Addendum 1 Date- 29.02.2020 Table 1 Goldi Solar Private Limited 1... · Table 1 – Goldi Solar...

Addendum – 1

Minutes of Pre-bid meeting held on 24.02.2020 in the tender invited by GUVNL

vide RFS No. GUVNL / 500 MW / Solar (Phase VIII) dated 07.02.2020 (Phase VIII)

Date- 29.02.2020

Table 1 – Goldi Solar Private Limited

SN Reference Clause Query GUVNL’s reply

1 3.7.4 (iii) of RFS

Performance Bank Guarantee (PBG) - Bidders selected by GUVNL based on this RfS shall submit Performance Guarantee for a value of @ Rs 18.88 Lakh / MW at the time of signing of PPA.

Request to reduce Performance Bank Guarantee (PBG) amount.

The amount of PBG has been reduced in line with SECI’s recently amended bid documents to Rs 8 lakh / MW plus GST. Accordingly the bidders will be required to submit the PBG of Rs 9.44 lakh / MW. Necessary amendments have been issued in the bid documents.

2 3.4.4 (i) of RFS

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of Financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted).

Request to reduce the Net Worth per MW (of the capacity quoted) to INR 50 Lakh per MW.

The Net-worth requirement has been reduced in line with SECI’s recently amended bid documents to Rs 80 lakh / MW. Necessary amendments have been issued in the bid documents.

3 3.9.3 (iii) of RFS

In case the generation is over and above 10% of declared annual CUF, the Successful

We recommend GUVNL to purchase the excess generation at 100% of the PPA tariff as 75%

The provision is in line with MoP Guidelines. No change is required.


Bidder will be free to sell it to any other entity provided first right of refusal will vest with GUVNL. In case GUVNL purchases the excess generation, the same may be done at 75% (seventy-five per cent) of the PPA Tariff

of the tariff rate leads the loss to the developer.

4 3.9.4 of RFS

The Successful Bidders shall be free to operate their projects after expiry of the 25 years from the SCOD of the Project, if other conditions like land lease etc., permits. However, any extension of the PPA period beyond 25 years from the SCOD of the project shall be through mutual agreements between the Successful Bidder and GUVNL.

In case Government is not continuing the contract after 25 years then in this case whether developer is allowed to sell power to private parties?

Any extension in the PPA period beyond 25 years shall be through mutual agreements between parties. The bid documents do not restrict the sale of power to private parties if the PPA period is not extended. No change is required.

5 3.9.5 of RFS

The Successful Bidder will be free to repower their Plant(s) from time to time during the PPA duration. However, GUVNL will be obliged to buy power only within the range of CUF specified in the PPA

This clause may discourage to repower of the plant. Can government purchase all repowered units?

The repowering provision is provided to enable generators to meet their minimum CUF obligation by replacing the damaged modules. GUVNL’s obligation to buy power shall be limited to maximum limit of CUF. No change is required.

6 What are the charges and losses applicable from Government for this tender?

The question is not clear. Transmission charges and losses up to delivery point shall be borne by developer for which they have


to make their own assessment. All transmission charges and losses beyond delivery point shall be borne by GUVNL. No change is required.

7 What would be escalation in charges and losses in coming years? In case there would be substantial hike in charges / losses from Government then who will bear such extra charges?

Transmission charges and losses up to delivery point shall be borne by developer for which they have to make their own assessment. All transmission charges and losses beyond delivery point shall be borne by GUVNL. No change is required.

8 Due to poor weather if generation will be reduced and not achieved as per agreed terms then any penalty shall be applicable from GUVNL?

In case the project generates and supplies energy less than the energy corresponding to the minimum CUF (Calculation of CUF will be on yearly basis), the Power Producer will be liable to compensate GUVNL for the shortfall in availability below such contracted CUF level at 25% of the PPA Tariff. No change is required.

9 If bidder wins 25 MW contract then also same project completion time is given as mentioned as per tender terms?

Commissioning schedule of the project shall be as per tender terms, irrespective of the project capacity. No change is required.

Table 2 – M/s Juniper Green

Sl. No.

Clause No.

Existing Clause and proposed modifications

Rationale/Remarks/Query GUVNL’s reply

1 1.2.3 of RFS

Clause - The bidders will be free to avail fiscal incentives like Accelerated Depreciation, Concessional Customs and Excise Duties, Tax Holidays, benefits from trading of carbon credits, etc. as available for such projects. The same will not have any bearing on comparison of bids for selection. As equal opportunity is being provided to all bidders at the time of tendering itself, it is up to the bidders to avail various tax and other benefits. No claim shall arise on GUVNL for any liability if bidders are not able to avail fiscal incentives and this will not have any bearing on the applicable tariff. Proposal - Request to delete this clause

As you may be aware that the tariff rate under basic customs duty has been increased from 0% to 20% under the Finance Bill 2020. However, given the exemption under the Customs Notification No. 24 /2005-Customs, the customs duty is exempted. We request you to please confirm that withdrawal of such exemption would not be taken as withdrawal of a financial incentive under Cause 1.2.3 of the RFS and the same shall be considered under Clause 9.1.1 (b) of the PPA. Accordingly, in case, exemption is withdrawn after submission of bid, then any custom duty levied shall be reimbursed as per Change in Law provisions.

As per Clause 9.1.1. of the PPA, withdrawal of exemption from custom duty, if notified after bid deadline, shall be considered as Change in Law. No change is required.

2 1.2.3 of RFS

Clause - The maximum tariff payable to selected bidder shall be Rs 2.65 / unit. The financial bids of bidders quoting more than the ceiling tariff of Rs 2.65 / unit will be considered Non Responsive under Section 3.17 of the RfS. Proposal - The maximum tariff payable to selected bidder shall be Rs 2.78 / unit. The financial bids of bidders quoting more than the ceiling tariff of Rs 2.78 / unit will be considered Non Responsive under Section 3.17 of the RfS.

Request to increase the ceiling tariff as there are various reasons like: 1) Project cost in Gujarat is higher in comparison to other states. 2) Generation is lower in comparison to Rajasthan. 3) Uncertainties around various taxes being implemented by govt to promote local manufacturing. 4) Lenders are more cautious to lend hence the cost of lending has also increased.

Ceiling tariff of Rs 2.65 / unit has been kept considering prevailing market trends & local conditions of Gujarat. SECI’s ceiling tariff reflects the tariff of other states where local conditions would be different. Thus, the ceiling tariff of Rs 2.65 / unit is in order and no change is required.

3 2.1 of RFS

Clause - “Affiliate” in relation to a Company shall mean a person who controls, is controlled by, or is under the common control with such Company; Proposal - “Affiliate” in relation to a company shall mean a person who controls, is controlled by, or is under the common control with such company;

Can Affiliate be a foreign company, Request you that please do not link “Affiliate” with the definition of company as per Company Act 2013 or 1956 as “Affiliate” can be foreign company incorporated outside of India.

It is already clarified in the definition of the Ultimate Parent that the Parent or Ultimate Parent or Affiliate of a bidder can be a foreign company. No change is required.

4 3.4.4 of RFS

Clause - The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted). Proposal - The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 or as on latest available date, as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted).

Request to amend in line with clause 3.15.10 (iv). Please allow bidders to qualify based on net worth of the bidder as on latest available date as companies which have recently raised funds and are now self-sufficient to execute the project having the technical and financial capability as on date. The same is in line with other central bids as well.

It is already provided at clause 3.15.10 (iv) that GUVNL shall accept the Provisional Accounts which are duly certified by a practicing Chartered Accountant of India provided that an undertaking is submitted by the bidder confirming that Final Audited Annual Accounts for the last financial year are not available as on date of bid submission. Companies which have recently raised funds and are not able to meet net-worth as per the Clause 3.4.4 (i) i.e. as on 31.03.2019 or 31.12.2019, then the certificate issued by a Chartered Accountant certifying net worth as on latest available date based on certified copy of Balance Sheet, Profit & Loss account, Schedules and cash flow statement supported with bank statement shall be required to be submitted.

5 3.4.4 of RFS

Clause - The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted). Proposal - The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 (or 31.12.2018 for foreign companies), as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted).

Please allow Audited accounts of 31.12.2018 for bidders using credential of its foreign affiliate / parent / ultimate parent companies as the 2019 audited accounts are not yet available.

As mentioned in the above point, GUVNL shall accept the Provisional Accounts which are duly certified by a practicing Chartered Accountant of India, provided that an undertaking is submitted by the bidder confirming that Final Audited Annual Accounts for the last financial year are not available as on date of bid submission.

6 3.15.10 (iv) of RFS

Clause - ..........or in case the networth of the Bidder is not meeting the criteria as per Clause 3.4.4 (i), then the certificate issued by a Chartered Accountant computing net worth based on certified copy of Balance Sheet, Profit & Loss account, Schedules and cash flow statement as on latest available date supported with bank statement shall be required to be submitted.

Request to clarify "as on latest available date" can it be a date within last 6 months and also request to clarify that certificate of networth issued by CA can be based on provisional management accounts. Please advise what is required in the bank statement.

As mentioned at point No 4 , the companies which have recently raised funds and are not able to meet net-worth as per the Clause 3.4.4 (i) i.e. as on 31.03.2019 or 31.12.2019, then the certificate issued by a Chartered Accountant certifying net worth as on latest available date based on certified copy of Balance Sheet, Profit & Loss account,

Proposal - .........or in case the networth of the Bidder is not meeting the criteria as per Clause 3.4.4 (i), then the certificate issued by a Chartered Accountant computing net worth based on certified management accounts with copy of Balance Sheet, Profit & Loss account, Schedules and cash flow statement as on latest available date supported with bank statement shall be required to be submitted.

Schedules and cash flow statement supported with bank statement shall be required to be submitted. The financial accounts shall have to be certified by at least two Directors or Company Secretary instead of one Director.

7 7.2 (i), (iv) & (v) of PPA

(i) The Main Metering System and the Backup Metering System shall be sealed in the presence of representatives of Power Producer and GETCO /CTU. …............. (iv) All the Main and Check Meters shall be calibrated at least once in a period of three years. (v) In case, both the Main Meter and Check Meter are found to be beyond permissible limit of error, both the meters shall be calibrated immediately and............

…............. (iv) All the Main and Check Backup Meters shall be calibrated at least once in a period of three years. (v) In case, both the Main Meter and Check Backup Meter are found to be beyond permissible limit of error, both the meters shall be calibrated immediately and............- …............. (iv) All the Main and Check Backup Meters shall be calibrated at least once in a period of three years. (v) In case, both the Main Meter and Check Backup Meter are found to be beyond permissible limit of error, both the meters shall be calibrated immediately and............

Main Meters and Check Meter is required to be installed at GETCO Substation and a Back Up meter is required to be installed at generating terminal. Thus total three meters are required. No change is required.

8 9.1.1.a) of PPA

Clause - the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal, of any statute, decree, ordinance or other law, regulations, notice, circular, code, rule or direction by Governmental Instrumentality or a change in its interpretation by a Competent Court of law, tribunal, government or statutory authority or any of the above regulations, taxes, duties charges, levies etc. that results in any change with respect to any tax or surcharge or cess levied or similar charges by the Competent Government on the generation of electricity (leviable on the final output in the form of energy) or sale of electricity. Proposal – request to delete the underlined portion and add the following provision. “However, Change in Law shall not include (i) any change in taxes on corporate income or (ii) any change in any withholding tax on income or dividends distributed to the shareholders of the SPD.”

We request you to please remove the restriction of the Change in Law being applicable only on the sale of electricity. You will appreciate the fact that the business of the Distribution Licensee essentially is a Cost Plus business and thus if there is any Change in Law due to which tariff increases, the Distribution Licensee is liable to get equivalent relief from SERC. In such a case, it is not prudent to put restrictions on the generators to claim Change in Law since the same has potential to make the projects unviable. It may be noted that there have been media reports that the Govt of India is looking at changing the GST slabs due to revenue shortfall and is such a change happens, then under the current definition of Change in Law, the same would not be covered. All bids across the country do not put such restrictions on Change in Law.

The Change in Law provisions of PPA have been provided to reduce the risk / uncertainty emanating from major factors such as Anti Dumping Duty, Safeguard Duty, Custom Duty etc. Further, the imposition of tax or surcharge or levies on generation of electricity (leviable on the final output in form of energy) or sale of electricity is also covered under change in law as per PPA provisions. Bidder has to consider all other factors while quoting their bids and no liability shall arise on GUVNL due to such other factors.

9 9.1.1.b) of PPA

Clause - Introduction / modification / changes in rates of safeguard duty and/or antidumping duty and/or custom duty which has direct effect on the Project cost Proposal - Introduction / modification / changes in rates of any taxes/duties/cess/surcharge or similar charges on import of solar power equipment or parts thereof safeguard duty and/or antidumping duty and/or custom duty which has direct effect on the Project cost

Though the intent behind putting duties/t axes/ surcharge remains the same which is to promote domestic manufacturing, the same has bee done through different names for eg, safeguard duty, customs duty etc. Tomorrow, the govt may come out with an additional surcharge or tariff rate quota on import of solar equipment. Given that the intent of GUVNL is also to safeguard the SPD against such changes, it is prudent that the revised clause is used, which is more general in nature rather than being specific. It may be pointed out that a Social Welfare Surcharge equivalent to 10% on the Basic Custom Duty has been made applicable and though is currently nil since the Custom Duty is nil, it will however become non-zero as and when BCD becomes applicable.

The Change in Law provisions of PPA have been provided to reduce the risk / uncertainty emanating from major factors such as Anti Dumping Duty, Safeguard Duty, Custom Duty etc. Further, the imposition of tax or surcharge or levies on generation of electricity (leviable on the final output in form of energy) or sale of electricity is also covered under change in law as per PPA provisions. Bidder has to factor in all other changes while quoting their bids and no liability shall arise on GUVNL due to such other changes. It is hereby clarified that Social Welfare Surcharge, if applicable on Basic Custom Duty, shall be allowed as pass through under Change in Law by GUVNL.

10 9.2.2 of PPA

Clause - In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be

1) To cover the changed definition under Clause 9.1.1.a) 2) You may be aware that all solar projects are being installed with DC:AC ratio of upto 140%-150% . This allows to the solar power producer to optimize the project costs so as to provide the

GUVNL shall allow increase / decrease in tariff due to Change in Law for the Project Cost of upto 150% DC capacity of contracted AC capacity. Necessary amendments have been incorporated in the bid

allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC. Proposal - In case of Change in Law on account of 9.1.1a) and/or 9.1.1 (b) above affecting the Project Cost, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC. This increase/decrease in tariff due to Change in Law shall be permissible for the total Project Cost of the entire DC capacity of the Project. DC capacity of the project shall be permissible upto 160% of the Contracted Capacity of the Project.

lowest tariff possible. However, some states have created disputes and accordingly, we request that such clarifications are put in the PPA itself. The same has been done by SECI recently in its PPAs.

documents.

Table 3 – M/s Avaada

Sr No Clause Provision of RFS Query of bidder GUVNL’s Reply

1 1.2.2 of RFS

A detailed indicative list providing tentative RE integration capacity (MW) available districtwise / sub-station wise is available on GETCO’s website and can be downloaded from http://www.getcogujarat.com/getco_new/pages/reif.php. Bidders shall have to choose the location(s) and sub-station(s) for their proposed Solar Power Project from the above list as amended / updated by GETCO from time to time.

Request you to kindly confirm that the list provided on GETCO’s website is indicative only. Further, if technical prefeasibility confirmation from GETCO on the evacuation shall go well with GUVNL in terms of getting connectivity for the project.

It is already provided in the clause the list is indicative. GETCO has confirmed that the minimum capacity mentioned against each cluster will be feasible, subject to bay availability. Upfront technical prefeasibility cannot be confirmed by GETCO.

2 1.2.3 of RFS

The maximum tariff payable to selected bidder shall be Rs 2.65 / unit.

In the past renewable sector has undergoes through may challenges. Such as SGD and GST compensation, timely payment from the procurer, land acquisition, getting connectivity & LTA on time. In the view of above, SECI/ NHPC/ other state utilities have already revised their tariff upward to 2.78/kWh. Therefore, we request you to increase the ceiling tariff, from 2.65/kWh to 2.78/kWh.


3 3.7.1 of RFS

Performance Bank Guarantee (PBG) of Rs.18.88 Lakhs (Rs 16

Request you to kindly reduce the Performance Bank Guarantee

The amount of PBG has been reduced in line with SECI’s

http://www.getcogujarat.com/getco_new/pages/reif.php

http://www.getcogujarat.com/getco_new/pages/reif.php

Lakh / MW plus GST @18%) before signing of PPA

(PBG) upto Rs. 8 Lakhs / MW. recently amended bid documents to Rs 8 lakh / MW plus GST. Accordingly the bidders will be required to submit the PBG of Rs 9.44 lakh / MW. Necessary amendments have been issued in the bid documents.

4 6.4 of PPA

For payment of Monthly Bill by GUVNL, if paid before Due Date of Payment, a Rebate shall be deducted by GUVNL at the rate of seven (7) percent in excess of the applicable SBI 1 year Marginal Cost of Funds Based Lending Rate (MCLR) per annum / any replacement thereof by SBI, on the amount paid before due date, calculated on a week or part thereof basis viz

Request you to kindly modify this clause as under. For payment of Monthly Bill by GUVNL, if paid with in 7 days from the date of receipt of such invoices by the designated official of the GUVNL, a Rebate shall be deducted by GUVNL at the rate of seven (7) percent in excess of the applicable SBI 1 year Marginal Cost of Funds Based Lending Rate (MCLR) per annum / any replacement thereof by SBI.

No change required.

5 9.2.2 of PPA

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-

Request you to kindly modify this clause as under. In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 1 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the

The provisions of PPA adequately compensate the developer for increase in project costs due to mentioned duties. No change is required.

dumping duty and/or custom duty to the concerned Authority and with due approval of GERC.

Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC.

6 PPA

New Clause

Request you to kindly formulate a new clause “Termination Due to Force Majeure Event” in line with the guidelines for tariff based competitive bidding process for procurement of power from grid connected solar PV power projects by MNRE vide resolution no. No. 283/57/2018-GRID SOLAR.

GUVNL has taken approval of this deviation from MoP Guidelines. No change is required.

7 Clause No.: 3.10 of RfS An extension for the attainment of the financial closure can however be considered by GUVNL, on the sole request of the Successful Bidder, on advance payment of extension charges of Rs. 1000/- per day per MW (Plus GST). In case of any delay in depositing this extension charge, the Successful Bidder has to pay an interest on this extension charge for the days lapsed beyond due date of Financial Closure @ SBI MCLR (1Year).

Request you to kindly allow the bidder an extension for the attainment of the financial closure by submitting a Bank Guarantee, the amount of bank guarantee shall be equivalent to of Rs. 1000/- per day per MW Only.

The payment of penalty is specified in the MoP Guidelines. No change is required.

8 ARTICLE 8: Force Majeure of PPA - Force Majeure Events

Request you to kindly modify the “Force Majeure” clause in line with the guidelines for tariff based competitive bidding process for procurement of power from grid connected solar PV power projects by MNRE vide resolution no. No. 283/57/2018-GRID SOLAR.

GUVNL has taken approval of Hon’ble GERC for deviation from MoP Guidelines. No change is required.

Table 4 – M/s Vector Green

SN. Ref. Existing Clause Proposed Modifications Rationale / Remarks / Response

GUVNL’s reply

1 1.2.3 of RFS

GUVNL shall enter into PPA with successful bidders for a period of 25 years from the scheduled commercial operation date of the project. The maximum tariff payable to selected bidder shall be Rs 2.65 / unit

GUVNL shall enter into PPA with successful bidders for a period of 25 years from the scheduled commercial operation date of the project. The maximum tariff payable to selected bidder shall be Rs 2.65 / unit

Providing a ceiling tariff deters potential investor from participation as well as hinders effective competition and transparent determination of PPA tariff. It is best that the tender outcomes are left the market forces to determine and should not to be capped at any number to induce any bias in the tender. This is further strengthen the free market competition in the bids. In recent tenders it has been seen that tenders have closed at much higher tariff then the ceiling proposed in this.


2 2.1 of RFS

“Bidder” shall mean Bidding Company or a Limited Liability Partnership (LLP) or a Bidding Consortium

Expand the definition of "Bidder" as means any corporation, company, partnership, association,

This will allow companies owned by Fund, Trust, Pension fund, Insurance Companies and their

No change is required.

submitting the Bid. Any reference to the Bidder includes Bidding Company/ LLP/ Bidding Consortium/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.;

joint stock company, trust, unincorporated organization, joint venture or other legally recognized entity of whatever nature.

affiliates to participate in the tender. There are several new companies/platforms entering the renewable energy sector in India which are owned by pension fund or trust and have different type of incorporation structures.

3 2.11 of RFS

“Delivered Energy" means the kilowatt hours of Electricity actually fed and measured by the energy meters at the Delivery Point and as certified by Gujarat SLDC. In case of net import of energy during a month, the successful bidder shall be required to make payment to GUVNL at the rate of HT Temporary Tariff as determined by GERC from time to time. In case of net export of energy during a month, the Successful Bidder shall be eligible for the receiving agreed tariff from GUVNL for such net delivered energy. Following

Please clarify on netting of the import power by developer at nignt and during non generating hours

Import power have huge cost impact on the power margin, and clarity will help developer to better forecast the cost impact

As already clarified in the definition, in case the drawl exceeds the generation, i.e. if there is “net import”, then such excess drawn from the grid will be charged at applicable DISCOM tariff.

points shall also form part of this definition.

4 3.4.4 of RFS

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted)

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 0.7 Crores per MW (of the capacity quoted)

As per the Standard Bidding Guideline the Net-worth should be minimum 20% of the project cost. The latest project cost per MW is Rs.3.5 Crore Per MW as determined by HERC This will help to widen the scope of participation for new companies, which may not have the high networth for bidding larger capacities

The Net-worth requirement has been reduced in line with SECI’s recently amended bid documents to Rs 80 lakh / MW. Necessary amendments have been issued in the bid documents.

5 3.7 of RFS

Performance Bank Guarantee (PBG) of Rs.18.88 Lakhs (Rs 16 Lakh / MW plus GST @18%) before signing of PPA

Performance Bank Guarantee (PBG) of Rs.9.44 Lakhs (Rs 8 Lakh / MW plus GST @18%) before signing of PPA.

This will reduce the unwanted interest burden on developer for excess amount being kept as bank guarantee. SECI has also reduced the PBG amount from Rs. 20 Lakh/MW to Rs.8 Lakh/MW in its Solar Tender VIII

The amount of PBG has been reduced in line with SECI’s recently amended bid documents to Rs 8 lakh / MW plus GST. Accordingly the bidders will be required to submit the PBG of Rs 9.44 lakh / MW. Necessary amendments have been issued in the bid documents.

6 3.9.1 of RFS

A copy of Standard Power Purchase Agreement, to be executed between GUVNL and the Successful Bidder or its subsidiary Special Purpose Vehicle (SPV), as defined under section 3.4 of this RfS, shall be provided by GUVNL along with this RfS. The PPA shall be signed within 30 days from the date of issue of Letter of Award (LoA). PPA will be executed between GUVNL and Selected Bidders which shall be valid for a period of 25 years from the date of SCOD as per the provisions of PPA.

A copy of Standard Power Purchase Agreement, to be executed between GUVNL and the Successful Bidder or its subsidiary Special Purpose Vehicle (SPV), as defined under section 3.4 of this RfS, shall be provided by GUVNL along with this RfS. The PPA shall be signed within 90 days from the date of issue of Letter of Award (LoA). PPA will be executed between GUVNL and Selected Bidders which shall be valid for a period of 25 years from the date of SCOD as per the provisions of PPA.

Incorporation of new SPV, arrangement of PBG in name of new company and fulfillment of conditions for signing of PPA will require ample of time and given 30 days will be insufficient. As for any developer it would be very difficult to arrange PBG in name of new company, which it have to incorporate to sign the PPA and execute the project

Incorporation of SPV does not take time period of 30 days. Further, the bidders can start the procedure of incorporating the SPV parallel to bid submission, if required. Further, there are no conditions to be fulfilled which require the time period of 30 days. Hence, no change is required.

7 3.9.3 iv of RFS

Offtake Constraints Due to Back down- The Successful Bidder and GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the GERC. The Government of India, as per

Offtake Constraints Due to Back down- The Successful Bidder and GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the GERC. The

Grid Security is not defined in IEGC or Grid Standard, which will lead to ambiguity over claim of SPD on account of back-down. grid disturbance” means

The provisions are in line with MoP Guidelines, no change is required.

Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to solar power projects. Accordingly, no Solar Power Plant, duly commissioned, should be directed to back down by a DISCOM / Load Dispatch Centre (LDC). In case such eventuality of Back down arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Back down is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Successful Bidder shall be eligible for a Minimum

Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to solar power projects. Accordingly, no Solar Power Plant, duly commissioned, should be directed to back down by a DISCOM / Load Dispatch Centre (LDC). In case such eventuality of Back down arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Back down is on account of events like consideration of grid

ripping of one or more power system elements of the grid like a generator, transmission line, transformer, shunt reactor, series capacitor and Static VAR Compensator, resulting in total failure of supply at a sub-station or loss of integrity of the grid, at the level of transmission system at 220 kV and above (132 kV and above in the case of North-Eastern Region); “grid incident” means tripping of one or more power system elements of the grid like a generator, transmission line, transformer, shunt reactor, series capacitor and Static VAR Compensator, which requires re-scheduling of generation or load, without total loss of supply at a sub-station or loss of integrity of the grid at 220 kV and above (132 kV and above in the case

Generation Compensation, from GUVNL, in the manner detailed below.

security Grid Disturbance or Grid Incident or safety of any equipment or personnel or other such conditions, the Successful Bidder shall be eligible for a Minimum Generation Compensation, from GUVNL, in the manner detailed below.

of North-Eastern Region)

8 3.11 of RFS

Commissioning and penalty for delay in commissioning Further, evidence of clear possession of Project Site selected by Successful Bidder shall be submitted on or before the Scheduled Commercial Operation Date for which the Successful Bidder shall provide documents/ Lease Agreement to establish possession/right to use 100% (hundred per cent) of the required land in the name of the Successful Bidder or its Affiliate. In case the land is in the name of Affiliate, the land should be transferred in the name of Successful Bidder prior to

Commissioning and penalty for delay in commissioning Further, evidence of clear possession of Project Site selected by Successful Bidder shall be submitted on or before the Scheduled Commercial Operation Date for which the Successful Bidder shall provide documents/ Lease Agreement to establish possession/right to use 100% (hundred per cent) of the required land in the name of the Successful Bidder or its Affiliate. In case the land is in the name of Affiliate,

This will provide necessary clarity over title of possession of land, as all the transaction post the signing of PPA will be done by the SPV incorporated by the bidder

Clause 4.1.5 of the PPA provides that the land shall be in the name of power producer i.e. SPV. No Change is required.

Scheduled Commercial Operation Date (SCOD)

the land should be transferred in the name of Successful Bidder or the SPV incorporated by the bidder prior to Scheduled Commercial Operation Date (SCOD)

9 3.1.IV of PPA

Criteria for Generation: The Power Producer shall maintain generation so as to achieve annual CUF within + 10% and -15% of the contracted CUF till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, and within +10% and -20% of the contracted annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by GUVNL to the extent of non-availability of grid for evacuation which is beyond the control of the Power Producer. The annual CUF will be calculated every year from 1st April of the year to 31st March next year.

Please clarify the minimum CUF, as the RFS clause 3.9.3.i mention minimum CUF as 17% where as the PPA mention 15%

CUF to be declared by the power producer shall be minimum 17%. The actual CUF can be higher or lower than the declared CUF provided that it is in the range of +10% and -15% / -20% of the declared CUF, subject to minimum CUF of 15%.

10 3.1 vii of PPA

The Power Producer shall undertake at its own cost maintenance of the Interconnection Facilities, excluding the transmission line beyond the Sending Station as per the specifications and requirements of GETCO/ CTU, as notified to the Power Producer, in accordance with Prudent Utility Practices.

The Power Producer shall undertake at its own cost maintenance of the Interconnection Facilities transmission line upto the delivery point, excluding the transmission line beyond the Sending Station as per the specifications and requirements of GETCO/ CTU, as notified to the Power Producer, in

The interconnection facility comprise of the STU/CTU substation which have restrictive access and will not be feasible for the developer to commit for its maintenance

Line and associated

bay at both the end will

be established by

respective bidder only.

Routine O&M of line

and associated bay at

GETCO end will be

done by GETCO as per

GERC Regulations and

amendments thereof.

accordance with Prudent Utility Practices.

11 3.1.Xi of PPA

To procure start up power required for the plant from respective Discom

Please clarify, do the developer need to apply for separate connection for import power?

If required, the developers may take separate connection from DISCOM or make any other arrangement within legal framework and in compliance of applicable rules, regulations and standards.

12 3.2.ii of PPA

GUVNL shall allow the Power Producer to re-power their plants from time to time during the PPA duration. However, GUVNL will be obliged to buy power only within the range of CUF, specified in the PPA

GUVNL shall allow the Power Producer to re-power their plants from time to time during the PPA duration. However, GUVNL will be obliged to buy power only within the range of CUF upto the maximum CUF allowed in the PPA, specified in the PPA.

This will asssure for the offtake of the excess generation beyond the declared CUF

The clause is in line with MoP Guidelines. No change is required.

13 9.2.2 of PPA

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC.

Please clarify on the compensation mechanism if the effect of change in law is on the partial capacity and not on the full contracted capacity

Compensation will be subject to submission of proof of payments and with approval of GERC. The detailed claim will be examined by GUVNL and further information will be sought if required.

Table 5 – M/s Vena Energy

SN. Ref Existing Clause Proposed Modifications / Remarks GUVNL’s reply

1 1.2.3 of RfS


The maximum tariff payable to selected bidder shall be Rs 2.78 / unit. Rationale - The cost of execution has been increased drastically over the last few years and also the land price. Interest rates : Hardening of the interest rates for financing and liquidity constraints across the financial markets. All these combined have led to lowering of returns for the developers drastically and tariff cap of INR 2.65/kWh is no longer viable. SECI has also increased the Tariff Ceiling in last few bids to Rs. 2.78/kWh. Hence we request GUVNL to kindly increase the ceiling to Rs. 2.78/kWh.


2 3.4.4.(i) of RfS

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted).

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2018 or 31.12.2018 or 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted). Rationale - Net Worth if used for a foreign Affiliate/parent whose audited financials

Clarified at point 4,5 & 6 of the Table – 2 above.

for December 31, 2019 is not available yet. In such case can we use financials for December 31, 2018.

3 3.7.1 of RfS

Earnest Money Deposit (EMD) of Rs. 4 Lakh / MW in the form of Bank Guarantee along with RfS.

Earnest Money Deposit (EMD) of Rs. 4 Lakh / MW (inclusive of 18% GST) in the form of Bank Guarantee along with RfS. Please clarify that Rs. 4 lakh/MW is the final amount of EMD inclusive of GST.

GST implication arises only in case of forfeiture of EMD. Rs 4 lakh / MW will be considered as inclusive of GST in such case. No change is required

4 3.7.1 of RfS


Earnest Money Deposit (EMD) of Rs. 4 Lakh / MW (inclusive of 18% GST) in the form of Bank Guarantee or Corporate Guarantee along with RfS This is as per the recent proposal by MNRE, so as to help bidders avoid blocking of non-fund limits which are already constrained due to current market conditions.


4 3.9.3 (i) of RfS

The Bidders will declare the annual CUF of the Projects at the time of submission of response to RfS, and the SPDs will be allowed to revise the same once within first year of COD

The Bidders will declare the annual CUF of the Projects at the time of submission of response to RfS, and the SPDs will be allowed to revise the same once within first year of COD and once within the third year of COD Since the first year shall have stabilization issues as well as module performance uncertainties, to reduce the inherent risk to the SPD, it shall be beneficial if SPD are allowed to change the CUF during the third year of operations as well.

“Contracted CUF” shall mean the % capacity utilization factor of the project mentioned in Schedule 3 of the PPA and the same shall be allowed to be modified until 1 year from Commercial Operation Date and thereafter it shall remain unchanged for the balance term of the PPA. No change is required.

5 3.1.0 of The Successful Bidder shall Additionally in case of any delay in GUVNL shall file a petition

RfS report tie-up of Financing Arrangements for the Project(s) within 12 months from the date of execution of PPA for which the Successful Bidder shall furnish documentary evidence within 12 months from the date of execution of PPA. “SCOD” or “Scheduled Commercial Operation Date” shall mean the date as declared by the Successful Bidder in the PPA which shall not exceed 18 (eighteen) months from the date of execution of the PPA

adoption of tariff by the Appropriate Commission, beyond 30 (Thirty) days from PPA execution, shall entail a corresponding extension in Financial closure deadline as well as Scheduled Commissioning Date. Due to current market conditions, we are facing issues in financial closures and disbursements in case of any delay in tariff adoption which is effectively delaying project execution as well.

before Hon’ble GERC in accordance with the MoP Guidelines and request Hon’ble GERC to adopt the tariff within the timeline of 60 days specified in the MoP Guidelines. Necessary modifications in the bid documents have been issued.

7 Recitals Therefore this Power Purchase Agreement shall be subject to the adoption of tariff by the Honourable Commission

Delay in adoption of tariff by the Appropriate Commission, beyond 30 (Thirty) days, shall entail a corresponding extension in Scheduled Commissioning Date.

8 Clause 9.2.2 of PPA

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 1 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority

The formula provided at clause 9.2.2 of the PPA i.e. increase / decrease in tariff of 1 paisa / unit for every increase / decrease of Rs 2 lakh per MW, adequately takes care of financial implication of custom duty, irrespective of % rate of duty.

payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC.

and with due approval of GERC. The BCD may be imposed to the extent of 20% which would will make the project completely unviable. The current clause covers only partial damage.

9 Payment Process

JMR should be issued on 1st of every month, irrespective of forecasting and scheduling charges. As of now the Credit note is issued after the settlement for forecasting and scheduling due to which submission of invoice from customer and payment from GUVNL is delayed.

GUVNL shall make payment of energy invoices only after SLDC issues energy account. No change required.

Table 6 – AMP Energy India

SN Ref Existing Clause Proposal / Rationale GUVNL’s reply

1 10.3.2 of PPA

"..Provided that if all or any part of the Debt Due is convertible into Equity at the option of Senior Lenders and/or the Concessionaire, it shall for the purposes of this Agreement be deemed not to be Debt Due even if no such conversion has taken place and the principal thereof shall be dealt with as if such conversion had been undertaken.

Kindly amend the definition of Debt Due to consider the Debt even when such debt is convertible to equity at the option of Lenders, in case of event of default by the Borrower. As per RBI regulation of Standard Debt Restructuring (SDR), any project finance / lending agreement will provide the option to lenders for converting all or some portion of their debt to equity in case of event of default by the borrower. Lenders have also expressed their concerns towards

Convertible debt shall be considered equivalent to equity and the same shall be deducted from the amount of debt while calculating debt due.

this definition of debt due which shall not qualify for financing in their credit committee.

2 6.5 of PPA

GUVNL shall provide an Irrevocable and unconditional revolving Letter of Credit in favour of, and for the sole benefit of the Power Producer for the contracted capacity. All the cost incurred by GUVNL for opening, maintenance and other cost related to establishment of Letter of Credit shall be borne by the Power Producer

GUVNL shall provide an Irrevocable and unconditional revolving Letter of Credit in favour of, and for the sole benefit of the Power Producer for the contracted capacity. The cost for maintaining the LC should not be borne by the Power Producer.

GUVNL is regularly making timely payments against the outstanding bills for power purchase and is availing rebate. No change is required.

3 8.1 (b) of PPA

Unavailability, Late Delivery or Change in cost of plants and machineries, equipment, materials, spares parts or consumables for the project;

Unavailability or Late Delivery equipment, materials, spares parts or consumables for the project; Change in cost should not be exclusion to force majeure events.

No change is required.

4 10.2.2 of PPA

Term of this Agreement shall constitute an Event of Default by GUVNL: a. Failure or refusal by GUVNL to pay any portion of undisputed monthly bill for a period of 90 days after due date. b. GUVNL repudiates this Agreement. c. If GUVNL becomes voluntarily or involuntarily the subject of proceeding under any bankruptcy

d. Material breach of any of the provision of the PPA by GUVNL. e. Failure to offtake f. misrepresentation by GUVNL. Additional items as d., e. and f. proposed are quite standard in nature. We would request to kindly incorporate those

PPA provides penalties for failure to offtake by GUVNL. No change is required.

or insolvency laws or goes into liquidation or dissolution or has a receiver appointed over it or liquidator is appointed, pursuant to Law, except where such dissolution of GUVNL is for the purpose of a merger, consolidation or reorganization and where the resulting entity has the financial standing to perform its obligations under this Agreement and creditworthiness similar to GUVNL and expressly assumes all obligations under this agreement and is in a position to perform them.

5 13.5 of PPA

Limitation Remedies and Damages: Neither Party shall be liable to the other for any consequential, indirect or special damages to persons or property whether arising in tort, contract or otherwise, by reason of this Agreement or any services performed or undertaken to be performed hereunder.

The limitation on liability cannot be open ended and wide. There should be a cap on the liability

The clause is not open. On the contrary it limits the liabilities. No change is required.

6 Recitals Therefore this Power Purchase Agreement shall be subject to the adoption of tariff by the Honourable Commission

Delay in adoption of tariff by the Appropriate Commission, beyond 30 (Thirty) days, shall entail a corresponding extension in Scheduled Commissioning Date.

GUVNL shall file a petition before Hon’ble GERC in accordance with the MoP Guidelines and request Hon’ble GERC to adopt the tariff within the timeline of 60

days specified in the MoP Guidelines. Necessary modifications in the bid documents have been issued.

7 9.2.2 of PPA

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC.

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase / decrease of Rs. 1 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC. The imposition of BCD shall to be to the tune of 20% which would make the project completely unviable. The said clause in the current format covers only partial damage.

The formula provided at clause 9.2.2 of the PPA i.e. increase / decrease in tariff of 1 paisa / unit for every increase / decrease of Rs 2 lakh per MW, adequately takes care of financial implication of custom duty, irrespective of % rate of duty.

8 1.2.3 of RfS


Tariff cap to be removed. Providing a ceiling tariff deters potential investor from participation as well as hinders effective competition and transparent determination of PPA tariff. It is best that the tender outcomes are left the market forces to determine and

Ceiling tariff of Rs 2.65 / unit has been kept considering prevailing market trends & local conditions of Gujarat. SECI’s ceiling tariff reflects the tariff of other states where local conditions would be different. Thus, the ceiling tariff of Rs 2.65 / unit is in order and no change is

should not to be capped at any number to induce any bias in the tender. This is further strengthen the free market competition in the bids. In recent tenders it has been seen that tenders have closed at much higher tariff then the ceiling proposed in this

required.

9 3.4.4(i) of RfS

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 as the case may be shall not be less than INR 1.07 Crores per MW (of the capacity quoted).

The Net-Worth (as per Companies Act 2013) of the Bidder or its Affiliate or Parent / Ultimate Parent as on date of financial year ending i.e. 31.03.2019 or 31.12.2019 or as on the date at least 7 days prior to the bid submission deadline as the case may be shall not be less than INR 80 Lakhs per MW (of the capacity quoted). This would be in line with the latest modification/amendment introduced by SECI. In order to encourage participation from newly formed companies, the net worth requirement may please be reduced.

The Net-worth requirement has been reduced in line with SECI’s recently amended bid documents to Rs 80 lakh / MW. Necessary amendments have been issued in the bid documents. Other issues have been clarified at point 4,5 & 6 of the Table – 2 above.

10 3.7.1 of RfS


Earnest Money Deposit (EMD) of Rs. 4 Lakh / MW (inclusive of 18% GST) in the form of Bank Guarantee along with RfS. Please clarify that Rs. 4 lakh/MW is the final amount of EMD inclusive of GST.


11 Payment Process

JMR to be issued on 1st of every month irrespective of scheduling and forecasting charges As of now the Credit note is issued after the settlement for forecasting and scheduling due to which submission of invoice from customer and payment from GUVNL is delayed.

GUVNL shall make payment of energy invoices only after SLDC issues energy account. No change required.

Table 7 – M/s Tata Power Renewable Energy Ltd

SN Ref Provision Query / Suggestion GUVNL’s Reply

1 1.2.3 (RFS)


The current ceiling tariff of ₹2.65 is on the lower side considering the current market scenario, hence we request you to increase the ceiling tariff to Rs. 2.85/kWh.


2 3.7.2 (RFS)

The Bank Guarantees against EMD shall be returned to the Successful Bidders after PBGs submitted by them are verified by GUVNL and PPAs are signed. The PBGs will be returned to the Successful Bidders immediately

Request you to kindly identify the number of days in which the Bank Guarantees towards EMD and PBG will be released after the PBG verification/signing of PPA and after successful commissioning of the Project respectively. Timely release of EMD would help in maintaining the liquidity of the developers by not

GUVNL shall release the EMDs of successful bidders after PBGs submitted by them is verified. The PBGs will be returned to the Successful Bidders immediately after successful commissioning of their Project, after taking into account any penalties due to

after successful commissioning of their Project, after taking into account any penalties due to delays in commissioning as per provisions stipulated in Section 3.11.

blocking a huge amount for a longer period of time.

delays in commissioning as per provisions stipulated in Section 3.11.

3 3.5.7 (RFS)

The successful bidder shall not be entitled to deemed generation in case of any delay in grant of connectivity.

If the Successful Bidder has completed the project as per agreed time-line, yet the project commissioning gets delayed due to delay in grant of connectivity / operationalization of connectivity / open access, beyond the Bidder’s control, the Bidder should be entitled to deemed generation.

Provision for Generation Compensation due to Offtake Constraint on account of Transmission Infrastructure Not Complete/ Ready Beyond Delivery Point has been provided at clause 3.4 of PPA.

4 New Item

Adoption of Tariff With reference to MNRE Notification dated 22.10.2019 on Amendments to the Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar PV Power Projects - following clauses as per Point 2.9 (10.4 of guideline) to be adopted under GUVNL bid: 1. Subject to provisions of the Act,

the distribution licensee or the Intermediary Procurer, as the case may be, shall approach the Appropriate Commission for adoption of tariffs by the Appropriate Commission in terms of Section 63 of the Act. In case,

GUVNL shall file a petition before Hon’ble GERC in accordance with the MoP Guidelines and request Hon’ble GERC to adopt the tariff within the timeline of 60 days specified in the MoP Guidelines. Necessary modifications in the bid documents have been issued.

the Appropriate Commission does not decide upon the same within sixty days of such submission, the tariffs shall be deemed to be have been adopted by the Appropriate Commission.”

2. any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days, shall entail a corresponding extension in financial closure.”

3. any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days, shall entail a corresponding extension in scheduled commissioning date.”

5 3.9.3 (iii) (RFS)

In case the generation is over and above 10% of declared annual CUF, the Successful Bidder will be free to sell it to any other entity provided first right of refusal will vest with GUVNL. In case GUVNL purchases the excess generation, the same may be done at 75% (seventy-five percent) of the PPA tariff,

Request GUVNL to purchase such excess power at PPA tariff.


6 3.4.1 (RFS)

Further, the successful bidder shall ensure that its shareholding in the SPV (special purpose vehicle) / project company executing the PPA

Request you to reduce the equity lock-in period to 1 year


shall not fall below 51% (fifty-one percent) at any time prior to 3 (three) years from the COD, except with the prior approval of GUVNL.

7 5.2 OF RFS

Role of GETCO / CTU It is envisaged that the GETCO / CTU will provide transmission system to facilitate the evacuation of power from the Projects

List of Sub-stations of GETCO with available capacity for evacuation and available no. of Bays of interconnection at 66kV, 132kV & 220kV level. Please provide the list of GETCO GSS for RE Integration with available evacuation capacity and Bay availability. This will help Bidder to identify suitable land close to the substations where evacuation capacity is available and interconnection feasibility is there.

Indicative list of 66 KV to 400 KV level substations (updated up to Jan-2020) is already uploaded on GETCO website along with tentative RE capacity. Availability of feeder bays will be checked by GETCO after receipt of connectivity application from respective bidders. The successful bidders shall be required to declare the name(s) of proposed substation within 7 days from issuance of LoA by GUVNL to enable GETCO to decide priority to be given to successful bidders for granting connectivity.

8 9.1.1.a) of PPA

the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal, of any statute, decree, ordinance or other law, regulations, notice, circular, code, rule or direction by Governmental Instrumentality or a change in its interpretation by a Competent Court of law, tribunal, government or statutory

Proposed modification: the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal, of any statute, decree, ordinance or other law, regulations, notice, circular, code, rule or direction by Governmental Instrumentality or a change in its interpretation by a Competent Court of law, tribunal, government or statutory authority or any of the

Clarified at point 4 in Table - 2

authority or any of the above regulations, taxes, duties charges, levies etc. that results in any change with respect to any tax or surcharge or cess levied or similar charges by the Competent Government on the generation of electricity (leviable on the final output in the form of energy) or sale of electricity.

above regulations, taxes, duties charges, levies etc. that results in any change with respect to any tax or surcharge or cess levied or similar charges by the Competent Government on the generation of electricity (leviable on the final output in the form of energy) or sale of electricity which have a direct effect on the Project. However, Change in Law shall not include (i) any change in taxes on corporate income or (ii) any change in any withholding tax on income or dividends distributed to the shareholders of the SPD.

9 9.1.1.b) of PPA

Introduction / modification / changes in rates of safeguard duty and/or antidumping duty and/or custom duty which has direct effect on the Project cost

Proposed Modification: Introduction / modification / changes in rates of any taxes/duties/cess/surcharge or similar charges on import of solar power equipment or parts thereof safeguard duty and/or antidumping duty and/or custom duty which has direct effect on the Project cost

Clarified at point 4 in Table - 2

10 9.2.2 of PPA

In case of Change in Law on account of 9.1.1 (b) above, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise / unit for every increase /

In case of Change in Law on account of 9.1.1a) and/or 9.1.1 (b) above affecting the Project Cost, the Power Producer shall be allowed an increase / decrease in tariff of 1 paise

GUVNL shall allow increase/decrease in tariff due to Change in Law for the Project Cost of upto 150% DC capacity of contracted AC capacity.

decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC.

/ unit for every increase / decrease of Rs. 2 Lakh per MW in the Project Cost which shall be allowed upon submission of proof of payment made by the Power Producer towards safeguard duty and/or anti-dumping duty and/or custom duty to the concerned Authority and with due approval of GERC. This increase/decrease in tariff due to this change in cost of PV modules/DC equipment shall be limited upto 150% (One hundred & fifty percent) of the solar project capacity allocated to the project developer.

Necessary amendments have been incorporated in the bid documents.

Table – 8 – SUNGROW Power supply co.

Sr No

Query Reply

1 Does project can benefit for accelerated depreciation? There are no restrictions in the bid documents for availing of benefit of accelerated depreciation by the successful bidder.

2 Apart from 100% of land, are there any other documents which are required / needed to demonstrate the financial closure by successful bidder.

As per clause 4.1.5 of the PPA, the land documents are required to be submitted on or before SCOD. The requirement of documents to be submitted for financial closure has been specified in the definition of “Financial Closure” in the PPA.

3 The documents which are not in English language; do we need to get them translated from a certified / official translator?

Yes, as per clause 3.16 (viii) of RFS, all the information should be submitted in English language

only. In case of foreign bidders having documents in other than English language, then the documents shall be translated in English language by certified translator and submitted.

4

Please confirm if the clearances mentioned at Schedule 2 of the PPA are the only government approvals / permissions required from local bodies / State Government?

The list provided at Schedule 2 consists of generally required clearances and approvals. However, all other clearances and approvals, if required, shall be obtained by the project developer.

5 Can we submit 2019 unaudited financial report? Clarified at point 4,5 & 6 of the Table – 2 above.

6 Does the bidder need to submit the certifications about components as per Annexure A along with bid submission documents?

Bidders are not required to submit the certifications about components as per Annexure A along with bid documents, however, prior to commissioning of the project, the bidders have to submit the undertaking / certification about components as per Annexure A of the RFS documents.

7 Does the bidder need to give only the CUF figure details or does he need to submit the detailed design Information along with bid submission documents?

The bidder needs to give only the CUF figure details at the time of bid submission. Bidder is not required to submit the detailed design Information at the time of bid submission?

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