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The turnover criteria for PSEB competitive bidding should be reduced in line with the qualification criteria adopted in MP & should be based on the minimum offered capacity (1620 MW). VMaximum figure of the last 5 years may be taken and requirement calculated on 1200 MW."MU1. Turnover should be considered on the basis of highest in any of the last three years. 2. Turnover should be either exempted if an IRG criterion is met with by a bidder or reduced to the rate of Rs 0.6 Cr/MW corresponding to the highest turnover in any year.1X]Rs 21.60 billion or equivalent US$ derived from any of the past three years' annual accounts.0; 1. Minimum 11% equity should be treated at par if held at the time of project implementation subject to current holding more than 26% in the project. Cost of such project should not be less than Rs 450 crore (basis Rs 0.25 Cr/MW). 2. The power project financially closed during the recent 2 years can be taken as qualifying criteria, as well. Bidder if financially closed the power projects with a cost more than Rs 1350 crore (basis Rs 0.75Cr/MW) may be considered qualified. Alternatively, you may consider cost of financially closed projects at a rate of Rs 1.0 Cr/MW)hClause 2.5.3 In case of bids submitted by consortium of bidding company, please clarify that the member company of the bidding consortium also be a consortium in itself fulfilling Technical & Financial criteria as prescribed in the RFQ for member of the Bidding Consortium. <The Bidding Company or a Consortium Member (including Lead Member) can take 100% benefit of the technical and financial capability of a Parent Company or its Affiliates for the Purpose of Bid Evaluation. If a Bidding Company or a Member in Bidding Consortium wishes to take benefit of the technical and financial capability of its parent company or its Affiliates, it will have to submit legally binding undertaking supported by a board resolution from its parent company or its Affiliates/ parent company of its Affiliates that all the equity investment obligations of the Bidding Company or the Member of the Consortium shall be deemed to be equity investment obligations of the parent company or its Affiliates/ parent company of its Affiliates and in the event of any default the same shall be met by the Parent Company or its Affiliates/ parent company of its Affiliates." As such, Chambal Fertilisers and Chemicals Ltd meets both the technical and financial criterion for this project, but our appeal is to allow CIVL which is 100% subsidiary of CFCL to bid for this project. o;Use of credentials of Parent, Affiliate and/or Subsidiaries should be permitted for qualification. It is necessary in the business scenario as the projects are owned by entities promoted by bringing in the investments from various sources like Parent, Subsidiaries or Affiliates.aAllow a company to use the Financial and Technical credentials of its Parent company and Affiliate Company to qualify in this RFQ. This is also the system followed in all international tenders. 1. The demand supply needs to be approved by the Commission. As per the Competitive bidding guidelines, the procurer requires the approval of the Commission for procurement of power beyond the incremental increase in the next three years. PSEB may mention the status in this regard. 2. Clause 3.1.2 (iv) & (v) :It is understood that the Bidder has to  Supply power at the bus bar of the power plant and the same would be the delivery point for supply of power. Further it is the Procurer s obligation to lift the power from the delivery point. Please confirm the understanding of the concerned sub clauses in the PPA. 3. Schedule 7 of the Model PPA envisages the incentive payable beyond 85% at the rate of 40% of the Quoted Non-Escalable Capacity Charges for the Contract years subject to maximum of 25 paise per unit. As per the RFQ document, the incentive payable to the Bidder is based over & above Normative Availability of 80%. Clarification is sought from the procurer regarding the discrepancy.5nxPara 3.1.2 A, pg. 24 Para 3.1.2 A Pg 24 Activities to be completed by the procurer and the time period has not been specified. This may please be done. (pIt is stated that the Normative availability required to be met by the bidder over and above which incentives shall be paid is 80%. It is also stated on Pg 4 (Purchase of power) that the procurer would retain Dispatch rights on the entire capacity of power station. Please clarify that all power generated above 80% availability will also be purchased by the procurer. -2. Format for Details of Consortium Companies Annexure 8 Exhibit (ii) (a):-Please clarify that the format prescribed under this exhibit shall be filled by the member company giving details of its consortium companies (Company1, Company 2& .. etc).Bidder may fulfill the aggregate capital cost criteria in a single project. Hence project development experience of atleast 2 numbers may be removedjCondition may be modified as  COD of Unit 1 to be on or before 54 months from the date of signing of SPA .^ Project Site definition does not include Rail link required for coal linkage of the project.1. Since the project is meeting all other parameters of a Mega project except purchase of power by multiple procurers, the tender condition may be suitably modified to include more than one procurer. This would result in the project getting duty exemptions, hereby increasing the prospect of lesser tariff. 2. It is suggested that 85% of the contracted power may be sold to PSEB and balance to other state owned distribution utilities.In view of large size of the project, mandated use of super-critical technology will result in better fuel efficiency and lower emissions.It is suggested that the definition of bidder is structured in line with the UMPP bid norms to permit bidding either through the holding company or through a subsidiary of the bidder.Bidder1. Responsibilities for coal mining and fuel transportation are not specified in the RFQ. Please specify. 2. The class of coal to be made available for the project has to be specified in the RFQ, as this is a critical input for Boiler design.DPlease provide likely date of completion of land acquisition by PSEB>To support coal supply of 8.75 mtpa, large area and more railway lines will be required for railway siding at Saddasinghwala and / or Mansa railway station. The acquisition of additional land is to be taken up immediately with the appropriate authority. And all R&R issues< pertaining to the same to be settled by PSEB.It is understood from RFQ that PSEB will arrange to obtain all the necessary clearances for setting up /executing the project prior to signing of SPA. Tasks undertakenCommencement of Supply Lead MemberCapacity Coal Linkage Project Site TechnologySl. No.SubjectQueries/ Suggestions / Views Water LinkageStatus of ClearanceGeneral1. Bhilwara Energy Limited 2. Chambal Fertilizers and Chemicals Ltd. 3. CLP Power India Pvt. Ltd. 4. GMR 5. JSW Energy 6. Lanco Infratech 7. L&T 8. Siti Energy 9. Sterlite Financial RequirementInternal Resource GenerationNetworthAnnual TurnoverTechnical QualificationiThe Lead Member for the Bidding Consortium would hold at least 26% equity stake in the Bidding Consortiume1. Site Identification & Land Acquisition 2. Environmental Clearance 3. Fuel Linkage 4. Water LinkageMega Power StatusF1. By restricting the entire Contracted Capacity of 1800 (+/- 10%) MW to the state of Punjab would not enable the SPV to claim Mega Power Benefits, which lead to significant reduction in the Project Cost. 2. Though, no guidelines for defining an inter-state project exist in the public domain, previous experience has shown that a broad range of 10%-20% power may be sold to other states to claim Mega Power Status. 3. The possibility of partnering with one more state may be explored by PSEB or alternatively, PSEB may approach the Ministry of Power for amendment in this regard. 1. Land is not acquired and R&R issues are yet to be resolved. Environmental Clearances are yet to be obtained. No clarity with regard to coal and water linkage is provided. 2. The time framework for obtaining these clearances/linkages before the proposed issuance of RFP by October 1st 2007, appears to be very aggressive. Some comfort should be given to the bidders and the Procurer could furnish some indications regarding the same in the pre-bid conference. 3. The Procurer should provide the status in the pre-bid conferenceDuring Site visit, it was told by the Procurer that the coal linkages for the project are proposed from Mahanadi Coal Fields. Clarification about the status of coal linkage and transportation route and agreement needs to be provided by the procurer. Land AvailabilitypIt is understood that Price of land would be determined by the Govt. The exact price would be announced at the RFP stage that would be factored in the price bid. The land is yet to be acquired including clearances to be received by GOP. Further cost towards R&R would be separate. The status with regard to the acquisition and cost should be indicated to the Bidders. >Please provide status of the clearance for the water linkage. 1. Change of Law, Tax HolidayyIf the Govt. of India does not extend the tax holiday under Section 80 IA, the same may also be taken as a Change of Law.Parent / AffiliateQualifying Requirements{IRG should be computed on the basis of five times of the highest internal resources generated in any of the last five years!Members in the Bidding ConsortiumPlease clarify the agency responsible for developing the coal mine and the firm date by which coal production will commence along with the coal data.0Purchase of Power by the Procurer (Clause 2.2.1)Equal to at least Rs 5.4 billion or equivalent US$ computed as five times the maximum IRG during any of the last five years' business operations DefinitionUltimate ParentParent"Parent" shall mean a company that holds at least twenty six per cent (26%) of the paid up equity capital of the Bidding Company or Member of the Bidding Consortium and having management control of such Bidding Company or Member of the Bidding Consortium, as the case may be. AffiliateSeller"Seller" shall mean the Special Purpose Vehicle, if any, formed by a Successful Bidder for the purposes of development, finance, ownership, design, engineering, procurement, construction, commissioning, operation and maintenance of the project in accordance with the RFP. In case the Successful Bidder does not form a Special Purpose Vehicle, either such successful Bidder or an Affiliate or Parent company or Ultimate Parent of such successful Bidder as may be designated by it shall be the Seller.Developing Projectsq"Developing Projects" means successful commissioning of a Project in which the Bidder or an Affiliate held an equity stake of not less than 26% at the time of commissioning of the project. In case, a clearly identifiable part of a project has been put into commercial operation, the capital expenditure on such part of the project shall be considered. Further, the Technically Evaluated Entity must have either executed such projects itself or must own directly or indirectly at least 26% of the shareholding in the entity that has executed the project(s) and must have held such shareholding until operation of the projects.Unconsolidated Accounts5It should be five times of maximum of last five years$It should be any of last three yearsPATKPAT should not be negative in any of the last three years should be removedTechnical Requirement to be met by the lead member in proportion with its holding in the consortium is not in line with Standard Bid Documents (SBD). More clarity is required for e.g. it is mentioned that for technical purpose at least two projects will be considered and does that mean that the lead member can have one project and the other member(s) can have the other project with capacity in proportion with their holding in the consortium.CMoreover, nowhere it is mentioned that bidders for qualification can draw credentials of its group/affiliate companies which is allowed under SBD and Ultra Mega Power Projects (UMPP) requirements. It is essentials that strength of group/affiliate companies is allowed since most projects are taken up through the SPV route.IRG computed as five times the maximum of internal resources generated during the last five years business operation in line with SBD and UMPP requirements4Derived from any of the last 3 years annual accounts(i) for the First unit on or before the expiry of 60 months from the date of signing of the SPA (1st Unit s Commercial Operation Date); and (ii) for the Subsequent units at an interval of 6 months each.3. Board ResolutionThere seem to be a typo error. In clause 2.5.2, the board resolution is sought at the RFP stage, whereas the checklist provided in Clause 5 of the RFQ, the board resolution is mentioned. 1. It should be made clear by the Procurer whether the envisaged capacity to  supply power is 1800 (+/-10%) is desired at as net (after auxiliary) at Station bus-bars or is the gross generation capacity of the Power Plant or it is capacity of the station. 2. The procurer should confirm, that the infrastructure to be provided like land/water/coal and clearances for the proposed plant would be sufficient for the maximum capacity.JThe Procurer may consider a percentage of the installed capacity as the contracted capacity. This will enable sale of power to other states, which in turn will benefit the procurer in terms of low tariff, since bidders would not be hesitant to pass the benefit of mega power project to the procurer in terms of competitive tariff.'Model Power Purchase Agreement Document"Ultimate Parent" shall mean a company which, directly or indirectly, holds at least twenty six per cent equity in the Bidding Company or Member of the Consortium as in the case may be and in the Tech< nically evaluated equity and/or Financial evaluated Entity as the case may be and such Bidding Company or Member of a Consortium (as the case may be) and the Technically evaluated entity and/or Financially evaluated entity (as the case may be) shall be under the direct control or indirectly under the common control of such entity."Affiliate" means a company that either directly or indirectly controls or is controlled by or is under common control of Parent/Ultimate parent Company of a Bidding Company (in the case of a single entity) or a Member (in the case of a Consortium) and control means ownership by one company of at least 26% of the voting rights of the other company. The definition of Affiliate also includes Parent and Ultimate Parent of the Bidding Company.RFQ should also indicate whether the bidder should factor in provision for setting up a Flue Gas Desulphurisation (FGD) unit in the project.1. By introducing the usage of unconsolidated accounts for meeting the qualification requirements, an onerous requirement has been introduced that may not give due consideration to the Holding Company based structure from qualifying the bid. 2. CLP Power India Pvt. Ltd. and Gujarat Paguthan Energy Corporation Pvt. Ltd. are 100% owened subsidiary of the CLP Holding Ltd. (Parent) through a set of 100% owned intermediary entities and would like to participate in the bidding process based on the strength of the Parent Company. While the Parent Company itself is willing to provide guarantee undertaking for investment (during RFP stage) on behalf of the Bidder, we believe it will not be fair in not allowing us to qualify based on the Parent's strength. Please be informed that the Holding Company like CLP Holdings Ltd. does not produce unconsolidated account statements, this is in line with international accounting standards and the consolidation is done only to the extent of its equity holding in the Subsidiaries/Affiliates/Associate Companies.IjdFive times the maximum Internal Resource Generation during the last five years calculated on 1620 MW?NOIFive times the maximum IRG during the last 5 years calculated on 1200 MW.31. Networth be calculated on 1620 MW. 2. In case of Net Worth the same is asked as on April 1st, 2007. The same may differ from the Networth as in the last audited Annual Accounts for FY 2007. Hence a clarification is sought that if there is a difference in Networth between 31st of March and 1st of April 07. a CA certificate would suffice to authenticate any change in Networth Between 31st of March and 1st of April 2007. $] _VMaximum figure of the last 5 years may be taken and requirement calculated on 1200 MW."NURequirement may be exempted.\Average annual Turnover to be Rs 15.00 billion as against Rs 21.60 billion given in the RFQ.The commissioning of unit by 34th month for a greenfield project is difficult to achieve. It is therefore requested to modify the commissioning schedule which is in line with the commissioning schedule indicated by the power procurers calling Global Expression of Interest from the developers as per the competitive bidding guidelines issued by Ministry of Power and the actual project commissioning schedule achieved by the developers in the power industry.The format is to be signed and funished by the Lead Member but shall include information for each member of the Consortium. The Lead Member may like to get the confirmation from other Members in a form as may be considered appropriate.The Procurer does not consider it necessary to factor in the provision of FGD. However, if the requirement of FGD crops up due to environmental clearance condion, it will be the responsibility of the Developer.Replies/Ammendments1. Not to go for Mega status. 2. The entire power to be generated from the proposed power plant will be sold to the Procurer under the terms of PPA to be entered into in this regard. The entire power to be generated from the proposed power plant will be sold to the Procurer under the terms of PPA to be entered into in this regard. 1. The Procurer is responsible and accountable to the Regulator as per provisions of law and the Procurer would ensure that the provisions of law are duly complied with, including in terms of obaining the approval of the regulator for the proposed capacity of the power plant based on projected demand supply scenario in the State. 2. The Procurer is unable to understand/appreciate the basis of the Bidder's query as this has been quite explicit in the RFQ document and the draft PPA attached threwith. 3. As per CERC guideleines on the subject, no incentive is applicable for availability between 80% to 85%. kReply to Queries / Suggestions of the Developers in the first RFQ Bidders' Conference for Talwandi Sabo TPP1. Technology-Neutral and Configuration-Neutral. 2. Fuel Efficiency aspect will be covered by the competitive tariff bidding whereas the emission would be taken care of by environmental clearance.%Unconsolidated accounts are required Clause deletedAlready definedTalwandi Sabo Power Ltd. (SPV) had applied for long term coal linkage to the Ministry of Coal, GOI, which has recently granted LOA for the project. Ministry of Railways has also assured in writing that there would not be any problem for transportation of coal from SCEL/ MCL. XThe clearances to be obtained by SPV have been clearly spelt out in the RFQ document. HNot to go for Mega status. UPunjab Government has approved water linkage for 100 cusec of water. Land for water channel shall be acquired by Govt. under the provision of Land Acquisition Act, if requested by the developer. However, channel would be constructed at the cost of the developer. The cost of construction of the channel would be intimated at the RFP stage. 'Land is being acquired by the Government under the provisions of Land Acquisiton Act 1894. The price of land would also be fixed by the Government. Notification under Section-4 of Land Acquisiton Act has been issued, objections of the land owners have been heard under Section-5 and Notificaton under Section-6 would be issued very soon. It is expected that land acquisiton process should be completed and possession of land would be taken in next 2/3 months. Exact price of land would be known before RFP stage. Land for water channel as well as for rail corridor shall be acquired by Govt. under the provisions of Land Acquisition Act, if requsted by the Developer. Any further acquisition of land for the project would be done by the Govt, if requested by the developer. R&R activities for all land acquired by the Govt. including the main plant area, railway corridor, water chanel shall be undertaken by the Government having no cost bearing for the developer. COD of first Unit 38 months after signing of SPA. Subsequent units after 42 months, 46 months and so on respectively from the date of signing of SPA. (RFQ amended as per Standard Bid DocumentThe tax holiday under reference is presently available to undertaking which is set up in any part of India for the generation or generation and distribution of power if it begins to generate power at any time during the period beginning on the 1st day of April, 1993 and ending on the 31st day of March, 2010. If the Government of India does not extend the tax holiday under seciton 80 IA, the same will not be taken as a Change of Law.yThe Board resolution as mentioning in the clause 2.5.2.2 of the RFQ is the Board resolution committing 100% of equity requirement, which is to be submitted at the RFQ stage. However, the Board resolution as mentioned in clause 5 (check list for bidders' p-18) is the Board resolution of the Bidding Company or each member of the Co<nsortium for making a proposal under the RFQ. Regarding land acquisition, detailed reply at Sr. No. 7 may be seen. Completion of activities under Clause 3.2 of the guidelines shall be completed by the stage of signing up of share purchase agreement.RAll power generated above 80% availability will also be purchased by the procurer.1.1800MW10% is Contracted Capacity i.e net power (after auxillary consumption)at Station Bus bars. 2.All the Power at station Bus Bar will be taken by Procurer 3. 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