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EXTRAORDINARY
PART I - Section 1
PUBLISHED BY AUTHORITY
Ministry of Power
New Delhi,
Dated the [**]
RESOLUTION
No. [**]
Guidelines for determination of Tariff through transparent process of bidding for
procurement of power from Ultra Mega Power Projects (UMPPs) based on
allocated domestic captive coal blocks and to be set up on Build, Own and Operate
(BOO) basis
1.
Preamble
3.
3.1.
3.3.
The provisions of these Guidelines shall be binding on the Procurers. To carry out
the bidding process expeditiously, the following conditions shall be met by the
Procurers:
(i)
(ii)
The Operating SPV: The Procurers shall require the successful bidder
selected through the bidding process as enumerated under paragraph 4
to develop the Project through the Operating SPV. To enable this, the
Procurers shall obtain all the approvals required for the Project as
listed in paragraphs 3.3, 3.4 and 3.5 and shall transfer the Operating
SPV to the successful bidder.
(b)
The Infrastructure SPV: The captive coal block land along with the
mining rights and the land required for the construction of the Power
Station shall be held in the name of the Infrastructure SPV. The
Infrastructure SPV shall be transferred to the Procurers at the end of
the bidding process and the land required for the Power Station, the
captive coal block land along with the mining rights thereon shall be
leased by the Infrastructure SPV to the Operating SPV/Seller.
(ii) Land Acquisition for the Captive Coal Blocks: The Procurers shall
identify the total land required for the captive coal blocks and procure the
declaration of the Central Government under Section 9 of the Coal Bearing
Areas (Acquisition & Development) Act 1957, in the name of the
Infrastructure SPV for the portion of land that is sufficient to enable the
Operating SPV/Seller to source coal required to operate the Power Station at
normative availability for a period of at least five years from the COD of 1st
Unit of the Power Station.
(iii) Environmental Clearance for the Power Station: Rapid Environmental
Impact Assessment (EIA) Report for Power Station should be made
available.
(iv) Water linkage: The Procurers shall obtain the in-principle approval for
water linkage required for the Project in the name of the Operating SPV.
3.4.
(iii) Forest Clearance (if applicable) for the land for the Power Station:
Requisite proposal for the Forest Clearance in the name of the Operating
SPV should have been submitted, to the concerned administrative authority
responsible for according the final approval.
(iv) Connectivity and Long Term Open Access: Application for Connectivity
and Long-term Access in the name of the Operating SPV should have been
submitted to the CTU in accordance with the CERC (Grant of Connectivity,
Long-term Access and Medium-term Open Access in inter-State
Transmission and related matters) Regulations, 2009.
(v)
Blocks: The bidders shall be well advised to verify the data through their
own sources, as the risks would lie with the Operating SPV/Seller.
3.5.
Lease of Land for the Power Station: The Infrastructure SPV shall
transfer the critical land for the Power Station on a lease basis to the
Operating SPV. All the other responsibilities/actions with regard to the
critical land after the pronouncement of an award under Section 23 of the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 shall be the responsibility of the
Operating SPV/Seller. Further, all actions for the remaining area of the total
land required for the Power Station including the Rehabilitation &
Resettlement (R&R) obligations for the total land for Power Station shall be
that of the Operating SPV/Seller. It is hereby clarified that the remaining
area of the land shall be acquired by the Operating SPV/Seller in the name
of the Infrastructure SPV which in turn shall be leased to the Operating
SPV/Seller.
(ii)
Lease of Captive Coal Block Land: The Infrastructure SPV shall transfer
the land that is sufficient to enable the Operating SPV/Seller to source coal
required to operate the Power Station at normative availability for a period
of at least five years from the COD of 1st Unit of the Power Station, on a
lease basis. All the other responsibilities/actions with regard to the aforesaid
captive coal block land after the procurement of the declaration of the
Central Government under Section 9 of the Coal Bearing Areas (Acquisition
& Development) Act 1957 shall be the responsibility of the Operating
SPV/Seller. Further, all other actions for the remaining area of the total
captive coal block land, including the Rehabilitation & Resettlement (R&R)
obligations for the whole captive coal block land shall be that of the
Operating SPV/Seller. It is hereby clarified that the remaining area of the
captive coal block land shall be acquired by the Operating SPV/Seller in the
name of the Infrastructure SPV which in turn shall be leased to the
Operating SPV/Seller.
(iii) Environmental Clearance for the Power Station should have been obtained
in the name of the Operating SPV.
(iv) Stage I Forest Clearance for the Power Station should have been obtained in
the name of the Operating SPV.
3.6
The Procurers shall within 6 (six) months of the Effective Date of the Power
4.
Bidding Process
4.1.
A two-stage bidding process featuring separate RFQ and RFP stages shall be
adopted.
4.2.
The Procurers shall accord wide publicity by publishing the RFQ notice in at least
two national newspapers and at least one international newspaper and also on the
website of the Nodal Agency. The bidding shall necessarily be conducted by way
of International Competitive Bidding (ICB). For the purpose of the RFQ,
minimum conditions to be met by the bidders shall be specified by the Procurers
in the RFQ notice.
4.3.
Bidders who have qualified at the RFQ stage shall be eligible to participate in the
RFP stage.
4.4.
4.5.
4.6.
4.6.3. The bidder whose levelised tariff as per the evaluation procedure is the lowest,
shall be considered as the successful bidder for the award. The Evaluation
Committee shall have the right to reject all the price bids if the rates quoted were
not aligned to the prevailing market prices.
4.7.
4.7.1. In the bidding process, (i) a minimum period of 45 days shall be allowed between
the publication of RFQ and last date of submission of responses to RFQ and (ii) a
minimum period of 150 days shall be allowed between the issuance of RFP and
the last date of RFP Bid Submission.
The timetable for the bidding process is indicated in Annexure-I.
4.7.2. In normal circumstances, the bidding process is likely to be completed in a period
of 300 days, but the Procurers may give extended timeframe than indicated in
Annexure-I. However, if the bidding process is likely to take more than 730 days,
approval of the Central Government shall be obtained
5.
5.1.
After conclusion of the bidding process the Procurers shall provide a certificate on
the conformity of the bidding process to these Guidelines.
5.2.
The Procurers shall sign the PPA with the Operating SPV.
5.3.
For the purpose of transparency, the Procurers shall make the Bids public by
indicating all the components of tariff quoted by all the bidders. While doing so,
only the name of the successful bidder shall be made public and details of tariffs
quoted by other bidders shall be made public anonymously.
5.4.
The Procurers shall also make public the PPA. For this purpose, a notice shall be
published in at least two national newspapers and full details shall be posted on the
website of all the Procurers for at least thirty days.
5.5.
The signed PPA along with the certification provided by the Evaluation Committee
and by the Procurers as provided in Paragraph 5.1 shall be forwarded to the
Appropriate Commission for adoption of Tariff in terms of Section 63 of the Act.
1.
Event
Publication of RFQ
Elapsed
Time from
Zero date
Zero date
45 days
75 days
Sl.
No.
Event
Elapsed
Time from
Zero date
4.
5.
Final clarifications/amendments
6.
7.
240 days
300 days
8.
9.
225 days
*In case of any change in RFP document, the Procurers shall provide bidders additional time in
accordance with paragraph 4.10.
Note : It is clarified that if the Procurers give extended time for any of the events in the bidding
process, on account of delay in achieving the activities required to be completed before the
event, such extension of time shall not in any way be deviation from the these Guidelines.
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