEDA] forthwith on demand in writing

from PEDA or any Officer authorized by it in this behalf, any amount upto

and not exceeding Rupees _____________ [Total Value] only, on behalf

of ______________[Insert name of the selected Biogas Project

Developer].

This guarantee shall be valid and binding on this Bank up to and including

___________[Insert the validity of Bank Guarantee] and shall not be

terminable by notice or any change in the constitution of the Bank or the

term of contract or by any other reasons whatsoever and our liability

hereunder shall not be impaired or discharged by any extension of time or

variations or alternations made, given, or agreed with or without our

knowledge or consent, by or between parties to the respective

agreement.

Our liability under this Guarantee is restricted to Rs. ________________

(Rs. _______________ only). Our Guarantee shall remain in force until

_________

PEDA shall be entitled to invoke this Guarantee till________.

The Guarantor Bank hereby agrees and acknowledges that the PEDA

shall have a right to invoke this Bank Guarantee in part or in full, as it

may deem fit.

The Guarantor Bank hereby expressly agrees that it shall not require any

proof in addition to the written demand by PEDA, made in any format,


Page 89

raised at the above mentioned address of the Guarantor Bank, in order to

make the said payment to PEDA.

The Guarantor Bank shall make payment hereunder on first demand

without restriction, reservation or conditions and notwithstanding any

objection by ____________ [Insert name of the selected BPD Developer]

and / or any other person. The Guarantor Bank shall not require PEDA to

justify the invocation of this Bank Guarantee, nor shall the Guarantor

Bank have any recourse against PEDA in respect of any payment made

hereunder.

This Bank Guarantee shall be interpreted in accordance with the laws of

India and the courts at Chandigarh shall have exclusive jurisdiction.

The Guarantor Bank represents that this Bank Guarantee has been

established in such form and with such content that it is fully enforceable

in accordance with its terms as against the Guarantor Bank in the

manner provided herein.

This Bank Guarantee shall not be affected in any manner by reason of

merger, amalgamation, restructuring or any other change in the

constitution of the Guarantor Bank.

This Bank Guarantee shall be a primary obligation of the Guarantor Bank

and accordingly PEDA shall not be obliged before enforcing this Bank

Guarantee to take any action in any court or arbitral proceedings against

the selected Biogas Project Developer, to make any claim against or any

demand on the selected BPD Developer or to give any notice to the


Page 90

selected Biogas Project Developer or to enforce any security held by

PEDA or to exercise, levy or enforce any distress, diligence or other

process against the selected Biogas Project Developer.

The Guarantor Bank acknowledges that this Bank Guarantee is not

personal to PEDA and may be assigned, in whole or in part, (whether

absolutely or by way of security) by PEDA to any entity to whom PEDA is

entitled to assign its rights and obligations under the IA.

Notwithstanding anything contained hereinabove, our liability under this

Guarantee is restricted to Rs. ___________ (Rs. _________________

only) and it shall remain in force until ________________. We are liable

to pay the guaranteed amount or any part thereof under this Bank

Guarantee only if PEDA serves upon us a written claim or demand.

Signature :

Name :

Power of Attorney No. :

For

__________________ [Insert Name of the Bank]

Banker's Stamp and Full Address.

Dated this ___day of_____, 2015


Page 91

Witness :

Signature :

Name and Address :

Signature :

Name and Address :

Notes:

1. The Stamp Paper should be in the name of the Executing Bank.

2. The Performance Bank Guarantee shall be executed by any of the Bank

from the List of Banks enclosed.


Page 92

Format 6.3 A: Format of Bank Guarantee for Earnest Money Deposit

(To be on non - judicial stamp paper of appropriate value as per Stamp

Act relevant to place of execution).

In consideration of the ______________ [Insert name of the Bidder]

(hereinafter referred to as “Bidder”) submitting the response to RfP inter

alia for selection of the project of the capacity of ______ MW, at

___________________[Insert Capacity of Plant and name of the site] for

implementation of Biogas Projectfor supply of power there from on long

term basis/Bio CNG, in response to the RfP dt. ___________ issued by

Punjab Energy Development Agency (hereinafter referred to as ―PEDA‖)

and PEDA considering such response to the RfP of _______________

[insert the name of the Bidder] as per the terms of the RfP, the

___________________ [insert name & address of bank] hereby agrees

unequivocally, irrevocably and unconditionally to pay to PEDA having

Registered Office at Plot No.1-2, Sector 33-D, Chandigarh forthwith on

demand in writing from PEDA or any Officer authorized by it in this behalf,

any amount upto and not exceeding Rupees __________________

[Insert amount not less than that derived on the basis of Rs. 5,00,000/-

(Rupees Five Lac only upto 1 MW only, on behalf of _____________

[Insert name of the Bidder].

This guarantee shall be valid and binding on this Bank up to and

including __________________ [insert date of validity in accordance with


Page 93

clause 3.20 of this RfP] and shall not be terminable by notice or any

change in the constitution of the Bank or the term of contract or by any

other reasons whatsoever and our liability hereunder shall not be

impaired or discharged by any extension of time or variations or

alternations made, given, or agreed with or without our knowledge or

consent, by or between parties to the respective agreement.

Our liability under this Guarantee is restricted to Rs.

_____________________ (Rs. ____________ only). Our Guarantee shall

remain in force until _________ [insert date of validity in accordance with

clause 3.20 of this RfP]. PEDA shall be entitled to invoke this Guarantee

till _____________ [insert date of validity in accordance with clause 3.20

of this RfP]. The Guarantor Bank hereby agrees and acknowledges that

the PEDA shall have a right to invoke this Bank Guarantee in part or in

full, as it may deem fit.

The Guarantor Bank hereby expressly agrees that it shall not require any

proof in addition to the written demand by PEDA, made in any format,

raised at the above mentioned address of the Guarantor Bank, in order to

make the said payment to PEDA.

The Guarantor Bank shall make payment hereunder on first demand

without restriction, reservation or conditions and notwithstanding any

objection by ____________ [Insert name of the Bidder] and / or any other

person. The Guarantor Bank shall not require PEDA to justify the

invocation of this Bank Guarantee, nor shall the Guarantor Bank have


Page 94

any recourse against PEDA in respect of any payment made hereunder.

This Bank Guarantee shall be interpreted in accordance with the laws of

India and the courts at Chandigarh shall have exclusive jurisdiction.

The Guarantor Bank represents that this Bank Guarantee has been

established in such form and with such content that it is fully enforceable

in accordance with its terms as against the Guarantor Bank in the

manner provided herein.

This Bank Guarantee shall not be affected in any manner by reason of

merger, amalgamation, restructuring or any other change in the

constitution of the Guarantor Bank.

This Bank Guarantee shall be a primary obligation of the Guarantor Bank

and accordingly PEDA shall not be obliged before enforcing this Bank

Guarantee to take any action in any court or arbitral proceedings against

the Bidder, to make any claim against or any demand on the Bidder or to

give any notice to the Bidder or to enforce any security held by PEDA or

to exercise, levy or enforce any distress, diligence or other process

against the Bidder.

The Guarantor Bank acknowledges that this Bank Guarantee is not

personal to PEDA and may be assigned, in whole or in part, (whether

absolutely or by way of security) by PEDA to any entity to whom PEDA is

entitled to assign its rights and obligations under the IA.


Page 95


Page 96

Notwithstanding anything contained hereinabove, our liability under this

Guarantee is restricted to Rs. _________ (Rs.

________________________ only) and it shall remain in force until

____________________ [Date to be inserted on the basis of Clause

3.20 of this RfP]. We are liable to pay the guaranteed amount or any part

thereof under this Bank Guarantee only if PEDA serves upon us a written

claim or demand.

Signature :

Name :

Power of Attorney No. :

For

________________ [Insert Name of the Bank]

Banker's Stamp and Full Address.

Dated this_____day of______2015


Page 97

Appendix — A

CHECK LIST FOR BANK GUARANTEES

SI. No. Details of checks YES / NO.

a) Is the BG on non - judicial Stamp paper of

appropriate value, as per applicable Stamp Act of the

place of execution.

b) Whether date, purpose of purchase of stamp paper

and name of the purchaser are indicated on the back

of Stamp paper under the Signature of Stamp

vendor? (The date of purchase of stamp paper

should be not later than the date of execution of BG

and the stamp paper should be purchased either in

the name of the executing Bank or the party on

whose behalf the BG has been issued. Also the

Stamp Paper should not be older than six months

from the date of execution of BG).

c) In case of BGs from Banks abroad, has the BG been

executed on Letter Head of the Bank endorsed by

SBI, India or any branch in India of BG issuing

foreign bank.

d) Has the executing Officer of BG indicated his

name, designation and Signing Power / Authority no.

on the BG?


Page 98

SI. No. Details of checks YES / NO.

e) Is each page of BG duly signed / initialed by

executants and whether stamp of Bank is affixed

thereon? Whether the last page is signed with full

particulars including two witnesses under seal of

Bank as required in the prescribed Performa?

f) Does the Bank Guarantees compare in verbatim with

the Performa prescribed in the Bid Documents?

g) Are the factual details such as Bid Document No. /

Specification No., / LoA No. (if applicable) / Amount

of BG and Validity of BG correctly mentioned in the

BG.

h) Whether overwriting / cutting, if any, on the BG have

been properly authenticated under signature & seal

of executants?

i) Whether the BG has been issued by a Bank in line

with the provisions of Bidding documents?

j) In case BG has been issued by a Bank other than

those specified in Bidding Document, is the BG

confirmed by a Bank in India acceptable as per

Bidding documents?


Page 99

Format 6.4 - Format for Board Resolutions

(Formats for the Board resolution to be passed)

The Board, after discussion, at the duly convened Meeting on

__________ (Insert date), with the consent of all the Directors present

and in compliance of the provisions of the Companies Act, 1956, passed

the following Resolution:

1. RESOLVED THAT Mr. / Ms. _____________, age_______ years,

occupation______________, resident of _____________ be and is

hereby authorized to do on our behalf, all such acts, deeds and things

necessary in connection with or incidental to our response to RfP for the

Project, under ' Implementation of Biogas Project’ in the state of

Punjab, including signing and submission of all documents and providing

information / response to RfP to PEDA, representing us in all matters

before PEDA, and generally dealing with PEDA in all matters in

connection with our bid for the said Project. (To be provided by the

Bidding Company or the Lead Member of the Consortium).

2. FURTHER RESOLVED THAT pursuant to the provisions of the

Companies Act, 1956 and compliance thereof and as permitted under the

Memorandum and Articles of Association of the company, approval of the

Board be and is hereby accorded to invest total equity in the Project. (To

be provided by the Bidding Company).


Page 100

[Note: In the event the Bidder is a Bidding Consortium, in place of the

above resolution at Sr. No. 2, the following resolutions are to be

provided]

FURTHER RESOLVED THAT pursuant to the provisions of the

Companies Act, 1956 and compliance thereof and as permitted under the

Memorandum and Articles of Association of the company, approval of the

Board be and is hereby accorded to invest ______(%) equity [Insert the

percentage (%) of equity commitment as specified in Consortium

Agreement] in the Project. (To be provided by the each Member of the

Bidding Consortium including Lead Member such that total equity

commitment is 100%).

FURTHER RESOLVED THAT approval of the Board be and is hereby

accorded to participate in consortium with ______________ [Insert the

name of other Members in the Consortium] and Mr. / Ms.___________,

age_______ years, occupation______________, resident of

_____________ be and is hereby authorized to execute the Consortium

Agreement. (To be provided by the each Member of the Bidding

Consortium including Lead Member)

And

FURTHER RESOLVED THAT approval of the Board be and is hereby

accorded to contribute such additional amount over and above the

percentage limit (specified for the Lead Member and other member in the

Consortium Agreement) to the extent becoming necessary towards the

total equity share in the Project Company, obligatory on the part of the


Page 101

Consortium pursuant to the terms and conditions contained in the

Consortium Agreement dated executed by the Consortium as per the

provisions of the RfP. [To be passed by the Lead Member and other

members of the Bidding Consortium].

3. RESOLVED THAT approval of the Board be and is hereby accorded to

M/s. ______________ (Insert name of Bidding Company / Consortium

Member(s)) to use our financial capability for meeting the Qualification

Requirements for Biogas Project and confirm that all the equity

investment obligations of M/s _____________ (Insert Name of Bidding

Company / Consortium Member(s)), shall be deemed to be our equity

investment obligations and in the event of any default the same shall be

met by us. [To be passed by the entity(s) whose financial credentials

have been used i.e. Parent Company].

Certified True Copy

(Signature, Name and stamp of Company Secretary / Director along

with Company Seal)

Notes:

1) This certified true copy should be submitted on the letterhead of the

Company, signed by the Company Secretary / Director.

2) The contents of the format may be suitably re-worded indicating the

identity of the entity passing the resolution.


Page 102

3) This format may be modified only to the limited extent required to comply

with the local regulations and laws applicable to a foreign entity

submitting this resolution. For example, reference to Companies Act

1956 may be suitably modified to refer to the laws applicable to the entity

submitting the resolution. However, in such case, the foreign entity shall

submit an unqualified opinion issued by the legal counsel of such foreign

entity, stating that the Board resolutions are in compliance with the

applicable laws of the respective jurisdictions of the issuing company and

the authorizations granted therein are true and valid.


Page 103

Format 6.5 - Consortium Agreement

(To be on non-judicial stamp paper of appropriate value as per Stamp

Act relevant to place of execution)

THIS Consortium Agreement ("Agreement") executed on this

___________day of Two thousand ________________between M/s

_________________ [insert name of Lead a Company] and having its

Registered (hereinafter called the "Member - 1", which expression

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), [The

Bidding Consortium should list the details of all the Consortium Members]

for the purpose of submitting response to RfP and execution of IA, TPA,

Land Lease and PPA (in case of award), against RfP dated issued by

PEDA a Company incorporated under the [Companies Act, 1956, and

having its Registered Office at or constituted under

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.


Page 104

AND WHEREAS the PEDA desires to implement Biogas Power /Bio

CNG Project for sale of power to State utility Punjab State Power

Corporation Limited(PSPCL) under NRSE Policy-2012/Bio CNG.

AND WHEREAS, the PEDA had invited response to RfP vide its Request

for Proposal (RfP) dated _________, WHEREAS the RfP stipulates that

in case response to RfP is being submitted by a Bidding Consortium, the

Members of the Consortium will have to submit a legally enforceable

Consortium Agreement in a format specified by PEDA 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

RfP for self and agent for and on behalf of Member-2, Member - 3.

2. The Lead Member is hereby authorized 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 (as well as total

financing if committed to be met from internal financing) investment

obligations of all the Consortium Members i.e. for both its own

liability as well as the liability of other Members.


Page 105

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 their respective equity as well

as other financing if committed to be met internally 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 project

Company is / shall be in the following proportion:

Name Percentage

Member 1 ---

Member 2 --- Member 3 ---

Total 100%

(Lead Member of the Consortium shall hold more than 50% of shares)

We acknowledge that after submission of RfP, the share holding

pattern and the controlling shareholding pattern (more than 50% of

the voting rights) in the Project Company developing the Project

shall be maintained for a period of (1) one year after commissioning.

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

undertake full responsibility for liaising with Lenders or through

internal accruals and mobilizing debt resources for the Project, and

ensuring that the Seller achieves Financial Closure in terms of the

IA and PPA.

7. In case of any breach of any equity investment as well as other


Page 106

financing requirements 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.

10. This Agreement shall be construed and interpreted in accordance

with the Laws of India and courts at Chandigarh alone shall have

the exclusive jurisdiction in all matters relating thereto and arising

there under.

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 favor of PEDA 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 (PPA) and shall remain valid until the expiration or early

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

the contrary by PEDA.

13. The Lead Member is authorized and shall be fully responsible for

the accuracy and veracity of the representations and information


Page 107

submitted by the Members respectively from time to time in the

response to RfP and the RfP 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 PEDA.

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 PEDA.

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

herein shall have the meaning as per the RfP, IA, TPA and PPA.

IN WITNESS WHEREOF, the Members have, through their

authorized representatives, executed these present on the Day, Month

and Year first mentioned above.

For M/s. ___________________ [Member 1]

(Signature, Name & Designation of the person authorized vide

Board Resolution Dated [e] and seal of the Company)

Witnesses:

1) Signature :

2) Signature :


Page 108

Name: Name:

Address: Address:

For M/s. _________________ [Member 2]

(Signature, Name & Designation of the person authorized vide

Board Resolution Dated [e] and seal of the company)

Witnesses:

1) Signature :

2) Signature :

Name: Name:

Address: Address:

For M/s ____________ [Member 3]

(Signature, Name & Designation of the person authorized vide Board

Resolution Dated and seal of the Company)

Witnesses:

1) Signature :

2) Signature :

Name: Name:

Address: Address:

(Signature and Attestation of Notary of the place of execution)


Page 109

[on the letter head of Bidder]

Format 6.6 - FORMAT FOR FINANCIAL REQUIREMENT

(to be filled separately for individual projects)

To,

Punjab Energy Development

Agency

Solar Passive Complex

Plot No. 1-2, Sector 33-D,

Chandigarh

Dear Sir,

Sub: Response to RfP for Invitation of Bids for implementation of Biogas Power Project at Tajpur Dairy Complex, Ludhiana Tajpur Road, Ludhiana of capacity 1MW – equivalent 12000 cum biogas per day.

We certify that the ________________________ [Bidding Company /

Lead Member of the Consortium (in case of consortium)] the financial net

worth as follows:

1. Newly Incorporated Company: In case of Bidding Company

Project Capacity: __________MW

Net worth Requirement: Rs. 2,00,00,000/- (Rupees Two Crore Only) per

MW.


Page 110

Name of the

Bidding

Company

Name of

the Parent

Company

whose Net

Worth is to

be

considered

Relationship

with Bidding

Company*

Either Financial

Year to be

considered for

Net Worth or

Net Worth of the

respective

Company not

later than 7

days prior to

submission of

RfP

Net worth

of the

Company

(Rs. In

Crores)

Total

* The column for ―Relationship with Bidding Company‖ is to be filled only

in case the financial capability of Parent company has been used for

meeting Qualification Requirements. Further, documentary evidence to

establish the relationship, duly certified by the company secretary /

chartered accountant is required to be attached with the format.

2. Newly Incorporated Company: In case of Bidding Consortium

Project Capacity: ____________ MW

Net worth Requirement: Rs. 2,00,00,000/- (Rupees Two Crore Only) per

MW

Name of the

Consortium

Member

Company

Name of the

Consortium

Member

whose Net

Worth is to

be

considered

Relationship

with Bidding

Company* If

any

Either Financial

Year to be

considered for

Net Worth or

Net Worth of

the respective

Company not

later than 7

days prior to

submission of

RfP

Net worth of

the

Consortium

Member

Company,

Rs. In Crores

Equity

Commitment

(in %age) in

Bidding

Consortium

Committed

Net Worth (in

Rs. Crore)

Company 1

-----

-----

Total


Page 111

* The column for ―Relationship with Bidding Company‖ is to be filled only

in case the financial capability of Parent Company has been used for

meeting Qualification Requirements. Further, documentary evidence to

establish the relationship, duly certified by the company secretary /

chartered accountant is required to be attached with the format.

3. Existing Company: In case of Bidding Company

Name of the Bidding Company:


Company

Name

Name of the

Parent

Company, (in

case of

seeking

financial

criteria from

Parent

Company)

Relationshi

p with

Bidding

Company

Annual Audited

Accounts Submitted

for the Year

Financial

Year to be

Considered

Net Worth

of the

Company

(in Rs.

Crore)

Internal

Resource

Generation

of the

Company,

(in Rs.

Crore)

Annual

Turnover

of the

Company,

(in Rs.

Crore)

2011-

12

2012-

13

2013-

14

-----

-----

-----

Total

4. Existing Company: In case of Bidding Consortium

Project Name / Lead Member of the Consortium:


Conso

rtium

Partne

rs

Net Worth of the Company (in Rs.

Crore)

Internal Resource Generation of

the Company (in Rs. Crore)

Turn Over of the Company (in Rs.

Crore)

Committe

d

Contributi

on in (%)

2011-

12

2012-

13

2013-

14

Financia

l Year to

be

Conside

red

2011-

12

2012-

13

2013-

14

Financi

al Year

to be

Consid

ered

2011-

12

2012-13 2013-

14

Financi

al Year

to be

Consid

ered

Memb

er 1

Memb

er 2

Memb

er 3


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(Signature & Name of the Person

Authorized Person By the Board along

with Company Seal)

(Signature and Stamp of Statutory

Auditor or Chartered Accountant)

Date:

Note:

(i) Along with the above format, in a separate sheet, provide details of

computation of Net Worth duly certified by Statutory Auditor.

(ii) Certified copies of Balance sheet, Profit & Loss Account, Schedules

and Cash Flow Statements and Bank statement by bank are to be

enclosed in support thereof for confirmation of balance in cash & bank.

(iii) For existing companies also complete all details in Exhibit (ii) for

Internal Resource Generation (IRG) as well as Annual Turnover also.


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[on the letter head of Bidder]

Format 6.7 - FORMAT FOR TECHNICAL CRITERIA

To,

Director,


Chandigarh

Dear Sir,

Sub: Response to RfP for Invitation of Bids for implementation of Biogas Power Project at Tajpur Dairy Complex, Ludhiana Tajpur Road, Ludhiana of capacity 1MW – equivalent 12000 cum biogas per day.

In compliance to clause 3.4 B (Technical Criteria) we hereby submit the

details of the project(s) executed and technology used as under:-

1. Name of the Project(s) Executed:

2. Location of the Project(s):

3. Technology used & Technology provider:

4. Nature / Type of the Project(s):

5. Date of start & commissioning of the project(s):

6. Present status:

7. Cost of the Project(s):

8. Name of the Client(s):

9. Capacity of the Project(s) in terms of MW or Biogas production

10. Copy of the collaboration agreement in case of tie up with the

companies/institutions having technical expertise in the field.


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(Note: in case the bid is submitted by an EPC company then

complete details from Sr. No. 1 to 9 above shall be submitted for

each project executed and commissioned).

In support of the above, necessary documents (including but not limited

to Agreements, Purchase Orders, Commissioning Certificates, contact

address of technology provider etc.) are required to be attached

alongwith this format.

Further we hereby undertake to certify that

1. in line with clause 3.20 under the title "Financial Closure or Project

Financing Arrangement", we will supply the requisite documents

within 150 days from the date of signing of PPA.

2. We propose to set up the project using _________________

technology which is a commercially established technology and

different projects are working successfully on the basis of this

technology.

(Signature & Name of the person Authorized By the board along

with Company Seal)


Page 115

Format 6.8 - Format for Disclosure

[On the letter head of Bidding Company / Each Member in a Bidding

Consortium]

Disclosure

We hereby declare that our Parent which we have direct or indirect

relationship is not separately participating in this selection process.

We further declare that the above statement is true & correct. We are

aware that if at any stage it is found to be incorrect, our response to RfP

bid will be rejected and if Allotment letter has been issued or IA, TPA,

Land Lease & PPA has been signed, the same will be cancelled and the

bank guarantees (EMD, PBG) will be encashed.

(Signature & Name of the person Authorized By the board along with

Company seal)


Page 116

Format 6.9 Format for submission of share offered on Biogas

Production

Name of the bidding Company / Lead Member of the Consortium:

Project: Biogas Power /Bio CNG Project at Tajpur Dairy Complex,

Ludhiana Tajpur Road, Ludhiana.

Name of Company

Biogas Production Per Day 12000 cum

Share offered to PEDA in Paisa per cum of biogas production

(in figures) (In words)

(Name of Authorized Representative of the Company)

(Name of the Company)


Page 117

Format 6.10: Format for Declaration for Bidders

(To be submitted on the letter head of the Company)

We have read, understood and hence accept the terms and conditions

specified in Request for Proposal document and all supporting

appendices and we hereby agree that all the details and documents

furnished by us are true and correct. We verify the same.

We also understand that the bid documents & offer submitted by us along

with all supporting copies of documents / deeds / balance sheets etc. are

true and correct and have not been signed while uploading, as these have

been checked and verified before uploading by using class III digital

signature of authorized signatory. We understand that we are fully legally

bound by the submission of all these documents, even if not signed. The

documents submitted without signatures carry the same meaning as with

signatures and stamp as the online document submission is covered

under Information Technology Act 2000.

(Signature & Name of the person Authorized By the board along with

Company seal)


Page 118

Format 6.11: Format for Declaration for Bidders

(To be submitted on the letter head of the Company)

We have visited the site Tajpur Dairy Complex, Ludhiana Tajpur Road,

Ludhiana, and its adjoining areas to assess the availability of raw material

for the biogas project for which we have submitted this bid and have

satisfied ourselves regarding the availability of the same.

(Signature & Name of the person Authorized By the board along

with Company seal)


Page 119

Format 6.12 A— Summary Data Sheet Part 1 A

(Qualification) (The summary sheets to be filled and submitted online, the below table

shows only specimen copy) The following qualification details are required to be filled.

Project : Biogas Power /Bio CNG Project at Tajpur Dairy Complex, Ludhiana (Capacity: 1MW) as follows:

Sr. No. Description Details/Compliance Page No.

1 Name of the Bidding Company

2

Name of the Lead Member of the Consortium, in case of Consortium

3 Name of the Authorized Person to sign the RFP

i Mobile No.

ii Office Tel. (with STD Code)

iii Fax (with STD Code)

iv Address for Correspondence

v Email & website, if any

4 List of Parent Company, If any

5 Consortium Members:

i Name of the Consortium Member - 1

ii Name of the Consortium Member - 2

iii Name of the Consortium Member - 3

6

Whether listed with any Stock Exchange BSE / NSE (Name of Exchange where listed, otherwise specify No).

7 Projects Applied

i Capacity of Project 1MW/ 12000 cum per day Biogas Production at Tajpur Dairy Complex, Ludhiana

8 Bid Document Fee (Non


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Sr. No. Description Details/Compliance Page No.

Refundable)

i Amount, Rs.

ii Date

iii Transaction No.

9 E - Processing Charges (Non Refundable)

i Amount, Rs.

ii Date

iii Transaction No.

10 Bid Processing Fee Details (Non Refundable)

i Amount in (Rs. Lacs)

ii Date

iii Transaction No.

11 Details of EMD (@ Rs. _________/- Lac (Rupees __________only) per MW) - Project

In case of RTGS Mode

i RTGS/IPG Transaction No.

ii RTGS/IPG Transaction Date

In case of BG mode

i BG No. & date of issue

Ii Amount (in Rs. lacs)

Iii Name of issuing Bank

iv BG valid upto

The excel sheet is available for reference at the website of

www.etender.punjabgovt.gov.in


Page 121

Format 6.12 B— Summary Data Sheet Part 1 B

(Techno – Commercial)

(The summary sheets to be filled and submitted online, the below table

shows only specimen copy)

The following techno commercial details to be filled

(Capacity: 1MW) as follows:

Sr. No. Description Compliance

Page No.

1 Name of the Bidding Company

2 Name of the Lead Member of the Consortium, in case of Consortium

3 Technology and Technology Partner (for information only)

i Proposed Technology

ii Technology Partner of the Company / Consortium, If known

4 Newly Incorporated Companies / Existing Companies/ Bidding Consortium: (Bidding Company)

i

Name of the Parent Company, in case of seeking net worth of parent company

ii Relationship with Bidder

iii Net Worth Details:

iv FY 2011–12

v FY 2012-13

vi FY 2013-14

vii Total Committed Net worth, Rs. In Crores

5 Financial Details in case of Existing Company Consortium

Consortium Member – 1:

Net worth

FY 2011–12

FY 2012-13

FY 2013-14


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Page No.

Financial Year to be Considered

Internal Resource Generation

FY 2011–12

FY 2012-13

FY 2013-14


Annual Turn Over

FY 2011–12

FY 2012-13

FY 2013-14



Net worth

FY 2011–12

FY 2012-13

FY 2013-14



FY 2011–12

FY 2012-13

FY 2013-14


Annual Turn Over

FY 2011–12

FY 2012-13

FY 2013-14



Net worth

FY 2011–12

FY 2012-13

FY 2013-14



FY 2011–12

FY 2012-13


Page 123


Page No.

FY 2013-14


Annual Turn Over

FY 2011–12

FY 2012-13

FY 2013-14


Total Financial details:

i Net Worth

ii Annual Turn Over

iii Internal Resource Generation

6 Confirm attachment of Financial requirements as per format 6.6 (Yes / No)

7 Confirm submission of "Net Worth" certificate for newly incorporated companies and "Net Worth", Internal Resource Generation" and "Annual Turn Over" from a Chartered Accountant. (Yes / No)

8 Confirm attachment of Board Resolution as per format 6.4 (Yes / No)

9 Confirm attachment of Consortium Agreement as format 6.5 if applicable (Yes / No)

10 Confirm attachment of disclosure statement as per format 6.6 (Yes / No)

The excel sheet is available for reference at the website of

www.etender.punjabgovt.gov.in


Page 124

Annexure 1

Technical Specifications of Civil & Electrical Works

1. The specifications of civil works to be executed must confirm to PWD /

CPWD specifications in accordance with the all relevant codes / bye-laws

prevelant indicating civil works specification as well as its execution.

2. All electrical equipments, breakers, transformers, switch yard protective

equipment, metering, CT / PTs and other panels should confirm to the

specifications and standards as per state grid code notified by

PSERC/approved by PSPCL.

3. Bio CNG from biogas to be produced will have to meet the BIS

specifications as per IS 16087:2013, as specified by MNRE, Govt. of

India.


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Annexure - 2

List of Banks: Scheduled Commercial Banks

A SBI and Associates C Scheduled Private BankList

1 State Bank of India 1 Federal Bank Ltd.

2 State Bank of Bikaner & Jaipur

2 ING Vysya Bank Ltd.

3 State Bank of Hyderabad 3 Axis Bank Ltd.

4 State Bank of Indore 4 ICICI Bank Ltd.

5 State Bank of Mysore 5 HDFC Bank Ltd.

6 State Bank of Patiala 6 Yes Bank Ltd.

7 State Bank of Travancore 7 Induslnd Bank Ltd.

8 IDBI Bank Ltd.

B NATIONALISED BANKS

1 Allahabad Bank 12 Punjab National Bank

2 Andhra Bank 13 Punjab & Sind Bank

3 Bank of India 14 Syndicate Bank

4 Bank of Maharashtra 15 Union Bank of India

5 Canara Bank 16 United Bank of India

6 Central Bank of India 17 UCO Bank

7 Corporation Bank 18 Vijaya Bank

8 Dena Bank 19 Bank of Baroda

9 Indian Bank

10 Indian Overseas Bank

11 Oriental Bank of Commerce


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Annexure - 3

IMPLEMENTATION AGREEMENT

This Agreement made on this ___ day of the _______ month of 2015.

BY AND BETWEEN

Punjab Energy Development Agency (PEDA), of the FIRST PART;

&

______________________ Project Developer


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Annexure-4

TRIPARTITE AGREEMENT TO SIGNED AMONGST MUNICIPAL

CORPORATION LUDHIANA, PROJECT DEVELOPER/PEDA AND DAIRY OWNER ASSOCIATION FOR THE AVAILBILITY OF CATTLE

DUNG / RAW MATERIAL


Page 128

Annexure-5

LAND LEASE AGREEMENT to signed between PEDA & GLADA and subsequently sub lease

between PEDA & Project Developer


Page 129

Annexure-6


Page 130


Page 131

Annexure-7

KEY PLAN OF SITE ADVERTISED IN THIS RFP DOCUMENT


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Photograph of Proposed Project Site


Page 133

Annexure-8

STATE NRSE POLICY-2012

GOVERNMENT OF PUNJAB

DEPARTMENT OF SCIENCE, TECHNOLOGY, ENVIRONMENT AND NON-CONVENTIONAL ENERGY

Notification

The 26th DECEMBER, 2012

No. 10/174/2012/STE(3)/4725 -The Governor of Punjab is pleased to

formulate a 'New and Renewable Sources of Energy (NRSE) Policy –

2012’, to develop and promote new and renewable sources of energy

based technologies and energy conservation measures as well as

providing financial & fiscal assistance, thereby addressing the problems

arising from depletion of conventional sources of energy and environment

pollution. This policy shall replace and supersede the previous policy

notified vide No. 10/106/2006-STE (1)/5390 dt. 24th November, 2006,

unless specifically stated otherwise hereunder.The Policy would be

effective from the date of its notification in the official gazette of Punjab

Government and shall remain in operation till the Government notifies the

new policy. For giving effect to this policy, necessary amendments in

variouspolicies, rules & regulations, wherever necessary, shall be

expeditiously undertaken by the concerned departments.


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1. OBJECTIVES

1.1 Punjab has considerable potential in NRSE sector which is being

harnessed. With a view to maximize the utilization of these

resources; this policy aims to achieve the following objectives:

To maximise and improve the share of new and renewable

sources of energy to 10% of the total installed power capacity in

the state by 2022. NRSE sector wise details are mentioned

separately.

To promote renewable energy initiatives for meeting energy /

lighting needs in rural areas and supplementing energy needs in

urban, industrial and commercial sectors.

1.2 Further, in order to achieve the aforesaid objectives, the following

shall bethe major strategic initiatives :-

To create conducive conditions for attracting private sector

investment in NRSE projects along with broader participation by

public community/civil society.

To provide decentralized renewable energy for agriculture, industry,

commercial and household sector particularly in rural areas thereby

improving the quality of power and reducing transmission &

distribution losses.

To give support to specific NRSE projects and schemes for

generating energy and conserving energy through energy efficiency.

To support research and development, demonstration and

commercialization of new and emerging technologies in renewable


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energy sector such as fuel cell, hydrogen and chemical energy,

alternate fuels for transportation etc.

2. NRSE THRUST AREAS

2.1 NRSE are defined as Small hydro upto 25MW, Biomass including

Co-generation, Solar Photovoltaic, Solar Thermal, Urban, Municipal

and Industrial solid / liquid Wastes, Biomethanation, Gasification,

Wind and New NRSE sources like fuel cells/Hydrogen/Biofuels etc. of

any capacity. This form of energy would mitigate carbon dioxide

emissions and combat climate change. Given the geographical

location of the State of Punjab, and its access to various sources of

energy, the State would promote investment through private/public

sector participation in the following areas:

2.2 Small/ Mini / Micro Hydel:

By virtue of its topographic location and agriculture base, the State

has an extensive irrigation canal network with estimated total

potential of over 250 MW. The State Government is committed to

exploit the total potential by the year 2022.

2.3 Biomass/Agro residue:

Punjab is primarily an agrarian economy and holds tremendous

potential for energy generation from agro- residues like Cotton stalks,

Paddy Straw, Paddy Husk etc. It is proposed to achieve a target of

600 MW power generation in this sector by 2022.

Also the existing industries like Sugar, Paper and others have still an

estimated unexploited potential of about 500MW of co-generation.

Details are placed at Annexure-1A.


Page 136


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2.4 Urban, Municipal and Industrial Liquid / Solid Waste:

At present about 5000 Metric Tons of Municipal, Urban and Industrial

solid waste is being produced every day in the urban areas of the

State. Introducing scientific processing and treatment of this quantity

of waste would add to power generation besides being

environmentally benign. Such projects shall be supported on different

waste streams in the State. It is proposed to achieve a target of 50

MW power generation in this sector by 2022.

2.5 Solar Power generation:

Punjab is endowed with vast potential of solar energy with over 300

days of sunshine in a year with insolation level varying between 4-7

Kw/sq.mtr. Solar Power Generation capacity is targeted at 1000MW

by 2022.With these projects located closer to the load in

distribution/transmission network, distribution losses will be reduced

considerably and voltage drop at peak day time load will be

minimized. Details are placed at Annexure-1B.

2.6 Wind Power :

Wind power potential is low in the State as the necessary wind

speedis not there. The state will support programmes to set up

innovative technology based wind turbines.

2.7 Upcoming NRSE technology based projects:

Lot of research is going on around the world for efficient and

economic transformation of available renewable sources of energy

for usage by the society. Fuel cells, Hydrogen energy, geothermal

energy, Bio fuels, Bio-ethanol etc. have great potential of becoming


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commercial RE technologies. Pilot, demonstration & commercial

projects in these upcoming NRSE technology sector shall be

encouraged to be set up in the state by PEDA. In addition PEDA

shall take up R&D projects in the Biomass especially paddy straw

combustion for power generation through Rankin cycle/gasification in

pilot mode.GIS mapping shall be carried out for land, biomass and

solar radiation and made available to project developers for project

facilitation. PEDA shall also carry out Power transmission/distribution

grid network study on 132/66 KV substations for assessing the

location suitability of RE projects for max grid/power benefits in terms

of voltage improvement, reduction in transmission/distribution losses,

evacuation infrastructure/support and decentralized power supply.

2.8 Promotion of Green Technologies:

PEDA shall facilitate and promote the green technologies in the state

for furthering the economic and industrial development. Technologies

such as Electric Vehicles, Compressed Biogas for Transportation,

Green battery technologies, energy efficient, carbon neutral building

technologies shall be promoted.

3. ENERGY CONSERVATION

Conservation of energy in domestic, commercial, agriculture,

transportation and industrial sectors can lead to major savings in

terms of reduced energy consumption thereby leading to bridge the

energy demand supply gap in the state. There is a potential of saving

of energy upto 20-25% in different sectors of the economy in the

state. Energy Conservation Measures shall be implemented and

enforced in the state in accordance with the provisions contained in


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the Energy Conservation Act-2001 by PEDA, in consultation with

Bureau of Energy Efficiency, Ministry of Power, Govt. of India.

Punjab has issued notifications for mandatory use of CFL, Roof Top

Solar Water Heating Systems, BIS approved & minimum BEE 4 Star

Labeled pump sets and promotion of energy efficient buildings.

Demo projects have been initiated for development of energy

efficiency in municipal street lighting, water pumping & existing Govt.

buildings. Use of BEE Star Labeled electrical appliances in all

government organizations has also been mandated.

Energy Conservation Building Code (ECBC) has been launched by

Bureau of Energy Efficiency, MOP, GOI on 27th May, 2007 to be

implemented on voluntarily basis. The code is applicable to buildings

/ building complexes that have a connected load / contract demand

of 100 kW / 120 KVA or moreand is being amended as the Punjab

Energy Conservation Building Code (PECBC) to be applicable in the

state of Punjab which falls in the composite climate zone within the

provision of the EC Act-2001. Three types of Green building rating

are also available i.e. Leadership in Energy and Environmental

Design (LEED), Green Rating for Integrated Habitat Assessment

(GRIHA) & BEE Star Rating of Buildings.

An energy conservation action plan team has been constituted under

the chairmanship of Principal Secretary, Science & Technology,

Environment and NCES which reviews implementation of various

energy conservation programmes in the State.


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4. FACILITATION OF NRSE PROJECTS

4.1 Govt. of Punjab shall provide assistance for setting up of NRSE

projects in the state. In addition the Govt. shall also provide fiscal and

technical assistance to encourage setting up of these projects.

4.2 NODAL AGENCY: Punjab Energy Development Agency (PEDA) is

the nodal agency for the implementation of the NRSE Policy on

behalf of the Govt. of Punjab. PEDA will be responsible for laying

down the procedure for inviting of proposals from NRSE project

developers i.e. preparing bid documents, managing the bid process,

evaluation of project proposals and its award to successful bidder,

project approvals and scrutiny of DPR, project implementation and

monitoring.

All NRSE project developers in the state (including Captive,

Cogeneration, IPP and merchant power developers) will be required

to submit their project proposals with PEDA for approval and

validation for sale of power in or outside the state.

4.3 SINGLE WINDOW CLEARANCE: Setting up of NRSE projects

involves sanctions/clearances from a number of Government

Agencies/Departments. The State Government shall provide the

clearances in a time bound manner through a single window

mechanism within a period of 60 days after the submission of

complete application along with necessary enclosures, fees/charges

and DPR. The Detailed procedure for according

approvals/clearances is placed at Annexure-II.


Page 141

4.4 FISCAL AND TECHNICAL ASSISTANCE: These have been detailed

out in annexure on ―FISCAL AND TECHNICAL ASSISTANCE‖

attached at Annexure-III.

4.5 ALLOTMENT OF PROJECTS: All NRSE Projects including Small

Hydro Projects upto 25 MW capacity, Biomass IPP, MW scale Solar

PV & Solar Thermal Projects, Waste to energy projects under IPP

mode and MW scale roof top solar PV for net metering/sale of power

shall be allocated through competitive bidding by PEDA. The project

developers shall sell all the energy generated from the projects to

PSPCL/Licensee at the tariff arrived after competitive bidding.

Financial eligibility Criteria for NRSE projects to be allocated through

competitive bidding is given at Annexure-IV.

Projects under REC mechanism may be allocated through

competitive bidding based on the percentage share of REC price. For

any project to be set up under REC mechanism, the first right to

purchase power will lie with PSPCL/LICENSEE at APPC tariff . On

their refusal, the bidding will envisage sale of power in open access.

Self-identified projects in the field of Small Hydro, ,waste to energy

based on cattle dung/ vegetable waste / poultry waste projects&

Biomass Power Projects Based on Energy Plantation & Rice Mill

Integrated shall be allocated on the recommendation of the project

allocation committee on case to case basis. Surplus Power from

NRSE Co-generation Projects shall be procured by signing of

Implementation Agreement (IA).In case of upcoming NRSE


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technology demonstration projects, the MOU route may be

considered.

All NRSE projects of capacity upto 1 MW shall be allocated on the

recommendation of PEDA, whereas all NRSE projects of capacity

more than 1 MW shall be allocated on the recommendation of the

Project Allotment Committee consisting of following members:-

1. Principal Secretary to Government of Punjab, - Chairman Department of Science, Technology,

Environment and Non-Conventional Energy.

2. Principal Secretary to Government of Punjab, - Member

Department of Power

3. Principal Secretary to Government of Punjab, - Member Department of Finance

4. Chief Executive, Punjab Energy Development - Member Agency.

5. Chairman cum MD, Punjab State Power - Member Corporation Ltd.

6. Director, PEDA. - Member

7. Jt. Director (Projects), PEDA - Convener

The Committee shall examine/evaluate the techno-commercial

conditions in the bidding documents for projects to be allocated

through competitive bidding/detailed project report for project

proposals under MOU route & shall grant approval to the offers/project


Page 143

proposal after considering the financial capability, technical capability,

status of technical collaboration with proven technology suppliers,

status of land identification and its availability etc.

5. RE Tariff

The NRSE projects shall be provided tariff for sale of power as per

PSERC RE tariff orders and shall be governed by RE regulations.

5.1 The preferential tariff of sale of power to the PSPCL/licensee from

NRSE projects to be set up under this Policy shall be as notified by

the PSERCfor the financial year in which PPA is signed but shall be

revised as per tariff notified for the financial year in which the

scheduled date of commissioning of the project falls except in case of

Solar PV and Solar Thermal power projects in which the tariff

applicability is for two years and three years respectively inclusive of

the Financial year in which PPA is signed in accordance with the

CERC RE regulations. Likewise, in case of NRSEprojects allocated

through tariff based competitive bidding / discount on preferential

tariff, the tariff arrived after competitive bidding / discounted tariff

shall be applicable in accordance with CERC RE regulations.

5.2 The developer in technologies/resources where tariff has not been

notified by the PSERC shall be required to submit petition to the

Commission for determination of tariff.

5.3 To maximize the availability of NRSE Power for PSPCL/LICENSEE

and to meet its RPO, NRSE based captive / co-gen power projects

setup and commissioned during the period of NRSE Policy-2006

having surplus power and not registered with PEDA so far or not


Page 144

signed the Implementation agreement will be allowed to get

themselves registered with PEDA and to sign agreement to facilitate

power purchase by PSPCL/LICENSEE. PSPCL will sign only long

term PPA with such registered projects on the last escalated tariff of

NRSE Policy-2006 payable for FY 2011-12.

5.4 As per Power Purchase Agreements signed with PSEB (now

PSPCL) by IPP Biomass/Biogas power projects allocated by PEDA

& set-up during the period of NRSE Policy 2001,the tariff has

become stagnant at Rs. 3.49 per unit since2006. The generic tariff

as per RE tariff regulation 2012 notified by CERC and adopted

by PSERC for biomass power projects allows 5% annual rise

in the fuel cost for the tariff period from the date of commissioning.

Therefore to enable these projects to continue generation, the tariff

for these projects will be re-determined by PSERC for the remaining

period of PPA.

5.5 No parallel operation charges shall be levied on NRSE projects.

6. IMPLEMENTATION OF PROJECTS

6.1 After issuing of all applicable statutory clearances the Producer shall

enter into an Implementation Agreement with PEDA within a period

of 15 days from the date of grant of applicable statutory clearances

for the project and also notification of tariff if applicable. The project

developer shall be required to submit a performance security in the

shape of Bank Guarantee of Rs 20lacs per MW in case of non-solar

projects and Rs. 40 Lacs per MW in case of solar projects before

signing of implementation agreement or as stipulated in the bid


Page 145

document. The performance security shall be forfeited by PEDA for

delays attributable to the developer as given in the allotment

letter/implementation agreement/bid document.

6.2 The implementation agreement shall contain the major provisions for

project allocation, land, location, power evacuation, project

completion schedule ,time period, project life, tariff, tariff period, PPA

period, various fiscal and technical assistance granted to the projects

under NRSE policy, penalty provisions in case of delay, arbitration

etc.

6.3 PSPCL/LICENSEE shall sign a Power Purchase Agreement within

30 days from the date of order issued by Commission in case tariff

approval is to be given by PSERC. In case of competitively arrived

tariff/preferential tariff and APPC, the PPA shall be signed within 30

days from the date of signing Implementation agreement by PEDA.

6.4 Scheduling: The NRSE projects operating in synchronization with

PSPCL /PSTCL system and selling /wheeling power shall be

required to adhere to scheduling as per applicable regulations of the

Appropriate Commission.

6.5 Banking: The banking facility for the power generated shall be

allowed for a period of one year by the PSPCL/LICENSEE/PSTCL.

However, the energy banked during non-paddy season and non peak

hours will not be allowed to be drawn during paddy season and peak

hours respectively.

6.6 Injection of NRSE power: PSPCL/LICENSEE/PSTCL will accept the

injection of energy in full even during sustained high frequency hours


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to ensure full utilization of non-conventional energy resources and

merit order shall not be applicable.

6.7 Energy Payment: PSPCL/LICENSEE will clear dues within 60 days.

However if the Developer requests for payment in 30 days or against

Letter of Credit / payment in 7 days, rebate of 1% or 2% respectively,

as the case may be, will be admissible to PSPCL/LICENSEE. Delay

in payments will attract interest as per PSERC/CERC regulations.

6.8 Letter Of Credit: PSPCL/LICENSEE/PSTCL will provide facility of

irrevocable and revolving, Letter of Credit issued by any nationalized

bank. The amount of the Letter of Credit shall be equal to the bill

amount of one month on the basis of average of last three months.

All expenditures on Letter of Credit shall be borne by the power

producers.

6.9 All project developers shall be required to submit monthly statement

for verification of usage of fuel as detailed out in RE regulations and

orders for determination of generic tariff issued by CERC. In addition,

monthly information with regard to other parameter like energy

generated, revenue earned, power factor and plant load factor

achieved, reasons for non-achievement of full generation etc as

directed by PEDA shall also be submitted so as to maintain and

update data bank on NRSE generation in the state and also for the

purpose of monitoring generation under RPO regulations.


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7. AMENDMENTS/ RELAXATION/ INTERPRETATION OF PROVISIONS OF THE POLICY

Government of Punjab, Department of Science, Technology, Environment

and Non-Conventional Energy shall take up cases for amendment/

relaxation/ addition/ interpretation of provisions under this policy.

Karan A. Singh

Principal Secretary to Govt. of Punjab,

Department of Science, Technology, Environment & Non-Conventional

Energy

No. 10/174/2012/STE(3)/4726 Dated: 26th Dec,2012

A copy is forwarded to the Controller, Printing and Stationary

Punjab, Chandigarh for publishing the above Notification in Punjab

Government Gazette and supply 50 copies thereof for official use.

Special

Secretary

A copy is forwarded to the following for information and necessary action

1. Financial Commissioner, Excise & Taxation, Punjab. 2. Financial Commissioner, Revenue & Rehabilitation, Punjab. 3. Financial Commissioner, Forests & Wildlife Preservation,

Punjab. 4. Principal Secretary to Govt. Of Punjab, Deptt. of Industries &

Commerce. 5. Principal Secretary to Govt. Of Punjab, Deptt. of Local

Government. 6. Principal Secretary to Govt. of Punjab Deptt. of Finance.


Page 148

7. Principal Secretary to Govt. of Punjab Deptt. of Power. 8. Principal Secretary to Govt. of Punjab Deptt. of Irrigation. 9. Principal Secretary to Govt. of Punjab Deptt. of Housing &

Urban Development. 10. The Chairman cum MD, Punjab State Power

Corporation Limited. 11. The Chairman cum MD, Punjab State Transmission

Corporation Limited. 12. The Secretary, Punjab State Electricity Regulatory

Commission. 13. The Chairman, Punjab Pollution Control Board. 14. The Chief Executive, Punjab Energy Development

Agency.

Special Secretary To,

1. Financial Commissioner, Excise & Taxation, Punjab. 2. Financial Commissioner, Revenue & Rehabilitation, Punjab. 3. Financial Commissioner, Forests & Wildlife Preservation, Punjab. 4. Principal Secretary to Govt. Of Punjab, Deptt. of Industries &

Commerce. 5. Principal Secretary to Govt. Of Punjab, Deptt. of Local Government. 6. Principal Secretary to Govt. of Punjab Deptt. of Finance. 7. Principal Secretary to Govt. of Punjab Deptt. of Power. 8. Principal Secretary to Govt. of Punjab Deptt. of Irrigation. 9. Principal Secretary to Govt. of Punjab Deptt. of Housing & Urban

Development. 10. The Chairman cum MD, Punjab State Power Corporation

Limited. 11. The Chairman cum MD, Punjab State Transmission

Corporation Limited. 12. The Secretary, Punjab State Electricity Regulatory

Commission. 13. The Chairman, Punjab Pollution Control Board. 14. The Chief Executive, Punjab Energy Development Agency.

I.D. No. 10/174/2012/STE(3)/4727 Dated: 26th Dec,2012


Page 149

ANNEXURE-I A

BIOMASS POWER GENERATION

a) Biomass IPP Project: Punjab agriculture is dominated by wheat

paddy cycle producing more than 10 million tons of paddy straw. Unlike

the past, where these were burnt in the fields, crop residue would now

contribute to farmer’s income and also lead to power generation. It is

estimated that huge quantities of surplus agro residues (including rice

straw) and agro industrial/processing waste is produced annually which

can generate de-centralized power of more than 600 MW. The State

Government is committed to support and facilitate harnessing the total

potential by the year 2022.

b) Energy Plantations based small capacity biomass plants:

Punjab has some tracts of degraded/waste lands and non-forest areas.

This could be used for raising dedicated plantations of fast growing high

yielding plant species such as Bambusa balcooa, melia dubia etc.

Lantana which is available in forest areas shall be encouraged for use as

biomass in such projects. These small capacity projects up to 2 MW can

be set up in technology neutral mode i.e. Rankin cycle, Gasification cycle

or Otto cycle.

c) Rice mills integrated small capacity Biomass Plants: Presently

very low pressure non-efficient boilers, based on obsolete technologies

are used in rice mills for parboiling/process steam requirements. There is

untapped potential of surplus power generation which can be realized by


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promoting the setting up of small high pressure boilers based biomass

plants with higher plant efficiency. Rice mills integrated small capacity

Biomass Plants in IPP mode up to 5 MW capacity shall be allowed to be

setup with due approval of PEDA with the condition that at least 25% of

the biomass used has to be rice straw. A rice mill of 4 TPH cap. shall be

allowed to set up a 1 MW cap. Biomass plant and rice mill of 20 TPH and

above shall be allowed to set up a 5MW cap. Biomass plant.These small

capacity projects can be set up in technology neutral mode i.e. Rankin

cycle, Gasification cycle or Otto cycle& will not infringe upon the

command area of the biomass IPP projects.

d) Co-generation: The State of Punjab has an established industrial

base which is expanding , Co-gen plants have proved to be highly

beneficial for the industry. The sugar, paper, fertilizer, chemical, textile

and other industries are still having an estimated combined potential of

500 MW, which is still to be realized. It is proposed to encourage the

industry to set up co-gen plants and achieve capacity addition of 500 MW

by 2022. These projects shall meet the qualifying criteria under topping

cycle as per CERC regulations.

Cogeneration projects under bottoming cycle or based on back pressure

turbines and tri-generation projects utilizing the waste heat for

heating/cooling/chilling purposes shall also be encouraged.


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ANNEXURE-1B

SOLAR POWER GENERATION

Solar energy would mitigate carbon dioxide emissions and combat climate change.

Rooftop projects shall be promoted in all sectors including Govt. buildings

in order to enhance the share of solar power in the state. PEDA will

implement MNRE,GOI scheme which provides 30% capital subsidy for

Stand alone rooftop SPV systems. PEDA shall also undertake a solar

rooftop programme in the state for the domestic, industrial and

commercial sectors through Grid interconnectivity by deploying net

metering / sale of power to PSPCL/LICENSEE.

PEDA shall facilitate bundled power scheme of MNRE, IREDA and NVVN

allocated MW scale solar power projects under JNNSM.Solar IPP projects

(MW Scale) shall be promoted under this policy.

REC based Solar projects will be encouraged where the Solar PV and

Solar Thermal IPP projects will be bid out competitively based on the

share of REC revenue.The power can be sold on APPC/Open Access

and proponent can claim REC for trading in power exchange . However,

PSPCL/LICENSEE shall retain the first right of refusal to such NRSE

power and in case of refusal, the developer can sell power under open

access.

Punjab State will also promote decentralized and off-grid solar

applications, including hybrid system as per guidelines issued by MNRE

to meet various electrical and thermal energy requirements. Some of the

major applications of solar thermal technologies include solar water

heaters, solar cooling systems, air drying, steam cooking, power


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generation, sterling engine. The off grid photovoltaic applications include

solar PV home lighting, police stations communication and lighting, Small

powered looms, solar inverters, solar PV pumps, powering computers in

schools, Small milk chilling plants, refrigeration for medicine in primary

health centers and Hybrid systems for Powering telecom towers etc. The

off-grid solar applications shall be promoted for replacement of diesel

based generators sets. Guidelines and incentives issued by MNRE

(www.mnre.gov.in) from time to time shall be followed in State for

promotion of decentralized and off-grid solar applications.

http://www.mnre.gov.in/


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ANNEXURE-II

PROCEDURE FOR PROJECT CLEARANCE

(1) The project developers who are allocated projects by PEDA shall be

issued a detailed allocation letter, while the developers for upcoming

technology projects shall sign an MOU with PEDA.The parties

selected to set up projects on the basis of competitive bidding or

desirous of setting up NRSE projects under this policy will be required

to submit a comprehensive proposal to PEDA for appraisal.

(2) The developer shall submit a Detailed Project Report (DPR) within two

months of issue of allocation letter/signing of MOU. The DPR should

contain the complete details of power generation technology, plant

technical details and parameters, fuel, fuel collection and sourcing

mechanism, water and land utilization and complete cost and financial

analysis indicating proposed tariff for the life of the project. The

developer shall be required to deposit the facilitation charges at the

time of approval of DPR. PEDA shall examine the DPR and give

comments/approval within a period of 30 days and thereafter the

developer shall submit a complete application for seeking applicable

clearances.

(3) All necessary and applicable clearances to be granted by State

Govt.(viz. Change of land use, Pollution Control, water, use of NRSE

resources ,factories/ labour clearances etc.) required for a project

would be considered in a time bound manner (within a period of 60

days from the date of submission of complete application along with


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requisite fee as per the requirement of clearance issuing bodies /

departments).

(4) The procedure for obtaining applicable clearances is as follows:-

a) The developer shall proceed ahead for filing the complete

applications on the required prescribed formats for obtaining

all necessary applicable clearances, forests, pollution control,

land, water, technical feasibility for evacuation of power etc.

along with the requisite applicable fees to the PEDA, which is

the single window clearance body for facilitating such NRSE

projects.

b) PEDA along with the nodal officers of the concerned

departments will scrutinize the applications and get the

shortcomings completed and will forward the applications to

the relevant Departments for their consideration and

concerned department will convey their clearance or

comments, if any within the stipulated time period of 30 days

from the date of forwarding the completed application.Private

developers shall be required to fulfill all statutory / legal

requirements with regard to project reports/documents

submission as per requirement of approval/clearance issuing

bodies/organizations under the Govt. rules, regulations &

Acts. Project developer shall be required to arrange fuel and

water linkages for the project.


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c) In case, the concerned department fails to respond within the

stipulated time of 30 days, the cases shall be taken up in the

empowered committee. PEDA shall seek a meeting of the

Empowered Committee constituted as under for this purpose

within the next 15 days.

(5) The Empowered Committee of Administrative Secretaries for

according statutory and non- statutory clearances of NRSE projects,

intra-departmental issues, clearances of upcoming technology RE

projects and policy matters is constituted as under:-

I) Chief Secretary to Government of Punjab - Chairman

II) Secretary to Government of Punjab, - Member

Department of Science, Technology,

Environment and Non-Conventional Energy

III) Principal Secretary to Government of Punjab, - Member

Department of Finance

IV) Principal Secretary to Government of Punjab, - Member

Department of Power.

V) Principal Secretary to Government of Punjab, - Member

Department of Forests.

VI) Chairman cum MD, Punjab State Power - Member

Corporation Ltd.

VII) Chief Executive, Punjab Energy Development - Convener

Agency.

The Committee may co-opt other Administrative Secretaries/ State

Government officials as and when required (e.g. Principal Secretary,

Irrigation, Industries and Commerce, Local Bodies, Rural Development

etc.) in respect of projects/ Clearances in their respective jurisdiction.


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The Committee will also oversee implementation of this Policy by the

other Departments/ Agencies.

(6) Representative(s) of the concerned department will participate in the

meeting of Empowered Committee to elaborate their

comments/observations, if any, for consideration of the committee. The

Secretariat of the Empowered Committee established in PEDA will

bring up the agenda items inclusive of the comments of the concerned

Departments if any along with its internal assessment/note on the

subject. The Empowered Committee would take a decision for

according its clearances within the stipulated period. The decision of

the Empowered Committee shall be final and binding on all concerned

departments.

(7) Punjab Irrigation Department/PSPCL/LICENSEE will designate

Officers who will accord technical/feasibility clearances of

drawings/technical specifications within 30 days.


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ANNEXURE-III

FISCAL AND TECHNICAL ASSISTANCE

With the objective to promote and develop NRSE programmes/ projects,

the State Government will provide fiscal and technical assistance for

energy recovery and power generation projects based on NRSE, to be set

up in the State to eligible power producers as under:-

1. Eligible Producers:

―Persons‖ generating electricity from non-conventional energy sources

such as small hydro projects upto 25MW, biomass combustion and

gasification, biomass and baggasse Co-generation process, Solar

Photovoltaic, Solar Thermal, Urban, Municipal and Industrial Waste, Wind

Electric Generators, biogas, gasification, Bio-methanation and upcoming

NRSE technologies like fuel cells/Hydrogen/Biofuel technologies of any

capacity etc. will be eligible to avail the assistance under the scheme.

There will be no restriction on generation capacity or supply of electricity

to the State grid.

2. Grid Interfacing:

(i) Interfacing, including installation of transformers, panels, kiosks,

protection and metering equipment on LT/ HT side of the

generating station up to interconnection point and its subsequent

maintenance shall be undertaken by the power producer/plant

owner. Punjab State Power Corporation (PSPCL/LICENSEE)

shall provide jumpers at the interconnection point as defined in


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applicable regulations or tariff order for evacuation of power to

PSTCL/PSPCL/LICENSEE’s grid substation.

(ii) If the power is proposed to be sold to PSPCL/LICENSEE on

Preferential tariff on long term basis, then the transmission line

and associated bay at PSPCL/LICENSEE grid substation along

with ABT compliant Check meters and associated equipment

will be provided by PSPCL/LICENSEE. In all other cases, the

private developer shall be required to lay its own transmission

lines from the switchyard of its generation facility to the

PSPCL/LICENSEE/PSTCL grid sub-station at its own cost in

addition to all equipment required for evacuation of power in its

own generating facility switchyard. All Associated equipment(s)

at the PSPCL/LICENSEE grid substation for accepting energy

from the project including up gradation required if any shall be

provided by the PSPCL/LICENSEE including Check meters and

associated CTs/PTs.

(iii) PSPCL/LICENSEE approved main ABT meter having two

independent registering facilities, one for the export of power to

the grid and another for import from the grid will be installed on

the HT side of Generator transformer in the switch yard at

interconnection point by the producer. The meters and metering

boxes will be sealed by the PSPCL/LICENSEE/PSTCL. The

energy meter(s) and associated CTs/PTs etc. shall comply with

the requirements of State Grid Code and CEA guidelines.

(iv) Necessary current limiting devices will be installed in the

generating equipment by the producer. Producer shall generate


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matching MVARs so that monthly average power factor does

not exceed 0.90 or as specified from time to time.

3. Facilities by Punjab State Power/Transmission Corporation

Limited:

i) Power Wheeling: The PSPCL/LICENSEE/PSTCL will undertake

to transmit/wheel the surplus power through its grid, and make it

available to the producer for captive use in the same company

units located in the State at a uniform wheeling charge of 2% of

the energy fed to the grid or as amended from time to time by

PSERC, irrespective of the distance from the generating station.

Such wheeling and/or transmission of power shall be governed

by Open Access Regulations /procedures.The captive power

production and consumption by beneficiaries i. e. same group

companies shall meet the requirements laid down in Electricity

Rules 2005.Captive power generators will be required to seek

permission of PSPCL/PSERC for laying of transmission line for

taking power to destination of use in Punjab.

(ii) Open Access: The NRSE Project developer as per entitlement

under the policy will also be allowed inter/intra state open access

in accordance with the open access regulations. This facility shall

be available only after refusal by State licensee to purchase the

power on preferential tariff under long term PPA.


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4. Fiscal assistance by Govt. of Punjab:

(i) Wherever Irrigation land on canal banks is available, Punjab

Irrigation Department (PID) will transfer canal land to PEDA on

notional lease amount of Rs. 1.50 lac per annum per site. The

leased canal land will be subsequently transferred to the power

producers for development of Small Hydro Projects on Build,

Operate and Own basis for 38 (three years shall be considered

as construction period) years on the same terms and conditions

set forth by PID subject to further renewal on mutually agreed

terms and conditions. Ownership of such land will remain with

PID. For setting up MHP on canals, wherever the Irrigation

Department executes the Deposit work inside the canal on

behalf of Private Developer, no Departmental Charges shall be

paid to PID by the private developer however, supervision

charges on actual basis shall be payable subject to maximum

5% of the deposit work executed by PID. In case the work is

executed by the private developer on his own, these works

shall be done after approval of the detailed design and

drawings by PID under the Supervision of Punjab Irrigation

Department and the Supervision Charges to be borne by the

Private Developer shall be on actual basis subject to maximum

5% of the total work executed by the developer inside the

canal.


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(ii) Wherever the required land belonging to local bodies/

panchayats is available, the State would encourage the local

bodies/ panchayats to provide the land for NRSE projects on

the terms and conditions specified in para (i) above.

(iii) The power producers setting up hydel projects will pay cess @

1.5 paisa per unit of electricity generated for use of river/ canal

water.

(iv) For canal based hydel projects, pondage of water upto Full

Supply Level in the upstream of canal shall be allowed for

optimal utilization of water resources.

(v) The NRSE Power Generation and consumption by generators

themselves as a captive unit from NRSE projects shall be fully

exempted from levy of Electricity Duty. 100% Electricity Duty for

power consumed from state licensee during construction and

testing of the project shall be waived.

(vi) Octroi on NRSE fuels to be used for energy generation and

NRSE devices/equipment/machinery for NRSE Power Projects

shall be fully exempted. Similarly Octroi on self-consumption of

power by captive power plants in the same premises or thru

wheeling by open access to same group companies shall also

be exempted.

(vii) To promote usage /generation from NRSE, manufacturing &

sale of NRSE devices/systems, and equipments / machinery

required for NRSE Power Projects shall be exempted from

Value Added Tax (VAT) and any cess thereupon


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(viii) 100% exemption from entry tax in respect of all supplies

(including capital goods, structure and raw materials) made for

setting up and trial operations of the projects.

(ix) 100% exemption from payment of fee and stamp duty for

registration/lease deed charges for the land required for the

project.

(x) Agricultural land shall be allowed to be used for setting up of

Renewable Energy Power Projects in the state and no CLU,

EDC/or any other charges/fees for the same shall be payable.

(xi) Solar PV Power projects shall be exempt from obtaining any

NOC/consent under Pollution control laws from the PPCB.

(xii) All projects developed under this policy will be treated as

industry in terms of industrial policy of the state and all the

incentives available to new industrial projects will be applicable

to Renewable power projects set up under this policy as per

industrial policy of the state, for which approval shall be taken

from the Department of Industries and Commerce.

(xiii) Any benefits under any relevant policy such as Mega projects

Policy of State Government can be availed by the project

covered under this policy, subject to qualifications and approval

of the concerned departments, if any, and subject to conditions

as may be prescribed on case to case basis by the Concerned

Administrative Department.


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Annexure-IV

FINANCIAL QUALIFICATION CRITERIA FOR NRSE PROJECTS

1. Existing Companies: The company/entity desiring to setup NRSE

projects in State of Punjab must fulfill the following minimum financial

criteria & required to submit its proposal to PEDA for approval of the

project.

Financial Criteria:

(i) Internal Resource Generation: Rs. 75 Lacs or equivalent US$*

per MW of the capacity, computed as five times the maximum

internal resources generated during any of the last five years

business operations.

(ii) Net worth: Rs. 1.00 crore or equivalent US$* per MW of the

capacity. The computation shall be derived from any of the last

three year’s annual accounts.

(iii) Annual Turnover: Rs. 3.00 crore or equivalent US$* per MW of the

capacity. The computation shall be derived from any of the last

three year’s annual accounts.

* The US$-Indian Rupee Exchange rate shall be considered as the

corresponding TT buying rate specified by the State Bank of India

seven days before the last date of submission of proposal to

PEDA


Page 164

2. Newly Incorporated Companies:

For a newly incorporated Company/Consortium relying solely on its

own credentials, where the annual accounts have not been

prepared, The Net Worth requirement for such

companies/consortium shall be Rs. 2 Cr / MW and should be met as

on day not more than seven days prior to the last date of

submission of response to RFP by the bidding

Companies/Consortium. To demonstrate fulfillment of the criteria,

the Bidder shall submit a certificate from a Charted Accountant

certifying the availability of Net Worth on the date not more than

seven days prior to submission of response to RFP along with a

certified copy of balance sheet, profit & loss account, schedules and

cash flow statement supported with the Bank Statement.