Revised Jakeda RFP Phase Iv - 30032015

JAKEDA
RFP for Micro/Mini Hydro Power Projects
Revised
Request for Proposal
for
Competitive Bidding Process

for
Development of Micro/Mini Hydro Power Projects
(Phase4th)
in the state of
Jammu & Kashmir, India
Issued by
JAMMU & KASHMIR ENERGY DEV. AGENCY
(J A K E D A)
DEPARTMENT OF SCIENCE AND TECHNOLOGY
16, New Rehari,
Jammu,
Tel./Fax No. 0191-2546495
Email : xenjakeda@gmail.com
Date: -30thMarch, 2015
Page - i -
JAKEDA
Jammu & Kashmir Energy Development Agency (JAKEDA)

Science and Technology Department,
16, New Rehari,
Jammu,
Request for Proposal (RfP) for Development of Micro/Mini Hydro Power Stations in
the state of Jammu & Kashmir, India.
This RfP along with Annexures as per Index is issued to -
M/s. _______________________
___________________________
___________________________
___________________________
___________________________
NOTES:
1.
This document is not transferable.
2.
Though adequate care has been taken while preparing this RfP document,
the Bidder shall satisfy himself that the RfP document is complete in all
respects. Intimation of any discrepancy shall be given to this office
immediately. If no intimation is received from any Bidder within ten (10)
days from the date of issue of this RfP document, it shall be considered
that the issued document is complete in all respects and has been
received by the Bidder.
3.
While this RfP has been prepared in good faith, neither the JAKEDA nor
their directors or employees or advisors/consultants 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 contained
herein, and shall incur no liability under any law, statute, rules or
regulations as to the accuracy, reliability or completeness of this RfP, even
if any loss or damage is caused to the Bidder by any act or omission on
their part.
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JAKEDA
4.
By purchasing the RfP, the purchaser of the RfP and each of the Member
of a Consortium (collectively referred to as Covenantor), shall be deemed
to have confirmed that the Covenantor is fully satisfied with the process of
evaluation of the RfQ Bid by the the JAKEDA and its decision regarding the
qualification or disqualification or shortlisting of the Bidders for sale of the
RfP. The Covenantor hereby expressly waives any and all objections or
claims in respect thereof.
Jammu & Kashmir Energy Development Agency
Shri AbdulMajid Bhat
Executive Engineer (Nodal officer/Authorized Person)
Science and Technology Department
16, New Rehari,
Jammu,
Tel Fax No. 0191-2546495
Email: -xenjakeda@gmail.com
Date: 30th March 2015
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JAKEDA
TABLE OF CONTENTS
DEFINITION ............................................................................................................................. 1
1.
INTRODUCTION ................................................................................................................ 5
2.
INFORMATION AND INSTRUCTIONS TO BIDDERS ......................................................... 8

2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
3.
PURCHASE OF POWER BY PDD ................................................................................................. 8

SUBMISSION OF BID .............................................................................................................. 8
POINT OF CONTACT IN CASE OF BIDDING CONSORTIUM .................................................................. 9
BID VARIABLE ...................................................................................................................... 9
PRE-BID MEETING ................................................................................................................ 9
AMENDMENT OF RFP ........................................................................................................... 10
THE BIDDING PROCESS ........................................................................................................ 10
DUE DATES ....................................................................................................................... 18
VALIDITY OF THE BID .......................................................................................................... 19
METHOD OF SUBMISSION .................................................................................................. 19
PREPARATION COST......................................................................................................... 21
BID BOND .................................................................................................................... 21
PERFORMANCE GUARANTEE ............................................................................................... 23
BIDDERS MAY NOTE THAT ................................................................................................. 23
OPENING OF BIDS ........................................................................................................... 23
ENQUIRIES.................................................................................................................... 24
CONFIDENTIALITY ........................................................................................................... 24
RIGHT OF JAKEDA TO REJECT ANY BID................................................................................ 25
SUBMISSION OF ORIGINAL RFQ BID DOCUMENT ..................................................................... 25
EVALUATION CRITERIA ..................................................................................................26

3.1
3.2
3.3
3.4
BID EVALUATION ................................................................................................................ 26

STEP I - RESPONSIVENESS CHECK ........................................................................................... 26
STEP II - EVALUATION OF FINANCIAL BIDS................................................................................ 26
STEP III SUCCESSFUL BIDDER SELECTION ............................................................................... 27
LIST OF ANNEXURE
ANNEXURE 1: FORMAT FOR BID BOND ................................................................................................. 28
ANNEXURE 2: FORMATS FOR RFP PROJECT DOCUMENTS ........................................................................... 30
ANNEXURE 3: FORMATS FOR FINANCIAL BID .......................................................................................... 31
ANNEXURE 4: SITE DETAILS ALONG WITH SITE MAP ................................................................................ 33
ANNEXURE 5: UNDERTAKING, SCHEDULED COD AND CONTRACTED CAPACITY ................................................ 34
ANNEXURE 6: FORMATS FOR CLARIFICATIONS/ AMENDMENTS ON THE RFP .................................................... 37
ANNEXURE 7: FORMATS FOR BOARD RESOLUTIONS ................................................................................. 38
ANNEXURE 8: FORMAT FOR COVERING LETTER ....................................................................................... 42
ANNEXURE 9: FORMATS FOR POWER OF ATTORNEY ................................................................................. 44
ANNEXURE 10: FORMAT FOR PERFORMANCE GUARANTEE .......................................................................... 50
ANNEXURE 11: LIST OF BANKS .......................................................................................................... 53
ANNEXURE 12: EXCEL SHEET OF BID SUBMISSION................................................................................... 55
ANNEXURE 13: ILLUSTRATION FOR APPLICABLE BOARD RESOLUTIONS REQUIREMENTS UNDER 2.7.1.1 ................. 56
ANNEXURE 14: FORMAT OF DISCLOSURE .............................................................................................. 57
ANNEXURE 15: UPFRONT DECLARATION ............................................................................................... 57
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JAKEDA
DEFINITION
The capitalised terms used in this RfP; shall have the meanings given hereunder:
Affiliate shall mean a company that, directly or indirectly,
i) controls, or
ii) is controlled by, or
iii) is under common control with,
a Bidding Company (in case of a single company) or a Member in a Bidding
Consortium (in the case of a Consortium) and control means ownership by one
company of at least 26% (twenty six percent) of the voting rights of the other
company.
Authorised Person/Nodal Officer shall mean
JAKEDA to represent JAKEDA in its dealings with
Consortium. The authorised person shall be authorized
providing information, responding to enquiries, issuing
conference, issue advertisements for RfP etc.
the person designated by

the Bidder or the Bidding
to perform all tasks such as
clarifications, calling pre-bid
Bid shall mean Non-Financial Bid and Financial Bid submitted by the Bidders in
accordance with the terms and conditions of this RfP;
Bid Bond shall mean the unconditional and irrevocable bank guarantee submitted
along with the Bid by the Bidder as per the provisions of Clause 2.12of this RfP and
as per the format prescribed in Annexure 1Annexure ;
Bid Deadline shall mean the last date and time for submission of Bid in response
to this RfP, specified in Clause 2.8.1;
Bidder shall mean Bidding Company/Bidding partnership Firm/Bidding Proprietary
Concernas the case maybe (including its successors and legal assigns subject to
fulfilment of conditions given in RfP) or Bidding Consortium (including successors
and legal assigns of its Members subject to fulfilment of conditions given in RfP) who
meet the qualifying criteria as specified in the RfQ and have been pre-qualified by
JAKEDA based on RfQ Bid for submission of RfP Bid and has duly purchased the RfP
from the JAKEDA1;
In case of a Bidder being the Partnership firm, the declarations & formats need to be executed by
the Managing Partner and reference to Bidding Company shall be construed as reference to
Partnership Firm. Similarly for a Proprietary Concern the references to Bidding Company should be
construed as references to the Proprietary Concern and the formats need to be executed by the Sole
Proprietor.
Jammu& Kashmir Energy Development Agency
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JAKEDA
Bidding Company shall have the meaning ascribed thereto in the RfQ;
Bidding Consortium or Consortium shall have the meaning ascribed thereto in
the RfQ;
Bid Variable shall mean Upfront Premium to be paid by the bidder to JAKEDA for
award of the project, which shall not be less than, Rs. One (1.0) Lac per MW for
projects with a capacity of higher than 1.0 MW and Rs. Fifty (50) thousand per MW
for projects with a capacity upto 1.0 MW;
Change in Ownership shall mean change of ownership of the Bidder/Member in
a Bidding Consortium by way of merger/ acquisition/ amalgamation/ reorganisation/
consolidation/demerger
Conflict of Interest A Bidder may be considered to be in a conflict of interest
with one or more Bidders in the same bidding process if they have a relationship
with each other, directly or through a common entity, that puts them in a position to
have access to information about or influence the Bid of another Bidder.
Financial Bid shall mean Envelope II of the Bid;
Grid Code means the expression as per Indian Electricity Grid Code specified by
the Central Electricity Regulatory Commission (CERC) and as may be specified by
Jammu & Kashmir State Electricity Regulatory Commission(JKSERC).
IPP or Independent Power Producer shall mean the Successful Bidder to
whom the LOI has been issued by JAKEDA and Implementation Agreement has been
signed with.
JAKEDA shall mean Jammu & Kashmir Energy Development Agency;
Lead Member of the Bidding Consortium or Lead Member shall have the
meaning ascribed thereto in the RfQ;
Letter of Intent or LOI shall mean the letter issued by the JAKEDA to the
Selected Bidder for award of the Project;
Member in a Bidding Consortium or Member shall mean each company in
a Bidding Consortium
Non- Financial Bid shall mean Envelope I of the Bid;
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JAKEDA
Parent shall mean a company/person which has at least twenty six per cent
(26%) equity either directly or indirectly in the Bidding Company or Member in the
Bidding Consortium;
Implementation Agreement or IA shall mean the agreement titled
Implementation Agreement proposed to be executed between the JAKEDA and
Successful Bidder, an unsigned copy of which is attached hereto and marked as
Format 1 Annexure , including all its schedules, Annexures and all amendments or
modifications;
Detailed Project Report or DPR shall mean the report containing the
information regarding the Project, Site and other details;
RfP Project Documents shall mean the following documents to be entered into
in respect of the Project, by the parties to the respective agreements:
a) Implementation Agreement;
b) any other agreements designated as such, from time to time by the
Procurer and the JAKEDA;
RfQ shall mean the Request for Qualification document including the Annexures
thereof issued by Jammu & Kashmir Energy Development Agency on 16-12-2013 for
conducting a Competitive Bidding Process for Development of Micro/Mini Hydro
Power Stations in the state of Jammu & Kashmir, India and shall include any
modifications, amendments or alterations or clarifications thereto;
RfP shall mean this Request for Proposal along with all schedules, Annexures and
RfP Project Documents attached hereto and shall include any modifications,
amendments or alterations thereto;
Statutory Auditor shall mean the auditor appointed under the provisions of the
Companies Act, 1956 or under the provisions of any other applicable governing law.
Successful Bidder or Selected Bidder shall mean the Bidder selected
pursuant to this RfP to set up the Project as per the terms of IA and other RfP
Project Documents;
Ultimate Parent shall mean a company/person which owns at least twenty six
percent (26%) equity either directly or indirectly in the Parent and Affiliates.
Upfront Premium shall mean as mentioned in Format 1 of Annexure 3;
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JAKEDA
Note: Any capitalised term, used but not defined in this RfP, shall have the meaning
ascribed to such term in the Request for Proposal, Implementation Agreement. In
the absence of availability of definitions in the foregoing references, the capitalised
term shall be interpreted only for reference/guidance in accordance with Policy for
Development of Micro/Mini Hydro Power Projects-2011 or the J&K Electricity Act,
2010 or Electricity Act 2003 or the J&K State Electricity Regulatory Commission Act,
2000 or the J&K State Electricity Regulatory Commission (Amendment) Act, dated
17th March 2009 or any other applicable electricity laws, rules or regulations or any
other amendments in the laws from time to time.
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JAKEDA
1. INTRODUCTION
1.1
The State of Jammu & Kashmir (J&K) is the northernmost state of the country
with four geographical zones & three distinct climatic regions. The estimated
hydro potential in J&K is more than 20000 MW, of which projects for 16200 MW
have already been identified.
1.2
In order to electrify villages & hamlets, thrust has been provided to encourage
the development of Micro/Mini Hydro Power Projects (MHPs) in the state.
1.3
With the aim to promote and install micro / mini hydel projects in the state of
J&K, Power Development Department of J&K Govt. vide Govt. Order No.177PDD of 2009 dated 24.8.2009 has endowed Jammu & Kashmir Energy
Development Agency (hereinafter to be referred as JAKEDA) with the mandate
to implement all Micro / Mini Hydro projects up to installed capacity of 2 MW.
1.4
To promote investors participation in micro/mini hydropower projects JAKEDA

has come out with the Policy for Development of Micro/Mini Hydro Power
Projects-2011 (vide no: 71-ST of 2011 dated 27-12-2011). The said Policy
provides various incentives to the developers of the Micro/Mini hydro projects.
1.5
JAKEDA, in order to select competent, experienced and capable party having

the necessary technical competence, experience and financial strength for
developing such projects initiated a two stage competitive bidding process by
issuing RfQ on 16thDecember 2013 with subsequent modifications based on
queries raised by the prospective bidders.
1.6
A total of Fifteen (15) bidders submitted their responses to the RfQ issued by
JAKEDA. Around Eleven (11) bidders have been declared qualified and eligible
for issuance of RfP.
1.7
Any capitalised term, used but not defined in this RfP, shall have the meaning
ascribed to such term in the IA, other RfP Project Documents, RfQ, or the Policy
for Development of Micro/Mini Hydro Power Projects-2011, in that order. In the
absence of availability of definitions in the foregoing references, the capitalised
term shall be interpreted only for reference/guidance in accordance with the
J&K Electricity Act, 2010 or the Electricity Act 2003 or the J&K State Electricity
Regulatory Commission Act, 2000 or the J&K State Electricity Regulatory
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JAKEDA
Commission (Amendment) Act, dated 17thMarch 2009 or any other applicable

electricity laws, rules or regulations or any other amendments in the laws from
time to time.
1.8
The objective of the bidding process is to select a Successful Bidder for

development of the Projects based on the amount of Upfront Premium a bidder
is willing to pay to JAKEDA which shall not be less than, Rs. One (1.0) Lac per
MW for projects with a capacity of higher than 1.0 MW and Rs. Fifty (50)
thousand per MW for projects with a capacity upto 1.0 MW.
1.9
JAKEDA has identified following projects to be awarded to the Successful

Bidders for implementation through IPP mode. Details of the project cost as
provided herein below are tentative estimate and under review by external
technical consultants.
Project
Tehsil/Town
Capacity (in MW)

Jammu Province
Kishtwar District
Co-ordinates
Zabkul-Malwar MHP
Chatroo
2.00
Hw- 750 40 06.13 E 330 25 30.25 N
Sangambati MHP
Chatroo
2.00
Hw- 750 39 46.25 E 330 24 35.70 N
Inderwal MHP
Chatroo
1.80
Hw- 750 34 55.25 E 330 26 13.69 N
Poda Sarthal MHP

Kishtwar Total (in MW)
Kishtwar
1.40
7.20
Poonch District
Hw- 750 52.31 88 E 330 13 51.64 N
Sawjia Stage I MHP
Mandi
2.00
Hw- 740 19 13.20 E 330 52 55.48 N
Sawjia Stage II MHP
Mandi
2.00
Hw- 740 18 46.28 E 330 52 55.77 N
Arai Stage I MHP
Mandi
1.20
Hw- 740 16 47.05 E 330 47 17.93 N
Arai Stage II MHP

Poonch Total (in MW)
Mandi
1.60
6.80
Ramban District
Hw- 740 16 45.84 E 330 47 41.23 N
Khari Stage II MHP
Banihal
1.80
Hw- 750 08 36.93 E 330 23 11.34 N
Lanka MHP
Ramban Total (in MW)
Jammu Total (in MW)
Ramsu
Hw- 750 13 28.63 E 330 19 51.98 N
Hw- 750 23 39.18 E 330 30 52.55 N

Hw- 750 24 15.90 E 330 46 51.40 N
Mavar-Wayil MHP
Mattigawran Stage II MHP
Ahlan Stage I MHP
Ahlan Stage II MHP
Kokernag
Kokernag
Kokernag
Kokernag
1.75
3.55
17.55
Kashmir Province
Anantnag District
1.80
1.50
1.30
2.00
Ichoo MHP
Aripath MHP
Kokernag
Shang us
1.60
1.75
Hw- 750 24 36.37 E 330 29 24.43 N

Hw- 750 26 08.79 E 330 42 56.50 N
Hw- 750 24 44.86 E 330 28 35.05 N
Hw- 750 24 17.10 E 330 29 05.14 N
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JAKEDA
Anantnag Total (in MW)
9.95
Ganderbal District
Sarfaraw Stage II MHP
Kangan
1.40
Hw- 750 03 59.92 E 340 12 30.44 N
Pahalnar-Naranag MHP
Waniyaran MHP
Kangan
Kangan
1.20
1.10
Hw- 740 57 59.59 E 340 20 57.11 N

Hw- 740 57 15.81 E 340 19 01.91 N
Rayil Stage II MHP

Ganderbal Total (in MW)
Kangan
1.30
5.00
Baramulla District
Hw- 750 07 51.76 E 340 16 40.80 N
Hajipeer MHP
Baramulla Total (in MW)
Uri
2.00
2.00
Budgum District
Hw- 740 04 29.20 E 340 03 12.96 N
Budgam
1.70
1.70
18.65
36.20
Hw- 740 33 51.19 E 330 50 50.48 N
Dudhi Pathri MHP

Budgam Total (in MW)
Kashmir Total (in MW)
Grand Total
1.10
JAKEDA has initiated following development activities with respect to the

abovementioned projects:
a. The site selection;

b. Identification of Land;
c. The Detailed Project Report (DPR) for the project is prepared by consultants
engaged by the JAKEDA for the purpose and shall be made available to the
qualifying bidders along with issuance of RfP.
1.11
JAKEDA will award the Project to the Successful Bidder, after signing the
Implementation Agreement, at Rs 10 Lakhs / MW (towards recovery of Predevelopment costs incurred by JAKEDA) along with the amount of Upfront
Premium quoted by the Successful Bidder. The Project and Project site along
with all the assets built as part of the Project will be transferred back to the
JAKEDA at the end of the term of IA.
1.12
All Bidders are required to submit Bid in accordance with the instructions set
forth in this RfP. Bidders should provide information sought herein in order to
satisfactorily establish their competence and suitability for executing the
Project.
1.13
The Bids to RfP shall be valid for not less than one hundred eighty (180) days
from the last date of submission of Bid.
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JAKEDA
2. INFORMATION AND INSTRUCTIONS TO BIDDERS

2.1 Purchase of power by PDD
2.1.1 IPP shall be free to sell power as per the JAKEDAs Policy for Development of
Micro/Mini Hydro Power Projects-2011. In case IPP wishes to sell power to
JKPDD, same shall be purchased by JKPDD at a tariff determined by JKSERC
as per prevailing regulations.
2.1.2 The IPP is required to provide free power to PDD, as per the provisions of
Policy for Development of Micro/Mini Hydro Power Projects-2011.
2.2 Submission of bid
2.2.1 The list of the RfP Project Documents and certain obligations of the parties
regarding the same are provided below.
2.2.1.1 The drafts of the following RfP Project Documents have been attached to
this RfP:a) IA as Format 1 Annexure 2Annexure ;
The IA and the other RfP Project Documents shall be signed in required
number of originals so as to ensure that one original is retained by the
JAKEDA and one original is retained by the IPP.
2.2.1.2 Within thirty (30) days of the issue of the Letter of Intent, the Selected
Bidder shall:
i. furnish to the JAKEDA the Performance Guarantee in accordance with
Clause 2.13.1;and
ii. pay the price indicated under clause 1.11and execute the IA and the other
RfP Project Documents with the parties thereto, provided that the recitals as
mentioned in the IA and other Project Documents are true and valid on that
date. In case the recitals of the IA are not valid, the date of signing will be
delayed on a day to day basis till the end of the Bid validity. All stamp duties
payable for executing the IA and other RfP Project Documents shall be
borne by the IPP.
Further the Selected Bidder shall make payment of Upfront Premium quoted
as per Format 1 of Annexure 3 within 15 days from the date of issue of
Letter of Intent. This amount shall be payable by a crossed demand draft or
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JAKEDA
bankers cheque drawn in favour of CEO Jammu & Kashmir Energy

Development Agency payable at Jammu.
2.2.2 If the Successful Bidder fails or refuses to comply with its obligations under
Clause 2.2.1.2 and provided the JAKEDA and/or other parties to the
respective RfP Project Documents are willing to execute the said documents,
such failure or refusal on the part of the Selected Bidder shall constitute
sufficient grounds for cancellation of the Letter of Intent and the JAKEDA shall
be entitled to invoke the Bid Bond of the Selected Bidder.
2.3 Point of contact in case of Bidding Consortium
2.3.1 In case of Bid being submitted by a Bidding Consortium, the Lead Member of
the Consortium will be the single point of contact for the purposes of the
RfP,till the Effective Date. Any dispute amongst the Consortium Members shall
not be the responsibility of the JAKEDA and no financial burden shall pass on
to the JAKEDA on this account.
2.4 Bid Variable
2.4.1 Upfront Premium: The Upfront Premium shall be the amount quoted by
bidder in Format 1 of Annexure 3 of this RFP and shall be payable by
Successful bidder within 15 days from the date of issue of LOI.
2.5 Pre-bid Meeting
2.5.1 Apre-bid meeting was held on 25th February, 2015.
2.5.2 The purpose of the pre-bid meeting was to clarify any issues regarding the
RfP.
2.5.3 The Bidders may seek clarifications or suggest amendments to RfP Project
Documents in writing, through a letter or by fax (and also soft copy by e-mail)
to reach the JAKEDA (in both cases thereof) at the address indicated in
Clause 2.16within the date and time mentioned in Clause 2.8.2. For any such
clarifications or amendments the Bidder should adhere to the format enclosed
in Annexure 6. JAKEDA is not under any obligation to respond to any
clarifications sought by the Bidders or consider amendments suggested by the
Bidders.
2.5.4 Further, in case Bidders need any clarifications, they should ensure that
written request for such clarification is delivered to the JAKEDA, as the case
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JAKEDA
may be, at least fifteen(15) days prior to the Bid Deadline as mentioned in
clause 2.8.2. JAKEDA may issue clarifications only, as per its sole discretion,
which is considered reasonable by it. Any such clarification issued shall be
sent to all Bidders to whom the RfP has been issued. Clarifications sought
after this date shall not be considered in any manner and shall be deemed not
to have been received.
2.5.5 Non-attendance at the Pre-bid meeting will not be a cause for disqualification
of a Bidder.
2.6 Amendment of RfP
2.6.1 Any time after the issue of RfP mentioned in Clause 2.8.2, the JAKEDA may,
for any reason, whether at its own initiative or in response to a clarification
requested by any Bidder, modify or amend the RfP (including RfP Project
Documents), including the timelines specified in RfP.
2.6.2 The amendment to the RfP shall be notified in writing through a letter or fax
or e-mail to all the Bidders and shall be binding on them.
2.6.3 All such amendments shall be issued at least seven(7) days prior to Bid
Deadline.
2.6.4 In order to give Bidders reasonable time to take the above amendments into
account in preparing their Bids, JAKEDA may, at its discretion, extend the Bid
Deadline.
2.7 The Bidding Process
2.7.1 Bid Formats
2.7.1.1 The Bids in response to this RfP will be submitted by the Bidders in two
envelopes, in the manner provided in Clause 2.10:
Envelope I Non- Financial Bid comprising of:
1.
Board Resolutions, as per prescribed formats enclosed as Annexure ,

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 (and any investing
Affiliate / Parent/ Ultimate Parent) committing one hundred percent
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JAKEDA
(100%) in aggregate of the equity requirement of the IPP for the

Project / Board Resolutions from each of the Consortium Members
(and any investing Affiliate / Parent / Ultimate Parent) together in
aggregate committing to one hundred percent (100%) of equity
requirement of the IPP for the Project (In case of Bidding
Consortium): - As per Format 1 of Annexure 7; and
b) Board Resolutions from a Parent and /or Affiliate (whose technical
and / or financial credentials were used at the time of RfQ), of the
Bidding Company / any Member of the Bidding Consortium,
undertaking to invest the entire amount as committed by Bidding
Company / Bidding Consortium Member in event of failure of the
same to make such investment. or
c) Board Resolution of Ultimate Parent for total equity investment
commitment on behalf of the Parent and all Affiliates (of the
Bidding Company/ any Member of the Bidding Consortium) whose
technical and / or financial credentials were used at the time of
RfQ. - As per Format 2 of Annexure 7;
Provided further that in case the Ultimate Parent is also the Bidding
Company / Consortium Member, no Board Resolution as per Format
2 of Annexure 7 shall be required. However, in such a case, a
certificate from the Bidding Company / Consortium Member,
confirming the Ultimate Parent status is to be provided.
For clarity sake, illustrations identifying which Board Resolution shall be
applicable in typical cases are provided in Annexure 13.
2.
Bid Bond (as per prescribed Format enclosed as Annexure 1);
3.
Bidders Undertakings and other details (as per prescribed Formats 1

and 2 of Annexure 5);
4.
Covering Letter (as per prescribed Format enclosed as Annexure 8);
5.
Original Power of Attorney issued by the Bidding Company or the Lead

Member of the Consortium, as the case may be, in favour of the
person signing the Bid, in the form attached hereto as Format 1 of
Annexure 9. Additionally, in case of a Bidding Consortium, the Power of
Attorney in favour of the Lead Member issued by the other Members of
the Consortium shall be provided in original as per format attached
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JAKEDA
hereto as Format 2 of Annexure 9. Provided that in the event the

Bidding Company or the Lead Member of the Consortium or any
Member of the Bidding Consortium, as the case may be, is a foreign
entity, it may submit Board Resolutions in place of Power of Attorney
for the purpose of fulfilling the requirements under this clause.
Provided further 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.
6.
Undertaking in the prescribed format in Annexure 9A from the Parent

and/or Affiliate, of the Bidding Company/ any Member of the Bidding
Consortium, whose technical and financial credentials have been
provided in the Bid submitted in response to the RfQ, or
Undertaking of the Ultimate Parent, in the prescribed format in
Annexure 9A, for total equity investment commitment of the Parent
and all Affiliates (of the Bidding Company/ any Member of the Bidding
Consortium) whose technical and financial credentials had also been
provided in the Bid submitted in response to the RfQ. Provided further,
in case the Ultimate Parent is also the Bidding Company, no such
Undertaking shall be required.
7.
A disclosure statement as per Annexure 14 regarding participation of

any related companies in this bidding process.
Envelope II Financial Bid (as per prescribed format enclosed as Format 1 of

Annexure 3).
2.7.1.2 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.
2.7.1.3 The Bidder should note that:
a. If the Bidder/ Member in a Bidding Consortium conceals any material
information or makes a wrong statement or misrepresents facts or
makes a misleading statement in its Bid, in any manner whatsoever,
JAKEDA reserves the right to reject such Bid and/or cancel the Letter
of Intent, if issued.
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JAKEDA
b. If for any reason the Bid of the Bidder with highest Premium is rejected
or Letter of Intent issued to such Bidder is cancelled, JAKEDA may:i. award the project to the Bidder with next best premium; or
ii. invite best enhanced financial bids from those Bidders whose
bids are responsive and valid on that date; or
iii. annul the bid process; or
iv. take any such measure as may be deemed fit in the sole
discretion of JAKEDA.
If such event is discovered after the Effective Date, consequences
specified in IA shall apply.
c. Bid submitted by the Bidder, within the Bid Deadline, shall become the
property of the JAKEDA and JAKEDA shall have no obligation to return
the same to the Bidder.
2.7.1.4 The Bidder shall inter-alia take into account the following while preparing
and submitting the Financial Bid:1.
The Bidder shall Quote the Upfront premium to be paid to JAKEDA for
awarding the project, which shall not be less than, Rs. One (1.0) Lac
per MW for projects with a capacity of higher than 1.0 MW and
Rs. Fifty (50) thousand per MW for projects with a capacity upto 1.0
MW;
2.7.2 Bidder to inform himself fully

2.7.2.1 Since potential sites are being notified on the basis of preliminary
reconnaissance and PFRs only, the IPPs are requested to verify various
project related parameters viz. discharge, head, water availability,
habitation, etc. The information contained in the PFRs is only indicative and
JAKEDA shall not be responsible for the accuracy of the information
contained therein. IPPs shall also ensure that the project components do not
fall in wild life sanctuaries, National Parks, eco protection zones, etc. and
also do not interfere / overlap with the existing/ ongoing Hydel Projects.
Accordingly, the Bidder acknowledges that, on being selected as Successful
Bidder, he shall not be relieved from any of its obligations under the RfP
Project Documents nor shall the IPP be entitled to any extension of time or
financial compensation by reason of the unsuitability of the Site for whatever
reason except for what is specifically provided in the Policy for Development
of Micro/Mini Hydro Power Projects-2011.
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JAKEDA
2.7.2.2 As per the Policy for Development of Micro/Mini Hydro Power Projects-2011,
IPP may surrender the allotment back to JAKEDA, if it has sufficient grounds
to establish that the project is techno-economically unviable. Subject to
acceptance of such claim by JAKEDA, Upfront Premium paid by the Bidder
shall be refunded. However such claim, if any, shall necessarily be made
before JAKEDA begins the process of land acquisition for the project. In case
JAKEDA so desires, it may take assistance of a third party agency for
assessment of viability of the project.
2.7.2.3 In their own interest, the Bidders are requested to familiarize themselves
with the J&K Electricity Act, 2010, the Electricity Act 2003, the Income Tax
Act 1961, the Companies Act, 1956, the Customs Act, the Foreign Exchange
Management Act, IEGC, J&K Land Acquisition Act, the J&K State Electricity
Regulatory Commission Act, 2000, the J&K State Electricity Regulatory
Commission (Amendment) Act, dated 17th March 2009, Land Grants Act,
J&K Transfer of Property Act, the regulations framed by regulatory
commissions and all other related acts, laws, rules and regulations prevalent
in India and Jammu and Kashmir State. JAKEDA shall not entertain any
request for clarifications from the Bidders regarding the same. Nonawareness of these laws or such information shall not be a reason for the
Bidder to request for extension of the Bid Deadline. The Bidder undertakes
and agrees that before submission of its Bid all such factors, as generally
brought out above, have been fully investigated and considered while
submitting the Bid.
2.7.2.4 JAKEDA shall not permit any change in any time schedule mentioned in this
RfP or any financial adjustment arising due to lack of clear information on
matters such as Site conditions, laws and regulations and other related
information and/or its effect on the Bid.
2.7.3 The project shall be allotted for a period of 40 years from the date of Letter of
Intent. Upon the expiry of 40 years from Letter of Intent, project shall be
handed over to JAKEDA without any consideration. Extension, if any, shall be
based on mutually agreed terms & conditions between IPP and JAKEDA.
2.7.4 The IPP shall be entitled to REC benefits as per JKSERC regulations and
applicable laws.
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JAKEDA
2.7.5 The proceeds of carbon credits (CERs) from approved CDM project shall be
shared between IPP and JAKEDA in the following manner, namely
2.7.6 100% of the gross proceeds on account of CDM benefit to be retained by the
IPP in the first year after the date of commercial operation of the Hydel
Project;
2.7.7 In the second year, the share of the JAKEDA shall be 10% which shall be
progressively increased by 10% every year till it reaches 50%, where after
the proceeds shall be shared in equal proportion, by the IPP and JAKEDA.
2.7.8 The onus of obtaining all statutory and non -statutory clearances will lie on
the IPP. Government of Jammu & Kashmir (GoJK) and JAKEDA shall facilitate
provision of statutory clearances in time bound manner. In respect of
clearance from Indus Waters Treaty angle, IPP shall obtain clearance through
Jammu & Kashmir State Power Development Corporation, it being the nodal
agency.
2.7.9 Construction of project infrastructure including approach roads, arrangement
for water supply, power for construction purposes, etc. shall be the
responsibility of the IPP and the cost thereof shall be borne entirely by the
IPP.
2.7.10 The technical requirements of integrated grid operation are specified in the
Grid Code. The Bidders should particularly acquaint themselves with the
requirements of connection conditions, operating code for Regional Grids,
Scheduling and Dispatch code etc. The Bidders are also advised to fully
familiarize themselves with the real time grid conditions in the country.
Information regarding grid parameters such as voltage and frequency is
readily available on the websites of Regional Load Dispatch Centers. The
protection trip setting of the generation on under frequency df/dt and defense
plan are coordinated at the RPC forum in consultation with all stakeholders
duly taking into account the design parameters of the various machines.
2.7.11 Change in Bidding Consortium
2.7.11.1
The Bidders who have been qualified at RfQ stage may request for a
change in Bidding Consortium or change from Bidding Company to Bidding
Consortium or Change in Ownership. In case of a request for change in the
Bidding Consortium or change from Bidding Company to Bidding Consortium
or Change in Ownership, the provisions of clause 4.5.1.4 and 4.5.1.5 or any
other relevant clauses of the RfQ shall mutatis mutandis apply. In addition
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JAKEDA
the Bidder, shall submit all information required to be submitted by the

Bidder as stipulated in the RfQ and in the formats specified in RfQ, for
fulfilling the qualification criteria specified in the RfQ except that period for
which such information is to be submitted shall apply with respect to the
date which is seven (7) days before the date of request for change in
consortium. JAKEDA reserves the right to seek additional information from
the Bidder, if considered necessary, during the course of evaluation of such
request for change.
In addition to above the following shall apply with respect to the change in
Consortium:
The Lead Member of the Consortium is not allowed to be changed.
In case the Bidding Company intends to form a Consortium after
submission of the RfQ, then the Bidding Company shall be the Lead
Member of such Consortium and shall fulfill all the requirements of
RfQ, including technical requirements.
No change in composition of a Consortium or a change from Bidding
Company to Consortium or a Change in Ownership shall be permitted
in the period between a period commencing from fifteen(15) days
prior to Bid Deadline of RfP and issuance of Letter of Intent.
Accordingly, no request for a proposed change in composition of a
Consortium or request for approval of the Change in Ownership shall
be entertained during this period.
Subject to the above and to the provisions of clause 4.5.1.4 and 4.5.1.5
or any other relevant clauses of RfQ, any request for change in the
membership of the Consortium or, change from Bidding Company to
Bidding Consortium may be considered only upon the Bidder making a
prior written application to the JAKEDA seeking its approval for such
change.
JAKEDA reserves the right to seek additional information from the Bidder,
if considered necessary. JAKEDA shall convey its decision on the request
within Seven (7) days from the date of receipt of complete information
from the Bidder making the request, as required by the JAKEDA.
It is clarified that the evaluation of the new Bidding Consortium, in case
the Bidding Consortium has requested for any changes in the
composition, shall be carried outas per the provisions of clause of 5.3 of
RfQ.
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JAKEDA
2.7.11.2
In case of non-compliance with any of the conditions of clauses 4.5.1.4
and 4.5.1.5 or any other relevant clauses of the RfQ, JAKEDA reserves the
right to reject the Bid or cancel the Letter of Intent, if issued and the
provisions of clause 2.7.1.3 of this RfP shall apply.
2.7.12 Minimum Equity holding/Equity Lock-In

2.7.12.1
The IPP shall be permitted to incorporate a new public/private limited
IPP for the implementation of the Project with its Registered Office within
Jammu & Kashmir. All rights and obligations under this Agreement shall
thereafter be transferred to the new IPP. The J&K Residents to whom the
project is originally allotted shall be required to maintain an equity stake of
at least 51% in the equity of the Project throughout the life of project.
It is clarified that if any of the entity/entities mentioned in serial number 6 of
Clause 2.7.1.1 make equity investment in the IPP, the minimum shareholding
requirements specified in this Clause 2.7.12.1, shall apply to such
entity/entities. It is also clarified that in case the Selected Bidder is a Bidding
Consortium, then the members (other than the Lead Member) of such Bidding
Consortium shall be allowed to divest their equity as long as the other
remaining members (which shall always include the Lead Member) hold the
minimum equity specified in a) and b) above. It is further clarified that in case
equity is held by the Affiliates, Parent or Ultimate Parent, subject to the
proviso below, the Selected Bidder shall be permitted to transfer its
shareholding in the IPP to its Affiliate/s or Ultimate Parent. If any such
shareholding entity, qualifying as an Affiliate/Ultimate Parent, is likely to cease
to meet the criteria to qualify as an Affiliate/Ultimate Parent, the shares held
by such entity shall be transferred to another Affiliate/Ultimate Parent.
Provided further, the Lead Member of the Consortium or Bidding Company
shall compulsorily hold at least twenty six percent (26%) of the total paid
equity share capital of the IPP for at least five (5) years post COD of the
Power Station, where after Lead Member or Bidding Company shall have the
right to disinvest its entire equity holding in the IPP. In case the Lead Member
or Bidding Company is holding equity through Affiliate/s, Ultimate Parent or
Parent, such restriction shall apply to such entities.
All transfers of shareholding of the IPP by any of the entities referred to
above shall be after prior written intimation to JAKEDA, of at least thirty (30)
days.
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JAKEDA
2.7.12.2
The Selected Bidder may invest in the equity share capital of the IPP
through its Affiliate(s) or Ultimate Parent or Parent. If the Selected Bidder so
invests through any Affiliate(s) or Ultimate Parent or Parent, the Selected
Bidder shall be liable to ensure that minimum equity holding/lock-in limits
specified above are still maintained. For this purpose, the effective
shareholding of such Selected Bidder in the IPP shall be considered as
follows:For computation of effective Equity holding, the Equity holding of the Selected
Bidder or its Ultimate Parent in such Affiliate(s) or Parent and the equity
holding of such Affiliate(s) or Ultimate Parent in the IPP shall be computed in
accordance with the example given below:
If the Parent or the Ultimate Parent of the Selected Bidder A directly holds
thirty percent (30%) of the equity in the IPP, then holding of Selected Bidder
A in the IPP shall be thirty percent (30%);
If Selected Bidder A holds thirty percent (30%) of the Affiliate and the Affiliate
holds fifty percent (50%) in the IPP, then, for the purposes of ascertaining
the minimum equity/equity lock-in requirements specified above, the effective
holding of Selected Bidder A in the IPP shall be fifteen percent (15%), (i.e.
30%* 50%);
2.7.12.3
The provisions as contained in this clause 2.7.12 and Article 5 of IA
shall override the terms of the Joint Deed Agreement submitted as a part of
RfQ.
2.8 Due dates
2.8.1 The Bidders should submit the Bids so as to reach the following address by
16:00 hrs (IST) on 13th April, 2015:
Address of the Office

16, New Rehari,
Jammu,
Tel Fax No. 0191-2546495
Email: xenjakeda@gmail.com
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JAKEDA
2.8.2 Important timelines are mentioned below:

Date
Event
24thDecember, 2014
Issuance of original RFP
30th March, 2015
Issuance of revised RFP
25thFeb, 2015
(18:00 hrs)
Pre-Bid Conference
13thApril,2015
(16.00 hrs)
Submission of Financial and Non-Financial

Bids
15thApril, 2015
(12.00hrs)
Opening of Non-Financial Bids
6th May, 2015

(18.00 hrs)
Opening of Financial Bids
15thMay, 2015
Selection of Successful bidder and issue of

LoI
15thJune, 2015
Signing of IA
2.9 Validity of the Bid

2.9.1 The Bidder shall submit the Bid which shall remain valid for a period of one
hundred eighty (180) days from the Bid Deadline. JAKEDA reserves the right
to reject any Bid which does not meet the aforementioned validity
requirement.
2.9.2 JAKEDA may solicit the Bidder's consent for an extension of the period of
validity of the Bid, not exceeding sixty (60) days. The request and the
response, thereafter, shall be in writing. In the event the Bidder refuses to
extend the Bid validity as requested by JAKEDA, JAKEDA shall not be entitled
to invoke the Bid Bond. A Bidder accepting JAKEDAs request for validity
extension shall not be permitted to modify its Bid and such Bidder shall,
accordingly, extend the validity of the Bid Bond as requested by the JAKEDA
within seven (7) days of such request, failing which the Bid shall not be
considered as valid.
2.10 Method of submission
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JAKEDA
2.10.1 Bids are to be submitted in single sealed cover envelope (as mentioned in
Clause 2.10.2) containing Envelope I and Envelope II each one duly sealed
separately. Envelope I and Envelope II should be transcripted in the following
way;
Envelope I transcript -
Bid for development of Micro/Mini Hydel Projects

Bidders Name- _____________________
Due for opening on 15thApril, 2015
Envelope I: Non-Financial Bid
Envelope II transcript -

Bidders Name ______________________
Due for opening on 6thMay, 2015
Envelope II: Financial Bid
2.10.2 The two sealed Envelopes (mentioned in Clause 2.10.1) for the Bid submitted
by Bidders should be packed in a single sealed cover envelope, with the
following superscript:
Bidders name ____________
Due for opening on 15th April, 2015
The Bidder has the option of sending its Bid either by registered post or speed
post, or courier, or by hand delivery, so as to reach the JAKEDA at the
designated address by the Bid Deadline. Bids submitted by
telex/telegram/fax/e-mail shall not be considered under any circumstances.
JAKEDA shall not be responsible for any delay in receipt of the Bids. Any Bid
received by the JAKEDA after the Bid Deadline shall be returned unopened.
2.10.3 It may be noted that Non-financial Bid (Envelope I) shall not contain any
information/document relating to Financial Bid. If Non-financial Bid contains
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JAKEDA
any such information/documents, the JAKEDA shall not be responsible for

premature opening of the Financial Bid.
All pages of the Bid submitted and corrections, if any, must be signed by the
authorised signatory on behalf of the Bidder. It is clarified that the same
authorised signatory shall sign all pages of the Bid.
2.10.4 Bid shall be submitted in 1 original + 2 copies which are duly attested by the
Bidder. No change or supplemental information to a Bid will be accepted after
the Bid Deadline, unless the same is requested for by the JAKEDA. Provided
that a Bidder shall always have the right to withdraw or modify its Bid before
the Bid Deadline and in such a case if the bid is withdrawn, its Bid shall be
returned unopened.
2.10.5 If the outer cover envelope or Envelope I or Envelope II is not sealed and not
transcripted as required, the JAKEDA will assume no responsibility for the
Bid's misplacement or premature opening.
2.11 Preparation cost
2.11.1 The Bidder shall be responsible for all the costs associated with the
preparation of the Bid and participation in discussions and attending Pre-bid
meetings, etc. JAKEDA shall not be responsible in any way for such costs,
regardless of the conduct or outcome of this bid process.
2.11.2 The cost of this RfP is Rupees Fifty thousand (Rs. 50,000)which shall be
non-refundable. This amount shall be payable by a crossed demand draft or
bankers cheque drawn in favour of Jammu & Kashmir Energy Development
Agency payable at Jammu. The demand draft or bankers cheque should be
submitted separately along with bid documents on 13th April, 2015.The RfP
shall be available for sale in the office of JAKEDA at Jammu from
24thDecember 2014 up to 10thApril 2015, between which, during office
hours, the qualified bidders at the RfQ stage are required to purchase the RfP
Bid Documents.
2.12 Bid Bond
Each Bidder shall submit the Bid accompanied by Bid Bond issued by any of
the banks listed in Annexure 11. The value of such Bid Bond shall be Rupees
Seven Lakhs Fifty Thousand (Rs. 7,50,000/-) for each MW of eligible
capacity. However if the Bidder chooses to bid for a capacity lower than what
it is eligible for, it will have to submit a Bid Bond with a value of Rupees
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JAKEDA
Seven Lakhs Fifty Thousand (Rs. 7,50,000/-) for each MW of capacity

he chooses to Bid for.
Illustration: Normally a bidder with an eligible capacity of 5.0 MW would be required

to furnish a Bid Bond with a value of Rs.37.50 Lakhs (i.e. 5 x Rs 7,50,000). However,
in case the bidder chooses to bid for say 3.0 MW, he will have to furnish a Bid Bond
of Rs.22.50 Lakhs only. However in all such cases the Bidder will have to make an
upfront declaration (as mentioned in annexure 15) of the aggregate capacity of the
projects he has chosen to bid for.
The Bid Bond shall be valid for a period of forty (40) days beyond the validity of the
Bid.
The Bid Bond validity date will be 19th November 2015 i.e. 180 + 40 Days
from Bid Deadline date of 13th April, 2015. Also,JAKEDA shall be entitled to
invoke this Guarantee (Bid Bond) until 30 days after the Bid Bond Validity
date i.e. 30 days from 19th November 2015 which is 19th December 2015.
In case the Bid deadline date extends by 2 days then the Bid Bond validity
date and JAKEDA entitlement to invoke the Bid Bond will also extend by 2
days and accordingly.
2.12.1 Subject to the provisions of Clause 2.2.2, the Bid Bond may be invoked by
JAKEDA on account of any of the following:
Failure to execute the IA and other RfP Project Documents as per the
provisions of Clause 2.2.1.2; or
Failure to furnish the Performance Guarantee as per Clause 2.2.1.2 and

Clause 2.13; or
The Bid Bond shall also be invoked by the JAKEDA for submission of
wrong information by the Bidder or making any misrepresentation in Bid
as mentioned in Clause 2.7.1.3.
Intimation of the reasons of the invocation of the Bid Bond shall be given to
the Selected Bidder within three (3) working days after such invocation.
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JAKEDA
2.12.2 Return of Bid Bond

i. Bid Bonds of all the Bidders whos Bids are declared non-responsive shall be
returned within a period of thirty (30) days after the date on which Financial
Bids are opened.
ii. The Bid Bond of all unsuccessful Bidders shall be returned and released by
the JAKEDA within a period of thirty (30) days of the occurrence of the earlier
of the following:
a) submission of the Performance Guarantee and payment of acquisition
price by the Successful Bidder as per the provisions of the Project
Documents;
b) Expiry of the Bid Validity/extended validity of unsuccessful Bidders.
2.12.3 The Bid Bond of the Successful Bidder shall be returned on submission of
Performance Guarantee as per Clause 2.13 and the provisions of the IA.
2.13 Performance Guarantee
2.13.1 The Selected Bidder, on behalf of the IPP, shall provide to the JAKEDA within
the time period as specified in Clause 2.2.1.2, the Performance Guarantee in
the format provided in the Annexure 10, for an amount of Rs. 11 Lakh per
MW. The Performance Guarantee shall be initially valid for a period of three
(3) months after the Scheduled COD of the Power Station and thereafter shall
be dealt with in accordance with the provisions of the IA. The Performance
Guarantee shall be issued only by the banks listed in Annexure 11.
2.14 Bidders may note that
2.14.1 Language of the Bid shall be English only.
2.14.2 Bidders shall mention the name of the contact person and complete address
of the Bidder in the covering letter as per Annexure 8.
2.14.3 JAKEDA may, at its sole discretion, ask for additional information and/or seek
clarifications from a Bidder after the Bid Deadline, inter-alia, for the purposes
of removal of inconsistencies or infirmities in its Bid.
2.15 Opening of Bids
2.15.1 Envelope I and Envelope II will be opened as per the following time schedule
and at the venue where the Bids are required to be submitted, in the
presence of one representative from such Bidders who wish to be present:
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JAKEDA
Opening of Envelope I: [1530] hours (IST) on [15th April 2015]

Opening of Envelope II: [1100] hours (IST) on [6th May 2015]
or such other dates as may be intimated by the JAKEDA to the Bidders
2.15.2 The following information from each Bid will be read out to all the Bidders at
the time of opening of Envelope I and Envelope II:
i. Name of the Bidding Company/ Consortium Members in case of Bidding
Consortium (Format 2 of Annexure ) (applicable only for Envelope I)
ii. Details of Bid Bond (applicable only for Envelope I)
iii. Quoted Bid Variables (applicable only for Envelope II)
2.16 Enquiries
Clarifications under Clause 2.5.3 may be sought from:
16, New Rehari,
Jammur.
Tel Fax No. 0194-2546495
Email: xenjakeda@gmail.com
2.17 Confidentiality
2.17.1 The Parties undertake to hold in confidence this RfP and Project Documents
and not to disclose the terms and conditions of the transaction contemplated
hereby to third parties, except:
a) to their professional advisors;
b) to their officers, contractors, employees, agents or representatives,
financiers, who need to have access to such information for the proper
performance of their activities; or
c) disclosures required under Law.
without the prior written consent of the other Parties.
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JAKEDA
Provided that the IPP agrees and acknowledges that JAKEDA may at any
time, disclose the terms and conditions of the RfP and the Project Documents
to any person, to the extent stipulated under the Law or Regulations.
2.18 Right of JAKEDA to reject any Bid
The JAKEDA reserves the right to reject all or any of the Bids or cancel the RfP
without assigning any reasons whatsoever and without any liability to the
JAKEDA.
Non submission and/or submission of incomplete data/ information required
under the provisions of RfQ and RfP shall not be construed as waiver on the
part of JAKEDA of the obligation of the Bidder to furnish the said
data/information unless the waiver is in writing.
2.19 Submission of Original RfQ bid Document
On account of unavoidable circumstances (Floods in J&K) that caused
the destruction of the original documents, the RfP bidders are
required to submit the original RfQ bid documents (duly signed and
stamped with company and/or common seal where ever applicable)
once again as it was submitted earlier along with RfP bid submission.
JAKEDA has a second copy of the documents submitted earlier, hence
any deviation from the old documents submitted will tantamount to
rejection of the bid irrespective of bidder being qualified. Non
submission of RfQ document at the stage of RfP submission would
also result in rejection of the bid.
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JAKEDA
3. EVALUATION CRITERIA
3.1 Bid Evaluation
3.1.1 The Bid evaluation process comprises of the following three steps:
1.
2.
3.
Step I Responsiveness check (Envelope I)

Step II - Evaluation of Financial Bids (Envelope II)
Step III Successful Bidder selection
3.2 Step I - Responsiveness check

The Non-Financial Bids submitted by Bidders/ Bidding Consortium shall be
initially scrutinized to establish Responsiveness. Subject to Clause 2.14.3, any
of the following conditions may cause the Bid to be considered Nonresponsive, at the sole discretion of JAKEDA:
i. Applicable Board Resolutions, as provided in Clause 2.7.1.1 above, not being
submitted; or
ii. Bid not accompanied by a valid Bid Bond; or
iii. Bid not signed by authorised signatory in the manner and to the extent
indicated in this RfP as per Clause 2.10.3 and non-submission of Power of
Attorney/; or
iv. Bid validity being less than that required as per Clause 2.9 of this RfP; or
v. Bid not containing Format 1 (Bidders Undertakings) of Annexure ;or
vi. Bid being conditional
vii. Any request for change in composition of a Consortium or change from
Bidding Company to Bidding Consortium or Change in Ownership has not
been permitted by JAKEDA.
viii. Bids having Conflict of Interest
3.3 Step II - Evaluation of Financial Bids
3.3.1 General
3.3.1.1 Envelope II of Bids which has been accepted for opening by JAKEDA, based
on the responsiveness check as specified above in Clause 3.2, shall be
opened in presence of the representatives of the Bidders, who wish to be
present, as per the timelines indicated in Clause 2.15.1. The financial
evaluation of Financial Bids will be carried out based on information
furnished in Envelope II. Provided however, in case Envelope II of only one
Bidder remains after the responsiveness check (Step I) under Clause 3.2,
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JAKEDA
the Envelope II of such Bidder shall not be opened and the matter shall be
referred to the Government of Jammu and Kashmir.
3.3.1.2 The Financial Bids submitted by Bidders shall be initially scrutinized to
establish Responsiveness. Subject to Clause 2.14.3, any conditional
changes in Financial Bid may cause the Bid to be considered Nonresponsive, at the sole discretion of the JAKEDA.
3.3.1.3 The Bidder may choose to bid for any number of / all projects from the
projects listed under Clause 1.9, however the allotment of Projects to a
bidder shall be limited to the aggregate capacity for which the bidder has
been qualified at the RfQ stage.
3.3.1.4 The Bidders shall quote the amount of Upfront Premium which it is willing to
pay to JAKEDA for award of the Project.
3.4 Step III Successful Bidder Selection
3.4.1.1 The Upfront Premium as per Clause 3.3.1.4 shall be ranked from the highest
to the lowest and the Bidder which has quoted the highest amount of
Upfront Premium payable to JAKEDA shall be declared as the Successful
Bidder for that Project and the Letter of Intent shall be issued to such
Successful Bidder, subject to Clause 3.4.1.2.
3.4.1.2 In case the amount of Upfront Premium quoted for the same Project by the
two bidders is identical, then the bidder having better technical experience
based on the documents submitted for meeting the technical criteria in RfQ
shall be considered as Successful Bidder.
3.4.1.3 If the Successful Bidder, to whom the Letter of Intent has been issued does
not fulfill any of the conditions specified in Clause 2.2.1.2, then in
accordance with provisions of clause 2.2.2, the JAKEDA reserves the right to
cancel the Letter of Intent. Further, in such a case, the provisions of clause
2.7.1.3shall apply.
3.4.1.4 The successful bidder, to whom the Letter of Intent is issued, must execute
the Implementation Agreement (IA) with JAKEDA within one (1) month from
the issue of LOI.
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JAKEDA
Annexure 1: Format for Bid Bond

Format of the Bid Bond
FORMAT OF THE UNCONDITIONAL AND IRREVOCABLE BANK
GUARANTEE FOR BID BOND
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
place of execution. Foreign entities submitting Bids are required to follow the applicable
law in their country)
In consideration of the [Insert name of the Bidder] submitting the Bid inter alia for
setting up the Micro/mini Hydel Project/s in the state of Jammu & Kashmir in
response to the RfP dated 24thDecember 2014 issued by JAKEDA as amended
from time to time and JAKEDA considering such Bid of [insert the name of the
Bidder] as per the terms of the RfP, the [insert name of bank] hereby agrees
unequivocally, irrevocably and unconditionally to pay to Jammu & Kashmir Energy
Development Agency at 181, Jawahar Nagar, Srinagar, Jammu & Kashmir, -, India
forthwith on demand in writing from Jammu & Kashmir Energy Development Agency
or any Officer authorised by it in this behalf, any amount upto and not exceeding
Rupees ____________only, on behalf of M/s. _______________________ [Insert
name of the Bidder].
This guarantee shall be valid and binding on this Bank up to and including 19th
November, 2015*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 concerned parties.
Our liability under this Guarantee is restricted to Rupees ___________only. Our
Guarantee shall remain in force until 19th November, 2015*. The Jammu &
Kashmir Energy Development Agency shall be entitled to invoke this Guarantee until
19th December, 2015*.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in
addition to the written demand by the Jammu & Kashmir Energy Development
Agency, made in any format, raised at the above mentioned address of the
Guarantor Bank, in order to make the said payment to the JAKEDA.
The Guarantor Bank shall make payment hereunder on first demand without
restriction or conditions and notwithstanding any objection by the Bidder or any
Page 28
JAKEDA
other person. The Guarantor Bank shall not require JAKEDA to justify the invocation
of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against
the Jammu & Kashmir energy Development Agency in respect of any payment made
hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India.
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 Jammu & Kashmir Energy Development Agency 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 to enforce any security held by Jammu &
Kashmir State Energy Development Agency or to exercise, levy or enforce any
distress, diligence or other process against the Bidder.
Notwithstanding anything contained hereinabove, our liability under this Guarantee
is restricted to Rs. ___________ (Rs. ________________________ only) and it shall
remain in force until 19th November, 2015*- with an additional claim period of 30
days thereafter. We are liable to pay the guaranteed amount or any part thereof
under this BANK GUARANTEE only if the Jammu & Kashmir Energy Development
Agency 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
*These dates will stand extended corresponding to the extension in Bid
Deadline. In case the Bid deadline date extends by 2 days then the Bid
Bond validity date and JAKEDA entitlement to invoke the Bid Bond will
also extend by 2 days and accordingly.
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JAKEDA
Annexure 2: Formats for RfP Project Documents

FORMAT 1:- IA (Enclosed)
Implementation Agreement is provided in a separate document
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JAKEDA
Annexure 3: Formats for Financial Bid

Format 1: Bid Variables (to be submitted under Envelope II)
RFP Financial Bid
Name of the Bidder
Bidding Consortium
1. Lead Member
2. Co Member
Sr. No.
(1)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Name of the Project

in the order of
Priority
(2)
Size (MW)
(3)
Premium per
MW
Amount Rs.
(4)
Total Premium
Amount Rs.
5 (3 X4)
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JAKEDA
Note:
1. Please refer Clause2.7.1.4of RfP.
2. The contents of this format shall be clearly stated.
3. In case of any discrepancy of any figures, the figures stated in the total
column shall be considered as final
4. All pages of this format shall be signed by the Authorised Person in whose
name Power of Attorney/Board Resolution as per Clause 2.7.1.1 is issued.
5. The value of Upfront Premium shall not be less than, Rs One(1.0) Lac per
MW for projects with a capacity of higher than 1.0 MW and Rs. Fifty (50)
thousand per MW for projects with a capacity upto 1.0 MW.
Signature of Authorised Person in whose name Power of Attorney/Board

Resolution as per Clause2.7.1.1is issued
Name
In order to facilitate the submission an excel sheet shall be provided to the
Bidders. The excel sheet to be provided to the bidders shall be for reference
only and not to be submitted in soft copy. The bidder shall use the print out of
the excel sheet for submission of financial bid in Envelope II.
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JAKEDA
Annexure 4: Site Details alongwith Site Map

Detailed Project Report Separately Provided
Page 33
JAKEDA
Annexure 5: Undertaking and Scheduled COD

Format 1: Bidders Undertakings
[On the Letter Head of the Bidding Company/Lead Member of Bidding Consortium]
To
Chief Executive Officer, Jammu and Kashmir Energy Development Agency,
(Address to be inserted)
Dear Sir,
Sub: Bidders Undertakings for development of Micro/Mini Hydro Power
projects in the state of Jammu & Kashmir
We hereby undertake on our own behalf and on behalf of the IPP, that if selected as
the Successful Bidder for the Project:
1.
We give our unconditional acceptance to the RfP Project Documents issued by

Jammu and Kashmir Energy Development Agency as a part of the RfP dated
24th December, 2014, as amended. We shall ensure that the IPP shall
execute such RfP Project Documents as per the provisions of the RfP.
2.
We have submitted our Financial Bid strictly as per the formats provided in
Annexure of the RfP, without any deviations, conditions and without
mentioning any assumptions or notes for the Financial Bid in the said
Annexure.
3.
We have submitted the Bid on the terms and conditions contained in the RfP
and we hereby confirm our acceptance of all the terms and conditions of RfP.
4.
Our Bid (including Financial Bid) is valid up to the period required under
Clause 2.9 of the RfP.
5.
Our Bid (including Financial Bid) has been duly signed by authorised signatory
and sealed in the manner and to the extent indicated in this RfP and the
Power of Attorney/Board Resolution as per Clause 2.7.1.1 in requisite format
as per RfP has been enclosed in original with this undertaking.
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JAKEDA
6.
We have assumed that if we are selected as the Successful Bidder, the

provisions of the Joint Deed Agreement submitted at the time of RfQ, to the
extent and only in relation to equity lock in and our liability thereof shall get
modified to give effect to the provisions of clause 2.7.12.1 of RfP and Article
5.29 of IA.(Applicable only in case of a Bidding Consortium)
7.
We confirm that the Scheduled COD of the Project shall not be later than 36
months from the obtaining all statutory clearances as stated in article 3.2 of
IA.
8.
We confirm that our Financial Bid conforms to all the conditions in the RfP
including:
a) Financial Bid is in the prescribed Format I of Annexure , shall be submitted
duly signed by the Authorised Signatory
b) Financial Bid is unconditional
c) Only one Financial Bid is submitted for a single Project
Signature and name of Authorised Person in whose name Power of
Attorney/Board Resolution as per Clause 2.7.1.1 is issued
Original Power of Attorney/Board Resolution as per Clause 2.7.1.1 is enclosed.
Rubber stamp of the Bidder to be affixed
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JAKEDA
Format 2: Executive Summary

1.1.a Name of the Bidding Company/ Bidding Consortium
1.1.b Name of the Lead Member in the case of a Bidding Consortium
1.2 Details of the Bidding Consortium
Sr.
No.
Name of the Company
% of equity
participation
Role Envisaged
Note:- If the Selected Bidder proposes to invest in the equity share capital of the
Project in accordance with Clause 2.7.12.2, through its Affiliate(s) or Ultimate Parent
or Parent, the Bidder should indicate the percentage of the shareholding proposed to
be held by such Affiliate(s) or Ultimate Parent or Parent in the IPP. In this case, the
Bidder shall also provide the details of the proposed/actual equity shareholding of
the Selected Bidder or Ultimate Parent or Parent in the said Affiliate(s).
Signature and Name of Authorised Person in whose name Power of Attorney/Board
Resolution as per Clause 2.7.1.1 has been issued
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JAKEDA
Annexure 6: Formats for Clarifications/ Amendments on the RfP

(Applicable only for the Pre-Bid meeting before submission of the Bid in
response to the RfP)
Sr.
No.
Document
Clause No.
and Existing
Provision
Clarification
required
Suggested Text for

the amendment
Rationale for the

Clarification or
Amendment
Signature ____________________
For
__________________________
Bidders Rubber Stamp and Full Address
(Note: This format shall be used
clarifications/amendments on the draft RfP)
for
submission
of
requests
Page 37
for
JAKEDA
Annexure 7: Formats for Board Resolutions

Format 1
Format of the Board Resolution for the Bidding Company and each
member of the Consortium
[Reference Clause 2.7.1.1of the RfP]
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:
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 for
investment of percent (. %) of the total equity share capital requirements of
the Project representing the entire amount proposed to be invested by the Company
for the ______ Micro/Mini Hydro Power Projects, partly by acquisition from Jammu
and Kashmir Energy Development Agency and partly by subscribing to the new
equity shares, as per the terms of the RfP.
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to
contribute such further amount over and above the said percentage limit to the
extent becoming necessary towards the total equity share obligatory on the part of
the Company pursuant to the terms and conditions contained in the Joint Deed
Agreement dated ______executed by the Company as per the provisions of RfQ.
**
[Note: In the event, the investing entity is an Affiliate or Parent or
Ultimate Parent of the Selected Bidder, the following paras in the Board
Resolution shall also be passed;]
RESOLVED THAT the Board hereby acknowledges the Board Resolution dated
______ passed by the [Name of the Affiliate(s)/Parent/Ultimate Parent]
regarding the investment of..percent(.%)of the total equity share capital
requirements of the IPP, which is to be invested by the [Name of the Affiliate(s)/
Parent/Ultimate Parent] for the [Insert name of the Project], partly by acquisition
from JAKEDA and partly by subscribing to the new equity shares, as per the terms of
the RfP.
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JAKEDA
FURTHER RESOLVED THAT ___________, be and is hereby authorised to enter into

take all the steps required to be taken by the Company in this regard, including in
particular, signing of the Bid, making changes thereto and submitting amended Bid,
all the related documents, certified copy of this Board Resolution or letter,
undertakings etc, required to be submitted to JAKEDA as part of the RfP or such
other documents as may be necessary in this regard.
Certified True Copy
Notes:1) This certified true copy should be submitted on the letterhead of the
Company, signed by the Company Secretary or any of the authorised
Directors of the Company and the rubber stamp for the Company shall be
affixed.
2) The contents of the format should be suitably re-worded indicating the
identity of the entity passing the resolution i.e. the Bidding Company, each
Member of the Bidding Consortium.
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 law applicable to the entity submitting the
resolution. However, in such case, the foreign entity shall submit a certificate
signed by a person authorized by law of the Bidders country certifying that
the resolution has been provided in compliance with the applicable local laws
outside India and that this format has been modified only to the limited
extent to comply with applicable foreign law.
**Applicable only for Bidding Consortium. To be adopted by Lead

Member
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JAKEDA
Format 2
Format for the Board Resolution of Affiliate/s and Parent or Ultimate
Parent
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:
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 for
issuing an Undertaking to JAKEDA named in the RfP, in the format specified in the
RfP issued by JAKEDA, draft of which is attached hereto and initialed by the
Chairman whereby the Company undertakes to invest . % of the total equity
share capital requirements of the IPP, as per the terms of the RfP, representing the
entire amount proposed to be invested by [insert the name of the Bidder or
member] for the said Project, in case of failure of [insert the name of the Bidder or
member] to make such investment.
FURTHER RESOLVED THAT the Board hereby acknowledges the Board Resolution
dated________ passed by [Name of the Bidder/Member in a Consortium] regarding
the reiteration of the terms and conditions of the Joint Deed Agreement dated
_________ including in particular the obligations of [Name of the Selected Bidder]
pertaining to joint and several liability to the extent of 100% equity contribution to
the project, i.e., for both its own liability as well as the liability of all the other
members of the consortium, viz., [Insert names of all the other Members in a
Consortium for the Bid] and consent of the Board is hereby accorded for issuing an
Undertaking to JAKEDA named in the RfP, in the format specified in the RfP issued
byJAKEDA, draft of which is attached hereto and initialed by the Chairman whereby
the Company undertakes to invest 100 % of the total equity share capital
requirements of the IPP, as per the terms of the said Joint Deed Agreement.**
FURTHER RESOLVED THAT ___________, be and is hereby authorised to enter into
and take all the steps required to be taken by the Company in this regard, including
in particular, signing the said Undertaking, issuing the same to the JAKEDA of all the
related documents, certified copy of this Board resolution or letter, undertakings etc,
required to be submitted to JAKEDA as part of the RfP or such other documents as
may be necessary in this regard.
Page 40
JAKEDA
Certified True Copy
Notes:1) This certified true copy should be submitted on the letterhead of the
Company, signed by the Company Secretary or any of the authorised
Directors of the Company and the rubber stamp for the Company shall be
affixed.
2) The contents of the format should be suitably re-worded indicating the
identity of the entity passing the resolution i.e. the Bidding Company, each
Member of the Bidding Consortium.
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 law applicable to the entity submitting the
resolution. However, in such case, the foreign entity shall submit a certificate
signed by a person authorized by law of the Bidders country certifying that
the resolution has been provided in compliance with the applicable local laws
outside India and that this format has been modified only to the limited
extent to comply with applicable foreign law.
** Applicable only for Consortium to be adopted only by the

Affiliate/Parent /Ultimate Parent of the Lead Member in a Bidding
Consortium
Page 41
JAKEDA
Annexure 8: Format for Covering Letter

[On the Letter Head of the Bidding Company/Lead Member of the Bidding Consortium]
Bidder's Name:
Full Address:
Telephone No.:
E-mail address:
Fax / No.:
To
CEO, Jammu and Kashmir Energy Development Agency
(Insert Address)
Sub: Bid for development ofMicro/Mini Hydro Power Projects
Dear Sir,
We, the undersigned Bidder having read and examined in detail the
RfP for development of Micro/Mini Hydro Power Projects in the state of Jammu &
Kashmir, hereby submit our Bid comprising of Financial Bid and Non-Financial Bid.
1) Bid Bond
We have enclosed a Bid Bond of Rs.___________, in the form of bank guarantee no.
_______________ dated __________ as per your proforma (Annexure ) from a
___________ (insert name of bank providing Bid Bond) and valid upto ___________
in terms of Clause 2.12 of the RfP.
2) Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision made
by JAKEDA regarding 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 Bid process.
3) Familiarity With Relevant Jammu and Kashmir and Indian Laws &
Regulations
We confirm that we have studied the provisions of relevant Indian laws and
regulations as required to enable us to quote for this Bid and execute the RfP Project
Page 42
JAKEDA
Documents, if awarded. We further undertake and agree that all such factors as
mentioned in Clause 2.7.2 of RfP have been fully examined and considered while
submitting the Bid.
4) Contact Person
Details of contact person as required under Clause 2.14.2 furnished as under:
Name
Designation
Company
Address
Phone Nos
Fax Nos.
E-mail address
We are enclosing herewith Envelope I and Envelope II containing duly signed
formats each one duly sealed separately, in 1 original + two copies (duly attested)
as desired by you in your RfP for your consideration.
Dated the _________ day of _________ of 2015
Thanking you,
We remain,
Yours faithfully,
Name and Signature of Authorised Person in whose name Power of Attorney/Board

Resolution as per Clause 2.7.1.1 is issued
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JAKEDA
Annexure 9: Formats for Power of Attorney

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution. The foreign Bidder to follow the applicable law in their country)
Format 1: Power of Attorney to be provided by the Bidding Company/Lead

Member in favour of its representative
Know all men by these presents, We.(name and
address of the registered office) do hereby constitute, appoint and authorise Mr. /
Ms(name and residential address) as our true and lawful
attorney, to do in our name and on our behalf, all such acts, deeds and things
necessary in connection with or incidental to submission of our Bid for the Project in
response to the Request For Proposal dated 24th December, 2014 issued by
Jammu and Kashmir Energy Development Agency (RfP), as amended, including
signing and submission of the Bid and all documents specified in the RfP, including,
undertakings, letters, certificates, acceptances, clarifications, guarantees, etc,
making representations to JAKEDA, and providing information / responses to
JAKEDA, representing us in all matters before JAKEDA and generally dealing with
JAKEDA in all matters in connection with our Bid for the said Project.
We hereby agree to ratify all acts, deeds and things done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our
aforesaid attorney shall and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such
terms under the RfP.
Signed by the within named
_____________________[Insert the name of the executant]
through the hand of
Mr ._____________________
duly authorised signatory
Dated this ___ day of 2015
Accepted
Page 44
JAKEDA
Signature of Attorney
(Name, designation and address of the Attorney)
Attested
(Signature of Executant)
(Name, designation and Address
of the Executant)
Signature and stamp of

Notary of the place of execution
Note:
(1)
The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter documents of
the executant(s) and the same should be under common seal of the executant
affixed in accordance with the applicable procedure. Further, the person whose
signatures are to be provided on the Power of Attorney shall be duly authorised by
the executant(s) in this regard.
Page 45
JAKEDA
Format 2: Power of Attorney to be provided by each of the other members

of the Consortium in favor of the Lead Member
WHEREAS Jammu and Kashmir Energy Development Agency have issued Request
For Qualification on February19, 2014 (RfQ) and Request For Proposal dated 24th
December, 2014, as amended (RfP) for inviting the bids in respect of setting up
of Mini/Micro Hydro Power Projects in the state of Jammu & Kashmir on the terms
and contained in the RfP and the RfP Project Documents (as defined in RfP);
AND
WHEREAS
___________,
_______________,
____________
and
________________ [Insert names of all members of Consortium] the members of
the Consortium are desirous of submitting Bid in response to the RfP, and if
selected, undertaking the project as per the terms of RfP and RfP Project
Documents;
AND WHEREAS all the members of the Consortium have agreed under the Joint
Deed Agreement dated _____ entered into between all the members and submitted
to [Insert name of Authorised Representative] in response to the RfQ, to appoint
______ [Insert the name] as Lead Member to represent all the other members of
the Consortium for all matters regarding the RfP and the Bid;
AND WHEREAS pursuant to the terms of the RfP, we hereby designate M/s
________ (insert name of the Lead Member] as the Lead Member to represent us in
all matters regarding the Bid and the RfP, in the manner stated below:Know all men by these presents, We. (name and
address of the registered office) do hereby constitute, appoint and authorise
[name and registered office address of the Lead Member],
which is one of the members of the Consortium, to act as the Lead Member and our
true and lawful attorney, to do in our name and on our behalf, all such acts, deeds
and things necessary in connection with or incidental to submission of Consortiums
Bid for the Project in response to the Request For Proposal dated 24th December,
2014 issued by JAKEDA, as amended (RfP), including signing and submission of
the Bid and all documents specified in the RfP, including, undertakings, letters,
certificates, acceptances, clarifications, guarantees, etc, making representations to
JAKEDA, and providing information / responses to JAKEDA, representing us and the
Consortium in all matters before JAKEDA, and generally dealing with JAKEDA in all
matters in connection with our Bid for the said Project, till completion of the bidding
process in accordance with the RfP and signing of all the RfP Project Documents by
all the parties thereto.
Page 46
JAKEDA
We hereby agree to ratify all acts, deeds and things done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our
aforesaid attorney shall and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such
terms under the RfP.
Signed by the within named

_____________________[Insert the name of the executant]
through the hand of
Mr. _____________________
duly authorised signatory
Dated this ___ day of 2015
Accepted
Signature of Attorney
(Name, designation and address of the Attorney)
Attested
(Signature of Executant)
(Name, designation and Address
of the Executant)
Signature and stamp of
Notary of the place of execution
Note:
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are
to be provided on the Power of Attorney shall be duly authorised by the executant(s)
in this regard.
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JAKEDA
Annexure9A: Format of Undertaking

[On the Letter Head of the Parent /Affiliates/Ultimate Parent]
Name:
Full Address:
Telephone No.:
E-mail address:
Fax / No.:
To
The CEO,
JAKEDA
_____________
_____________
JAKEDA
Sub: Undertaking for equity investment
Dear Sir,
We refer to the Request For Qualification [Insert date] (RfQ) and Request For
Proposal dated 24th December, 2014, as amended (RfP) issued by you regarding
setting up of Mini/Micro Hydro Power Projects in the state of Jammu & Kashmir.
We have carefully read and examined in detail the RfQ and the RfP, including in
particular, Clause 5.3.7 of the RfQ and Clause 2.7.1.1of the RfP, regarding
submission of an undertaking regarding the investment in the equity share capital of
the Project. We have also noted the amount of the equity investment required in
the IPP for the Project by the [Insert the name of the Bidder or the Consortium
Member] for the Project.
In view of the above, we hereby undertake to you and confirm that in the event of
failure of [Insert the name of the Bidder or the Consortium Member] to invest in full
or in part, in the equity share capital of the IPP as specified in the RfQ and/or RfP
[and/or the Joint Deed Agreement to the extent applicable]***, we shall invest the
Page 48
JAKEDA
said amount not invested by [Insert the name of the Bidder or the Consortium
Member] in the proposed Special Purpose Vehicle to be formed for the Project.
We have attached hereto certified true copy of the Board Resolution whereby the
Board of Directors of our Company has approved issue of this Undertaking by the
Company.
All the terms used herein but not defined, shall have the meaning as ascribed to the
said terms under the RfP.
Signature and Name of the Authorised representative of the Company

Company rubber stamp/seal
*** The language in [] may be added in case of Lead Member in a Bidding

Consortium
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JAKEDA
Annexure 10: Format for Performance Guarantee

To be submitted by the Successful Bidder after issuance of LOI
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution. Foreign entities submitting Bids are required to follow the applicable law in their country)
In consideration of the [Insert name of the Selected Bidder or Selected Bidder on

behalf of the IPP] agreeing to undertake the obligations under the IA dated _______
and the other RfP Project Documents, agreeing to execute the IA and the other RfP
Project Documents inter alia with the IPP, regarding setting up the Power Station of
the capacity of .. MW, in the state of Jammu & Kashmir, the _______________
[insert name of bank] (hereinafter referred to as Guarantor Bank) hereby agrees
unequivocally, irrevocably and unconditionally to pay to Jammu & Kashmir Energy
Development Agency, Jammu, Jammu & Kashmir, India forthwith on demand in
writing from JAKEDA or any Officer authorised by it in this behalf, any amount upto
and not exceeding Rupees ______________ only [Insert the amount of the bank
guarantee in respect of JAKEDA as per the terms of IA], on behalf of M/s.
_______________________ [Insert name of the IPP or the Selected Bidder on
behalf of the IPP].
This guarantee shall be valid and binding on this Bank up to and including
_________________ 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
__________________. JAKEDA shall be entitled to invoke this Guarantee till _____
[Insert date which is 30 days after the date in the preceding sentence].
The Guarantor Bank hereby agrees and acknowledges that the JAKEDA shall have a
right to invoke this BANK GUARANTE 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 the JAKEDA, made in any format, raised at the
above mentioned address of the Guarantor Bank, in order to make the said payment
to JAKEDA.
Page 50
JAKEDA
The Guarantor Bank shall make payment hereunder on first demand without
restriction or conditions and notwithstanding any objection by JAKEDA and [Insert
name of the Selected Bidder] and/or any other person. The Guarantor Bank shall not
require the JAKEDA to justify the invocation of this BANK GUARANTEE, nor shall the
Guarantor Bank have any recourse against the JAKEDA in respect of any payment
made hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of India.
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 JAKEDA shall not be obliged before enforcing this BANK GUARANTEE to
take any action in any court or arbitral proceedings against the [Insert name of IPP]
or the Selected Bidder, to make any claim against or any demand on [Insert name of
IPP] or the Selected Bidder or to give any notice to [Insert name of IPP] or the
Selected Bidder or to enforce any security held by JAKEDA or to exercise, levy or
enforce any distress, diligence or other process against [Insert name of IPP] or the
Selected Bidder.
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the
JAKEDA and may be assigned, in whole or in part, (whether absolutely or by way of
security) by JAKEDA to any entity to whom the JAKEDA 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 ___________ [Date to be inserted on the basis of Article _____
of IA] with an additional claim period of thirty (30) days thereafter. We are liable to
pay the guaranteed amount or any part thereof under this Bank Guarantee only if
JAKEDA serves upon us a written claim or demand.
Signature ____________________
Name___________________
Page 51
JAKEDA
Power of Attorney No._______________

For
______[Insert Name of the Bank]__
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__
.
Note: The Performance Guarantee may be submitted by the Bidder on behalf of the
Project Company or the IPP
Page 52
JAKEDA
Annexure 11: List of Banks

LIST OF BANKS
1. Scheduled Commercial Banks
SBI and Associates
1.
2.
3.
4.
5.
6.
7.
8.
State
State
State
State
State
State
State
State
Bank
Bank
Bank
Bank
Bank
Bank
Bank
Bank
of
of
of
of
of
of
of
of
India
Bikaner and Jaipur
Hyderabad
Indore
Mysore
Patiala
Saurastra
Travancore
Nationalised Banks
1. Allahabad Bank
2. Andhra Bank
3. Bank of India
4. Bank of Maharashtra
5. Bank of Baroda
6. Canara Bank
7. Central Bank of India
8. Corporation Bank
9. Dena Bank
10. Indian Bank
11. Indian Overseas Bank
12. Oriental Bank of Commerce
13. Punjab National Bank
14. Punjab and Sind Bank
15. Syndicate Bank
16. Union Bank of India
17. United Bank of India
18. UCO Bank
19. Vijaya Bank
Page 53
JAKEDA
2. Foreign Banks
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Banks of America NA
Bank of Tokyo Mitsubishi Ltd.
BNP Paribas
Calyon Bank
Citi Bank N.A.
Deutsche Bank A.G.
The Hongkong and Shanghai Banking Corporation Ltd.
Standard Chartered Bank
UFJ Bank Ltd.
Sumitomo Mitsui Banking Corporation
Societe Generale
Barclays Bank
ABN Amro Bank N.V.
Bank of Nova Scotia
3. Scheduled Private Banks

1
2
3
4
5
6
ING Vysya Bank Ltd.

ICICI Bank Ltd.
HDFC Bank Ltd.
IDBI Bank Ltd.
Axis Bank.
J&K Bank
Note:
The above list of banks is indicative and can be modified by JAKEDA as required and
any such change shall not be construed as a deviation from this document.
Page 54
JAKEDA
Annexure 12: Excel Sheet for Bid Submission

Not Applicable
Page 55
JAKEDA
Annexure 13: Illustration for Applicable Board Resolutions

Requirements under 2.7.1.1
Investor in the IPP
Bidder himself
100% equity
for
Bidder himself
100% equity
for
Entities (other
than Bidder)
whose credentials
(financial and/or
technical) used
by the Bidder for
meeting RfQ
criteria
None
Affiliate
and/or
Parent
and/or
Ultimate Parent
Bidder
himself
+
others (Affiliate and/or
Parent and/or Ultimate
Parent) in aggregate
holding 100% equity
None
Bidder
himself
+
others (Affiliate and/or
Parent and/or Ultimate
Parent) in aggregate
holding 100% equity
Affiliate
and/or
Parent
and/or
Ultimate Parent
Applicable Board
Resolutions
a) Format 1 of Annexure 8
Resolution* 1 and 4 from the
Bidder
Resolution* 1 and 4 from the
Bidder
b) Format 2 of Annexure 8 by
either Parent/ Affiliate(s) whose
credentials have been used, or
Ultimate Parent.
Provided, if the Bidder himself is
the Ultimate Parent, then
Format 2 need not be provided.
Resolution* 1, 3 and 4 from the
Bidder.
b) Format 1 of Annexure 8
Resolution* 1 from the Affiliate
and/or Parent and/or Ultimate
Parent investing in the equity
Resolution* 1, 3 and 4 from the
Bidder.
b) Format 1 of Annexure 8
Resolution* 1 from the Affiliate
and/or Parent and/or Ultimate
Parent investing in the equity
c) Format 2 of Annexure 8 by
either Parent/ Affiliate(s) whose
credentials have been used,
Ultimate Parent
Requirement of
Undertaking
(Annexure 10A)
No
Yes, by either Parent/

Affiliate(s)
whose
credentials have been
used,
or
Ultimate
Parent. Provided, if the
Bidder himself is the
Ultimate Parent, then
the undertaking need
not be provided
None
Yes, by either Parent/

Affiliate(s)
whose
credentials have been
used, or
Ultimate
Parent
*Note:
1.
Resolution No. 1 - the second para of the Format No 1, Annexure 8 starting with RESOLVED
THAT pursuant to the provisions
2.
Resolution No. 3 - the third para (immediately below the note) of the Format No 1, Annexure
8 starting with RESOLVED THAT the Board hereby acknowledges
3.
Resolution No. 4 the fourth para of the Format No 1, Annexure 8 starting with FURTHER
RESOLVED THAT
4.
Wherever, the Resolution No. 3 is required to be submitted, it should be supported by a
separate resolution for investment in equity by the concerned entity in the format as per
Resolution No. 1.
Page 56
JAKEDA
Annexure 14: Format of Disclosure

[On the letter head of Bidding Company/Each Member in a Bidding
Consortium]
Disclosure
We hereby declare that the following companies with which we have direct or
indirect relationship are also separately participating in this Bid process as per
following details
Sr.
No
1
Name of the Company
Relationship
2
3
In case there is no such company in the column name of the company write Nil
Further we confirm that we dont have any Conflict of Interest with any other
company participating in this bid process.
Signature ofChief Executive Officer/Managing Director
1.
The above disclosure should be signed and certified as true by the Chief
Executive Officer/Managing Director being full time Director Bidding Company
or Member, in case of a Consortium.
Page 57
JAKEDA
Annexure 15: Upfront Declaration

[On the letter head of Bidding Company/Lead Member in a Bidding
Consortium]
[Applicable only to the Bidders who have chosen to Bid for a capacity
lower than what they are eligible for and consequently require to furnish a
Bid bond with a lower value]
We hereby declare that while we ___________________________ {insert name of

Bidding Entity/Bidding Consortium} have been declared as qualified and eligible for
projects with aggregate capacity of ____ MW, we have chosen to bid for only ____
MW in this bidding process. Consequently the value of Bid Bond required to be
furnished along with the Bid stands at Rs. ________ {insert an amount based on
Rs.7.50 Lakhs for each MW of capacity chosen to be Bid}.
Signature of Chief Executive Officer/Managing Director
1. The above disclosure should be signed and certified as true by the Chief
Executive Officer/Managing Director being full time Director Bidding Company or
Member, in case of a Consortium.
2. In case the Bidder bids for a capacity higher than the capacity declared above, its
Bid shall stand to be rejected.
Page 58

Revised Jakeda RFP Phase Iv - 30032015

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JAKEDA

RFP for Micro/Mini Hydro Power Projects

Competitive Bidding Process

JAMMU & KASHMIR ENERGY DEV. AGENCY

RFP for Micro/Mini Hydro Power Projects

Jammu & Kashmir Energy Development Agency (JAKEDA)

This document is not transferable.

RFP for Micro/Mini Hydro Power Projects

Date: 30th March 2015

RFP for Micro/Mini Hydro Power Projects

INFORMATION AND INSTRUCTIONS TO BIDDERS ......................................................... 8

PURCHASE OF POWER BY PDD ................................................................................................. 8

EVALUATION CRITERIA ..................................................................................................26

BID EVALUATION ................................................................................................................ 26

RFP for Micro/Mini Hydro Power Projects

the person designated by

Jammu& Kashmir Energy Development Agency

RFP for Micro/Mini Hydro Power Projects

RFP for Micro/Mini Hydro Power Projects

RFP for Micro/Mini Hydro Power Projects

Jammu& Kashmir Energy Development Agency

RFP for Micro/Mini Hydro Power Projects

To promote investors participation in micro/mini hydropower projects JAKEDA

JAKEDA, in order to select competent, experienced and capable party having

Jammu& Kashmir Energy Development Agency

RFP for Micro/Mini Hydro Power Projects

Commission (Amendment) Act, dated 17thMarch 2009 or any other applicable

The objective of the bidding process is to select a Successful Bidder for

JAKEDA has identified following projects to be awarded to the Successful

Capacity (in MW)

Hw- 750 40 06.13 E 330 25 30.25 N

Hw- 750 39 46.25 E 330 24 35.70 N

Hw- 750 34 55.25 E 330 26 13.69 N

Poda Sarthal MHP

Hw- 750 52.31 88 E 330 13 51.64 N

Sawjia Stage I MHP

Hw- 740 19 13.20 E 330 52 55.48 N

Sawjia Stage II MHP

Hw- 740 18 46.28 E 330 52 55.77 N

Arai Stage I MHP

Hw- 740 16 47.05 E 330 47 17.93 N

Arai Stage II MHP

Hw- 740 16 45.84 E 330 47 41.23 N

Khari Stage II MHP

Hw- 750 08 36.93 E 330 23 11.34 N

Hw- 750 13 28.63 E 330 19 51.98 N

Hw- 750 23 39.18 E 330 30 52.55 N

Jammu& Kashmir Energy Development Agency

Hw- 750 24 36.37 E 330 29 24.43 N

RFP for Micro/Mini Hydro Power Projects

Anantnag Total (in MW)

Sarfaraw Stage II MHP

Hw- 750 03 59.92 E 340 12 30.44 N

Hw- 740 57 59.59 E 340 20 57.11 N

Rayil Stage II MHP

Hw- 750 07 51.76 E 340 16 40.80 N

Hw- 740 04 29.20 E 340 03 12.96 N

Hw- 740 33 51.19 E 330 50 50.48 N

Dudhi Pathri MHP

JAKEDA has initiated following development activities with respect to the

a. The site selection;

Jammu& Kashmir Energy Development Agency

RFP for Micro/Mini Hydro Power Projects