REQUEST FOR SELECTION DOCUMENT

FOR

SELECTION OF SOLAR POWER

GENERATORS FOR
SETTING UP OF 1200 MW ISTS-CONNECTED
SOLAR PV POWER PROJECTS
ANYWHERE IN INDIA

(RfS No.: NTPC/RE-CS/2024-25/Solar-01)

Tender Search Code (TSC): - NTPC-2024-TN000008

ISSUED BY:
NTPC Limited
Renewable Energy - Contract Services, 4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar, Uttar Pradesh, India, Pin – 201306
Email- [email protected]/ [email protected]/ [email protected]
Request for Selection of ISTS Connected Solar Projects of 1200 MW

NOTES:

1. Though adequate care has been taken while preparing the Request for Selection
(RfS) document, the Bidder shall satisfy himself that the document is complete in all
respects. Intimation of any discrepancy shall be given to this office immediately within
ten days from the date of issue of the RfS documents on the website of
https://www.bharat-electronictender.com.

2. NTPC Limited (NTPC) reserves the right to modify, amend or supplement this RfS
document.

3. Though this RfS document has been prepared in good faith, neither NTPC nor its
employees or advisors make any representation or warranty, expressed or implied,
or accept any responsibility or liability, whatsoever, in respect of any statements or
omissions herein, or the accuracy, completeness or reliability of information, and shall
incur no liability under any law, statute, rules or regulations as to the accuracy,
reliability or completeness of this RfS document, even if any loss or damage is caused
by any act or omission on their part.

Authorised Person

Name: Mr. Hemant /Mr. Bablu Kumar

Designation: AGM (RE-CS)/ Sr. Manager(RE-CS)
Address: Renewable Energy - Contract Services
4th Floor, NETRA Building, NTPC Ltd
E-3, Ecotech-IIUdyog Vihar, Greater Noida
Gautam Budh Nagar
Uttar Pradesh, India, Pin – 201306
Telephone No. 9661197685/+91-120-2356517
Email: - [email protected]/ [email protected]/ [email protected]

Place: GREATER NOIDA

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

CONTENTS
SECTION 1INTRODUCTION ................................................................................................................................. 5
SECTION 2 DEFINITIONS ................................................................................................................................... 8
2.0 DEFINITIONS ....................................................................................................................................... 9
SECTION 3 INFORMATION AND INSTRUCTIONS TO BIDDERS ...............................................................................15
3.0 INFORMATION AND INSTRUCTIONS TO BIDDERS ....................................................................16
3.1 TOTAL CAPACITY OFFERED ...............................................................................................................17
3.2 CAPACITY OF EACH PROJECT .............................................................................................................18
3.3 PROCESSING FEES............................................................................................................................18
3.4 CRITICAL DATE SHEET FOR ACTIVITIES INVOLVED IN THE RFS (THROUGH E-BIDDING PROCESS): ...........19
3.5 BIDDING FOR SOLAR POWER PROJECTS .............................................................................................20
3.6 LOCATION OF SOLAR PROJECT ..........................................................................................................20
3.7 NUMBER OF RESPONSE TO RFS BY A COMPANY .................................................................................20
3.8 QUALIFICATION REQUIREMENTS...............................................................................................21
3.9 CONNECTIVITY WITH THE GRID ...........................................................................................................27
3.10 CAPACITY UTILIZATION FACTOR (CUF) ............................................................................................308
3.11 SHORT-LISTING OF BIDDERS FOR OPENING OF FINANCIAL BIDS .........................................................319
3.12 SELECTION OF SOLAR POWER GENERATORS ...................................................................................319
3.13 NOT USED ........................................................................................................................................35
3.14 POWER PURCHASE AGREEMENT (PPA) .............................................................................................35
3.15 SUBMISSION OF RESPONSE TO RFS BY THE BIDDER ...........................................................................37
3.16 REJECTION OF BID. ............................................................................................................................40
3.16.1 MODIFICATION OF BID ........................................................................................................................40
3.17 THE BIDDER SHOULD NOTE THAT: .......................................................................................................40
3.18 DUE DATE.........................................................................................................................................41
3.19 METHOD OF SUBMISSION ...................................................................................................................41
3.20 VALIDITY OF THE RESPONSE TO RFS..................................................................................................41
3.21 PREPARATION COST ..........................................................................................................................42
3.22 ENQUIRIES/CLARIFICATIONS ..............................................................................................................42
3.23 RIGHT OF NTPC TO REJECT A BID......................................................................................................43
3.24 BANK GUARANTEES...........................................................................................................................43
3.25 FORFEITURE OF EMD ........................................................................................................................49
3.26 MINIMUM PAID UP SHARE CAPITAL TO BE HELD BY THE PROMOTER ......................................................52
3.27 Financial Closure or Project Financing Arrangements 52
3.28 COMMENCEMENT OF SUPPLY OF POWER: ..............................................................................53
3.29 COMMERCIAL OPERATION DATE .............................................................................................................
3.30 NOT APPLICABLE ..........................................................................................................................52
3.31 CORRUPT OR FRAUDULENT PRACTICES: .............................................................................................52
3.32 FRAUD PREVENTION POLICY: .............................................................................................................53
3.33 CONTACTING NTPC ..........................................................................................................................54
3.34 INTEGRITY PACT................................................................................................................................54
3.35 . .......................................................................................................................................................55
3.36 . .......................................................................................................................................................55
3.37 Eneligibility for participation in Retenders 56
SECTION 4 EVALUATION CRITERIA ..........................................................................................................57
4.0 EVALUATION CRITERIA ................................................................................................................58
4.1 STEP I - RESPONSIVENESS CHECK .....................................................................................................58
4.2 STEP II - BID EVALUATION ..................................................................................................................58
4.3 STEP III – REVERSE AUCTION ............................................................................................................59

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

SECTION 5 .....................................................................................................................................................61
5.0 OTHER PROVISIONS ....................................................................................................................61
SECTION 6 FORMATS FOR BID SUBMISSION & ATTACHMENTS ............................................................63
6.0 LIST OF FORMATS, APPENDICES AND ANNEXURES ..............................................................................64
FORMAT 6.1 – FORMAT OF COVERING LETTER.................................................................................................65
FORMAT 6.2 – FORMAT FOR POWER OF ATTORNEY .........................................................................................69
FORMAT 6.3 A – FORMAT FOR BG FOR EARNEST MONEY DEPOSIT ..................................................................71
Format 6.3 (A-1) Format for Payment On Order Instrument 73
Appendix -1 to Format 6.3 A- Format of Undertaking 76
FORMAT 6.3 B – FORMAT FOR PERFORMANCE BANK GUARANTEE ....................................................................77
Format 6.3 C Format for Payment On Order Instrument 80
Format 6.3 D BG/POI forwarding letter from Bank to Unified Treasury 83
FORMAT 6.4 –FORMAT FOR BOARD RESOLUTIONS ...........................................................................................84
FORMAT 6.5 – FORMAT FOR CONSORTIUM AGREEMENT ...................................................................................87
Format 6.5 A-Undertaking from Bidder In Case of Bidding Consortium 92
Format 6.5 B-Undertaking from Bidder In Case of Foreign Company 93
FORMAT 6.6 – FORMAT FOR FINANCIAL REQUIREMENT – NET WORTH ..............................................94
Format 6.6 A- Undertaking From The Bidder In Accordance with clause no. 3.8.A.8 104
Format 6.6 B- Performa for Certificate from CEO/CFO 105
FORMAT 6.7 – FORMAT FOR TECHNICAL CRITERIA ..............................................................................106
FORMAT 6.8 –FORMAT FOR DISCLOSURE .....................................................................................................107
FORMAT - 6.9 DECLARATION FOR THE PROPOSED TECHNOLOGY ..................................................................108
FORMAT 6.10 – UNDERTAKING FROM BIDDER AS PER CLAUSE 3.24 2 OF RFS 110
FORMAT 6.11 – RESTRICTION ON PROCUREMENT FROM CERTAIN COUNT. ......................................................111
FORMAT 6.12 A– INTEGRITY PACT.................................................................................................................112
FORMAT 6.12 B– DRAFT FOR INTEGRITY PACT.....................................................................................................
FORMAT 6.13 A – CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS OF RFS DOCUMENT .......123
Format 6.13 B-Certificate for Complience To All Provisions of RfS Document 125
FORMAT 6.14 - DECLARATION ON FRAUD PREVENTION POLICY .......................................................126
APPENDIX – A CHECK LIST FOR BANK GUARANTEES ..........................................................................127
ANNEXURE 1 TECHNICAL REQUIREMENTS FOR GRID CONNECTED SOLAR PV PROJECTS ................................128
ANNEXURE – 2 LIST OF BANKS .....................................................................................................................131
ANNEXURE – 3 COPY OF PPA ....................................................................................................................133
ANNEXURE – 4 SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING..........................................................134
ANNEXURE – 5 TERMS & CONDITIONS OF REVERSE AUCTION ............................................................140
BUSINESS RULES OF REVERSE AUCTION .................................................................................................

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Section 1

Introduction

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

INTRODUCTION
1.0 NTPC Limited (hereinafter called NTPC) intends to procure solar power up to capacity
of 1200 MW through Competitive Bidding Process (conducted online followed by
reverse auction). After conclusion of bidding process NTPC shall enter into Power
Purchase Agreement (PPA) with the selected Bidders, based on this RfS for purchase
of Solar power for a period of 25 years from the Scheduled Commencement of Supply
Date (SCSD) of the project based on the terms, conditions and provisions of the RfS
and PPA.

1.1 This document is for selection of Solar Power Generators (SPGs) for setting up Grid-
connected Solar-PV Power Projects of aggregate capacity of 1200 MW on the land to
be identified & arranged by the SPGs anywhere in India. The solar power produced by
the selected SPGs from their respective Solar-PV Power Projects, will be purchased
by NTPC and would be sold to the End procurers through back to back Power Sale
Agreement (PSAs).

1.2 NTPC invites the bidder to participate in the RfS for development of Solar Power
Projects. The Solar projects already under construction or yet to be commissioned or
commissioned but do not having long-terms PPA with any agency and selling Solar
power on short term or merchant basis may also be considered for the selection under
this tender subject to the condition that these projects have not been accepted under
any State or Central Scheme and also do not have obligation to sell the power to any
beneficiaries and they are in compliance with provisions of this RfS documents. In such
case they will be given the benefit for a longer period of PPA, commensurate to the
duration between the actual date of commencement of supply of power and schedule
commencement of supply date (SCSD). A partial capacity of solar PV Power Plants
for which PPA has not been signed can also be offered by the bidder subject to meeting
minimum offered capacity requirement of 50 MW.

1.3 Under this RfS, the minimum bid capacity shall be 50 MW and in multiples of 10 MW
thereafter. A bidder shall be allowed to bid for Individual minimum project size of 50
MW at one site. The maximum capacity to be allotted to a single bidder shall be 600
MW. Accordingly, the cumulative capacity offered by a bidder should not exceed 600
MW.

1.4 The bidders will be short-listed by the process of e-bidding (Single Stage Two
Envelope Bidding Process. Envelope-I: Technical Bid and Envelope-II: Financial
Bid) to be followed by reverse auction process for selection of bidders. E-bidding is a
new methodology for conducting Public Procurement in a transparent and secured
manner. For conducting electronic tendering, NTPC Ltd. is using the portal

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

https://www.bharat-electronictender.com (i.e. ETS Portal) of M/s ISN Electronic

Tender Services Ltd. The portal is also referred to as Electronic Tender System® (ETS).

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 7

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Section 2

Definitions

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Definitions

2.0 Definitions

"Act" or "Electricity Act, 2003" shall mean the Electricity Act, 2003 and include any
modifications, amendments and substitution from time to time;
“Affiliate” shall mean a Company that, directly or indirectly, Controls, or is controlled
by, or is under common control with, a Company developing a Project or a Member
in a Consortium developing the Project and control means ownership, directly or
indirectly, of more than 50% (fifty percent) of the voting shares of such company or
right to appoint majority Directors;
"Applicable Tariff" shall be the quoted Tariff by the selected Project Generators.

“Appropriate Commission” shall mean as defined in the PPA.

“Bidder” shall mean Bidding Company or a Bidding Consortium submitting the Bid.
Any reference to the Bidder includes Bidding Company / Bidding Consortium/
Consortium, Member of a Bidding Consortium including its successors, executors and
permitted assigns and Lead Member of the Bidding Consortium jointly and severally,
as the context may require;

“Bidding Company” shall refer to such single company that has submitted the
response in accordance with the provisions of this RfS;

“Bid” or “Proposal” shall mean the documents submitted by the Bidder towards
meeting the techno-commercial and financial qualifying requirements, along with
the price bid submitted by the Bidder as part of its response to the RfS issued
by NTPC.

“Bidding Consortium” or “Consortium” shall refer to a group of companies that has

collectively submitted the response in accordance with the provisions of this RfS;

“Bid Capacity” shall mean aggregate contracted capacity of the Solar PV Power
Project(s) as proposed by the Bidder.

“Buying Entity” shall mean any Discom/distribution licensee that requires Solar
Power to fulfil its other RPO under respective RPO regulations / Energy Storage
Obligations as per the Government of India’s orders or notifications, unless
otherwise intimated in writing separately;

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

“Capacity Utilisation Factor” or “CUF” shall have the same meaning as provided
in Central Electricity Regulatory Commission (Terms and Conditions for Tariff
determination from Renewable Energy Sources) Regulations, 2020 as amended from
time to time. However for avoidance of any doubt, it is clarified that the CUF shall be
calculated on the Capacity at the “Delivery / Inter- connection / Metering Point”;
“Chartered Accountant” shall mean a person practicing in India or a firm whereof all
the partners are practicing in India as Chartered Accountants within the meaning of the
Chartered Accountants Act, 1949;
For bidders incorporated in countries other than India, “Chartered Accountant” shall
mean a person or a firm practicing in the respective country and designated/ registered
under the corresponding Statutes/ laws of the respective country
“Company” shall mean a body corporate incorporated in India under the Companies
Act, 1956 or the Companies Act, 2013 as applicable;

"Control" The control shall mean the ownership, directly or indirectly, of more than
50% (fifty percent) of the voting shares of such Company or right to appoint majority
Directors.

“Contracted Capacity” shall mean the AC capacity in MW contracted with NTPC for
supply of power by the SPG to NTPC at the Delivery Point from the Project, based on
which the PPA executed with NTPC

“Commercial Operation Date” shall mean the date on which the commissioning
certificate is issued upon successful commissioning of the full capacity of the Project
or the last part capacity of the Project as the case may be.

“CTU or Central Transmission Utility” shall mean the Central Transmission Utility
as defined in sub-section (10) of Section 2 of the Electricity Act 2003;

“End Procurer” shall mean the distribution licensee(s)/consuming entities/open

access consumers.

“Financial Closure” shall mean arrangements of necessary funds by the Power

Generator either by way of commitments of funds by the company from its internal
resources and / or tie up of funds through a bank / financial institution by way of
sanction of a loan.

“GENERAL NETWORK ACCESS (GNA)” shall mean General Network Access as

defined under the Central Electricity Regulatory Commission (Connectivity and
General Network Access to the Inter-State Transmission System) Regulations, 2022

“Group Company” of a Company shall mean:

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

(i) a Company which, directly or indirectly, holds 10% (ten percent) or more of the
paid up share capital of the Company or;
(ii) a Company in which the Company, directly or indirectly, holds 10% (ten
percent) or more of the paid up share capital of such Company or;
(iii) a Company in which the Company, directly or indirectly, has the power to direct
or cause to be directed the management and policies of such Company whether
through the ownership of securities or agreement or any other arrangement or
otherwise or;
(iv) a Company which, directly or indirectly, has the power to direct or cause to be
directed the management and policies of the Company whether through the
ownership of securities or agreement or any other arrangement or otherwise or;
(v) a Company which is under common control with the Company, and control
means ownership by one Company of at least 10% (ten percent) of the paid up
share capital of the other Company or power to direct or cause to be directed
the management and policies of such Company whether through the ownership
of securities or agreement or any other arrangement or otherwise.
Provided that a financial institution, Private Equity Funds, scheduled bank, foreign
institutional investor, non-banking financial Company, and any mutual fund shall not be
deemed to be Group Company, and its shareholding and the power to direct or cause
to be directed the management and policies of a Company shall not be considered for
the purposes of this definition unless it is the Project Company or a Member of the
Consortium developing the Project.
“Inter-connection point /Delivery/Metering point”
Shall mean the point at CTU Sub Station where the power from the Solar Power Project
is injected into the Inter State Transmission System (ISTS). Metering shall be done at
this interconnection point where the power will be injected into the ISTS i.e. the
Delivery point.

The SPG shall abide by the relevant CERC Regulations, Grid Code and Central
Electricity Authority (Installation and Operation of Meters) Regulations, 2006 as
applicable, amended and revised from time to time.;

“Intermediary Procurer” is an entity designated by Ministry of New and Renewable

Energy, Government of India, or a State Government, for aggregating the power
purchased from different Solar Power Generators for sale to distribution
licensee(s)/consuming entities/open access consumers.

“Joint Control” shall refer to a situation where control is equally distributed among
the interested parties.
"Paid-up share capital" shall mean Paid-up share capital as defined in Section-2 of

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

the Companies Act, 2013.

“Lead Member of the Bidding Consortium” or “Lead Member”: There shall be only
one Lead Member, having the shareholding more than 50% in the Bidding Consortium
and cannot be changed till 3 year of the Commercial Operation Date (COD) of the
Project;

“Letter of Award” or “LOA” shall mean the letter issued by NTPC Ltd (NTPC) to the
Selected Bidder for award of the Project for Contracted Capacity.

“Member in a Bidding Consortium” or “Member” shall mean each Company in a

Bidding Consortium. In case of a Technology Partner being a member in the
Consortium, it has to be a Company.

“Month” shall mean a period of thirty (30) days from (and excluding) the date of the
event, where specified, else a calendar month;
“Parent” shall mean a Company, which holds not less than 51% equity either directly
or indirectly in the Project Company or a Member in a Consortium developing the
Project;
“Part Commencement of Supply of Power” Part Commencement of Supply of
Power from the Project will be considered if all equipment as per acceptable project
capacity less than contracted project capacity has been installed and energy has flown
into grid.

“PPA” shall mean the Power Purchase Agreement signed between the
successful Bidder and NTPC according to the terms and conditions of the
standard PPA enclosed with this RfS.
“PSA” shall mean the Power Sale Agreement signed between NTPC and End procurer
according to the terms and conditions of the standard PSA enclosed with this RfS
“Procurer” as the context may require, shall mean the distribution licensees, or the
Authorized Representative(s), or an Intermediary Procurer.
“Project” shall mean the solar power generation facility of rated Installed Capacity.
Project is defined by separate points of injection into the grid at interconnection point/
delivery point/ metering point at CTU substation. Each project must also have separate
boundary, control systems and metering. This includes all units and auxiliaries such
as water supply, treatment or storage facilities; bay/s for transmission system in the
switchyard, and all the other assets, buildings/structures, equipments, plant and
machinery, facilities and related assets required for the efficient and economic
operation of the power generation facility whether completed or at any stage of
development and construction or intended to be developed and constructed for the
purpose of supply of power as per the Power Purchase Agreement.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

“Project Capacity” shall mean the maximum AC capacity at the delivery point
that can be scheduled on which the Power Purchase Agreement shall be signed.

"Project Company” shall mean the Company incorporated by the Bidder as per The
Companies Act, 1956or the Companies Act, 2013 as applicable;
“Project Commissioning” the Project will be considered as commissioned if all
equipment as per rated project capacity has been installed and energy has flown into
grid;
'Project Financing Arrangements” shall mean arrangement of necessary funds by
the Project Generator either by way of commitment of funds by the company from
internal resources and/or tie up of funds through a bank / financial institution by way of
sanction of a loan;
“Project Developer” or “Developer” or “Solar Power Developer (SPD)” shall
mean the Bidding Company or a Bidding Consortium participating in the bid and having
been selected and allocated a Project capacity by NTPC (through a competitive bidding
process), including the SPV formed by the selected bidder/ consortium for the purpose
of setting up of the Project and signing of PPA with NTPC.
“POOLING SUBSTATION/POOLING POINT” shall mean a point where more than
one Project may connect to a common Transmission System. Multiple Projects can be
connected to a pooling substation from where common transmission system shall be
constructed and maintained by the SPG to get connected to the ISTS substation. The
voltage level for such common line shall be 220 kV or above. Further, the metering of
the pooled power shall be done at the injection point, i.e. the ISTS substation. However,
the voltage level of transmission system of individual projects up to the pooling
substation may be at 33 kV and above. Sub-meters shall be installed at the pooling
substation for metering and forecasting and scheduling of individual Projects. The
losses in the common transmission system up to the injection point shall be
apportioned to the individual Projects for the purpose of billing.
“RfS” or “RfS Document” or “Bidding Document(s)” or “Tender Documents”
shall mean the “Request for Selection” document issued by NTPC including standard
Power Purchase Agreement and standard Power Sale Agreement along with
subsequent clarifications and amendments thereof, vide RfS No.: NTPC/RE-CS/2024-
25/Solar-01 dated 17.06.2024.
“Scheduled Commencement-of-Supply Date (SCSD)” Scheduled Commencement-
of-Supply Date (SCSD) in relation to the contracted capacity shall mean the date
corresponding to the date of commencement of supply as indicated in the RfS.
Scheduled Commencement of Supply Date (SCSD) shall be 24 (Twenty Four) months
from the Effective Date of PPA.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

“Selected Bidder or Successful Bidder” shall mean the Bidder selected pursuant to
this RfS to set up the Project and supply electrical output as per the terms of PPA;

“Solar Power Generator (SPG) or Generator ” shall refer to a generator and supplier
of solar power with or without energy storage system. Further, The term “Solar Power
Developer (SPD)” where ever used in RfS/PPA/PSA documents shall have same
meaning as Solar Power Generator (SPG).

“Solar PV Project” Solar PV Project” shall mean the Solar Photo Voltaic power project
/ Generating Systems with or without Energy Storage Systems (ESS), as the case may
be. It is clarified that ESS charged using a source other than solar power would not
qualify as solar power
“STU or State Transmission Utility” shall mean the Board or the Government
Company notified by the respective State Government under Sub-Section 1 of Section
39 of the Electricity Act 2003;

“Trading Margin” Shall mean margin payable towards the services provided by NTPC
for sale of solar power to Discom(s) or any other entity, which shall be Rs 0.07/kWh
payable by the End Procurer to NTPC;

“Ultimate Parent” shall mean a company, which owns not less than fifty one percent
(51%) of paid up share capital either directly or indirectly in the Parent and Affiliates.

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Section 3

Information
and
Instructions to Bidders

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Section 3

3.0 INFORMATION AND INSTRUCTIONS TO BIDDERS

Cost of RfS Documents is INR 22,500 (Indian Rupees Twenty Two Thousand
Five Hundred only).
RfS document is available for download, free of cost from the web-site of ETS at
https://www.bharat-electronictender.com. A link of the same is also available at
www.ntpctender.com. However, official copy of RfS document can be downloaded
only after submission of the cost of RfS document as mentioned above. The cost of
the RfS documents is required to be submitted along with GSTIN and Organization
ID registered with ETS portal in the manner specified below. After registration, a
complete set of RfS Documents may be downloaded by any interested Bidder from
Portal https://www.bharat-electronictender.com with Tender Search Code NTPC-
2024-TN000008 free of cost. Interested parties are required to ensure that they have
downloaded the official copy of RfS documents against Tender Search code- NTPC-
2024-TN000008 from above mentioned website without which they will not be able to
submit their bids. For technical assistance call ETS Helpdesk at +91 124-4229071,
+91 124-4229072.
Interested Bidders can pay for the cost of bidding documents as mentioned above in
the form of Electronic transfer/NEFT Payments in the following account details of
NTPC:

Account No. 52142904702

IFSC Code SBIN0020511
MICR 110002658
Name of the Bank State Bank of India
Branch Code 20511
Address Scope Complex Lodhi Road Branch, Ground Floor, Core-6 Scope
Complex, Delhi-110003

While carrying out online transfer, Bidders shall ensure to enter “Tender Fee -Tender
No-Bidder Name” in the Text / Remarks / Reason field. Bidder shall intimate the
details of same through email to Employer as mentioned below requesting for access
for download of the bidding documents in working hours between Monday to Friday.

Bidder shall intimate the details of same through email to Employer and also upload
the details on ETS portal (Technical Bid Part) in the following format:

Tender Search Code:

Bidder Name:

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

ETS Portal Organization ID:

UTR Reference:
Amount:
Date of Transfer:
Transferor Bank:

(Signature of Bidder with Seal)

Note: - Interested bidders have to download the OFFICIAL COPY of RfS & other
documents (Refer Annexure–4) after login into the ETS website by using the Login ID
& Password provided by ETS during registration. If RfS documents are downloaded
from ETS portal without confirmation or without generating official copy serial number,
then the bidders will not be able to submit the bids. For further assistance, please
contact ETS helpdesk at +91 124-4229071, 124-4229072.

Transfer of RfS documents downloaded by one intending bidder to another is

not permitted.

MSEs (Micro and Small Enterprises) having UDYAM registration only are exempted
from submission of Cost of RfS Document, Processing Fee & Earnest Money Deposit
(EMD). For a Consortium to be eligible for exemption from submission of Cost of RfS
document, Processing Fee & Earnest Money Deposit, all the members of the
Consortium shall be registered as MSE.

3.1 Total Capacity Offered

ISTS connected Solar PV Power Projects for aggregate capacity of 1200 MW.
Selection of Solar Power Generators (SPGs) will be carried out through e-bidding
process. The projects will be setup on the land to be identified & arranged by the
bidders anywhere in India.
The interested Power Generators are required to participate in the Request for
Selection (RfS) for setting up Grid-connected Solar Photovoltaic Power Plants on
Build-Own-Operate (B-O-O) basis.

3.1.1 NTPC invites the bidders to participate in the RfS for development of Solar Power
Projects (SPPs). The Solar projects already under construction or yet to be
commissioned or commissioned but selling solar power on short term merchant basis
may also be considered for the selection under this tender subject to the condition
that these projects have not been accepted under any State or Central Scheme and
also do not have obligation to sell the power to any beneficiaries and they are in

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compliance with provisions of this RfS documents. In such case they will be given the
benefit for a longer period of PPA, commensurate to the duration between the actual
date of commencement of supply of power and schedule commencement of supply
date (SCSD). A partial capacity of solar PV Power Plants for which PPA has not
been signed can also be offered by the bidder subject to meeting minimum offered
capacity requirement of 50 MW.

3.2 Capacity of each Project

Under this RfS, The minimum bid capacity shall be 50 MW and in multiples of 10
MW thereafter. The minimum quantum of contracted capacity of each Project shall
be 50 MW and the aggregate capacity of solar projects selected through this RfS will
be 1200MW. The maximum capacity to be allotted to a single bidder including its
Parent, Affiliate or Ultimate Parent or any Group Company shall be 600 MW (50% of
the bid capacity). Project Capacity in MW is the installed contracted Capacity of the
Power Project / Maximum Power Output (AC) from the Solar Power Project which
can be scheduled at the Delivery Point / Inter-Connection point during any time block
of the day. A bidder can offer projects at multiple location subject to each project has
minimum capacity of 50 MW. However, Bidder shall quote a single tariff for entire
of its projects’ capacity offered.

3.3 Processing Fees

Prospective bidders interested to participate in the bidding process are required to
submit their offer on-line on the website https://www.bharat-electronictender.com
along with a non-refundable processing fees through Electronic transfer/NEFT
Payments in the account of NTPC as per details in the following Para:

Cumulative Project capacity quoted Processing Fee

by bidder
50 MW Rs. 3 Lakh + Applicable GST@18%
Above 50 MW up to 100 MW Rs. 5 Lakh + Applicable GST@18%
Above 100 MW up to 250 MW Rs. 10 Lakh + Applicable GST@18%
Above 250 MW up to 500 MW Rs. 20 Lakh + Applicable GST@18%
Above 500 MW Rs. 30 Lakh + Applicable GST@18%

The copy of transfer receipt/electronic transfer receipt is to be submitted offline along

with other documents at NTPC-RE office at Greater NOIDA before last date and time
of submission of bids as per clause 3.12.4.1 of this RfS document.
A bidding Company/Consortium will be eligible to participate in the bidding process
only on submission of RfS along with the Processing Fee.

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The bidder is required to pay the Processing Fee including applicable GST which is
presently applicable @18%.
Details of NTPC Account for Electronic transfer/NEFT Payments against Processing
Fee as follows:

Account No. 52142904702

IFSC Code SBIN0020511
MICR 110002658
Name of the Bank State Bank of India
Branch Code 20511
Address Scope Complex Lodhi Road Branch, Ground Floor,
Core-6 Scope Complex, Delhi-110003

While carrying out online transfer, Bidders shall ensure to enter “Processing Fee –
RfS No-Bidder Name” in the Text / Remarks / Reason field. Bidder shall intimate the
details of payment of processing fees through email to Employer and also upload the
details on ETS portal (Technical Bid Part) in the following format:

Declaration for Payment of Processing Fees

Tender Search Code:

Bidder Name:
UTR Reference:
Amount:
Date of Transfer:
Transferor Bank:

(Signature of Bidder with Seal)

3.4 Critical Date Sheet for activities involved in the RfS (through e-bidding
Process):

Registration and Downloading of RfS From 24.06.2024 to 04.07.2024

document Date & Timing

Last date for receipt of queries on RfS On 05.07.2024 at 15:30 Hrs (IST)
from the prospective bidders and Pre-
bid Conference Date and time Online through MS Teams
Venue of Pre bid conference

Last date and Time for On 18.07.2024 at 14:00 Hrs (IST)

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a) on line submission of bid and

b) All documents as per Clause
3.15 physically at NTPC NETRA
office, Greater NOIDA

Technical Bid Opening Date & Time On 18.07.2024 at 14:30 Hrs (IST)
onwards
Financial Bid Opening Shall be intimated later

Date and time for start of Reverse Shall be Intimated separately by NTPC
Auction

Cost of RfS Documents in INR INR 22500/- (Indian Rupees Twenty Two
Thousand Five Hundred only)

3.5 Bidding for Solar Power Projects

Bidders may submit online response to Request for Selection (RfS) for setting up of
Grid-connected Solar PV Projects as per the terms & conditions of this RfS.

3.6 Location of Solar Project

3.6.1 The bidders are free to locate their Solar PV Project(s) anywhere in India on the land
to be identified and purchased/leased by the bidder.
3.6.2 The bidder shall indicate the proposed location of the projects at the time of bid
submission in Format-6.1. The SPGs are free to change the Project location and/or
Delivery Point upto the deadline for Financial Closure as per clause no.-3.27 of the
RfS. The above change in Delivery Point shall be allowed by NTPC only in case the
scheduled commissioning date of the ISTS-substation of the proposed revised
Delivery Point is on or before the scheduled commissioning date of the existing
Delivery Point of the Project, at the time of seeking approval from NTPC by the SPG.
Implications of any delay in obtaining connectivity and subsequently, commencement
of supply of power on account of the above, will be borne by the SPG.

3.7 Number of Response to RfS by a Company

3.7.1 Bidding Company, including its Parent, Affiliate or Ultimate Parent or any Group
Company shall submit one single application in the prescribed format detailing all
projects for which the bidder is submitting the application. Statement for the same is
to be submitted as per Format for Disclosure (Format – 6.8).

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3.8 QUALIFICATION REQUIREMENTS

A General Eligibility Criteria
A.1 Bidder shall be a Company as defined.
A.2 Bidding Consortium with one of the Companies as Lead member. Consortium
shortlisted and selected based on this RfS has to necessarily form a Project Company
and get it registered under the Companies Act, 2013 prior to signing of PPA, keeping
the original shareholding of the Bidding Consortium unchanged. In case applications
for multiple Projects have been made by a Consortium, separate Project Companies
can be formed for each Project. For the avoidance of doubt, it is hereby clarified that
the shareholding pattern of the Project Company shall be the identical to the
shareholding pattern of the Consortium as indicated in the Consortium Agreement.
A.3 A foreign company can also participate on standalone basis or as a member of
consortium at the RfS stage. In case of foreign company participating on standalone
basis and its selection as successful Bidder, it has to form a “Special Purpose Vehicle”
(SPV), i.e. an Indian Company registered under the Companies Act, 2013 as its
subsidiary Company, with atleast 51 % shareholding in the SPV, before signing of
PPA. In case a Foreign Company is selected as the successful Bidder, it shall comply
with all the laws and provisions related to Foreign Direct Investment in India.
In case the foreign company participating as a member of consortium, the clause no.
A.7 mentioned below shall be applicable.
A.4 In line with the O.M. issued by the Department of Expenditure, Ministry of Finance,
vide No. 7/10/2021-PPD(1) dated 23.02.2023 and subsequent amendments and
clarifications thereto, the Bidder shall meet the following criteria for its bid to be
considered for evaluation under the RfS.

(i) Any Bidder from a country which shares a land border with India will be eligible to
bid in this tender only if the bidder is registered with the Competent Authority (as
defined in the OM as referred above).
(ii) Any Bidder (including an Indian Bidder) who has a Specified Transfer of
Technology (ToT) arrangement with an entity from a country which shares a land
border with India will be eligible to participate in this RfS only if the Bidder is registered
with the Competent Authority under the referred OM.
(iii) “Bidder” in this reference, means any person or firm or company, including any
member of a consortium, every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency branch or office
controlled by such person, participating in this tender.
(iv) “Bidder from a country which shares a land border with India” for the purpose of
this clause, means:
a. An entity incorporated, established or registered in such a country;
or
b. A subsidiary of an entity incorporated, established or registered in
such a country; or

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c. An entity substantially controlled through entities incorporated,

established or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium where any member of the consortium falls under any
of the above.
(v) “Beneficial owner” for the purposes of Clause A.4 (iii & iv) above will be as
defined in the referred OM, including subsequent amendments and clarifications
thereto.
(vi) In support of the above, the Bidder shall be required to submit necessary
Undertaking, as per Format 6.11 of the RfS.
(vii) Other provisions of the referred OM dated 23.02.2023, except Sl. 17 of the
OM, will also be applicable for this tender. Any interpretation of the above clauses will
be made in line with the referred OM, including subsequent amendments and
clarifications thereto.
A.5 Limited Liability Partnership (LLPs) are not eligible for participation.
A.6 A Bidder which has been selected as Successful Bidder based on this RfS can also
execute the Project through a Special Purpose Vehicle (SPV) i.e. a Project Company
especially incorporated/acquired as a subsidiary Company of the successful bidder
for setting up of the Project, with atleast 51% shareholding in the SPV which has to
be registered under the Indian Companies Act, 2013, before signing of PPA. Multiple
SPVs may also be utilized for executing more than one Project.
A.7 Any consortium, if selected as Successful Bidder for the purpose of supply of power
to NTPC, shall incorporate a Project company with equity participation by the
Members in line with consortium agreement (to be submitted along with the response
to RfS) before signing of PPA with NTPC, i.e. the Project Company incorporated shall
have the same shareholding pattern as that indicated in the Consortium Agreement
given at the time of submission of response to RfS. This shall not change till the
signing of PPA and the Controlling Shareholding (held by the Lead Member holding
not less than 51% of the voting rights and paid up share capital) shall not change
from submission deadline of response to RfS up to one year after the SCSD of the
Project. Transfer of controlling shareholding within the same group of companies will
however be allowed after SCSD with the permission of NTPC, subject to the condition
that, the management control remains within the same group of companies.
A.8 The Bidder or any of its Affiliates should not be a willful defaulter to any lender, and
the Bidder & any of its Affiliate including any Consortium Member & any of its Affiliate,
their directors should not have been barred or included in the blacklist by any
Government Agency or Authority in India, the Government of the jurisdiction of the
Bidder or Members where they are incorporated or the jurisdiction of their principal
place of business, any international financial institution such as the World Bank
Group, Asian Development Bank, African Development Bank, Inter-American
Development Bank, Asian Infrastructure Investment Bank etc or the United Nations

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or any of its agencies. The Bidder shall submit an undertaking to this effect as per
format 6.6 A of the RfS.
A.9 For avoidance of doubt, it is clarified that the fully owned subsidiary Company as
mentioned in Clauses 3.8 A3 and A6 above should be an immediate subsidiary of the
bidder, without any intermediaries involved. The following illustrations are provided to
clarify the same

Scenario 1:

Bidder

Min. 51% shareholding

Entity A (Project Company/SPV)

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Scenario 2:

Bidder

Min. 51% (or any other %age) shareholding

Entity A (Intermediary)

Min. 51% shareholding

Entity B (Project Company/SPV)

As per the RfS conditions, only Scenario 1 is permissible in case of projects being
implemented by SPVs.

B Technical Eligibility Criteria

B.1 Under this RfS, it is proposed to promote only commercially established and
operational technologies to minimize the technology risk and to achieve timely
commencement of power supply from the Projects. The Bidder may indicate
regarding the selection of technology and its details at the time of submission of bids
in the prescribed Format 6.9 of RfS.

B.2 The Bidder is required to undertake to meet the above criteria in the prescribed
Format 6.7 of RfS.

B.3 Detailed technical parameters for Solar PV Component of a Project to be met by

SPGs are at Annexure-1. The Bidders shall strictly comply with the technical
parameters detailed in the Annexure-1. Further, the provisions as contained in the
O.M. dated 10.03.2021 issued by MNRE on the subject “Approved Models and
Manufacturers of Solar Photovoltaic Modules (Requirement of Compulsory
Registration) Order, 2019- Implementation-Reg.” and its subsequent amendments
and clarifications issued until the bid submission deadline, shall be applicable for this
RfS. The modules used in the Projects under this RfS should have been included in
the List-I under the above Order, valid as on the date of invoicing of such modules.

B.4 The bidders are advised to take cognizance of the O.M. dated 09.03.2021 issued by
MNRE, on the subject of “Imposition of Basic Customs Duty (BCD) on Solar Cells &
Modules/Panels”, while preparation of their response to this RfS. The above O.M.
and its associated orders issued by the Ministry of Finance will be applicable on this
tender and imposition of taxes/duties as laid out in the above OM, will not be
considered under “Change in Law” under the PPA.

B.5 The Projects shall also comply with the criteria for power supply as detailed in the

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RfS.

C FINANCIAL ELIGIBILITY CRITERIA

C.1 NET-WORTH

a. The Net Worth of the Bidder as on the last day of the preceding financial year or as
on the day at least 7 days prior to the date of technical bid opening should be equal
to or greater than INR 1.158 Crores/MW (INR 1,15,80,000/MW) of the quoted
capacity.

b. The net worth to be considered for the above purpose will be the cumulative net-
worth of the Bidding Company or Consortium together with the Net Worth of those
Affiliates of the Bidder(s) that undertake to contribute the required equity funding and
performance bank guarantees in case the Bidder(s) fail to do so in accordance with
the RfS.

c. Net Worth to be considered for this clause shall be the total Net Worth as calculated
in accordance with the Companies Act, 2013 and any further amendments thereto.

C.2 LIQUIDITY

In order to ascertain that the Bidder has sufficient means to manage the fund
requirements for the Project, the Bidder shall be required to demonstrate at least one
of the following parameters:

a. A minimum annual turnover of INR 35.02 Lakhs/ MW (INR 35,02,000/MW) of the

quoted capacity during the preceding financial year or as on the day at least 7 days
prior to the date of technical bid opening. It is hereby clarified that “Other Income” as
indicated in the annual accounts of the Bidder shall not be considered for arriving at
the annual turnover.

b. Internal resource generation capability, in the form of Profit Before Depreciation

Interest and Taxes (PBDIT) for a minimum amount of INR 7.004 Lakhs/ MW (INR
7,00,400/MW) of the quoted capacity, as on the last date of preceding financial year
or as on the day at least 7 days prior to the date of technical bid opening.

c. In-principle sanction letter from the lending institutions/ banks of the Bidder,
committing a Line of Credit for a minimum amount of INR 8.755 Lakhs/MW (INR

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8,75,500/MW) of the quoted capacity, towards meeting the working capital

requirement of the project quoted under this RfS. Such letter can also be obtained by
the Affiliate(s) of the Bidder

C.3 The Bidder may seek qualification on the basis of financial capability of its Affiliate(s)
for the purpose of meeting the qualification requirements as per C.1 and C.2 above.
In case of the Bidder being a Bidding Consortium, any Member may seek qualification
on the basis of financial capability of its Affiliate(s). In such cases, the Bidder shall be
required to submit Board Resolutions from the respective Affiliate(s), undertaking to
contribute the required equity funding and Performance Bank Guarantees in case the
Bidder(s) fail to do so in accordance with the RfS. In case of non-availability of the
Board Resolution as required above, a letter from the CEO/ Managing Director of the
respective Affiliate(s), undertaking the above, shall be required to be submitted and
the requisite Board Resolution from the Affiliate(s) shall be required to be submitted
prior to signing of PPA.

C.4 For the purposes of meeting financial requirements, only latest unconsolidated
audited annual accounts shall be used. However, audited consolidated annual
accounts of the Bidder may be used for the purpose of financial requirements
provided the Bidder has at least twenty six percent (26%) equity in each Company
whose accounts are merged in the audited consolidated account.

C.5 A Company/ Consortium would be required to submit annual audited accounts for the
preceding financial year or as on the day at least 7 days prior to the date of technical
bid opening, along with net worth, annual turnover and PBDIT certificate (as
applicable) from a practicing Chartered Accountant/ Statutory Auditor to demonstrate
fulfillment of the criteria. In case of foreign companies, the Bidders shall be required
to submit the annual audited accounts for the last respective financial year as per the
general norm in the country where the Bidder or its Affiliate(s) is/ are located, or
provisional accounts as on the day at least 7 days prior to the date of technical bid
opening.

Note: In case of foreign Bidders, in the event the Bidder is unable to furnish the audited
annual accounts for the previous financial year as per the prevalent norm in the
respective country, the Bidder shall submit the annual audited accounts of the last
financial year for which the audited accounts are available. This, however, would be
acceptable, subject to the condition that the last date of response to this RfS falls on or
within the deadline for completion of audit of annual accounts of companies, as
stipulated by the laws/rules of the respective country, and the Bidder shall submit the
corresponding documentary evidence against the same. In case the annual accounts or
provisional accounts as on the day at least 7 days prior to the bid submission deadline,
are submitted in a language other than English, a certified English translation from an
approved translator shall be required to be submitted by the Bidder.

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C.6 For meeting the above financial eligibility criteria, if the data is provided by the Bidder
in a foreign currency, equivalent Indian Rupees of Net Worth and other financial
parameters will be calculated by the Bidder using Reserve Bank of India’s reference
rates prevailing on the date of closing of the accounts for the respective financial year.

C.7 In case of any currency for which RBI reference rate is not available, Bidders shall
convert such currency into USD as per the exchange rates certified by their banker
prevailing on the relevant date and used for such conversion. After such conversion,
Bidder shall follow the procedure/ submit document as elaborated in Clause C.6
above.

C.8 In case the response to RfS is submitted by a Consortium, then the financial
requirement (both the Net-Worth and Liquidity requirements) to be met by each
Member of the Consortium shall be computed in proportion to the equity commitment
made by each of them in the Project Company.

For example, if two companies A and B form a Consortium with equity participation in
70:30 ratio and submit their bid for a capacity of 100 MW, then, total Net-Worth to be
met by the Consortium is Rs. 115.8 Lakhs x 100 MW = Rs. 115.8 Crores. Minimum
requirement of Net-Worth to be met by Member A would be Rs. 81.06 Crores and to be
met by Member B would be Rs. 34.74 Crores. Similar methodology shall be followed for
computation of Liquidity requirement.

Note: Wherever applicable, audited accounts for the preceding Financial Year as on date
of technical bid opening will be required to be submitted for meeting the qualification
requirements. In case where audited results for the last financial year as on date of
technical bid opening are not available, the financial results certified by a practicing
Chartered Accountant shall be considered acceptable. In case the Bidder is not able to
submit the Certificate from a practicing Chartered Accountant certifying its financial
parameters, then, audited annual accounts of Financial Year preceding the last Financial
Year can be considered. Further, a certificate would be required from the CEO/CFO as
per the format enclosed in the bidding documents stating that the financial results of the
company are under audit as on the date of technical bid opening and the Certificate from
a practicing Chartered Accountant certifying the financial parameters is not available.

3.9 Connectivity with the Grid

3.9.1 Connectivity with the Grid

i. The Project should be designed for interconnection with the ISTS in accordance with the
prevailing CERC regulations in this regard. For interconnection with the grid and metering,

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the SPG shall abide by the applicable Grid Code, Grid Connectivity Standards, Regulations
on Communication System for transmission of electricity and other regulations/procedures
(as amended from time to time) issued by Appropriate Commissions and Central Electricity
Authority (CEA). Minimum voltage level for interconnection at the ISTS shall be 220 KV.

ii. The responsibility of getting the ISTS connectivity shall entirely be of the SPG and shall
be at the cost of the SPG, in line with applicable regulations. With such availability of
transmission system being dynamic in nature, the Bidder has to ensure actual availability
of power injection/evacuation capacity at an ISTS substation. The transmission of power
up to the point of interconnection where metering is done for energy accounting, shall be
the responsibility of the SPG at its own cost. In case an SPG is required to use InSTS to
bring RE power at ISTS point, it may do so as per rule and regulations prescribed by the
respective SERC in this regard. The maintenance of transmission system up to the
Interconnection Point(s) shall be responsibility of the SPG, to be undertaken entirely at its
cost and expense.

iii. The arrangement of connectivity can be made by the SPG through a dedicated
transmission line upto the Interconnection Point. The Metering Points, which are the points
at which energy supplied to the Procurer shall be measured, shall be the low voltage side
of the CTU/ STU substation at which power is injected in the transmission system of CTU
/ STU. The entire cost of transmission including cost of construction of line, providing
reactive power compensator etc. in line with the Working Committee Report (July 2022) of
CEA, wheeling charges, SLDC/Scheduling charges, SOC, MOC, maintenance, losses etc.
and any other charges from the Project up to and including at the Interconnection Point
shall be paid by the SPGs without any reimbursement by the Procurer. All expenses
including transmission / wheeling charges (if any) and losses in relation to the transmission
and distribution beyond the Metering Point shall be borne by the Procurer(s) as per the
regulation notified by the Appropriate Commission from time to time.

iv. The SPG shall be required to follow the Detailed Procedure as issued by CERC/CTU
under the General Network Access under the Central Electricity Regulatory Commission
(Connectivity and General Network Access to the Inter-State Transmission System)
Regulations, 2022. Solar PV Power Project shall comply with all the technical requirements
specified under Central Electricity Authority (Technical Standards for Connectivity to the
Grid) Regulations, 2007, including subsequent amendment and clarifications issued
thereto, as well as other Rules/Regulations issued by CERC/CEA and as amended from
time to time. It is further clarified that the Entities (SPG and End Procurer) as indicated in
the procedure issued under the above Rules/Regulations, will be responsible for their
respective obligation as notified in the procedure, irrespective of the provisions of the RfS,
PPA and PSA. The Projects shall also comply with the Central Electricity Authority
(Measures relating to Safety and Electric Supply) Regulations, including subsequent
amendments and clarifications issued thereto.

v. The Bidders are free to choose the ISTS substations for Interconnection of the Project to
the Grid on a pan-India basis. While doing so, the Bidders shall apply due diligence while
choosing the proposed substation, and may choose their substations from any one of the
following options:

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a. Existing substations having available margin as indicated by the respective substation

owner.
b. Existing substations/ substations under construction where augmentation is under
process or plans for augmentation have been announced.
c. Substations approved under the updated plan made available by the CTU on its website,
https://www.ctuil.in/renewable-energy, subject to availability of requisite margin for grant of
connectivity.
Bids indicating substations outside the above three choices will be liable for rejection.

vi. Metering arrangement of each Project shall have to be adhered to in line with relevant
clause of the PPA. Two or more Projects can be connected to a common pooling substation
from which the pooled power can be transferred to the ISTS substation through a common
transmission line subject to the following conditions:
a. Acceptance of such an arrangement by CTU/ RLDC.
b. Energy injected by each Project will be recorded and jointly signed by respective SPGs
and copies of the same will be submitted to NTPC/CTU as required.

c. The energy accounts are divided and clearly demarcated for the power supplied by the
Project and are issued by the STU/SLDC/RLDC/RPC concerned.

d. In case of Pooling substation, losses in the transmission line between the Pooling
substation and the ISTS substation, shall be apportioned among the SPGs who share such
a Pooling arrangement, based on their monthly generation.

vii. The SPG shall comply with CERC/SERC regulations on Forecasting, Scheduling and
Deviation Settlement, as applicable and are responsible for all liabilities related to
Connectivity. The scheduling of power from the Project as per the applicable regulation
shall be the responsibility of the SPG and any financial implication on account thereof shall
be borne by the SPG. In order to remove potential discrepancies and ambiguities, the
SPGs are hereby instructed that, as part of scheduling of power from the Project, they will
be required to punch-in their respective schedules and subsequent revisions, by
themselves, at the interfaces of all the RLDCs concerned for the corridor of power flow,
including the RLDC of the Buying Entities, as per the Regulations in force, under intimation
to NTPC.
NTPC may facilitate in identification of any discrepancy and assist the SPG for its early
rectification without any liability on NTPC. The SPG shall be solely responsible
fordiscrepancy identification and its rectification to avoid any rejection/less payment of
invoices.

viii. Reactive power charges and charges against power drawn from grid as per
CERC/SERC regulations, shall be payable by SPG as per provisions of PPA. Metering
arrangement for the Project shall have to be adhered to in line with relevant provisions of
the PPA.

ix. Pursuant to Clause (v) above, the Buying Entities will be responsible for obtaining
General Network Access (GNA), all transmission charges and losses and any other

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charges as applicable under the respective regulations beyond the Delivery Point and up
to the drawl point.

x. The SPGs will be required to apply for connectivity at its identified substation(s), as
mentioned in the Covering Letter (Format 6.1), within 30 days after the Effective Date of
PPA, and shall furnish copies of the application, complete in all respect, to NTPC within
15days of date of filing of application. SPG shall also have to provide the copy of in-
principle grant of connectivity, final grant of connectivity, connectivity agreement within 15
days of issuance of letter by CTU / signing of connectivity agreement, as the case may be,
to NTPC.

xi. The SPG has to follow the timelines mentioned in the GNA regulation with respect to
connectivity. In case, connectivity has been revoked due to non-compliance of SPG, then
the same may be considered as SPG’s Event of Default and shall be dealt as per the
provision of PPA. In case the SPG fails to obtain the full/part connectivity at a Substation
identified by the Bidder, after fulfilling the compliances, the same shall be immediately
notified by the SPG to NTPC. In such case the SPG will be allowed for another 30 days for
applying connectivity from the date of rejection by the CTU.

xii. ISTS charges on transmission of power, including waiver for RE power, shall be
applicable as per extant regulations. Government of India, from time to time, issues order
for waiver of inter-state transmission system (ISTS) charges on transmission of RE power
till a certain date.

xiii. The Central Electricity Regulatory Commission (Sharing of Inter-State Transmission

Charges and Losses) (First Amendment) Regulations, 2023 dated 07.02.2023, and
subsequent amendments and clarifications thereto provides graded waiver on ISTS charges
for the projects commissioned (CoD) up to 30.06.2028. In case the project gets
commissioned as per the timelines, the transmission charges (as per grading or otherwise)
shall be borne by the “End Procurer(s)” or “Buying Utility” or “Discoms”. NTPC shall bear no
liability with respect to transmission charges levied, if any.

3.10 Capacity Utilization Factor (CUF)

The Bidders will declare the annual Capacity Utilisation Factor (CUF) of
the Projects at the time of submission of response to RfS. The SPGs will
be allowed to revise the same once within one year after SCSD.
Thereafter, the CUF for the Project shall remain unchanged for the entire
term of the PPA. The declared/revised annual CUF shall in no case be
less than 21%. Calculation of CUF will be on yearly basis from 1st April of
the year to 31st March of next year. SPG shall maintain energy supply so
as to achieve annual supply corresponding to annual CUF not less than
90% of the declared/revised value (i.e. Minimum CUF) and not more than
120% of the declared/revised CUF value (i.e. Maximum CUF), during the
PPA duration of 25 years. The lower limit will, however, be relaxable by

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NTPC to the extent of non-availability of grid for evacuation which is

beyond the control of the SPG.

For the first year of operation of the Project, the annual CUF shall be calculated
for the complete calendar year after SCSD of the Project. Subsequently,
calculation of CUF will be done every year from 1st April of the year to 31st March
of next year. Similarly, for the last year of operation of the Project, the annual
CUF shall be calculated for the complete calendar year before the expiry of the
PPA. In case the project generates and supplies energy less than the energy
corresponding to the minimum CUF, the SPG will be liable to pay to the Procurer,
penalty for the shortfall in availability below such contracted CUF level. The
amount of such penalty will be calculated one and half times of the PPA tariff for
the shortfall in energy terms, in accordance with the terms of the PPA.

In case of availability of energy more than the maximum CUF specified, SPG will
be free to sell it to any other entity provided first right of refusal will vest with
Procurer(s). In case NTPC purchases the excess generation, the same may be
purchased at PPA tariff. SPG shall make a written request at least 3 (three)
months in advance for procurement of such anticipated excess power at the
applicable tariff. Excess power beyond the contracted capacity specified in PPA
can be sold to any other entity by the SPG if NTPC/End Procurer does not accord
written consent to purchase such power within 1 (one) month of receipt of the
written request from the SPG.

The SPG may also sell the power which was offered on day ahead basis to the
procurer(s) (within maximum CUF) but not scheduled by the Procurer(s), to any
third party or power exchange without requiring NOC from the Procurer(s).

3.11 Short-listing of Bidders for Opening of Financial Bids

NTPC shall evaluate only those responses to RfS, which are submitted on-line on the
earmarked website by the due date and time. The responses will be evaluated based
on the Qualification Requirement and all the responses meeting the Qualification
Requirements shall be considered for opening of their Financial Bid (first round tariff
bid).

3.12 Selection of Solar Power Generators

3.12.1 This sub-clause is not in use.

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3.12.2 The bidders will have to submit bids quoting a fixed levellised tariff for entire
project duration of 25 years. This will be the “First Round Tariff Bid” of the Bidder
after which the shortlisted bidders shall be invited for the Reverse Bid Auction.

3.12.3 This sub-clause is not in use.

3.12.4 Methodology for Selection of Solar Project Generators (SPGs): -
The methodology to be adopted for selection of SPGs is mentioned below:
3.12.4.1 All the bidders will be required to submit online bids (e-bids) on the electronic
platform of ETS. The bidders will be shortlisted by ‘Single Stage – Two Envelope’
bidding process followed by reverse auction among shortlisted bidders.
Documents to be submitted Offline
Following documents are to be submitted offline in a sealed envelope at NTPC-
RE office at NETRA Building, Greater NOIDA on or before the end date and time
of bid submission: -
i. Instrument towards Processing Fee;
ii. Bank Guarantee towards EMD (in original) as per Clause 3.24 (i);
iii. Certified True Copy of Board Resolution from the Bidding Company or the Lead
Member of the Consortium, as the case may be, in favour of the person signing
the response to RfS;
iv. Pass-phrase of Technical and Financial Bids each sealed in separate envelopes.
In case aforesaid documents are not submitted before the end date and time of
bid submission then bid shall be rejected and returned unopened.
First Envelope (Technical Bid)
In the first envelope the bidders will be required to submit the documents related
to Qualifying Requirements and other required documents as mentioned at
clause 3.15.
Second Envelope (Financial Bid)
In the second envelope bidders will be required to submit “first round tariff bid".
Second Envelope (containing first round tariff bid) of only those bidders shall be
opened who are found to be technically qualified. After evaluation of technical
bid, if a bidder is found to be qualified for lower capacity of Projects than that
applied, the Price quoted by the bidder (i.e. first round tariff) in the Second
envelope will be considered valid for lower capacity of Projects and the bidder
will have to accept the lower capacity of projects than applied for, if found
successful after closing of Reverse Auction. However, if a bidder is found to be
qualified for less than 50 MW capacity as per qualifying requirement then they
shall be considered disqualified for this tender.
3.12.4.2 Reverse Auction
Intimation of Date and Time of Reverse Auction:

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At-least one week prior to reverse auction, an advance intimation regarding the
date and time of the reverse auction will be sent by email to all bidders whose
technical bids have been opened. However, from this advance intimation it shall
not be construed by the bidders that they have been short-listed for Reverse
Auction. Further at-least two hours before the schedule start time of reverse
auction, a system generated email for invitation for Reverse Auction will be sent
to all those bidders who have been short-listed based on the criteria mentioned
at clause 3.12.4.3. A separate email will also be issued by NTPC to shortlisted
bidders informing the start time of reverse auction along with capacity of projects
for which they are qualified.
Since the Reverse Auction will be conducted in a separate module at ETS
platform, the bidders will be required to assign the reverse auction to Marketing
Authority; complete all pre-requisite including payment of portal fee for
participating in Reverse Auction, if any, and configure their system for
participation in Reverse Auction in advance before commencement of Reverse
Auction. On E-Reverse Auction overview page, the bidders are advised in their
own interest to view their start price (which shall be same as their ‘first round
tariff’ and displayed in Bidder’s window as ‘My Financial Bid Price’) and the
capacity of Projects for which they have been considered qualified (which will be
displayed under Quantity). In case there is any discrepancy in the Start Price and
the ‘First Round Tariff’ of any bidder, the same shall be immediately intimated to
NTPC before start of Reverse Auction otherwise the Start Price will be
considered final and binding on that bidder. A wrong and misleading intimation
in this regard may lead to disqualification in further tendering process and award.
Short-listed bidders for Reverse Auction will be able to login into the ETS platform
of reverse action at least 15 minutes before the start time of reverse auction.
The bidders may note that the person who has been authorized to sign and
submit the bid at the time of submission of Technical and Financial bid may only
be authorized to participate in the Reverse Auction process on behalf of the
bidder as any price submitted by the bidder during the Reverse Auction will be
considered final and binding on that bidder as if it had been submitted initially in
the Financial bid without requiring any further authentication from the bidder.

3.12.4.3 Ranking and Short-listing of bidders for Reverse Auction:

All those bidders who are found to be technically qualified, will be ranked
according to the quoted first round tariff bid, with highest ranking (Rank 1) to that
bidder who has quoted the lowest first round tariff bid and so on.
If the first round tariff bid is same for two or more bidders, then the bidder with
higher net worth shall be given higher ranking. In case the net worth of bidders
are also same, then relative ranking shall be decided through draw of lots.

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Out of all qualified bidders, short-listing will be done for Reverse Auction as under:

A. When cumulative capacity of technically qualified bidders > 1500 MW

All the qualified bidders shall be invited for Reverse Auction other than the lowest
ranked bidder based on First Round Tariff bid i.e. the bidder quoting the highest
first round tariff (i.e. H1) subject to the condition that after removal of H1 bidder,
the cumulative capacity remains greater than 1500 MW. In case, after removal of
H1 bidder, the cumulative capacity of technically qualified bidders becomes less
than or equal to 1500 MW then all the technically qualified bidders will participate
in reverse auction.

B. When cumulative capacity of technically qualified bidders <= 1500 MW

All the technically qualified bidders will be shortlisted for Reverse Auction.
However, in such case the offered capacity for award by NTPC as per Clause 3.1
shall stand reduced to 80% of the cumulative capacity of technically qualified
bidders.
3.12.4.3.1 For the purpose of determination of the lowest Ranked bidder, if there is a tie
among two or more bidders based on First Round Tariff Bid, the bidder with the
lowest net worth among these bidders will be considered having lowest rank than
the other bidder(s).
At the start of the reverse auction process, the first round tariff bid along with the
qualified capacity of Project(s) (lower of the applied capacity of projects or
technically qualified for as per Financial criteria) of short-listed bidders shall be
fed as their first quoted tariff and Project(s). The minimum decrement value for
Reverse Auction is 0.01 INR i.e. one paisa.
Bidders can quote any value lower than their quoted tariff. However, no upward
revision of quoted tariff will be allowed. Bidders can improve their ranking by
quoting the tariff lower than their last quoted tariff by any number of decrements.
Further, in Reverse Auction no revision in capacity of Project(s) for which a bidder
is considered qualified after evaluation of technical bid is allowed. The bidder
shall not have the option of changing the capacity of projects while quoting tariff.

The initial auction period will be of one (01) hour with a provision of auto extension
by 08 (eight) minutes from the scheduled/ extended closing time. Such auto
extension shall be effected if by way of reduction in tariff, a Bidder causes a
change in its zonal placement at that instant. At any stage of e-reverse auction
process, the capacity quoted by the bidders will be categorized in following
zones.

(a) Green Zone: This zone consists of the Bidders who may be allocated their full
quoted Project capacity if the auction is closed at that instant.

(b) Yellow Zone: This zone consists of the Bidders who may be allocated a part of
their full quoted Project capacity if the auction is closed at that instant.

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(c) Red Zone: This zone consists of the Bidders who will not be awarded their quoted
Project capacity if the auction is closed at that instant.
In addition to above, if tariff is reduced by a bidder who is already in Green or
Yellow Zone, in that case also the auto extension of reverse auction closing time
shall be effected.

If no such change as described above is effected during the last 08 minutes of

auction period or extended auction period, then the reverse auction process will
automatically get closed.
During the reverse auction, the following information will be displayed in the
bidder’s bidding window:
1. His First Round Tariff Bid as their Start Price initially and there after last
quoted price and capacity of Projects for which he is qualified,
2. The list of last quoted price (i.e., Last Bid Value) along with qualified capacity
of projects of all bidders with their Pseudo Identities and their time of quote.
3.12.4.4 Selection of Successful Bidders
After the reverse auction is closed, bucket filling will be done based on the ranking of
bidders and capacity of qualified Projects. The lowest quoting bidder will be allotted
its qualified capacity of Project(s) and then, next higher bidder will be allotted its
qualified capacity of Project(s) and so on, at their respective last quoted tariff till the
offered capacity of Projects is fully allotted.
However, the allocation under the RfS will only be made to the bidders whose final
price bid after reverse auction falls within a range of (and including) the lowest tariff
+ 2% of L1 tariff (hereinafter referred as the Range).
In case of tie among two or more bidders (i.e. their last quoted tariff being same), the
resolution shall be done as under:
i) The First Criterion shall be the time stamping of last tariff bid. The preference shall
be given to that bidder who has quoted its last tariff bid earlier than other such bidders.
ii) The Second Criterion shall be the evaluated net worth by NTPC. The bidder with
higher evaluated net worth shall be given preference over other such bidders.
These criteria shall be applied in the sequence as mentioned above. If the tie still
remains unresolved, the relative ranking of such bidders shall be decided through
draw of lots at NTPC-RE office at NETRA Building, Greater Noida at designated date
and time among such bidders in the presence of their authorized representatives.

Further if a bidder who has been invited for the reverse auction does not reduce its
tariff bid or does not participate in the reverse auction for any reason whatsoever, its
first round tariff bid shall be considered its final bid price in the reverse auction. The
time stamping of all such bidders shall be the time of commencement of reverse
auction.
In case the capacity of Projects offered by last selected bidder is higher than the
capacity of Projects to be selected for meeting the cumulative capacity of all the

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Projects under the RfS, the capacity of Projects of last selected bidder shall be
reduced so as to meet the cumulative capacity of all the Projects to be selected under
the RfS subject to the minimum reduced capacity is not less than 50 MW.
In case the partial capacity offered to the last Bidder after completion of the e-RA is
lower than 50% of the total quoted capacity by such Bidder, the Bidder shall have an
option to refuse such offered partial capacity, and the BG against EMD submitted by
such Bidder shall be returned along with those of the unsuccessful Bidders.
In case the partial capacity offered to the last Bidder after completion of the e-RA is
greater than or equal to 50% of the total quoted capacity by such Bidder, it shall be
mandatory for the last Bidder to accept the partial capacity offered against its quoted
capacity. In case the last Bidder refuses to accept such partial capacity offered by
NTPC, the Bank Guarantee against EMD submitted by such Bidder shall be
encashed by NTPC.
A detailed reverse auction mechanism is enclosed at Annexure - 5.
In all cases, NTPC decision regarding selection of bidders through Reverse Auction
or otherwise based on First Round Tariff bid or annulment of tender process shall be
final and binding on all participating bidders.
At the end of selection process, a Letter of Award (LoA) will be issued to the
successful Bidders for each Project. However, PPA with the successful bidder shall
be signed only after signing of Power Sale Agreement (PSA) with the end procurer
and NTPC shall not be liable on any account for any delay / inability in signing of PSA
and PPA. In case of a Consortium being selected as the successful Bidder, the LoA
shall be issued to the LeadMember of the Consortium.
In case NTPC is unable to find buyers/off-takers for the tariffs as discovered after the
bidding process, NTPC reserves the right to annul the bid process without any
financial implications to any of the parties concerned. In all cases, NTPC’s decision
regarding selection of Bidder through Reverse Auction or other- wise based on tariff
or annulment of tender process shall be final and binding on all participating Bidders.

Note:
1- NTPC reserves the right to verify the documents furnished by the bidders at the time of
submission of RfS including availability of the Net Worth and other Financial Criteria to
the extent claimed in the RfS with the original documents and bank statements and
the shareholding of the Project Company along with a copy of complete documentary
evidence supported with originals at any stage from evaluation upto the expiry of PPA.
Before signing the PPA, NTPC will ask the successful Bidder to furnish the
Memorandum & Articles of Association of Project Company/Project Developer
(highlighting the relevant provision of Power / Energy / Renewable Energy / Solar
Power Plant development) in case the same was not available in the Memorandum &
Articles of Association of the Bidder at the time of submission of Bid. If at any stage it
is found that the documents furnished by the bidders during RfS are misleading or
misrepresented in any way then the EMD shall be forfeited and the agency shall be
blacklisted for an appropriate period decided by NTPC.

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3.13 Not Used

3.14 Power Purchase Agreement (PPA)

a. Power Purchase Agreement shall be signed between NTPC and successful bidders
within 90 days of the date of issue of Letter of Award subject to signing of Power Sale
Agreement (PSA) with the End procurers for identified capacity. A copy of Power
Purchase Agreement to be executed between NTPC and the Selected Bidder(s) is
enclosed at Annexure - 3. Separate PPA will be executed between NTPC and SPG
for each Project. The successful bidder shall provide the project breakup for the
cumulative capacity quoted, in the Covering Letter (Format 6.1) within 05 days of
conclusion of Reverse Auction, subject to minimum capacity of each project shall not
be less than 50 MW. The PPA shall be for a period of 25 years from the Scheduled
Commencement of Supply Date (SCSD).

In addition to the above, the Successful Bidder shall also submit a detailed L-2
Schedule for the Project prior to the signing of PPA. Broad details to be captured in
the Schedule are the land procurement, grid connectivity; order, supply and erection
status of various Project components; financial arrangement/ tie up etc. NTPC shall
provide the standard L-2 Schedule template to the Successful Bidder after the
issuance of LoA
b. The Performance Bank Guarantee as per Clause 3.24 (ii) and success charge as per
clause no. 3.24.3 shall be submitted by the SPG prior to signing of PPA. Before
signing of PPA between NTPC and the SPGs, NTPC will verify the shareholding of
the Project Company along with a copy of complete documentary evidence. If at this
stage it is found that the documents furnished by the SPGs are false / misleading or
misrepresented in any way, then the provisions contained in this RfS will be
applicable.

c. Successful bidders will have to submit the required documents to NTPC within 70
days from the issuance of LoA or before signing of PPA, whichever is earlier. In case
of delay in submission of documents beyond the 70 days as mentioned above, NTPC
shall not be liable for delay in verification of documents and subsequent delay in
signing of PPA.

Irrespective of the date of signing of PPA, the Effective Date of the PPA shall be the
date as on 90th day from the date of issuance of LOA. In extraordinary cases of
unavoidable delays on the part of NTPC in signing the PPAs, the Effective Date of
the PPA shall then be the date of signing of PPA.

d. Back-to-back Power Sale Agreements (PSAs) in respect of all rights and obligation
under the PPA between the SPG and NTPC, will be executed by NTPC with the End
procurer for sale of solar power to End procurer, with the End procurer assuming all
the obligations of NTPC under the PPA. NTPC’s obligation to SPG under the PPA
shall also be on the back to back basis as provided in the PPA and the corresponding
PSA.

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e. The SPGs will be free to reconfigure and repower the project from time to time during
the PPA duration. However, NTPC will be obliged to buy power only within the
Capacity Utilization Factor (CUF) range laid down in Power Purchase Agreement
(PPA) i.e. within agreed energy quantum in PPA.

f. The Generators would be free to sell any excess generation which is in excess of
the quantum of power agreed to be supplied under the Power Purchase Agreement
from SCSD either to NTPC or to sell it to any other entity, provided first right of refusal
for offtake of such power will vest with the End procurer. In case the End procurer
refuses to buy such power, the right of refusal shall vest with NTPC. Such excess
energy, if accepted by the End procurers /NTPC, may be purchased by NTPC at
PPA tariff.

g. The SPG may also sell the power which was offered on day ahead basis to
NTPC/procurers (within Contracted Capacity) but not scheduled by the
NTPC/procurers, to any third party or in power exchange without requiring NOC from
the NTPC/ procurers.

h. Any extension of the PPA period beyond 25 years shall be through mutual Agreement
between the Solar Power Generator and NTPC.

i. Deviation Settlement Mechanism (DSM): For deviations from schedule, the DSM
(Deviation Settlement Mechanism) shall be applicable as per the prevailing
regulations. The DSM charges at the generator end shall be settled by the Solar
Power Generator.

3.15 Submission of Response to RfS by the Bidder

The bidder is requested to submit the following documents in originals to the under
mentioned address in a Sealed Envelope before end date and time of submission of
Bid.
AGM (RE-CS) / Sr Manager (RE-CS)
NTPC Limited
Renewable Energy - Contract Services,
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar, Uttar Pradesh, India, Pin – 201306

The envelope shall bear (Solar PV Power Project), the RfS No. and the words
‘DO NOT OPEN BEFORE’ (due date & time).

1. Details of Processing Fee submitted through Electronic transfer/NEFT Payments of

requisite amount
2. Bank Guarantee/POI towards EMD as per Format 6.3 A.

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3. Certified True Copy of Board Resolution from the Bidding Company or the Lead
Member of the Consortium, as the case may be, in favour of the person signing the
response to RfS
4. Pass-phrase of Technical and Financial Bids each sealed in separate envelopes.
The response to RfS shall be submitted electronically in the method specified as per
Clause 3.19 on https://www.bharat-electronictender.com which should contain the
following:
A. First Envelope (Technical Bid): - Bidders shall submit technical bid containing the
scanned copy of following documents in SEQUENCE as mentioned below with index
and page number duly mentioned on each page and in index: -

1. Covering Letter as per Format 6.1;

2. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead

Member issued by all the other Members of the Consortium shall be provided as
per Format 6.2.

In the event any Member of the Bidding Consortium (other than Lead Member)
being 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
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.

3. Board Resolutions, as per Format 6.4 duly certified by the Company Secretary or
the Director of the relevant Bidder, as applicable to the Bidder and mentioned
hereunder: :

a. Board Resolution from the Bidding Company or the Lead Member of the
Consortium, as the case may be, in favour of the person signing the response
to RfS;
b. Board Resolution from the Bidding Company committing one hundred percent
(100%) of the equity requirement for the Project / Board Resolutions from each
of the Consortium Members together in aggregate committing to one hundred
percent (100%) of equity requirement for the Project (in case of Bidding
Consortium) and authorizing a person to execute the Consortium agreement;
c. Board Resolutions from each of the Consortium Members and Lead member
contributing such additional amount over and above the percentage limit
(specified for the Lead Member and other member in the Consortium
Agreement) to the extent becoming necessary towards the total equity share

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in the Project Company, obligatory on the part of the Consortium pursuant to

the terms and conditions contained in the Consortium Agreement and
d. Board Resolutions from Parent and /or Affiliate (whose credentials were used
in the response to RfS) of the Bidding Company / any Member of the Bidding
Consortium undertaking to invest the entire amount and submit the requisite
Performance Bank Guarantee as committed by Bidding Company / Member
of the Bidding Consortium, in event of failure of Bidding Company / Member
of the Bidding Consortium to make such investment and/or to submit the
requisite Performance Bank Guarantee.
e. In case of non-availability of the Board Resolution as required above, a letter
from the CEO/ Managing Director of the Bidding Company / respective
Affiliate(s) / Lead Member and other member of the bidding Consortium
undertaking the above, shall be required to be submitted and the requisite
Board Resolution from the Affiliate(s) shall be required to be submitted prior to
signing of PPA.
4. In case of a Consortium, the Consortium Agreement between the Members in the
Consortium as per Format 6.5 along with Board resolution from each Member of
the Consortium for participating in consortium;

5. Financial Requirements as per Format 6.6 as applicable;

6. Format for Technical Criteria as per Format 6.7;

7. A disclosure statement as per Format 6.8 regarding participation of any related

companies in this bidding process;

8. Declaration by the Bidding Company / Lead Member of Bidding Consortium for

the Proposed Technology Tie Up as per Format 6.9;

9. Certificate of Compliance of all provisions of RfS document as per Format 6.13a

or Acceptance of Attribute online on ETS portal regarding Compliance of all
provisions of RfS document.

10. Certificate towards compliance of Fraud Prevention Policy as per Format 6.14 or
Acceptance of the attribute online on ETS portal regarding compliance of Fraud
Prevention Policy.

11. Checklist for Bank Guarantee as per Appendix – A;

12. Memorandum & Articles of Association (highlighting relevant provision of Power /

Energy / Renewable Energy / Solar Power Plant development), Certificate of
Incorporation (if applicable) of Bidding Company / all member companies of

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Bidding Consortium along with shareholders rights and obligations filed with ROC.
In case of foreign bidders having documents other than English language then all
these documents shall be translated in English language by approved translator
and shall be notarized by the Indian Consulate in that country.

At the time of submission of bid if the Bidder does not have the aforesaid relevant
provision of Power / Energy / Renewable Energy / Solar Power Plant development
in its existing Memorandum & Articles of Association, the same may be
incorporated later in the Memorandum & Articles of Association of Project
Company / Project Developer and submit the same to NTPC within 70 days from
the date of issue of Letter of Award or before signing of PPA, whichever is earlier.

13. Bidder shall also provide shareholding pattern of the bidding company /
consortium.

B. Second Envelope (Financial Bid) (to be submitted on ETS Portal)

Bidders shall fill up the First Round Tariff Bid (in Rs/kWh) online in the
Electronic Form-Financial Part at ETS Portal. The bidders shall quote a single
tariff for all the projects applied by them. The Bidder has to accept that the quoted
first round tariff bid is valid for capacity of projects qualified for even if the capacity of
projects qualified for is less than the capacity of projects quoted for.

First round tariff bid (in Rs/kWh) shall be quoted upto two places of decimal only. If
first round tariff bid is offered with more than two digits after decimal, it shall be
truncated and considered upto two places of decimal (in Rs/kwh).

3.16 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. Any document
submitted in format other than that specified in this RfS document may call for rejection
of bid.

3.16.1 Modification of Bid

The bidder may modify its bid prior to deadline of bid submission. For the purpose of
evaluation, the last modified bid uploaded on ETS portal shall be considered as final
submission.

3.17 The Bidder should note that:

a. The bidder may be shortlisted based on the declarations made by them in relevant
schedules of RfS. The documents submitted online will be verified before signing
of PPA in terms of Clause 3.12.

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b. If the Bidder/Member in a Bidding Consortium conceals any material information

or makes a wrong/misleading statement or misrepresents facts in its response to
RfS, in any manner whatsoever, NTPC reserves the right to reject such response
to RfS and/or cancel the Letter of Award, if issued and the Bank Guarantee
provided upto that stage shall be encashed. Bidder shall be solely responsible for
disqualification based on their declaration in the response to RfS submitted online
with ETS portal.
c. If the event specified at 3.17 (b) above is discovered after the Effective Date of
PPA, it shall be treated as “SPG Event of Default” under PPA and consequences
as specified in PPA shall apply.
d. Response submitted by the Bidder shall become the property of NTPC and NTPC
shall have no obligation to return the same to the Bidder.
e. All documents of the response to RfS submitted online must be digitally signed by
the person authorised by their respective Boards on behalf of the Bidder as per
Format 6.4.
f. The response to RfS shall be submitted as mentioned in Clause 3.15 above. No
change or supplemental information to a response to RfS will be accepted after
the scheduled date and time of submission of response to RfS. However NTPC
reserves the right to seek additional information or clarifications from the Bidders,
if found necessary, during the course of evaluation of the response to RfS.
g. Bidders shall mention the name of the contact person and complete address of
the Bidder in the covering letter.
h. Response to RfS that are incomplete or do not substantially meet the
requirements prescribed in this RfS, will be liable to rejection by NTPC.
i. Response to RfS not submitted in the specified formats will be liable to rejection
by NTPC.
j. Bidders delaying in submission of additional information or clarifications sought
by NTPC will be liable to rejection.
k. Non submission and/or submission of incomplete data/ information required under
the provisions of RfS shall not be construed as waiver on the part of NTPC of the
obligation of the Bidder to furnish the said data/information unless the waiver is
given in writing.
l. Only Delhi Courts shall have exclusive jurisdiction in all matters pertaining to RfS.
m. All the information should be submitted in English language only. In case of
foreign bidders having documents other than English language then all these
documents shall be translated in English language by approved translator and
shall be notarized by the Indian Consulate in that country.

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3.18 Due Date

Bidders should submit the response to RfS online on https://www.bharat-
electronictender.com as per the schedule specified at Clause 3.4 above. No offline
or late bids will be allowed.

3.19 Method of Submission

Detail instructions to be followed by the bidders for online submission of response to
RFS is as stated at Annexure - 4.

3.20 Validity of the Response to RfS

The Bidder shall submit the response to RfS which shall remain valid up to One
Hundred Eighty (180) days from the technical bid opening date (“Bid Validity”). NTPC
reserves the right to reject any response to RfS which does not meet the
aforementioned validity requirement. In exceptional circumstances, NTPC may solicit
the Bidder's consent to an extension of the initial bid validity period. The request and
responses thereto shall be made in writing by email or post or by telefax followed by
post confirmation. If a Bidder accepts to extend the period of bid validity, the validity
of Earnest Money Deposit shall also be suitably extended. A Bidder may refuse the
request to extend the period of bid validity. In such case NTPC will not forfeit its
Earnest Money Deposit. A Bidder granting the request will not be required nor
permitted to modify its bid.

3.21 Preparation cost

The Bidder shall be responsible for all the costs associated with preparation and
submission of the response to RfS, attending training program and participation in
discussions and attending pre-bid meeting(s), etc. NTPC shall not be responsible, in
any way, for such costs, regardless of the conduct or outcome of the bid process.

3.22 Enquiries/Clarifications
a. Pre-Bid Meeting
i. Clarifications/ Doubts, if any, on RfS document may be addressed to AGM (RE-CS)
at the address mentioned below on or before the date as mentioned in the Clause
3.4 above.
ii. NTPC will make all efforts to respond to the same in the Pre Bid Conference to be
held online through MS teams as per Clause 3.4 above. A compiled list of such
questionnaire and NTPC’s response will be uploaded in the website
https://www.bharat-electronictender.com. Bidders are required to remain updated
with the website. No separate reply/intimation will be given elsewhere. Verbal
clarifications & information given by NTPC or their employees(s) or their
representative(s) shall not be in any way binding on NTPC.
iii. Enquiries/ clarifications may be sought by the Bidder in following format on email ID:
[email protected]/ [email protected]/[email protected]

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Sl. no. Clause no. of RfS Provision of RfS Query of bidder

The bidders are required to submit the queries in MS Word file also.

3.22.1 Amendment to RfS Documents

At any time prior to the deadline for submission of bids, NTPC may, for any reason,
whether at its own initiative, or in response to a clarification requested by a
prospective Bidder, amend the RfS documents. The amendment will be uploaded
on the website https://www.bharat-electronictender.com. Bidders are required to
remain updated with the website. No separate intimation will be given elsewhere.
The amendment will be binding on Bidders and it will be assumed that the
information contained therein will have been taken into account by the Bidder in its
bid.

3.22.2 Clarification on Bids

During bid evaluation, NTPC may, at its discretion, ask the Bidder for a clarification
of its bid. The request for clarification and the response shall be in writing, and no
change in the substance of the bid shall be sought, offered or permitted.

3.23 Right of NTPC to reject a Bid

NTPC shall have the right to reject all price bids if the rates quoted are not aligned to
the prevailing market prices.

Further, NTPC reserves the right to reject all or any of the response to RfS or cancel
the tender or annul the bidding process at any stage without assigning any reasons
whatsoever and without thereby incurring any liability to the affected Bidder or
bidders or any obligation to inform the affected Bidder or bidders of the grounds for
the NTPC’s action.

3.23.1 Right of NTPC to reduce the Tendered Capacity

The solar power produced by the selected SPGs from their respective Solar-PV
Power Projects, will be purchased by NTPC and would be sold to the End procurers
through back to back Power Sale Agreement (PSAs).

In case the PSAs are not signed for complete tendered quantity, then NTPC shall
reserve the right to cancel the such balance quantity of tender for which PSA could
not be signed.

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3.24 Bank Guarantees

The Bidder shall provide the following Bank Guarantees to NTPC from any of the
Banks listed at Annexure - 2 in a phased manner as detailed hereunder:

i) Earnest Money Deposit (EMD) of Rs. 11.60 Lakh/MW in the form of Bank
Guarantee (valid for a period of 120 days beyond the Bid Validity period mentioned
at clause 3.20 of RfS i.e. 300 days from technical bid opening date) as per Format
6.3A. . The Bank Guarantees towards EMD have to be issued in the name of the Bidding
Company/ Lead Member of Bidding Consortium. Scanned copy of Bank Guarantee
towards EMD is to be submitted along with response to RfS in First Envelope
(Technical Bid). However, the Bank Guarantee towards EMD (in original) in a sealed
envelope is to be submitted at NTPC-RE office at NETRA Building, Greater NOIDA
on or before bid submission date and time. If a bidder extends the period of bid validity
pursuant to clause 3.20 of RfS, the validity of EMD shall also be extended so that it
remains valid for a period of 120 days beyond the Bid Validity.

The EMD shall be valid as per the timelines stipulated above. However, shortfall in
the EMD validity, if any, up to a period of seven (7) days shall be acceptable. Further,
an additional shortfall only in the following cases shall be acceptable: If bidder has
submitted the EMD with validity as per original bid submission date or as per any
revised submission date and if the deadline for submission of bids has been extended
further, the Bid Guarantee shall be acceptable provided, the EMD is valid for more
than two months from the actual date of bid submission and the Bidder submits the
EMD extension for the requisite period within seven days from the date of actual bid
submission, if required.

After issuance of LOA, validity of EMD by the successful bidders is required to be

extended from time to time so that the same shall be valid for a period of 90 days
beyond the date of PBG to be submitted as per clause no.-3.24 (ii).

In case of Bidders opting for Bank Guarantee as Bid Security but unable to submit
the Original Bank Guarantee in physical form at the tender opening location, before
the deadline for submission of bids, following shall also be considered acceptable,
subject to para below:

The issuing bank shall intimate through their own official email id to e-mail id
mentioned in RfS, a copy to Bidder regarding issuance / extension of Bank Guarantee
(BG) along with following documents, before the deadline of submission of bids:

a) The scanned copy of the BG.

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b) SFMS/ SWIFT message acknowledgement copy sent to NTPC / Employer’s

banker stating the date of sending

c) An Undertaking from the Bank strictly as per format enclosed at Appendix to

format 6.3 A of RfS.

SFMS / SWIFT message must be sent to the NTPC /Employer’s bank, details of
which are mentioned in RfS documents.

In such a case, Bidder shall also be required to submit the Original BG in physical
form to reach NTPC at the address mentioned in Bidding Documents, not later than
10 days from the date of submission of Techno-Commercial bids or before the Price
Bid opening, whichever is earlier, failing which its bid shall be rejected and not
considered for further evaluation.

Payment on Order Instrument (POI): As an alternative to submission of EMD as

above, the Bidder also has an option to submit a letter of undertaking issued by either
of the following three organizations, viz. (i) Indian Renewable Development Agency
Limited (IREDA) or (ii) Power Finance Corporation Limited or (iii) REC Limited. This
Letter of Undertaking shall be issued as “Payment on Order Instrument” (POI),
wherein the POI issuing organization undertakes to pay in all scenarios under which
the EMD would be liable to be encashed by NTPC within the provisions of RfS/PPA.
This instrument would have to be furnished as per Format 6.3 A-1 of the RfS, within
the timelines as per Clause 3.24 (i) above, for the amount and validity period as per
those Clause 3.24 (i) above.

term “Bank Guarantee (BG) towards/ against EMD” occurring in the RfS shall be read
as “Bank Guarantee (BG)/ Payment on Order Instrument (POI) towards/ against
EMD”.

The EMD of unsuccessful bidders shall be released within fifteen days of the
completion of reverse auction process.

ii) Performance Guarantee

A. Performance Bank Guarantee (PBG) of Rs. 28.0 Lakh/ MW for each project as per
Format 6.3 B, is to be submitted by the successful bidder to NTPC prior to signing of
PPA (PPA signing date shall be intimated by NTPC). The due date for submission of
PBG shall be the date as intimated by NTPC, which shall be at least fifteen (15) days
prior to the signing of PPA. The PBG should be initially valid for a period of 07 (seven)

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months beyond the Scheduled Commencement of Supply Date (SCSD). If any

extension of the Scheduled Commencement of Supply Date (SCSD) is granted to the
project, the PBG shall also be extended in such a way that it remains valid for 07
(seven) months beyond the extended the Scheduled Commencement of Supply Date
(SCSD). PBG shall be submitted for each project separately. It may be noted that
PPA will be signed only upon successful verification of the PBG submitted by the
SPG.

The PBGs are required to be submitted in the name of the entity signing the PPA. In
case of PPA being eventually signed with the SPV incorporated/utilized by the
successful bidder, the PBG may be submitted in the name of the successful bidder
at an earlier date, if the bidder chooses to do so, and the same shall be replaced by
the PBG issued in the name of the SPV, prior to signing of PPA, subject to submission
of Board Resolution from the Successful Bidder to transfer the project to its SPV and
Board Resolution from the SPV accepting the said Project from the Successful
Bidder.

The selected Bidder for the Project selected based on this RfS is required to sign
PPA with NTPC within the timeline as stipulated in Clause 3.14 of the RfS. In case,
NTPC offers to execute the PPA with the Selected Bidder and if the Selected Bidder
does not submit the requisite documents as per Clause 3.14 of the RfS, or does not
meet eligibility criteria upon submission of documents or does not execute the PPA
within the stipulated time period, then the Bank Guarantee equivalent to the amount
of the EMD shall be encashed by NTPC from the Bank Guarantee available with
NTPC (i.e. EMD or PBG) as liquidated damages not amounting to penalty, the
selected Project shall stand cancelled and the selected Bidder expressly waives off
its rights and objections, if any, in that respect

PBG (or alternatives provided thereto) shall be returned to the generator within 45
days of the SCSD of the project. In case of part commencement of supply of power,
PBG corresponding to such part capacity, should be released within 45 days.

B. Payment on Order Instrument (POI): As an alternative to submission of PBG as

above, the SPG also has an option to submit a letter of undertaking issued by either
of the following three organizations, viz. (i) Indian Renewable Development agency
Limited (IREDA) or (ii) Power Finance Corporation Limited or (iii) REC Limited. This
Letter of Undertaking shall be issued as “Payment on Order Instrument” (POI),
wherein the POI issuing organization undertakes to pay in all scenarios under which
the PBG would be liable to be encashed by NTPC within the provisions of RfS/PPA.
This instrument would have to be furnished as per Format 6.3 C of the RfS, within the

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timelines as per Clause 3.24 (ii) A above, for the amount and validity period as per
those Clause 3.24 (ii) A above. POI shall be submitted for each project separately.

On receipt and after verification of the Total Performance Bank Guarantee (PBG)/
Payment on Order Instrument (POI) in acceptable form, the earlier Bank Guarantee
towards EMD would be returned to the Bidder.

Note: In case any extension is given to the Project, the corresponding extension needs to be
made in the validity of PBG/POI.

The Bank Guarantee/POI has to be executed on non-judicial Stamp paper / e-stamp paper
of appropriate value, as per Stamp Act. The Bank Guarantees/POI have to be in the name
of the Bidding Company / Lead Member of Bidding Consortium.

Bank Guarantees issued by foreign branch of a Bank from bank list given in Annexure – 2 is
to be endorsed by the Indian Branch of the same bank or State Bank of India.

In order to facilitate the Bidders to submit the Bank Guarantee/POI as per the prescribed
format and in line with the requirements, check-list at Appendix – A has been attached.
Bidders are advised to take note of the above checklist while submitting the Bank
Guarantees. Bidders have to submit the above check list duly filled in along with Bank
Guarantee.

The term “Performance Bank Guarantee (PBG)” occurring in the RfS shall be read as
“Performance Bank Guarantee” (PBG)/Payment on Order Instrument (POI)”.

NTPC may release the Bank Guarantees submitted by a Solar Power Generator as
‘Performance Bank Guarantee (PBG)’ if the Solar Power Generator is able to replace the
same with "Payment on Order instrument"/Letter(s) of Undertaking from Indian Renewable
Energy Development Agency Limited (IREDA) or Power Finance Corporation Limited (PFC)
or REC Limited (REC) to pay in case situation of default of Solar Power Generator in terms
of Power Purchase Agreement (PPA) arises. Solar Power Generators can seek such
Letters(s) by offering due security to the above mentioned three non-banking financial
institutions (IREDA, PFC & REC) for seeking replacement of their Bank Guarantees already
pledged with the Procurer(s).”

All BGs/POIs except BG issued by a Bank outside India , shall be received from issuing
Bank/Insurance company directly through post/ courier, by Unified Treasury, Dadri at below
mentioned address:

Unified Treasury (BG Group)

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Administrative Building, NCPS, Dadri

NTPC Limited,
PO. Vidyut Nagar
Distt: Gautam Budh Nagar,
Uttar Pradesh- 201008

A BG issued by a Bank outside India need to be submitted by the Bidder directly to the
employer as defined in RfS. The BG also needs to bear stamp duty of appropriate value
applicable to the place in NTPC where BG is to be submitted. The BG may be got adjudicated
by the employer from Collector of Stamps, within 3 months of arrival of BG in India.
Expenses incurred in this regard shall be adjusted from the payment due to the contractor.

b) A soft copy of the BG is mandatorily required to be mailed to Unified Treasury Group at

[email protected] by the issuing Bank/ Insurance company.

3.24.1 Confirmation of BG towards EMD and PBG through Structured Financial

Messaging System (SFMS)/SWIFT

While issuing the physical BG, the Bidder’s Bank shall also send electronic
message to NTPC’s Beneficiary Bank whose details are provided below through
secure SFMS (in case of BGs issued from within India) or SWIFT (in case of
BGs issued from outside India) :

i Bank Name ICICI Bank Limited

ii Branch CONNAUGHT PLACE BRANCH, New Delhi

iii Bank 9A, PHELPS BUILDING, INNER CIRCLE, NEW DELHI-

Address 110001

iv IFSC Code ICIC0000007

While submitting the Bank Guarantee, bidders shall also enclose copy of electronic
message sent to the above beneficiary bank.

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BG issuing/amending bank must send the BG advice in the form of message format via
SFMS (Structured Financial Messaging System) as provided by RBI. The format of the
message for confirmation of the BG shall be as below:
BG advising message: IFN 760COV/ IFN 767COV via SFMS
Field Number: Particulars (to be mentioned in Row 1)
7037: NTPCBG (unique identifier)

3.24.2 Payment Security Deposit :

As part of the Payment Security Mechanism as brought out in the PPA, the SPG will
undertake to pay PSM Charges @Rs. 0.02/kWh to NTPC, by offering a
commensurate discount in the monthly tariff payment being made by NTPC.

3.24.3 Success Charges

3.24.3.1 The Selected Bidders shall have to pay Success Charges @ INR 1,00,000/MW
(Indian Rupees One Lakh/MW) + 18% GST, corresponding to the capacity awarded, to
NTPC towards administrative overheads, coordination with State Authorities and others,
DISCOM/STU/CTU, etc. prior to signing of PPA (PPA signing date shall be intimated by
NTPC). The due date for payment of Success Charge shall be the date as intimated by
NTPC, which shall be at the most seven (07) days prior to the signing of PPA. The payment
has to be made by the SPG in the form of DD/ Pay Order / NEFT/ RTGS mode to NTPC.
In case of modification in Contracted Capacity prior to signing of PPA, Success Charges will
be calculated based on the revised value of the total Success Charges calculated @Rs.
1,00,000/MW + 18% GST of the revised Contracted Capacity.

3.24.3.2 Any delay in depositing the said amount to NTPC as mentioned above within the
stipulated time shall attract late payment charges @18% per annum+18% GST, levied on
per day basis, until (and including) the date of payment, which shall not be later than the
date of signing of PPA. PPA shall only be signed after deposit of the Success Charges to
NTPC. In case of delay in making full payment of above delay charges, the amount paid, if
any until the above deadline, along with interest, shall be first reduced from the total amount
due towards the delay charges and interest amount (i.e. rate of interest as stated below).
Further, balance amount to be paid shall attract Interest rate @ “[SBI 1-year MCLR as on
01st April of applicable year + 150 bps] per annum pro-rata basis.

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3.25 Forfeiture of EMD

The EMD shall be forfeited in following cases:
a) If the bidder / his representatives commit any fraud while competing for this contract
pursuant to “Fraud Prevention Policy” of NTPC mentioned at its website;
b) If the bidder withdraws or varies the bid during the validity of the bid;
c) In case, NTPC offers to execute the PPA with the Selected Bidder and if the Selected
Bidder does not submit the requisite documents as per Clause 3.12.4.4 or does not
execute the PPA, within the stipulated time period.
d) If the bidder refuses to withdraw, without any cost to NTPC, any deviation, variation,
additional condition or any other mention anywhere in the bid, contrary to the
provisions of the RfS Document;
e) If the successful bidder fails to furnish required Performance Bank
Guarantee/Payment on Order Instrument in accordance with Clause 3.24; and
f) In case the bidder is disqualified from the bidding process in terms of Section 3 & 4
of Integrity Pact.
g) if bidder does not accept the partial offered capacity in terms of clause 3.12.4.4

3.25.1 In case the successful bidder has submitted the Performance Bank Guarantee/
Payment on Order Instrument and NTPC has returned the Bank Guarantee towards
EMD prior to the signing of PPA pursuant to clause 3.24 (ii) and any of the condition
of forfeiture of EMD as specified at 3.25 (a to g) occurs then the Bank Guarantee
equivalent to the amount of the EMD shall be encahsed by NTPC from the
Performance Bank Guarantee/Payment on Order Instrument towards forfeiture of
EMD.

3.26 Minimum Paid up Share Capital to be held by the Promoter

The Company developing the project shall provide the information about the
Promoters and their shareholding in the Company to NTPC indicating the controlling
shareholding at the stage of submission of RfS to NTPC.

The Successful bidder, if being a single company, shall ensure that its shareholding
in the SPV/ project company executing the PPA shall not fall below 51% (fifty one per
cent) at any time prior to 1 (one) years from the SCSD, except with the prior approval
of NTPC. In the event the successful bidder is a consortium, then the combined
shareholding of the consortium members in the SPV/project company executing the
PPA, shall not fall below 51% at any time prior to 1 (one) years from the SCSD ,
except with the prior approval of NTPC. Further, in case the successful bidder shall
be itself executing the PPA, then it shall ensure that its promoters shall not cede

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control of the bidding company/ consortium till 1 (one) years from the SCSD, except
with the prior approval of NTPC. In this case it shall also be essential that the
successful bidder shall provide the information about its promoters and their
shareholding to NTPC before signing of the PPA with NTPC.

Any change in the shareholding after the expiry of 1 (one) years from the SCSD can
be undertaken under intimation to NTPC.

Transfer of controlling shareholding of the company developing the project within the
same group of companies will however be allowed after SCSD with the permission
of NTPC, subject to the condition that the management control remains within the
same group of companies.

In the event the SPG is in default to the lender(s), lender(s) shall be entitled to
undertake “Substitution of Promoter” in concurrence with the NTPC

The expression “control” shall mean the ownership, directly or indirectly, of more than
50% (fifty percent) of the voting shares of such Company or right to appoint majority
Directors.

3.27 Financial Closure or Project Financing Arrangements

3.27.1 The Projects shall achieve Financial Closure by the date as on 6 months
prior to the SCSD/ extended SCSD. (For e.g. if SCSD of the Project is
25.11.2025, then scheduled Financial Closure date shall be 25.05.2025).

3.27.2 At the stage of Financial Closure, the SPGs shall report 100% tie-up of
Financing Arrangements for the Projects. In this regard, the SPG shall submit
a certificate/ necessary documents from all financing agencies regarding the
tie-up of 100% of the funds indicated for the Project, including arrangements
of funds in the form of Equity. The SPG shall also submit details of all planned/
proposed solar PV modules (manufacturer, model number, datasheet), along
with necessary purchase order/agreements for the Project.

3.27.3 In case of default in achieving above condition as may be applicable within the
stipulated time, NTPC shall be entitled to encash PBG/POI and may remove
the Project from the list of the selected Projects. An extension may however
be considered, on the sole request of SPG, on advance payment of extension
charges of INR 100/- per day per MW + applicable GST. This extension will
not have an impact on the obligation of SPG to commence supply of power by
the Scheduled Commencement of Supply Date of the Project. Subsequent to
the completion of deadline for achieving financial closure, NTPC shall issue
notices to the SPGs who are not meeting the requirements of Financial
Closure as per the RfS deadlines. The notice shall provide a period of 7

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business days to the respective SPGs to either furnish the necessary

documents or make the above mentioned payment of Rs. 100/MW/day + GST.

In case of non-submission of either the requisite documents or the necessary

amount upon expiry of the above mentioned notice period of 7 days-NTPC
shall encash the PBG/POI of the corresponding SPGs and may terminate the
PPA for the corresponding Project. The amount of Rs. 100/MW/day + GST
shall be paid by the SPGs in advance prior to the commencement of the said
delay period and shall be calculated based on the period of delay as estimated
by the SPG. In case of the SPG meeting the requirements of Financial Closure
before the last date of such proposed delay period (for which extension
charges have been paid), the remaining amount out of the deposited amount
by the SPG shall be returned by NTPC. Interest on account of delay in
deposition of the above mentioned charges or on any subsequent extension
sought, shall be levied @ one year SBI MCLR rate /annum on prorate basis.
Any extension charges paid so, shall be returned to the SPG without any
interest and GST amount on achievement of successful commencement of
power supply within the Scheduled Commencement of Supply Date, on pro-
rata basis, based on the Contracted Capacity that has commenced supply of
power as on Scheduled Commencement of Supply Date.

3.27.4 The SPG will have to submit the required documents to NTPC at least 14 days
prior to the scheduled Financial Closure date. In case of delay in submission
of documents mentioned above, NTPC shall not be liable for delay in
verification of documents and subsequent delay in Financial Closure.

3.28 COMMENCEMENT OF SUPPLY OF POWER :

Project commissioning and declaration of Commercial Operation Date (COD) shall

be governed by the Central Electricity Regulatory Commission (Indian Electricity Grid
Code) Regulations, 2023, as amended from time to time. It is clarified that NTPC shall
bear no responsibility in declaration of commissioning/COD of the Project. NTPC’s
scope will be limited to verifying the installation of rated capacity(ies) of the Project,
with respect to the committed Installed Capacity as part of the PPA. The date of onset
of commercial offtake of power by NTPC/ End procurer shall be determined as the
date of commencement of power supply under the RfS/PPA. Prior to declaration of
commencement power supply, the SPG shall submit COD certificate for the
corresponding Installed Capacity to NTPC as part of the requisite documents.

(a) Part Commencement of Supply of Power:

Part commencement of supply of power from the Project shall be accepted by Procurer
subject to the condition that the Minimum Capacity for acceptance of first and
subsequent part(s) shall be 50 MW (with the last part being the balance Contracted

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Capacity), without prejudice to the imposition of liquidated damages, in terms of PPA on

the part which has not yet commenced supply of power.

However, the SCSD will not get altered due to part-commencement of supply of power .
Irrespective of dates of part or full Commencement of supply of power, the PPA will
remain in force for a period specified in the bid.

(b) Early Commencement of supply of power

The SPG shall be permitted for full as well as part-commencement of power supply
from the Project even prior to the SCSD, subject to availability of connectivity and
General Network Access. Early commencement of power supply will be allowed
solely at the risk and cost of the SPG. The SPG shall give fifteen (15) days advance
notice to both End Procurer(s) and NTPC regarding the advance commissioning of
full or part capacity. The End Procurer(s) and NTPC shall give acceptance for availing
such power within 15 days from the date of service of notice. In case both the End
Procurer(s) and NTPC do not give their acceptance to purchase power within the
stipulated period, the SPG can sell the power to the extent not accepted by the End
Procurer(s) and NTPC in the power exchanges or through bilateral arrangements.

In case both the End Procurer(s) and NTPC give their acceptance to purchase power,
the End Procurer(s) will be accorded priority in availing such power.

In case NTPC/ End procurer agrees to purchase power from such early part/full
commencement of power supply prior to SCSD, such power will be purchased at the
PPA tariff.

(c) Commencement of Supply schedule and Penalty for Delay in Commencement

of supply:

(i) The Scheduled Commencement of Supply Date (SCSD) for supplying power from the
full Project capacity shall be the date as on 24 months from the Effective Date of PPA.

(ii) The maximum time period allowed for commencement of power supply from the full
Project Capacity with applicable penalty, shall be limited to the date as on 6 months from
the SCSD or the extended SCSD (if applicable) (for e.g., if SCSD is 07.09.2025, then the
above deadline for commencement of power supply shall be 07.03.2026).

(iii) In case of delay in commencement of power supply beyond the SCSD until the date as
per Clause 3.28.(c).(ii) above, as part of the liquidated damages, the total PBG/POI
amount for the Project shall be encashed on per-day-basis and proportionate to the
Contracted Capacity that has not commenced supply of power. This encashment will
be calculated for the Installed Capacity proportionate to the Contracted Capacity that

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has not commenced supply of power. For example, in case of a Project of 240 MW
capacity, if commencement of supply of power corresponding to 100 MW capacity is
delayed by 18 days beyond the SCSD, then the liquidated damages shall be: PBG
amount X (100/240) X (18/180). For the purpose of calculations of the liquidated
damages, ‘month’ shall be considered consisting of 30 days.

(iv) For delay in commencement of power supply beyond the date as per Clause
3.28.(c).(ii) above, the following shall be applicable:

(i) The contracted capacity shall stand reduced to the project capacity that has
commenced supply of power within the period of SCSD plus 6 (six) months.
The PPA for the balance contracted capacity that has not commenced supply
of power shall stand terminated.

(v) It is presumed that the tariff will be adopted by the Appropriate Commission
within Sixty (60) days of NTPC approaching the Appropriate Commission for
adoption of tariff or within one hundred and twenty (120) days from the date of
Power Sale Agreement (PSA), whichever is more. However, notwithstanding
anything contained in this RfS, in case of any delay in adoption of tariff by the
Appropriate Commission, within sixty (60) days of submission or One hundred
twenty (120) days of PSA, whichever is more, the Procurer(s) shall grant
appropriate extension of time in SCSD to the generators, corresponding to the
delay [beyond 60 (sixty) days of submission or 120 (one hundred and twenty)
days of PSA whichever is more] in adoption/ approval of tariff by the Appropriate
Commission till the date of adoption/ approval by the Appropriate Commission.

(d) Delay in Commencement of power supply on Account of Delay in GNA

Operationalization

The responsibility of obtaining General Network Access (GNA) shall be of the

End Procurer(s) prior to commencement of supply of power from the Project.
For sale of power to NTPC from SCSD, the GNA is required to be obtained by
the End Procurer(s). Subsequent to grant of connectivity, in case there is a
delay in grant/operationalization of GNA by the CTU and/or there is a delay in
readiness of the ISTS substation at any Delivery Point, including readiness of
the power evacuation and transmission infrastructure of the ISTS network until
SCSD of the Project, and it is established that:

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(i) The SPG has complied with the complete application formalities as per
Clause 3.9.1 above and as per the detailed procedure issued by the
CTU,

(ii) The SPG has adhered to the applicable regulations/Procedures in this

regard as notified by the CERC/CTU/CEA, and

(iii) The delay in grant of connectivity/GNA by the CTU and/or delay in

readiness of the ISTS substation at the Delivery Point, including
readiness of the power evacuation and transmission infrastructure of
the ISTS network, is a factor attributable to the CTU/transmission
licensee and is beyond the control of the SPG;

The above shall be treated as delays beyond the control of the SPG and
SCSD for such Projects shall be revised as the date as on 30 days
subsequent to the readiness of the Delivery Point and power evacuation
infrastructure and/or grant/operationalization of GNA. Decision on requisite
extension on account of the above factor shall be taken by NTPC.

In case of delay in commencement of power supply from the Project due to

reasons beyond the reasonable control of the SPG, NTPC may extend the
SCSD after examining the issue on a case-to-case basis. In case of change
in Project location(s) by the SPG, extension requests under this clause shall
be dealt by NTPC on case-to-case basis. For avoidance of ambiguity, it is
clarified that for decisions made under this Clause, the phrase “change in
Project location” or its similar connotations, shall refer solely to change in
Delivery Point(s) of the Project.

Further, in case of delay in commencement of power supply on account of

reasons solely attributable to the SPG, resulting in any liquidated
damages/penalty levied on the End procurer including transmission charges
under the GNA Regulations and/or applicable regulations as notified by
CERC, such damages/penalty shall be passed on to the SPG.

3.29 Commercial Operation Date (CoD) and Commencement of Supply Date (CSD):

Commercial Operation Date (COD) shall be the date declared by the generating
station after undergoing a successful trial run as per IEGC grid code 2023 and
amendments thereof, and subject to fulfilment of other conditions, if any, of this PPA.
In the case of a generating station as a whole, the commercial operation date of the
last unit of the generating station shall be considered as the COD of the generating
station. And Further, Commencement of Supply Date (CSD) shall be the date of
commencement of supply of power of the contracted capacity. The following
milestone dates may therefore be observed and may fall on separate dates:

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a. Interconnection with Grid: This may be provided by the STU/ CTU/ DISCOM,
on the request of the SPG, even if the Project is only partially ready, to facilitate
testing and allow flow of power generated into the grid to avoid wastage of Power.

b. Commissioning of the Project: This will be on a date, when the project meets
the criteria defined for project commissioning.

3.30 NOT APPLICABLE

3.31 Corrupt or Fraudulent Practices:

NTPC requires that Bidders, Solar Power Generators , etc. observe the highest
standard of ethics during the development and operation of Solar Power Project(s).
In pursuance of this policy, NTPC:

(a) defines, for the purposes of this provision, the terms set forth below as follows :

(i) "corrupt practice" means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the bidding process or in the
development and operation of Solar Power Project(s); and
(ii) "fraudulent practice" means a misrepresentation of facts in order to influence the
bidding process or in the development and operation of Solar Power Project(s) to the
detriment of NTPC, and includes collusive practice among Bidders (prior to or after
bid submission) designed to establish bid prices at artificial noncompetitive levels and
to deprive NTPC of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the tender in
question and the bid security of the bidder shall be forfeited;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the firm has engaged in corrupt
or fraudulent practices in competing for or in executing the development and
operation of Solar Power Project(s).

3.32 Fraud Prevention Policy:

The Bidder along with its Affiliate/Group Company/associate/collaborators/sub-

contractors/sub-vendors/ consultants/service providers shall strictly adhere to the
Fraud Prevention Policy of EMPLOYER displayed on its tender website
http://www.ntpctender.com and shall immediately apprise Employer about any fraud
or suspected fraud as soon as it comes to their notice. A certificate to this effect shall
be furnished by the bidder along with his bid, in relevant attachment to Bid Form as
per format 6.14 enclosed with the RfS Document.

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Alternatively, bidders can also certify their compliance to the complete Bidding
Documents by accepting the following attribute at e-tender portal:

“Do you accept the Fraud Prevention Policy of NTPC?”

Acceptance of above attribute shall be considered as Bidder's acceptance to all

provisions of Fraud Prevention Policy of EMPLOYER displayed on its tender website
http://www.ntpctender.com.

If in terms of above policy, it is established that the bidder/his representatives have

committed any fraud while competing for this contract then the Bid shall be rejected
and bid Security of the bidder shall be forfeited.

3.33 Contacting NTPC

a. Except for when NTPC has sought some clarification or additional information in
writing from the bidder, no Bidder or his representative shall contact NTPC on any
matter relating to its bid, from the time of the opening of bids to the time the LOA is
issued.
b. Any effort by a Bidder to influence NTPC decision during the evaluation process
before LOA is issued to successful bidder(s) may result in rejection of the Bidder’s
bid.

3.34 Integrity Pact

Employer has in place an Integrity Pact details of which are displayed on its Tender
website http://www.ntpctender.com. The Integrity Pact (IP) envisages an agreement
between the prospective vendors / bidders and the buyer, committing the persons /
officials of both the parties, not to exercise any corrupt influence on any aspect of the
contract. The Bidder along with its associate / collaborator / sub-contractors / sub-
vendors / consultants / service providers shall strictly adhere to the Integrity Pact
displayed on Employer’s tender website http://www.ntpctender.com

Bidders are required to unconditionally accept the "Integrity Pact (IP)" as per format
6.12 to the Bidding Documents through acceptance of attribute on e-tender portal.
Bidder's failure to comply with the aforesaid requirement regarding acceptance of
provisions of 'Integrity Pact (IP)' shall lead to outright rejection of the bid and in such
case the bids shall not be opened. It may also be noted that subsequent to Employer’s
evaluation of Bids, resulting into award of Contract to a particular bidder, the Integrity
Pact shall form part of the contract.

The following attribute shall be required to be mandatorily confirmed by the bidder at

e-tendering portal, without which its bid cannot be submitted:

“Do you Commit to all the provisions of the Integrity Pact?”

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On Bidder’s acceptance to the above attribute, Bidder / JV Partner(s)/ Consortium

members confirm to have read, understood and unconditionally accept & commit to
all the contents, terms, conditions and undertakings mentioned in the Integrity Pact
which has been pre-signed by the Employer and enclosed with the Bidding
Documents. On Acceptance of the above attribute, Integrity Pact shall be considered
signed by the Bidder / JV Partner(s)/ Consortium members and the same shall come
into force from the date of submission of bid.

Independent External Monitors (IEM)s :

In respect of this tender, the Independent External Monitors (IEM)s would be
monitoring the bidding process and the development and operation of Solar Power
Project(s) to oversee implementation and effectiveness of the Integrity Pact Program.

The Independent External Monitor(s) (IEMs) as mentioned at NTPC tender website

(https://ntpctender.ntpc.co.in/) under Integrity Pact tab have been appointed by
NTPC, in terms of Integrity Pact (IP) which forms parts of the NTPC
Tenders/Contracts.

This panel is authorized to examine / consider all references made to it under this
tender. The bidder(s), in case of any dispute(s) / complaint(s) pertaining to this tender
may raise the issue either with the designated 'Nodal Officer' in NTPC or directly with
the IEMs at following Address:

“The IEMs' Secretariat,

Contracts Services, 6th Floor, EOC,
NTPC Limited, A-8A, Sector-24,
Noida-201301 (UP).”

The Independent External Monitors (IEMs) has the right to access without restriction
to all Project documentations of NTPC including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his Project Documentations. The
same is applicable to Subcontractors. The Monitor is under contractual obligation to
treat the information and documents of the Bidder / Contractor / Sub-Contractors / JV
partners/Consortium member with confidentiality.
GM (RE-CS) or his authorized representative shall be the Nodal Officer for necessary
coordination in this regard.

3.35 If the party, who has downloaded the RfS document, intends to transfer the
documents to the proposed consortium who intends to submit its proposal in place of
the original recipient, it is permissible provided such party shall be one of the
members of proposed consortium. In such event, the proposed consortium shall

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become the new recipient of the document and all terms and conditions of the
document shall apply to the proposed consortium as if the documents were originally
downloaded by them. Then lead member of that consortium can quote on behalf of
consortium through the member of that consortium who has downloaded the RfS
document, provided the person who is submitting the bid on ETS portal has been
given the authorization to submit the bid against the tender as per Format 6.4.

3.36 Parent, Affiliate or Ultimate Parent or any Group Company with which the bidding
company/member of bidding consortium have direct or indirect relationship cannot
bid separately in the same selection process in which the bidding company/member
of bidding consortium is participating. In case it is found at any stage that this
condition is violated, the response to RfS of all such parties will be rejected and if
LOA has been issued or PPA has been signed, the same of all such agencies will be
cancelled and the Bank Guarantees of all such agencies will be encashed.

3.37 Ineligibility for Participation in Retenders

Notwithstanding the provisions specified in clause 3.25, if a bidder after having been
issued the Letter of Award either does not sign the PPA pursuant to Clause 3.14 or
does not submit acceptable Performance Bank Guarantees pursuant to Clause 3.24
then such bidder shall be treated ineligible for participation in re-tendering of this
particular selection process.

3.38 Not Used

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Section 4

EVALUATION CRITERIA

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Section 4

4.0 EVALUATION CRITERIA

The evaluation process comprises of the following three steps:

1. Step I – Responsiveness check
2. Step II – Bid evaluation
3. Step III - Reverse Auction

4.1 Step I - Responsiveness check

The electronic response to RfS submitted by the Bidder shall be scrutinized to

establish “Responsiveness”. Each Bidder’s response to RfS shall be checked for
compliance with the submission requirements set forth in this RfS.

Any of the following conditions shall cause the Bid to be “Non-responsive”:

i) Response to RfS not submitted by the due date and time.
ii) Response to RfS submitted by a Bidding Consortium not including the requisite
Consortium Agreement signed by all members
iii) Response to RfS having Conflict of Interest
iv) Non submission or incomplete submission of any or all of the requisite
documents mentioned at Clause 3.15.
v) In addition to above, any relevant document required as per RfS not submitted
in prescribed format

The determination of a bid’s responsiveness shall be based on the contents of the

bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive,
it will be rejected by NTPC, and may not subsequently be made responsive by the
Bidder by correction of the non-conformity or rectifying the cause for Non-responsive,
However NTPC may waive any minor informality, nonconformity or irregularity in a
bid that does not constitute a material deviation and that does not prejudice or affect
the relative ranking of any bidder, Non–responsive bids will be liable for rejection by
NTPC. The EMD submitted against such Non-responsive bids shall be returned to
the bidders.

4.2 Step II - Bid evaluation

Bid evaluation will be carried out considering the information furnished by Bidders as
prescribed under Section 6 - Formats. This step would involve evaluation of the
response to RfS of the Bidding Company/ Bidding Consortium as per the provisions
specified in Section 3 of this RfS. First the evaluation of technical bid will be done.
Then the financial bid (first round tariff bid) of all the qualified bidders will be opened.

After that Reverse Auction shall be conducted online for which all short-listed bidders
as per methodology mentioned in Section-3 shall be invited to participate.

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4.3 Step III – Reverse Auction

The reverse auction shall be conducted on the website https://www.bharat-
electronictender.com as per detailed methodology mentioned in Section-3.

At the end of selection process, a Letter of Award (LoA) will be issued to the
successful Bidders for each Project. However, PPA with the successful bidder shall
be signed only after signing of Power Sale Agreement (PSA) with the end procurer
and NTPC shall not be liable on any account for any delay / inability in signing of PSA
and PPA.

4.4 At any stage of the bidding process if a bidder is found to be qualified or successful
for less capacity of Projects than applied for, in such cases following provisions shall
apply:

i) EMD shall not be refunded for excess project(s) applied for, until the selection
process is completed or annulled or tender is cancelled or Performance Bank
Guarantee is received and verified in terms of clause 3.24(ii). No such request for
refund of EMD shall be entertained.

ii) Even if the bidder is selected for less capacity of projects than initially applied for,
EMD shall be refunded only after submission and acceptance of applicable
Performance Bank Guarantee.

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Section 5

OTHER PROVISIONS

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Section 5

5.0 OTHER PROVISIONS

The Solar Power Generators are required to obtain all necessary clearances and
permits as required for setting up the Solar Power Projects, including but not limited
to the following:

a. No Objection (NOC) / Environmental clearance (if applicable) for the Project.

b. Forest Clearance (if applicable) for the land for the Project.
c. Approval for Water from the concerned authority (if applicable) required for the
Project.
d. Responsibility for getting ISTS connectivity & getting General Network Access
(GNAfor the Project.
e. Any other clearances as may be legally required, in order to establish and operate
the Project.

The above clearances, as applicable for the Project, shall be required to be

submitted to NTPC prior to commencement of power supply from the Project,
if sought by NTPC. In case of any of the clearances as indicated above being
not applicable for the said Project, the SPG shall submit an undertaking in this
regard, and it shall be deemed that the SPG has obtained all the necessary
clearances for establishing and operating the Project. Any consequences
contrary to the above shall be the responsibility of the SPG. The SPG shall
also comply with all the laws, regulations, orders and procedures issued by the
appropriate authority, applicable for setting up and implementing the Project.

The SPG shall be required to follow the applicable rules regarding project
registration with the State Nodal Agency in line with the provisions of the
applicable policies/regulations of the State where the Projects are being
located. It shall be the responsibility of the SPG to remain updated about the
applicable charges payable to the SNA under the respective State Policy.

Note: The SPG should apply for all the necessary approvals, permits and
clearances not more than 90 days from the Effective Date of the PPA, which
shall be complete in all respects, incorporating the clarifications/changes as
required by the concerned authorities. The above timeline shall be adhered to,
in order to examine cases where the SPG faces delay in grant of the necessary
approvals and permits, for a period substantially greater than the standard
period of grant of approval by the respective organizations.

5.1 Solar Power Generators shall provide the details about the Project (s) as sought by
NTPC / Ministry of New and Renewable Energy (MNRE), Govt. of India and shall

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enter the data/details of the Project(s) in the portal (if any) of MNRE/Govt. of India
from time to time as required.

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Section 6

FORMATS FOR BID SUBMISSION

&
ATTACHMENTS

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6.0 List of Formats, Appendices and Annexures

i. Covering Letter (Format 6.1)

ii. Power of Attorney in favour of Lead Member (Format 6.2)
iii. Earnest Money Deposit (EMD) (Format 6.3 A)
iv. Performance Bank Guarantee to be submitted with NTPC (Format 6.3 B)
v. Board Resolutions (Format 6.4)
vi. Consortium Agreement (Format 6.5)
vii. Financial Requirement (Format 6.6) and Undertaking (Format 6.6A & 6.6 B)
viii. Technical Criteria (Format 6.7)
ix. Disclosure statement (Format 6.8)
x. Declaration by the Bidding Company / Lead Member of Bidding Consortium
for the Proposed Technology Tie Up (Format 6.9);
xi. Undertaking from bidder in accordance with clause no. 3.24.2 of RfS Format
6.10)
xii. Declaration on procurement from certain countries in line with the clause no.-
3.8 A.4 of RfS (Format-6.11)
xiii. Financial Bid (to be fill up online on ETS Portal)
xiv. Integrity Pact (Format 6.12a and 6.12b)
xv. Certificate for compliance (Format 6.13a and 6.13b)
xvi. Declaration on Fraud Prevention Policy (Format 6.14)
xvii. Checklist for Bank Guarantee (Appendix – A);
xviii. Technical Requirement for Grid Connected Solar PV Projects (Annexure-1)
xix. List of Banks for issuance of BGs/ Performance Bank Guarantee (Annexure -
2)
xx. Copy of PPA (Annexure-3)
xxi. Special Instructions to Bidders for e-Tendering (Annexure-4)
xxii. Terms and Conditions of Reverse Auction (Annexure-5)

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Format 6.1 – Format of Covering Letter

(The covering letter should be on the Letter Head of the Bidding Company/ Lead
Member of the Bidding Consortium)

Date: _____________________
From :____________________ [Insert Name and Address of Bidding Company/
Lead Member of the Bidding Consortium]
Tel.#:
Fax#:
E-mail address:

To

NTPC Limited
Renewable Energy - Contract Services,
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Sub: Response to RfS No. NTPC/RE-CS/2024-25/Solar-01 for development/supply of

…….. [Insert capacity of projects applied for] of ISTS-Connected Solar PV power projects
anywhere in India

Dear Sir,
We, the undersigned ……. [insert name of the ‘Bidder’] having read, examined and
understood in detail the RfS including Qualification Requirements in particular and PPA for
supply of solar power for 25 years to NTPC, hereby submit our response to RfS.

We confirm that neither we nor any of our Parent Company/ Affiliate/ Group Company has
submitted response to RfS other than this response to RfS, directly or indirectly, in response
to the aforesaid RfS.

We also confirm that we including our Parent Company/ Affiliate/ Group Companies directly
or indirectly have not submitted response to RfS exceeding cumulative capacity of 600 MW,
including this response to RfS.

We are submitting application for the development of solar projects as per following details:

Sl Capacity of Location of Project Interconnection Proposed CUF

No. Projects applied (Village, Tehsil, Distt., point details
(MW) State)
1.

2.

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Total Capacity (MW)

Note: -
a. Format-6.9 is to be filled separately for each project.
b. The Bidder must ensure the project capacity mentioned should be more than or equal to
50 MW and less than or equal to 600 MW for each project. Delete/Insert rows as
applicable)

1. We give our unconditional acceptance to the RfS No. NTPC/RE-CS/2024-25/Solar-01

and PPA attached thereto, issued by NTPC. In token of our acceptance to the RfS &
PPA, the same have been digitally signed by us and submitted with the response to RfS.
We confirm and undertake that the PPA shall be executed as per the provisions of the
RfS and provisions of PPA shall be binding on us. Further, we confirm that the Project(s)
shall be commissioned within the schedule stipulated in the RfS i.e. within 24 months of
the effective date of PPA.

2. Earnest Money Deposit (EMD) : - The details of BGs/POs submitted towards EMD
are as follows:
Sl. Capacity of the EMD BG/POI Details Amount of BG/POI (Rs.)
No. Project (MW)

1.

3. We have submitted our response to RfS strictly as per Section – 6 (Formats) of this RfS,
without any deviations, conditions and without mentioning any assumptions or notes in
the said Formats. We hereby withdraw any deviation, conditions whether mentioned
explicitly or not in our response to this RfS without any cost to NTPC.

4. Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision made by
the NTPC in respect of any matter regarding or arising out of the RfS shall be binding on
us. We hereby expressly waive any and all claims in respect of this process.

5. Familiarity with Relevant Indian Laws & Regulations

We confirm that we have studied the provisions of the relevant Indian laws and
regulations as required to enable us to submit this response to RfS and execute the PPA
and development of ISTS Connected Solar PV Project(s) or supply of solar power in the
event of our selection as Successful Bidder.
6. We are enclosing herewith our response to the RfS with formats duly digitally signed as
desired by you in the RfS for your consideration.

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7. It is confirmed that our response to the RfS is consistent with all the requirements of
submission as stated in the RfS and subsequent communications from the NTPC.

8. The information submitted in our response to the RfS is correct to the best of our
knowledge and understanding. We would be solely responsible for any errors or
omissions in our response to the RfS.

We confirm that all the terms and conditions of our Bid are valid for a period of upto and
including one hundred and eighty (180) days from the technical bid opening date unless
extended by us on your request and it shall remain binding upon us and may be accepted
by you at any time before the expiration of that period.

9. We hereby understand and confirm that NTPC reserves its right to verify the documents
furnished by us at the time of submission of RfS including availability of the Net Worth to
the extent claimed in the RfS with the original documents and bank statements and the
shareholding of the Project Company along with a copy of complete documentary
evidence supported with originals at any stage from evaluation upto the expiry of PPA.

We understand and confirm that if the aforesaid documents furnished by us are found to
be misleading or misrepresenting in any way, NTPC shall be free to take appropriate
action including forfeiture of EMD and blacklisting us for an appropriate period decided
by NTPC.

10. We, hereby, declare that only the persons or firms interested in this bid as named here
and that no other persons or firms other than those mentioned herein have any interest
in this bid or in the PPA to be entered into. We confirm that this bid is made without any
connection with any other person, firm or party likewise submitting a bid. We further
confirm that this bid is submitted in good faith and without collusion or fraud.

11. Contact Person

Details of the contact person are furnished as under:
Name : …………………………………….
Designation : ………………………………………..
Company : …………………………………….
Address : …………………………………….
Phone Nos. : ……………………………………….
Fax Nos. : ………………………………………….
E-mail address: …………………………………………..

12. We confirm that we have understood that we shall approach concerned

authorities/departments directly for allotment of land, timelines for availability,
possession and connectivity for the Project(s) allotted to us, if any and that NTPC shall
not in any way, directly or indirectly, be responsible and liable for these matters. We also
confirm that we shall be overall responsible to complete all the activities related to

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Project Development at our own risk and cost.

13. We have neither made any statement nor provided any information in this Bid, the best
of our knowledge is materially inaccurate or misleading. Further, all the confirmations,
declarations and representations made in our Bid are true and accurate. In case this is
found to be incorrect after our selection as Successful Bidder, we agree that the same
would be treated as a Seller’s event of default under PPA, and consequent provisions of
PPA shall apply.

14. If a Project Company/SPV is formed to sign the PPA and execute the Project after we
are selected as successful bidder, all terms and conditions of RfS document including
PPA shall apply to Project Company also wherever applicable. Further we confirm that
Project Company shall sign the Integrity pact with NTPC as per Format 6.12b and submit
certificates as per format 6.13b of RfS document.

Dated the _________ day of _________ , 20…

Thanking you,
Yours faithfully,
(Name, Designation and Signature of Person Authorized by the board as per Clause 3.15 A
(3) (a))

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 72

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.2 – Format for Power of Attorney to be provided by each of the other
members of the Consortium in favor of the Lead Member

POWER OF ATTORNEY

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to
place of execution.)

KNOW ALL MEN BY THESE PRESENTS THAT …………….……………. [Name of the

Consortium member company] having its registered office at …………………………..……..,
…..,..…and …………………….…. [Name of the Consortium member company] having its
registered office at ………………………………….. , (Insert names and registered offices of
all Members of the Consortium) the Members of Consortium have formed a Bidding
Consortium named …………. [Insert name of the Consortium if finalized] (hereinafter called
the ‘Consortium’) vide Consortium Agreement dated………..……………….. (copy enclosed)
and having agreed to appoint ……………………………..…[Name & Address of the Lead
Member Company] as the Lead Member of the said Consortium do hereby constitute,
nominate and appoint M/s…………….…………..a company incorporated under the laws of
……….………and having its Registered /Head Office at ……………………..……….as our
duly constituted lawful Attorney (hereinafter called as Lead Member) to exercise all or any
of the powers for and on behalf of the Consortium in regard to submission of the response
to RfS and to participate in subsequent bidding process (in the event of short-listing as a
qualified bidder). We also authorize the said Lead Member to undertake the following acts:

i) To submit on behalf of Consortium Members response to RfS and if required, to

participate in subsequent bidding process.

ii) To do any other acts or submit any information and documents related to the above
response to RfS, if required.

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

Successful Bidder, this Power of Attorney shall remain valid, binding and irrevocable
until the Bidding Consortium achieves execution of PPA.

We as the Member of the Consortium agree and undertake to ratify and confirm all
whatsoever the said Attorney/Lead Member has done on behalf of the Consortium Members
pursuant to this Power of Attorney and the same shall bind us and deemed to have been
done by us.

IN WITNESS WHEREOF …………………………………………..……. [Name of member

consortium Company], as the Member of the Consortium have executed these presents on
this……….. day of ........under the Common Seal of our company.

For and on behalf of Consortium Member

M/s………………………….

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 73

Request for Selection of ISTS Connected Solar Projects of 1200 MW

--------------------------------
(Signature of person authorized by the Board)

(Name
Designation
Place:
Date:)

Accepted

---------------------------------
(Signature, Name, Designation and Address
of the person authorised by the board of the Lead Member)

Attested

---------------------
(Signature of the executant)

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

Place:----------------
Date:------------------

Note: - Lead Member in the Consortium shall have the controlling shareholding of not less
than 51 % in the bidding Consortium.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 74

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.3 A – Format for BG for Earnest Money Deposit

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

In consideration of the ---- [Insert name of the Bidder] (hereinafter referred to as 'Bidder')
submitting the response to RfS inter alia for selection of the Solar-PV Power Project of the
capacity of ……….. MW, for supply of power there from on long-term basis, in response to
the RfS no. ………….. dated …………. issued by NTPC Limited (hereinafter referred to as
‘NTPC’) and NTPC considering such response to the RfS of ………[Insert the name of the
Bidder] as per the terms of the RfS, the _______________ [insert name & address of the
Bank] (hereinafter calld as Guarantor Bank) hereby agrees unequivocally, irrevocably and
unconditionally to pay to NTPC having Registered Office at NTPC Bhawan, Core-7, SCOPE
Complex, 7, Institutional Area, New Delhi – 110003 forthwith on demand in writing from
NTPC or any Officer authorised by it in this behalf, any amount upto and not exceeding
Rupees ------ [Insert amount not less than that derived on the basis of Rs. 11.60 Lakh per
MW of capacity proposed] only, on behalf of _______________________ [Insert name of
the Bidder] .

This guarantee shall be valid and binding on this Guarantor Bank up to and including
___________ [Insert date of validity in accordance with clause 3.24 (i) of this RfS] and shall
not be terminable by notice or any change in the constitution of the Guarantor Bank or the
term of contract or by any other reasons whatsoever and our liability hereunder shall not be
impaired or discharged by any extension of time or variations or alternations made, given,
or agreed with or without our knowledge or consent, by or between parties to the respective
Agreement.

Our liability under this Guarantee is restricted to Rs. ___________ (Rs.

________________________ only). Our Guarantee shall remain in force until
________________ [insert date of validity in accordance with clause 3.24 (i) of this RfS].
NTPC shall be entitled to invoke this Guarantee till _____ [insert date of validity in
accordance with clause 3.24(i) of this RfS].

The Guarantor Bank hereby agrees and acknowledges that the NTPC shall have a right to
invoke this BANK GUARANTEE in part or in full, as it may deem fit.

The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition
to the written demand by NTPC, made in any format, raised at the above mentioned address
of the Guarantor Bank, in order to make the said payment to NTPC.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by ------------- [Insert name of the Bidder]
and/or any other person. The Guarantor Bank shall not require NTPC to justify the invocation

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 75

Request for Selection of ISTS Connected Solar Projects of 1200 MW

of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against NTPC
in respect of any payment made hereunder

This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Delhi shall have exclusive jurisdiction.

The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.

This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and
accordingly NTPC shall not be obliged before enforcing this BANK GUARANTEE to take
any action in any court or arbitral proceedings against the Bidder, to make any claim against
or any demand on the Bidder or to give any notice to the Bidder or to enforce any security
held by NTPC or to exercise, levy or enforce any distress, diligence or other process against
the Bidder.

The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to NTPC
and may be assigned, in whole or in part, (whether absolutely or by way of security) by
NTPC to any entity to whom NTPC is entitled to assign its rights and obligations under the
PPA.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is

restricted to Rs. ___________ (Rs. ________________________ only) and it shall remain
in force until ___________ [Date to be inserted on the basis of Clause 3.24(i) of this RfS].
We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only if NTPC 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 ____, 20__

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 76

Request for Selection of ISTS Connected Solar Projects of 1200 MW

FORMAT 6.3 (A-1)

FORMAT OF PAYMENT ON ORDER INSTRUMENT TO BE ISSUED BY IREDA/REC/PFC (IN

LIEU OF BG TOWARDS EMD)
No. Date
NTPC, Registered
__________,
__________

Reg: M/s ________________(insert name of the Bidder) – Issuance of Payment on Order Instrument
for an amount of Rs._____________

Dear Sir,

1. It is to be noted that M/s. ____________(insert name of the POI issuing Agency)

(‘IREDA/REC/PFC’) has sanctioned a non-fund based limit loan of Rs. ___________
(Rupees____________only) to M/s _________________ under the Loan Agreement executed on
___________ to execute Renewable Energy Projects.

2. At the request of M/s ________________, on behalf of ________________ (insert name of the

Bidder), this Payment on Order Instrument (POI) for an amount of Rs. _____________
(Rupees_________(in words)). This Payment on Order Instrument comes into force immediately.

3. In consideration of the ___________________________________ [Insert name of the Bidder]

(hereinafter referred to as 'Bidder') submitting the response to RfS inter alia for “Setting up of
1200 MW ISTS connected Solar Power Projects anywhere in India” of the cumulative capacity of
………. MW [Insert cumulative Project capacity proposed] for supply of power there from on long
term basis, in response to the RfS No. ____________ dated ___________ issued by NTPC Limited
(hereinafter referred to as NTPC) and NTPC considering such response to the RfS of ………[Insert
the name of the Bidder] as per the terms of the RfS, the _______________ [Insert name &
address of IREDA/PFC/REC] hereby agrees unequivocally, irrevocably and unconditionally to pay
to NTPC at [Insert Name of the Place from the address of NTPC] forthwith without demur on
demand in writing from NTPC or any Officer authorized by it in this behalf, any amount up to and
not exceeding Rupees ________________ [Insert amount not less than that derived on the basis
of Rs. 11.60 Lakhs per MW of cumulative capacity proposed], only, on behalf of M/s
_______________________ [Insert name of the Bidder].
4. In consideration of the above facts, IREDA/REC/PFC, having its registered office at
_________________, agrees to make payment for the sum of Rs. __________ lakhs (in
words…………………………….) to NTPC on the following conditions:-

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 77

Request for Selection of ISTS Connected Solar Projects of 1200 MW

(a) IREDA/REC/PFC agrees to make payment of the above said amount unconditionally, without
demur and without protest within a period of _____ days of receipt of request from NTPC
within the validity period of this letter as specified herein;
(b) The commitment of IREDA/REC/PFC, under this Payment of Order Instrument will have the
same effect as that of the commitment under the Bank Guarantee issued by any Public Sector
Bank and shall be enforceable in the same manner as in the case of a Bank Guarantee issued
by a Bank and the same shall be irrevocable and shall be honored irrespective of any
agreement or its breach between IREDA/REC/PFC or its constituents notwithstanding any
dispute that may be raised by the against NTPC;
(c) The liability of IREDA/REC/PFC continues to be valid and binding on IREDA/REC/PFC and shall
not be terminated, impaired and discharged, by virtue of change in its constitution and
specific liability under letter of undertaking shall be binding on its successors or assignors;
(d) The liability of IREDA/REC/PFC shall continue to be valid and binding on IREDA/REC/PFC and
shall not be terminated/ impaired/ discharged by any extension of time or variation and
alternation made given or agreed with or without knowledge or consent of the parties (NTPC
and Bidding Party), subject to the however to the maximum extent of amount stated herein
and IREDA/REC/PFC is not liable to any interest or costs etc.;
(e) This Payment of Order Instrument can be invoked either partially or fully, till the date of
validity;
(f) IREDA/REC/PFC agrees that it shall not require any proof in addition to the written demand
by NTPC made in any format within the validity period. IREDA/REC/PFC shall not require
NTPC to justify the invocation of the POI against the SPG, to make any claim against or any
demand against the SPG or to give any notice to the SPG;
(g) The POI shall be the primary obligation of IREDA/REC/PFC and NTPC shall not be obliged
before enforcing the POI to take any action in any court or arbitral proceedings against the
SPG;
(h) Neither NTPC is required to justify the invocation of this POI nor shall IREDA/REC/PFC have
any recourse against NTPC in respect of the payment made under letter of undertaking;

5. Notwithstanding anything contrary contained anywhere in this POI or in any other documents,
this POI is and shall remain valid up to ________________ and IREDA/REC/PFC shall make
payment thereunder only if a written demand or request is raised within the said date and to the
maximum extent of Rs. …………………….. and IREDA/REC/PFC shall in no case, be liable for any
interest, costs, charges and expenses and IREDA’s/REC’s/PFC’s liability in no case will exceed more
than the above amount stipulated.

Thanking you,

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 78

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Yours faithfully
For and on behalf of
M/s. ______________________
(Name of the POI issuing agency).

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 79

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Appendix-1 to Format 6.3 A

Format of Undertaking
(To be sent by Issuing Bank through official email-ID)

From: [email protected] [Official E-Mail ID of Bank]

To: ***@ntpc.co.in [E-Mail ID(s) as per RfS]

We have issued BG No. …………………… dated ………………… for an amount of

Rs. ………………… on behalf of …………………[Name of Bidder] towards Bid
Security / EMD for Tender No. ………… in favour of ………………… [Name of
Employer].

Please find enclosed the soft copy of the Bank Guarantee and SFMS
acknowledgement. This SFMS is sent on ………………. (date).

Any demand / claim made by the 'Employer' shall be conclusive and binding on us
irrespective of any dispute or difference raised by the Bidder till the validity period
mentioned in the Bank Guarantee.

However, in absence of the physical copy of aforementioned BG with the Employer,

we undertake that Employer’s demand / claim will be binding and conclusive on us
without the physical copy of aforementioned BG till fourteen (14) days from the due
date of submission of Techno-Commercial bids.

We undertake not to cancel the aforementioned BG No. …………… without written

consent / instruction from NTPC Limited.

(Name of Bank Official)

[Bank Name]
Authority No. …..

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 80

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.3 B – Format for Performance Bank Guarantee

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

In consideration of the ----- [Insert name of the Bidder] (hereinafter referred to as selected
‘Solar Power Generator or ‘SPG’) having its registered office at ……………………submitting
the response to RfS inter alia for selection of the project of the capacity of ……….. MW, for
supply of power there from on long term basis, in response to the RfS no. ………… dated
…………. issued by NTPC Limited (hereinafter referred to as NTPC) having Registered
Office at NTPC Bhawan, Core-7, SCOPE Complex, 7, Institutional Area, New Delhi –
110003 and NTPC considering such response to the RfS of ………[insert the name of the
selected Solar Power Generator] (which expression shall unless repugnant to the context or
meaning thereof include its executers, administrators, successors and assignees) and
selecting the Solar Power Project of the Generator and issuing Letter of Award No -------
Dated_____ to (Insert Name of selected Solar Power Generator ) as per terms of RfS and
the same having been accepted by the selected SPG resulting in a Power Purchase
Agreement (PPA) to be entered into, for purchase of Power [from selected Solar Power
Generator or a Project Company, ------------- {a Special Purpose Vehicle (SPV) formed for
this purpose}, if applicable]. As per the terms of the RfS, the _______________ [insert name
& address of Bank] (hereinafter referred to as the ‘Guarantor Bank’) hereby agrees
unequivocally, irrevocably and unconditionally to pay to NTPC at [Insert Name of the Place
from the address of the NTPC] forthwith on demand in writing from NTPC or any Officer
authorised by it in this behalf, any amount upto and not exceeding Rupees------ [Total Value]
only, on behalf of __________ [Insert name of the selected Solar Power Generator / Project
Company]

This bank guarantee shall be valid and binding on this Guarantor Bank up to and including
_________ and shall not be terminable by notice or any change in the constitution of the
Guarantor 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 Bank Guarantee is restricted to Rs. ___________ (Rs.
________________________ only). Our Bank Guarantee shall remain in force until
______NTPC shall be entitled to invoke this Bank Guarantee till _______.

The Guarantor Bank hereby agrees and acknowledges that the NTPC shall have a right to
invoke this BANK GUARANTE in part or in full, as it may deem fit.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 81

Request for Selection of ISTS Connected Solar Projects of 1200 MW

The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition
to the written demand by NTPC, made in any format, raised at the above mentioned address
of the Guarantor Bank, in order to make the said payment to NTPC.

The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by ------------- [Insert name of the selected
Solar Power Generator / Project Company as applicable] and/or any other person. The
Guarantor Bank shall not require NTPC to justify the invocation of this BANK GUARANTEE,
nor shall the Guarantor Bank have any recourse against NTPC in respect of any payment
made hereunder.

This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Delhi shall have exclusive jurisdiction.

The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.

This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and
accordingly NTPC shall not be obliged before enforcing this BANK GUARANTEE to take
any action in any court or arbitral proceedings against the selected Solar Power Generator
/ Project Company , to make any claim against or any demand on the selected Solar Power
Generator / Project Company or to give any notice to the selected Solar Power Generators
/ Project Company or to enforce any security held by NTPC or to exercise, levy or enforce
any distress, diligence or other process against the selected Solar Power Generator / Project
Company .

The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to NTPC
and may be assigned, in whole or in part, (whether absolutely or by way of security) by
NTPC to any entity to whom NTPC is entitled to assign its rights and obligations under the
PPA.

Notwithstanding anything contained hereinabove, our liability under this Bank Guarantee is
restricted to Rs. ___________ (Rs. ________________________ only) and it shall remain
in force until ________. We are liable to pay the guaranteed amount or any part thereof
under this Bank Guarantee only if NTPC serves upon us a written claim or demand.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 82

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Signature ____________________
Name___________________
Power of Attorney No._______________

For
______[Insert Name of the Bank]__

Banker's Stamp and Full Address.

Dated this ____ day of ____, 20__

Witness:

1. …………………………………….

Signature

Name and Address

2. …………………………………..

Signature

Name and Address

Notes:

1. The Stamp Paper should either in the name of the executing Bank or the party on
whose behalf the BG has been issued.

2. The Performance Bank Guarantee shall be executed by any of the Bank from the
List of Banks enclosed.

3. The BG should be on Non-judicial stamp-paper/ e-stamp paper of appropriate value

as per stamp Act prevailing in the state (s) where the BG is submitted or is to be
acted upon or the rate prevailing in the state where the BG is executed, whichever
is higher. The stamp paper/ e-stamp paper shall be purchased in the name of
bidder/ Bank issuing the guarantee

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.3 C

FORMAT OF PAYMENT ON ORDER INSTRUMENT TO BE ISSUED BY

IREDA/REC/PFC (IN LIEU OF PBG)

No. Date
NTPC,
Registered
__________,
__________

Reg: M/s ________________(insert name of the PPA signing entity) (LOA No.
__________(insert LOA issued by NTPC) – Issuance of Payment on Order Instrument
for an amount of Rs._____________

Dear Sir,

1. It is to be noted that M/s. ____________(insert name of the POI issuing Agency)

(‘IREDA/REC/PFC’) has sanctioned a non-fund based limit loan of Rs.
___________ (Rupees____________only) to M/s _________________ under the
Loan Agreement executed on ___________ to execute Renewable Energy Projects.
2. At the request of M/s ________________, on behalf of ________________ (Insert
name of the SPV), this Payment on Order Instrument (POI) for an amount of Rs.
_____________(Rupees_________(in words)). This Payment on Order Instrument
comes into force immediately.
3. In consideration of the ----- [Insert name of the Bidder] (hereinafter referred to as
selected Solar Power Generator') submitting the response to RfS inter alia for
selection of Contracted Capacity of ……….. MW, at …………[Insert name of the
place] under RfS for ________________(insert name of the RfS), for supply of power
there from on long term basis, in response to the RfS dated………… issued by NTPC
Limited (hereinafter referred to as NTPC) and NTPC considering such response to
the RfS of ………[insert the name of the selected Solar Power Generator] (which
expression shall unless repugnant to the context or meaning thereof include its
executers, administrators, successors and assignees) and selecting the Project of
the Solar Power Generator (SPG) and issuing Letter of Award No ------- to (Insert
Name of selected Solar Power Generator) as per terms of RfS and the same having
been accepted by the selected SPG resulting in a Power Purchase Agreement (PPA)
to be entered into, for purchase of Power [from selected Soalr Power Generator or
a Project Company, M/s ------------- {a Special Purpose Vehicle (SPV) formed for this
purpose}, if applicable ]. As per the terms of the RfS, the _______________ [insert
name & address of IREDA/PFC/REC] hereby agrees unequivocally, irrevocably and
unconditionally to pay to NTPC at [Insert Name of the Place from the address of the
NTPC] forthwith on demand in writing from NTPC or any Officer authorized by it in
this behalf, any amount up to and not exceeding Rupees------ [Total Value] only, on
behalf of M/s __________ [Insert name of the selected Solar Power Generator /
Project Company].

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4. In consideration of the above facts, IREDA/REC/PFC, having its registered office at

_________________, agrees to make payment for the sum of Rs. __________
lakhs (in words…………………………….) to NTPC on the following conditions:-
(i) IREDA/REC/PFC agrees to make payment of the above said amount unconditionally,
without demur and without protest within a period of _____ days of receipt of request
from NTPC within the validity period of this letter as specified herein;
(ii) The commitment of IREDA/REC/PFC, under this Payment of Order Instrument will
have the same effect as that of the commitment under the Bank Guarantee issued
by any Public Sector Bank and shall be enforceable in the same manner as in the
case of a Bank Guarantee issued by a Bank and the same shall be irrevocable and
shall be honored irrespective of any agreement or its breach between
IREDA/REC/PFC or its constituents notwithstanding any dispute that may be raised
by the against NTPC;
(iii) The liability of IREDA/REC/PFC continues to be valid and binding on
IREDA/REC/PFC and shall not be terminated, impaired and discharged, by virtue of
change in its constitution and specific liability under letter of undertaking shall be
binding on its successors or assignors;
(iv) The liability of IREDA/REC/PFC shall continue to be valid and binding on
IREDA/REC/PFC and shall not be terminated/ impaired/ discharged by any extension
of time or variation and alternation made given or agreed with or without knowledge
or consent of the parties (NTPC and Bidding Party), subject to the however to the
maximum extent of amount stated herein and IREDA/REC/PFC is not liable to any
interest or costs etc.;
(v) This Payment of Order Instrument can be invoked either partially or fully, till the date
of validity;
(vi) IREDA/REC/PFC agrees that it shall not require any proof in addition to the written
demand by NTPC made in any format within the validity period. IREDA/REC/PFC
shall not require NTPC to justify the invocation of the POI against the SPG, to make
any claim against or any demand against the SPG or to give any notice to the SPG;
(vii) The POI shall be the primary obligation of IREDA/REC/PFC and NTPC shall not be
obliged before enforcing the POI to take any action in any court or arbitral
proceedings against the SPG;
(viii) Neither NTPC is required to justify the invocation of this POI nor shall
IREDA/REC/PFC have any recourse against NTPC in respect of the payment made
under letter of undertaking;

5. Notwithstanding anything contrary contained anywhere in this POI or in any other

documents, this POI is and shall remain valid upto________________ and
IREDA/REC/PFC shall make payment thereunder only if a written demand or
request is raised within the said date and to the maximum extent of
Rs………………………..and IREDA/REC/PFC shall in no case, be liable for any
interest, costs, charges and expenses and IREDA’s/REC’s/PFC’s liability in no case
will exceed more than the above amount stipulated.

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Thanking you,

Yours faithfully
For and on behalf of
M/s. ______________________
(name of the POI issuing agency).

Format-6.3 D

(BG/POI forwarding letter from Bank to Unified Treasury in Bank’s letterhead)

To
Unified Treasury (BG Group)
Administrative Building, NCPS, Dadri
NTPC Limited,
PO. Vidyut Nagar
Distt: Gautam Budh Nagar,

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 86

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Uttar Pradesh- 201008.

Sub: Submission of Bank Guarantee

Bank Guarantee No.

Date of Issue dd.mm.yyyy
Guarantee Amount Currency Amount
Date of Expiry of BG dd.mm.yyyy
Last date of lodgement of claim dd.mm.yyyy
Name, Address and IFSC code Name:
of BG issuing Bank Address:
IFSC code:
Contract/Letter of Award/PO No.

Name & Address of the Applicant Name:

/ Contractor Address:

We confirm that SFMS has been sent to your beneficiary bank as below:

ICICI Bank Limited, Connaught Place Branch,

9A, Phelps Building, Inner Circle, New Delhi - 110001
IFSC Code: ICIC0000007

We also confirm the genuineness of the signatures appearing on the said guarantee/extension
and further also confirm that the same has been signed by the competent authority of the bank.

Signature with Seal

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.4 –Format for Board Resolutions

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/ Companies Act, 2013 (delete the other which is not applicable),
passed the following Resolution:

1. RESOLVED THAT Mr./Ms. ………………., be and is hereby authorized to do on our

behalf, all such acts, deeds and things necessary in connection with or incidental to our
response to RfS no. NTPC/RE-CS/2024-25/Solar-01, for the Project, “SETTING UP
OF 1200 MW ISTS-CONNECTED SOLAR PV POWER PROJECTS ANYWHERE IN
INDIA ”, including signing and submission of all documents and providing information /
response to RfS to NTPC, representing us in all matters before NTPC, and generally
dealing with NTPC in all matters in connection with our bid including participation in
Reverse Auction for the said Project. (To be provided by the Bidding Company or
the Lead Member of the Consortium)

2. FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956/
Companies Act, 2013 (delete the other which is not applicable) and compliance thereof
and as permitted under the Memorandum and Articles of Association of the company,
approval of the Board be and is hereby accorded to invest total equity in the Project. (To
be provided by the Bidding Company)

[Note: In the event the Bidder is a Bidding Consortium, in place of the above
resolution at Sl. No. 2, the following resolutions are to be provided by the each
Member of the Bidding Consortium including Lead Member such that total equity
commitment is 100%]

FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 /
Companies Act, 2013 (delete the other which is not applicable) and compliance thereof
and as permitted under the Memorandum and Articles of Association of the company,
approval of the Board be and is hereby accorded to invest (-----%) equity [Insert the %
equity commitment as specified in Consortium Agreement] in the Project. (To be
provided by the each Member of the Bidding Consortium including Lead Member
such that total equity commitment is 100%)

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

participate in consortium with ------------[Insert the name of other Members in the
Consortium] and Mr/Ms.………………., be and is hereby authorized to execute the
Consortium Agreement. (To be provided by the each Member of the Bidding
Consortium including Lead Member)

And

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

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

contribute such additional amount over and above the percentage limit (specified for the
Lead Member and other member in the Consortium Agreement) to the extent becoming
necessary towards the total equity share in the Project Company, obligatory on the part
of the Consortium pursuant to the terms and conditions contained in the Consortium
Agreement to be executed by the Consortium as per the provisions of the RfS. [To be
passed by the Lead Member and other members of the Bidding Consortium]

3. FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to M/s.
………. [Insert name of Bidding Company/ Consortium Member(s)] to use our financial
capability for meeting the Qualification Requirements for “SETTING UP 1200 MW ISTS-
CONNECTED SOLAR PV POWER PROJECTS ANYWHERE IN INDIA ” and confirm
that all the equity investment obligations of M/s…….(Insert Name of Bidding Company/
Consortium Member(s)] for development of selected project(s), shall be deemed to be
our equity investment obligations and in the event of any default the same shall be met
by us. The Board also confirms and undertake that in case M/s ………………[Insert
name of Bidding Company/ Consortium Member(s)] fails to submit the requisite
Performance Bank Guarantee in terms of Request for Selection Document, the same
shall be submitted by us on its behalf. [To be passed by the entity(s) whose financial
credentials have been used i.e. Parent and / or its affiliate.]

Certified true copy

----------------------------
(Signature, Name and stamp of Company Secretary / Director)

Notes:

1) This certified true copy should be submitted on the letterhead of the Company, signed
by the Company Secretary / Director.

2) The contents of the format may be suitably re-worded indicating the identity of the
entity passing the resolution.

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/ Companies Act,
2013 (delete the other which is not applicable) may be suitably modified to refer
to the laws applicable to the entity submitting the resolution. However, in such
case, the foreign entity shall submit an unqualified opinion issued by the legal
counsel of such foreign entity, stating that the Board resolutions are in
compliance with the applicable laws of the respective jurisdictions of the
issuing company and the authorizations granted therein are true and valid.

4) In case a Sub-Committee/Management Committee has been authorised by the Board

of a Company for making the Resolution(s) mentioned here in above, these

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Resolution(s) can be passed by that Sub Committee and the same may be submitted
along with Board Resolution in which the Sub Committee has been authorised By
Board to pass such Resolution(s).

5) In case of a Consortium the respective Boards of all Consortium Members should

pass the aforesaid Resolution before execution of Consortium Agreement.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 90

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.5 – Format for Consortium Agreement

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place
of execution)

THIS Consortium Agreement (“Agreement”) executed on this_______________ day of

___________ Two thousand___________ between M/s [insert name of Lead
Member]_______________________________________________ a Company
incorporated under the laws of _____________________ and having its Registered Office
at ___________________ (hereinafter called the “Member-1”, which expression shall
include its successors, executors and permitted assigns) and M/s
____________________________________ a Company incorporated under the laws of
____________________________________ and having its Registered Office at
____________________________________ (hereinafter called the “Member-2”, which
expression shall include its successors, executors and permitted assigns), M/s
____________________________________a Company incorporated under the laws of
____________________________________ and having its Registered Office at
____________________________________ (hereinafter called the “Member-n”, which
expression shall include its successors, executors and permitted assigns), [The Bidding
Consortium should list the details of all the Consortium Members] for the purpose of
submitting response to RfS, and execution of Power Purchase Agreement (in case of
award), against RfS No. _____________________dated _______issued by NTPC Limited
(hereinafter referred to as “NTPC”) a Company incorporated under the [Companies Act,
1956/ Companies Act, 2013 (delete the other which is not applicable), and having its
Registered Office at ________ or ______________constituted under

WHEREAS, each Member individually shall be referred to as the “Member” and all of the
Members shall be collectively referred to as the “Members” in this Agreement.

WHEREAS, the NTPC had invited response to RfS vide its Request for Selection (RfS)
No.________________________dated ____________

WHEREAS the NTPC shall purchase power through Power Purchase Agreement ;

WHEREAS the RfS stipulates that in case response to RfS is being submitted by a Bidding
Consortium, the Members of the Consortium will have to submit a legally enforceable
Consortium Agreement in a format specified by NTPC wherein the Consortium Members
have to commit equity investment of a specific percentage for the Project.

NOW THEREFORE, THIS AGREEMENT WITNESSTH AS UNDER:

In consideration of the above premises and agreements all the Members in this Bidding
Consortium do hereby mutually agree as follows:

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

1. We, the Members of the Consortium and Members to the Agreement do hereby
unequivocally agree that Member-1 (M/s_______________), shall act as the Lead
Member as defined in the RfS for self and agent for and on behalf of Member-2, -----
, Member-n.

2. The Lead Member is hereby authorised by the Members of the Consortium and
Members to the Agreement to bind the Consortium and receive instructions for and
on their behalf.

3. Notwithstanding anything contrary contained in this Agreement, the Lead Member

shall always be liable for the equity (as well as total financing if committed to be met
from internal financing) investment obligations of all the Consortium Members i.e. for
both its own liability as well as the liability of other Members.

4. The Lead Member shall be liable and responsible for ensuring the individual and
collective commitment of each of the Members of the Consortium in discharging all
of their respective equity as well as other financing if committed to be met internally
obligations. Each Member further undertakes to be individually liable for the
performance of its part of the obligations without in any way limiting the scope of
collective liability envisaged in this Agreement.

5. Subject to the terms of this Agreement, the share of each Member of the Consortium
in the issued equity share capital of the Project Company is/shall be in the following
proportion:

Name Percentage
Member 1 ---
Member 2 ---
Member n ---
Total 100%

We acknowledge that after execution of PPA, the controlling shareholding (more than
50%) in the Project Company developing the Project shall be maintained for a period
of at-least (1) one year after SCSD.

6. The Lead Member, on behalf of the Consortium, shall inter alia undertake full
responsibility for liasoning with Lenders or through internal accruals and mobilizing
debt resources for the Project, and ensuring that the Seller achieves commencement
of supply of power from the projects under this RfS Financial Closure in terms of the
PPA.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

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

requirements commitment by any of the Consortium Members, the Lead Member
shall be liable for the consequences thereof.

8. Except as specified in the Agreement, it is agreed that sharing of responsibilities as

aforesaid and equity investment obligations thereto shall not in any way be a limitation
of responsibility of the Lead Member under these presents.

9. It is further specifically agreed that the financial liability for equity contribution of the
Lead Member shall not be limited in any way so as to restrict or limit its liabilities. The
Lead Member shall be liable irrespective of its scope of work or financial
commitments.

10. This Agreement shall be construed and interpreted in accordance with the Laws of
India and courts at [ ----- ] alone shall have the exclusive jurisdiction in all matters
relating thereto and arising there under.

11. It is hereby further agreed that in case of being selected as the Successful Bidder,
the Members do hereby agree that they shall furnish the Performance Guarantee in
favour of NTPC in terms of the RfS.

12. It is further expressly agreed that the Agreement shall be irrevocable and shall form
an integral part of the Power Purchase Agreement (PPA) and shall remain valid until
the expiration or early termination of the PPA in terms thereof, unless expressly
agreed to the contrary by NTPC.

13. The Lead Member is authorized and shall be fully responsible for the accuracy and
veracity of the representations and information submitted by the Members
respectively from time to time in the response to RfS.

14. It is hereby expressly understood between the Members that no Member at any given
point of time, may assign or delegate its rights, duties or obligations under the PPA
except with prior written consent of NTPC.

15. This Agreement

(a) has been duly executed and delivered on behalf of each Member hereto and
constitutes the legal, valid, binding and enforceable obligation of each such
Member;

(b) sets forth the entire understanding of the Members hereto with respect to the
subject matter hereof; and

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

(c) may not be amended or modified except in writing signed by each of the
Members and with prior written consent of NTPC.

16. All the terms used in capitals in this Agreement but not defined herein shall have the
meaning as per the RfS & PPA.

IN WITNESS WHEREOF, the Members have, through their authorised representatives,

executed these present on the Day, Month and Year first mentioned above.

For M/s-----------------------------[Member 1]

-----------------------------------------
(signature, Name & Designation of the person authorized vide Board Resolution Dated [●])

Witnesses:

1) Signature----------------------- 2) Signature ---------------------

Name: Name:
Address: Address:

For M/s-----------------------------[Member 2]

-----------------------------------------
(signature, Name & Designation of the person authorized vide Board Resolution Dated [●])

Witnesses:
1) Signature ----------------------- 2) Signature ----------------------
Name: Name:
Address: Address:

For M/s-----------------------------[Member n]

-----------------------------------------
(signature, Name & Designation of the person authorized vide Board Resolution Dated [●])

Witnesses:
1) Signature ----------------------- (2) Signature ----------------------
Name: Name:
Address: Address:

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 94

Request for Selection of ISTS Connected Solar Projects of 1200 MW

__________________________________________
Signature and stamp of Notary of the place of execution

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 95

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.5 A–UNDERTAKING FROM THE BIDDER IN CASE OF BIDDING

CONSORTIUM
IN ACCORDANCE WITH CLAUSE NO. 3.8.A.2 & 3.8.A.7 OF RFS

(To be submitted by Bidder alongwith the Technical Bid)

Ref. : Date :

To
NTPC Limited,
Renewable Energy - Contract Services
4th Floor, NETRA Building, NTPC Ltd., E-3, Ecotech-II,
Udyog Vihar, Greater Noida, Gautam Budh Nagar,
Uttar Pradesh, India, Pin- 201306

Dear Sir,

We hereby undertake that in case we are shortlisted and selected based on this RfS No.
NTPC/RE-CS/2024-25/Solar-01, we shall form a Project Company and get it registered
under the Companies Act, 2013 prior to signing of PPA, keeping the original shareholding
of the Bidding Consortium unchanged as indicated in the Consortium Agreement.

In case of applications for multiple Projects submitted by us, we, further, undertake that, we
shall form separate Project Companies for each Project keeping the original shareholding
of the Bidding Consortium in each project company unchanged as indicated in the
Consortium Agreement.

We, further undertake that the shareholding pattern of the Project Company formed as
above shall not change till the signing of PPA and the Controlling Shareholding (held by the
Lead Member holding not less than 51% of the voting rights and paid-up share capital) shall
also not change from submission deadline of response to RfS up to one year after the SCSD
of the Project without the permission of NTPC.

(Signature & Name of the person Authorised By

the Board)Name of the Bidder

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.5 B -UNDERTAKING FROM THE BIDDER IN CASE OF FOREIGN COMPANY

PARTICIPATING ON STANDALONE BASIS
IN ACCORDANCE WITH CLAUSE NO. 3.8.A.3 OF RFS

(To be submitted by Bidder alongwith the Technical Bid)

Ref. : Date :

To
NTPC Limited,
Renewable Energy - Contract Services
4th Floor, NETRA Building, NTPC Ltd., E-3, Ecotech-II,
Udyog Vihar, Greater Noida, Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sir,

We hereby undertake that in case we are shortlisted and selected based on this RfS No.
NTPC/RE-CS/2024-25/Solar-01, we shall form an “Special Purpose Vehicle” (SPV), i.e. an
Indian Company registered under the Companies Act, 2013 as our subsidiary Company,
with at least 51% shareholding in the SPV, before signing of PPA.

Further, we undertake that we shall comply with all the laws and provisions related to
Foreign Direct Investment in India.

(Signature & Name of the person Authorised By

the Board)Name of the Bidder

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 97

 Request for Selection of ISTS Connected Solar Projects of 1200 MW

[on the letter head of Bidder]

Format 6.6 – FORMAT FOR FINANCIAL REQUIREMENT – NET WORTH
To,

NTPC Limited Date: -

Renewable Energy - Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sir,

Sub: Response to RfS no. NTPC/RE-CS/2024-25/Solar-01 for setting up ISTS-

connected solar PV power projects of capacity __MW.

(A) For meeting Qualification Requirement as per clause 3.8.(C.1)

We certify that the Bidding Company / Member in a Bidding Consortium ____________
[Name of Bidding Company or Bidding Consortium] has a minimum Net Worth of Rs.__
crore (Rupees ________) or equivalent US$* ……….based on

S. Description Select any one

No. (whichever is applicable)
A Audited annual accounts of FY 2023-24, if available or FY 2022- Applicable / Not
23 [Strike out the financial years not applicable. Financial year of Applicable
2022-23 shall be considered only if Audited annual accounts of FY
2023-24 is not available.] Or
B Net Worth as on day …………….dd/mm/yyyy (as on the last date Applicable / Not
of previous Financial Year, i.e., FY 2023-24 or as on the date at Applicable
least 7 days prior to the date of technical bid opening)

This Net Worth has been calculated in accordance with the instructions provided in Clause
3.8 (C) of the RfS.

Exhibit (i): Applicable in case of Bidding Company

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 98

Request for Selection of ISTS Connected Solar Projects of 1200 MW

@ For the above calculations, we have considered the Net Worth by Bidding Company and/
or its Parent / Affiliates as per following details:

Name of Bidding Name of Company / Relationship with Indicate Financial Year Net Worth (in Rs.
Company Parent/ Affiliate whose Bidding Company* or the date at least 7 Crore) of the
Net Worth is to be days prior to the date Member Company
considered of technical bid
opening

(1) (2) (3) (4) (5)

Company 1

---

---

Total

Exchange Rates considered

USD to INR : I USD = INR……………………
Other Currency………. (Bidder to specify the other currency) 1………. =INR………..
Certificate from the Banker in respect of the Exchange rate is enclosed at Appendix----

@ In cases where the Bidding Company is giving its own net worth only, the bidder has to
fill its own company name in column (2), “Self” in column (3).

*The column for “Relationship with Bidding Company” is to be filled only in case the financial
capability of Parent/Affiliate has been used for meeting Qualification Requirements.
Further, documentary evidence to establish the relationship, duly certified by the company
secretary/chartered accountant is required to be attached with the format.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]
@Net Worth Requirement to be met by Member in Proportion to the Equity Commitment:
Rs.-------------Crore (Equity Commitment ( %) * Rs. [ ] Crore)
For the above calculations, we have considered Net Worth by Member in Bidding
Consortium and/ or Parent/ Affiliate as per following details:
Name of Name of Company / Relationship Indicate Net Worth (in Equity Committed
Consortium Parent/ Affiliate/ with Bidding Financial Year Rs. Crore) of Commitment Net Worth
Consortium Member or the date at the (in %age) in

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 99

 Request for Selection of ISTS Connected Solar Projects of 1200 MW

Member whose Net Worth is Company* (if least 7 days Consortium Bidding (in Rs.
Company to be considered any) prior to the Member Consortium Crore)
date of Company
technical bid
opening

(1) (2) (3) (4) (5) (6) (7)

Company 1

---

Total

Exchange Rates considered

USD to INR : I USD = INR……………………
Other Currency………. (Bidder to specify the other currency) 1………. =INR………..
Certificate from the Banker in respect of the Exchange rate is enclosed at Appendix----
@ In cases where the Consortium member is giving its own net worth only, the Consortium
member has to fill its company name in column (2), “Self” in column (3)).
* The column for “Relationship with Bidding Company” is to be filled only in case the
financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship, duly certified
by the company secretary/chartered accountant is required to be attached with the
format.

* For the Qualification Requirements, if data is provided by the Bidder Company in foreign currency, equivalent
rupees of Net Worth will be calculated as per clause 3.8 (C

(Signature & Name of the person Authorised (Signature and Stamp of

By the Board) Statutory Auditor or Chartered
Accountant)

(B) For meeting Qualification Requirement as per clause 3.8. (C.2.a)

Annual Turnover:
We certify that the *Bidding Company / *Member in the Bidding Consortium ____________
[Name of Bidding Company or Bidding Consortium] has an Annual Turnover of
Rs._________ (Rupees ________) during Financial Year *2023-24, if available, or *FY
2022-23. (*Strike out if not applicable).

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the Annual Turnover by the Bidding
Company and/ or its Parent / Affiliates as per following details:

Name of Bidding Name of Company / Parent/ Relationship with Bidding Annual Turnover (in Rs.
Company Affiliate whose Turnover is to Company* Crore) of the Member
be considered Company during
Financial Year *2023-
24,if available, or FY
*2022-23. (*Strike out if
not applicable)

(1) (2) (3) (4)

Company 1

---

---

Total

@ In cases where the Bidding Company is giving its own Turnover, the bidder has to fill its
own company name in column (2), “Self” in column (3) and Annual Turnover in column (4).
*The column for “Relationship with Bidding Company” is to be filled only in case the financial
capability of Parent/Affiliate has been used for meeting Qualification Requirements. Further,
documentary evidence to establish the relationship, duly certified by the company
secretary/chartered accountant is required to be attached with the format.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]

Annual Turnover to be met by Member in Proportion to the Equity Commitment: Rs.---------

----Crore (Equity Commitment ( %) * Rs. [ ] Crore)
For the above calculations, we have considered Annual Turnover by Member in Bidding
Consortium and/ or Parent/ Affiliate as per following details:

Name of Name of Company / Relationship Annual Turnover Equity Committed

Consortium Parent/ Affiliate/ with Bidding (in Rs. Crore) of Commitment Annual
Member Consortium Member Company* (if the Consortium (in %age) in turnover
Company whose Turnover is to any) Member Company Bidding (in Rs.
be considered during Financial Consortium Crore)

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 Request for Selection of ISTS Connected Solar Projects of 1200 MW

Year *2023-24,if
available, or FY
*2022-23. (*Strike
out if not
applicable)

(1) (2) (3) (4) (5) (6)

Company 1

---

Total

@ In cases where the Consortium member is giving its own Turnover only, the
Consortium member has to fill its company name in column (2), “Self” in column (3)
and Annual Tunover in column (4).
* The column for “Relationship with Bidding Company” is to be filled only in case
the financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship, duly
certified by the company secretary/chartered accountant is required to be attached
with the format.

C) For meeting Qualification Requirement as per clause 3.8.(C.2.b)

PBDIT:
We certify that the *Bidding Company/*Member in the Bidding Consortium ____________
[Name of Bidding Company or Bidding Consortium] has a Profit Before Depreciation
Interest and Taxes (PBDIT) of Rs.__________(Rupees_____in words) as on the last
date of Financial Year *2023-24 , if available, or *FY 2022-23. *(Strike out if not
applicable)

Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the PBDIT by the Bidding Company
and/ or its Parent / Affiliates as per following details:

Name of Bidding Name of Company / Parent/ Relationship with Bidding PBDIT (in Rs. Crore) of
Company Affiliate whose PBDIT is to Company* the Member Company
be considered during Financial Year
*2023-24,if available, or
FY *2022-23. (*Strike
out if not applicable)

(1) (2) (3) (4)

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 102

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Company 1

---

---

Total

@ In cases where the Bidding Company is giving its own PBDIT, the bidder has to
fill its own company name in column (2), “Self” in column (3) and PBDIT in column
(4).
* The column for “Relationship with Bidding Company” is to be filled only in case
the financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship, duly
certified by the company secretary/chartered accountant is required to be attached
with the format.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]

PBDIT requirement to be met by Member in Proportion to the Equity Commitment: Rs.--

-----------Crore (Equity Commitment ( %) * Rs. [ ] Crore)
For the above calculations, we have considered PBDIT by Member in Bidding Consortium
and/ or Parent/ Affiliate as per following details:

Name of Name of Company / Relationship PBDIT (in Rs. Equity Committed

Consortium Parent/ Affiliate/ with Bidding Crore) of the Commitment PBDIT (in
Member Consortium Member Company* (if Consortium (in %age) in Rs. Crore)
Company whose PBDIT is to be any) Member Company Bidding
considered during Financial Consortium
Year *2023-24,if
available, or FY
*2022-23. (*Strike
out if not
applicable)

(1) (2) (3) (4) (5) (6)

Company 1

---

Total

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

@ In cases where the Consortium member is giving its own PBDIT, the Consortium
member has to fill its company name in column (2), “Self” in column (3) and PBDIT
in column (4).
* The column for “Relationship with Bidding Company” is to be filled only in case
the financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship, duly
certified by the company secretary/chartered accountant is required to be attached
with the format.

D) For meeting Qualification Requirement as per clause 3.8.(C.2.c)

We certify that the *Bidding Company/*Member in the Bidding Consortium
____________ [Name of Bidding Company or Bidding Consortium] has In-principle
sanction letter from our lending institutions/banks, committing a Line of Credit for
Rs.__________(in words) [insert amount which should be a minimum amount of Rs.
INR 8.755 Lakhs/MW of the quoted capacity], towards meeting the working capital
requirement of the project quoted under this RfS. *(Strike out if not applicable)

Exhibit (i): Applicable in case of Bidding Company

For the above calculations, we have considered the Line of Credit available to the
Bidding Company and/ or its Parent / Affiliates as per following details:

Name of Bidding Name of Company / Parent/ Relationship with Line of Credit

Company Affiliate to whom Sanction Bidding Company* (in Rs. Crore)
Letter issued available to the
Member
Company

(1) (2) (3) (4)

Company 1 Sanction Letter

from lending
---
institutions/ban
--- ks enclosed at
Annexure ---of
this Form 6.6

Total

@ In cases where the Line of Credit is in favor of Bidding Company, the bidder has to fill
its own company name in column (2), “Self” in column (3) and Line of Credit in column
(4).

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* The column for “Relationship with Bidding Company” is to be filled only in case the
financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship, duly certified
by the company secretary/chartered accountant is required to be attached with the
format.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]

Line of Credit requirement to be met by Member in Proportion to the Equity

Commitment: Rs.-------------Crore (Equity Commitment ( %) * Rs. [ ]
Crore)
For the above calculations, we have considered Line of Credit available to Member in
Bidding Consortium and/ or Parent/ Affiliate as per following details:

Name of Name of Company Relationship Line of Credit (in Equity Committe

Consortium / Parent/ Affiliate/ with Bidding Rs. Crore) of the Commitment d Line of
Member Consortium Company* (if Consortium (in %age) in Credit (in
Company Member whose any) Member Bidding Rs. Crore)
Line of Credit is to Company Consortium
be considered

(1) (2) (3) (4) (5) (6)

Company 1 Sanction Letter

from lending
---
institutions/ban
ks enclosed at
Annexure ---of
this Form 6.6

Total

@ In cases where the Line of Credit is in favour of Consortium member, the

Consortium member has to fill its company name in column (2), “Self” in column (3)
and PBDIT in column (4).
* The column for “Relationship with Bidding Company” is to be filled only in case
the financial capability of Parent/Affiliate has been used for meeting Qualification
Requirements. Further, documentary evidence to establish the relationship, duly
certified by the company secretary/chartered accountant is required to be attached
with the format.

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(Signature & Name of the person Authorised (Signature and Stamp of

By the Board) Statutory Auditor or
Chartered Accountant)
Note: Since Bidder is required to meet any one of the requirements mentioned at
3.8.C.2 (a), (b) or (c). Therefore, Bidder may fill either of sl. No. (B) or (C) or (D)
above.

We are submitting in a separate sheet, details of computation of Net Worth, Annual Turnover
& PBDIT duly certified by Statutory Auditor or a Chartered Accountant. The detailed sheet
is enclosed at Appendix-_______.
We are enclosing the certified copies of Balance sheet, Profit & Loss Account, Schedules
and Cash Flow Statements and Bank statement by bank and other documents in support
thereof for confirmation of balance in cash & bank as per the stipulations of RfS as under:
S.No. Document Description Enclosed at
Appendix
1

3.

(Signature & Name of the person Authorised (Signature and Stamp of

By the board) Statutory Auditor or
Chartered Accountant)

Date:

Note: 1. Bidders are advised in their own interest to furnish the detailed computation sheet
by statutory auditor or Chartered Accountant for determination of Net

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Worth/Turnover/PBDIT along with supporting documents referred therein as per

the requirements of RfS without which no claim for Net worth shall be considered.
2. For the Qualification Requirements, if data is provided by the Bidder
Company in foreign currency, provisions of conversion to equivalent Indian
Rupees shall be as per clause 3.8.C.

3. Wherever applicable, audited accounts for the preceding Financial Year as on

date of technical bid opening will be required to be submitted for meeting the
qualification requirements. In case where audited results for the last financial year
as on date of technical bid opening are not available, the financial results certified
by a practicing Chartered Accountant shall be considered acceptable. In case the
Bidder is not able to submit the Certificate from a practicing Chartered Accountant
certifying its financial parameters, then, audited annual accounts of Financial
Year preceding the last Financial Year can be considered. Further, a certificate
would be required from the CEO/CFO as per the format 6.6B enclosed in the
bidding documents stating that the financial results of the company are under
audit as on the date of technical bid opening and the Certificate from a practicing
Chartered Accountant certifying the financial parameters is not available.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.6 A–UNDERTAKING FROM THE BIDDER

IN ACCORDANCE WITH CLAUSE NO. 3.8.A.8 OF RFS

(To be submitted by Bidder alongwith the Technical Bid)

Ref. : Date :

To
NTPC Limited,
Renewable Energy- Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sir,

We hereby undertake to certify in line with clause 3.8.A.8 of RfS no. NTPC/RE-CS/2024-
25/Solar-01, that we or any of our Affiliates are not a willful defaulter to any lender. Further,
we or any of our affiliates including any Consortium Member & any of its Affiliate, directors
of our company/affiliate/ consortium member (or its affiliates) have not been barred or
included in the blacklist by any Government Agency or Authority in India, the Government
of the concerned jurisdiction where we/ our affiliates/consortium members or its affiliates are
incorporated or the jurisdiction of our principal place of business, any international financial
institution such as the World Bank Group, Asian Development Bank, African Development
Bank, Inter-American Development Bank, Asian Infrastructure Investment Bank etc or the
United Nations or any of its agencies.

(Signature & Name of the person Authorised By the Board)

Name of the Bidder

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Format 6.6 B–PROFORMA OF CERTIFICATE FROM THE CEO/CFO

IN ACCORDANCE WITH NOTE TO
CLAUSE NO. 3.8.C.1 & C.2 OF RFS

(To be submitted by Bidder alongwith the Technical Bid)

Ref. : Date :

To
NTPC Limited,
Renewable Energy- Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sir,

I, Mr. .............................. (CEO/ CFO of the Company) of ………….. (Name of the Company) declare
that the financial results of M/s. .................................... (Name of the Bidder) for Financial Year 2023-
24 are under audit as on ……. (date of technical bid opening) and the Certificate from a practicing
Chartered Accountant certifying the financial parameters is not available.

Yours faithfully

(Signature)

Date : (Name & Designation)........................................

Place : (Name of the Company) ...................................

(Seal of Company) .............................................

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

FORMAT 6.6 C-FORMAT OF IN-PRINCIPLE SANCTION LETTER REGARDING LINE

OF CREDIT COMMITMENT
(To be issued on the Letter Head of the Bank)

From To
Bank Name and Address # Bidder/Affiliate Name and Address

Subject: In principle Sanction Letter regarding Line of Credit Commitment towards meeting
working capital requirements of the project in response to RfS No NTPC/RE-
CS/2024-25/SOLAR-01 for Selection of Solar Power Generators for Setting up
of 1200 MW ISTS-connected Solar PV Power Projects anywhere in India

In order to meet the eligibility criteria of Cl. No. 3.8.C.2.c of the RfS documents, the bidder ( M/s----
---------------------) is required to furnish In-principle sanction letter from the lending institutions/ banks
of the Bidder, committing a Line of Credit for a minimum amount of INR 8.755 Lakhs/MW (Indian
Rupees Eight Lakhs Seventy Five Thousand Five Hundred per MW) of the quoted contracted
capacity, towards meeting the working capital requirement of the project quoted under this RfS.

With respect to your above requirement on the subject we are pleased to hereby convey our In-
Principle Sanction for Line of Credit commitment for minimum INR ---------------- (Indian Rupees ---
----------------------------- only) towards meeting the working capital requirements of the projects of
quoted Contracted Capacity against the RfS No NTPC/RE-CS/2024-25/SOLAR-01 This letter is
issued to meet the specific requirements under clause 3.8.C.2.c of eligibility criteria as captioned
RfS, wherein the bidder (M/s--------------------------- ---------- (name of Bidder)----------- is submitting
their bid.

Place: Your's Faithfully,

Date: For and Behalf of …………………….… ( Bank Name)

Signature
(Name and Designation of Bank Official)
Authority No. …..
[Bank Name]

Note:- (i)# Strike off whichever is not applicable

(ii)Such letter can also be obtained by the Affiliate(s) of the Bidder.

[on the letter head of Bidder]

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.7 – FORMAT FOR TECHNICAL CRITERIA

To, Date:-
NTPC Limited
Renewable Energy - Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Sub: Response to RfS NTPC/RE-CS/2024-25/Solar-01 for selection of ___ MW ISTS-

Connected Solar PV power projects anywhere in India

Dear Sir,

We undertake that:
➢ we shall use only commercially established and operational technologies in the
projects under this RfS.

➢ We shall strictly comply with the technical parameters detailed in the Annexure-
1.
➢ Further, the provisions as contained in the O.M. dated 10.03.2021 issued by
MNRE on the subject “Approved Models and Manufacturers of Solar
Photovoltaic Modules (Requirement of Compulsory Registration) Order, 2019-
Implementation-Reg.” and its subsequent amendments and clarifications issued
until the bid submission deadline, shall be complied with. The modules used in
the Projects shall be sourced only from the models and manufacturers included in
the List-I under the above Order, valid as on the date of invoicing of such
modules.

(Signature & Name of the person Authorised by the Board)

Dated…

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Format 6.8 –Format for Disclosure

[On the letter head of Bidding Company/Each Member in a Bidding Consortium]

Disclosure

We hereby declare that we or our Parent or Affiliate or Ultimate Parent or any Group Company with
which we have direct or indirect relationship are not separately participating in this selection process.
We further declare and confirm that in terms of the definitions of the RfS no NTPC/RE-CS/2024-
25/Solar-01, M/s _________________ (enter name of the Promoter/Promoters) is/are our
Promoter(s), and has/have a direct/indirect Control in the bidding company as per the Companies
Act 2013. No other entity has a direct/indirect control in the bidding company except the entity(ies)
mentioned above.

We further declare that the above statement is true & correct. We undertake that if at any stage it is
found to be incorrect, in addition to actions applicable under the RfS/PPA including but not limited to
cancellation of our response to this RfS and LoA/PPA as applicable, we, i.e. M/s
______________(enter name of the bidding company/member in a consortium), including our
Parent, Ultimate Parent, and our Affiliates shall be suspended/debarred from participating in any of
the upcoming tenders issued by NTPC for a period of 2 years from the date of default as notified by
NTPC. Further, all the Bank Guarantees will be encashed and Recoveries will be effected for the
payments done.

We also understand that the above is in addition to the penal consequences that may follow from
the relevant laws for the time being in force.

(Signature & Name of the person Authorised By the Board)

Date: -

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FORMAT - 6.9

DECLARATION BY THE SOLAR POWER GENERATOR FOR THE PROPOSED

TECHNOLOGY TIE-UP

Name of Bidding Company / Lead

1
Member of Bidding Consortium

2 Project proposed Solar PV

3 Capacity proposed (in MW)

4 Location of the Project

Technology Proposed to be adopted
5
for the Project

6 Brief about the Proposed Technology

(Signature & Name of the person Authorised By the Board)

Date: -

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Format 6.10–UNDERTAKING FROM THE BIDDER

IN ACCORDANCE WITH CLAUSE NO 3.24.2 OF RFS

(To be submitted by Bidder along with the Technical Bid)

Ref. : Date :

To
NTPC Limited,
Renewable Energy- Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sir,

In line with clause 3.24.2 of RfS no. NTPC/RE-CS/2024-25/Solar-01, we hereby undertake

to pay PSM Charges @Rs. 0.02/kWh to NTPC, by offering a commensurate discount in the
monthly tariff payment being made by NTPC.

(Signature & Name of the person Authorised By the Board)

Name of the Bidder

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Format-6.11

DECLARATION

RESTRICTION ON PROCUREMENT FROM CERTAIN COUNTRIES:

MoF OM No 7/10/2021-PPD (1) dated 23.02.2023
(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

Ref. No. _________ Date: ___________

From: _________ (Insert name and address of Bidding Company/Member of Consortium)
__________________
__________________
Tel#:
Fax#:
E-mail address#
To
NTPC Limited,
Renewable Energy- Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Sub: Response to RfS No ………………… dated ……………………………..for the tender for

…………………………………………………
Dear Sir/ Madam,

This is with reference to attached order vide OM No. F.7/10/2021-PPD(1) dated 23.02.2023 including
subsequent amendments and clarifications thereto issued by Department of Expenditure, Ministry of
Finance, Govt of India. We are hereby submitting the following declaration in this regard:

"I/We have read the clause regarding restrictions on procurement from a bidder of a country which shares
a land border with India; I certify that this bidder is not from such a country or, if from such a country,
has been registered with the Competent Authority. I hereby certify that this bidder fulfils all requirements
in this regard and is eligible to be considered. [Where applicable, evidence of valid registration by the
Competent Authority shall be attached]."

We further declare that the above statement is true & correct. We are aware that if at any stage it is
found to be incorrect, our response to the tender will be rejected.
Dated the_____________day of________, 20….

Thanking you,
We remain,
Yours faithfully,
Encl: OM dated 23.02.2023, as referred above.
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.

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Format 6.12 a– Integrity Pact

(Provisions of Integrity Pact to be accepted through Attribute online of

e-tender portal in line with the clause no.-3.34 of RfS)

INTEGRITY PACT
between
NTPC Ltd., a Govt. of India Enterprise (hereinafter referred to as "NTPC")
and
___________ (hereinafter referred to as "The Bidder/Solar Power Generator")

Preamble
NTPC invites the bids from all eligible bidders and intends to enter into Power Purchase
Agreement (PPA) for ……………………… with the successful bidder(s) as per
organizational systems and procedures. NTPC values full compliance with all relevant laws
and regulations, and the principles of economical use of resources, and of fairness and
transparency in its relations with its Bidder(s) and/or Solar Power Generator(s).

In order to achieve these goals, the NTPC will appoint an Independent External Monitor
(IEM), who will monitor the bidding process and the development & operation of Solar Power
Project(s) for compliance with the principles mentioned above.

Section 1 Commitments of NTPC

1. NTPC Commits itself to take all measures necessary to prevent corruption and to
observe the following principles in this regard.

a) No employee of NTPC, either in person or through family members including

relatives, will in connection with the bidding for or the development and operation
of Solar Power Project(s), demand or accept a promise for or accept for
him/herself or for a third person any material or immaterial benefit to which he/she
is not legally entitled to.

b) NTPC shall, during the bidding process treat all Bidders with equity and reason.
NTPC will, in particular, before and during the bidding process, provide to all
Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder(s) could obtain and
advantage in relation to the bidding process or development and operation of
Solar Power Project(s).

c) NTPC will exclude from the process all known prejudiced persons.

2. If NTPC obtains information the conduct of any of its employees which is a criminal
offence under the IPC/PC Act or if there be a substantive suspicion in the regard,
NTPC will inform the Chief Vigilance Officer and in addition can initiate disciplinary
actions.

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Section 2 Commitments and Undertaking by the Bidder/Solar Power Generator

1. The Bidder/Solar Power Generator commits and undertakes to take all

measures necessary to prevent malpractices & corruption. He commits
himself to observe the following principles during his participation in the
bidding process and during the development and operation of Solar Power
Project(s):

a) The Bidder/Solar Power Generator undertakes not to directly or through any other
person or firm offer, promise or give or influence to any employee of NTPC
associated with the bidding process or the development and operation of Solar
Power Project(s) or to any third person on their behalf any material or immaterial
benefit which he/she is not legally entitled, in order to obtain in exchange any
advantage of any kind whatsoever during the bidding process or during the
development and operation of Solar Power Project(s).

b) The Bidder/Solar Power Generator undertake not to enter into any undisclosed
agreement or understanding, whether formal or informal with other Bidders. This
applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids or any other action to restrict
competitiveness or to introduce cartelization in the bidding process.

c) The Bidder/Solar Power Generator undertakes not to commit any offence under
the relevant Anti-corruption Laws of India; further the Bidder/Solar Power
Generator will not use improperly, any information or document provided by NTPC
as part of the business relationship, regarding plans, technical proposals and
business details, including information container or transmitted electronically for
purposes of competition or personal gain and will not pass the information so
acquired on to others.

d) The Bidder/Solar Power Generator will when presenting his bid undertakes to
disclose any and all payments made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the award of the PPA.

e) The Foreign Bidder/ Solar Power Generator, when presenting his bid, undertakes
to disclose the names and addresses of its agents and representatives in India.
Further, Indian Bidder/ Solar Power Generator when presenting his bid,
undertakes to disclose the names and addresses of its foreign principals or
associates.

2. The Bidder/Solar Power Generator will not instigate and allure third persons/parties
to commit offences outlined above or be an accessory to such offences.

Section 3 Disqualification from Bidding Process and Exclusion from Future

Tenders.

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1. If the Bidder(s)/Solar Power Generator(s), before award or during execution has

committed a transgression through a violation of any provisions of Section 2 of this

Integrity Pact or in any other form so as to put his reliability or credibility as Bidder
into question, NTPC shall be entitled to disqualify the Bidder(s)/Solar Power
Generator(s) from the bidding process or to terminate the LOA/PPA, if signed on that
ground.

2. If the Bidder/Solar Power Generators has committed a transgression through a

violation of Section 2 of this Integrity Pact, such as to put his reliability or credibility
into question, NTPC shall be entitled to exclude including blacklist and put on holiday
the Bidder/Solar Power Generator for any future tenders/contract award process.
The imposition and duration of the exclusion will be determined by the severity of the
transgression. The severity will be determined by NTPC taking into consideration the
full facts and circumstances of each case particularly taking in to account the number
of transgressions, the position of the transgressions within the company hierarchy of
the Bidder and the amount of the damage. The exclusion will be imposed for a period
not exceeding two (2) years.

3. A transgression is considered to have occurred if NTPC after due consideration of

the available evidence concludes that no reasonable doubt is possible.

4. The Bidder with its free consent and without any influence agrees and undertakes to
respect and uphold NTPC's absolute rights to resort to and imposed such exclusion
and further accepts and undertakes not to challenge or question such exclusion on
any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining independent
legal advice.

5. Subject to full satisfaction of NTPC, the exclusion of Bidder/Solar Power Generator

could be revoked by NTPC if the Bidder/Solar Power Generator can prove that he
has restored/recouped the damage caused by him and has installed a suitable
corruption prevention system in his organization.

Section 4 Compensation for Damages including Forfeiture of Earnest Money Deposit

/Performance & Advance Bank Guarantees.

1. If NTPC has disqualified the Bidder/Solar Power Generator from the bidding process
or has terminated the LOA/PPA pursuant to Section 3 of this Integrity Pact, NTPC
shall forfeit the Earnest Money Deposit, encash Performance Bank Guarantees in
addition to excluding the bidder from the future award process and terminating the
LOA/PPA.

2. In addition to 1 above, NTPC shall be entitled to take recourse to the relevant

provisions of the LOA/PPA related to Termination of LOA/PPA due to Solar Power
Generator 's Default.

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Section 5 Previous Transgressions

1. The Bidder/ Solar Power Generator swears on oath that no previous transgression
impinging on anti-corruption principles / any malpractice as mentioned in Section-2
has occurred in the last three years immediately before signing of this Integrity Pact,
with any other company/Public Sector Enterprise/Undertaking in India or any
Government Department in India.
2. If the Bidder/ Solar Power Generator makes incorrect statement on previous
transgression as mentioned above in para 1, Bidder/ Solar Power Generator can be
disqualified from the bidding process or LOA/PPA, if already awarded, can be
terminated on this ground.

Section 6 Company Code of Conduct

Bidders are also advised to have a company code of conduct (clearly rejecting the
use of bribes and other unethical behavior) and compliance program for the
implementation of the code of conduct throughout the company.

Section 7 Independent External Monitors

1 The NTPC will appoint competent and credible Independent External Monitor for this
Pact. The task of the IEMs is to review independently and objectively, whether and
to what extent the parties comply with the obligations under this agreement.

2 The IEMs are not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He shall report to Chairman/CMD
of the NTPC or a person authorized by him.

3 The Bidder/Solar Power Generator accepts that the IEMs has the right to access
without restriction to all project documentations of the NTPC including that provided
by the Solar Power Generator. The Solar Power Generator will also grant the IEMs,
upon his request and demonstration of a valid interest, unrestricted and unconditional
access to this Project Documentations. The same is applicable to Solar Power
Generator’s Subcontractors. The IEMs is under contractual obligation to treat the
information and documents of the Bidder/ Solar Power Generators /Sub-
Contractors/Consortium member with confidentiality.

4 The NTPC will provide to the IEMs sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on
the contractual relations between the NTPC and the Solar Power Generators . The
parties offer to the IEMs the option to participate in such meetings.

5 As soon as the IEMs notices, or believes to notice, a violation of this agreement, he

will so inform the Management of the NTPC (Chairman/CMD of the NTPC or a person
authorized by him) and request to discontinue or to take corrective action, or to take
other relevant action. The IEMs can in this regard submit nonbinding

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recommendations. Beyond this, the IEMs has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action. However,
Independent External Monitor shall give an opportunity to the Bidder/ Solar Power
Generators to present its case before making its recommendations to the NTPC.

6 The IEMs will submit a written report to Chairman/CMD of the NTPC or a person
authorized by him within 8-10 weeks from the date of reference or intimation to him
by the NTPC and, should the occasion arise, submit proposals for correcting
problematic situations.
7 The Bidder / Solar Power Generators accepts that they shall not approach courts
while the matter / complaint / dispute has been referred to the IEM in terms of this
pact and they shall await IEM’s decision before approaching any Court.

8 If the IEMs has reported to Chairman/CMD of the NTPC or a person authorized by

him a substantiated suspicion of an offence under relevant IPC/PC Act, and he has
not, within reasonable time, taken visible action to proceed against such offence or
reported it to the Chief Vigilance Officer, the Monitor may also transmit this
information directly to the Central Vigilance Commissioner, Government of India.

Section 8 Pact Duration

The Pact comes into force from the date of signing by all the parties. It shall expire
for the Solar Power Generator 12 months after the last payment under the respective
PPA and for all other unsuccessful bidders 6 months after the LOA/PPA has been
awarded.

Sections 9 Miscellaneous Provisions

1. This Pact is subject to Indian Law. The place of performance and jurisdiction shall
be New Delhi.

2. Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact remains valid. In this case, the parties will strive to come to an agreement
to their original intentions.

3. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

4. If the Solar Power Generator is a Consortium, this agreement must be signed by all
the members of Consortium as the case may be.

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The Parties hereby sign this integrity Pact at ………... …on this ………. …day of
…………2023

NTPC * Bidder/Solar Power Generator

Signature …………… ………………

Name …………...…

Designation …………… …….…………

Stamp Company Seal ………… …….……. ……………….

Witness Witness

1. _____________ 1. _____________

2. _____________ 2. ______________

* If the Bidder is a Consortium, this agreement must be signed by the

authorized signatories of all the members of Consortium including
Lead Member

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Format 6.12 b– Draft for Integrity Pact

(To be signed between NTPC and Project Company formed by Bidding Company/Bidding
Consortium)

INTEGRITY PACT
between
NTPC Ltd., a Govt. of India Enterprise (hereinafter referred to as "NTPC")
and
___________ (hereinafter referred to as "Project Company/Solar Power Generator")

Preamble
NTPC invited the bids from all the eligible bidders against tender ““Request for Selection (RfS)
document for Selection of Solar Power Generators for --------- MW of Grid-
connected Solar PV Power plants to be setup in the state of ------------ (RfS
document No. --------------- dated ------------). In this bidding process M/s -------------- has been
selected as the successful bidder vide LOA No. ________ dated _______ for setting up ---------
-MW of Solar Power Project under ---------- category in the state of -----------------. As per the
provisions of RfS documents, M/s ----------------- has formed a Project Company/Special Purpose
Vehicle (SPV) namely M/s -------------------- (hereinafter referred to as the “Solar Power Generator
/ Project Company”) for development of ___ MW Solar Power Project (hereinafter called as
“Solar Power Project”), generation and sale of solar power from this Solar Power Project and
the Solar Power Generator / Project Company has accordingly entered into a Power Purchase
Agreement bearing ref. no. --------------------------- (hereinafter referred to as “PPA”) dated _____
with NTPC.

NTPC values full compliance with all relevant laws and regulations, and the principles of
economical use of resources, and of fairness and transparency in its relations with its Solar
Power Generator / Project Company.

In order to achieve these goals, Independent External Monitor (IEM) appointed by NTPC will
monitor the development & operation of the Solar Power Project for compliance with the
principles mentioned above.

Section 1 Commitments of NTPC

3. NTPC commits itself to take all measures necessary to prevent corruption and to observe
the following principles in this regard.

d) No employee of NTPC, either in person or through family members including

relatives, will in connection with the development and operation of Solar Power
Project, demand or accept a promise for or accept for him/herself or for a third person
any material or immaterial benefit to which he/she is not legally entitled to.

e) NTPC will exclude from the process all known prejudiced persons.

4. If NTPC obtains information that conduct of any of its employees is a criminal offence
under the IPC/PC Act or if there be a substantive suspicion in the regard, NTPC will
inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 124

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Section 2 Commitments and Undertaking by the Solar Power Generator / Project

Company

3. The Solar Power Generator / Project Company commits and undertakes to take all
measures necessary to prevent malpractices & corruption. The Solar Power Generator /
Project Company commits to observe the following principles during the development
and operation of the Solar Power Project:

f) The Solar Power Generator / Project Company undertakes not to directly or through
any other person or firm offer, promise or give or influence to any employee of NTPC
associated with the development and operation of Solar Power Project or to any third
person on their behalf any material or immaterial benefit which he/she is not legally
entitled, in order to obtain in exchange any advantage of any kind whatsoever during
the development and operation of Solar Power Project.

g) The Solar Power Generator / Project Company undertakes not to commit any offence
under the relevant Anti-corruption Laws of India; further the Solar Power Generator /
Project Company will not use improperly, any information or document provided by
NTPC as part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically for
purposes of competition or personal gain and will not pass the information so
acquired on to others.

h) The Solar Power Generator / Project Company undertakes to disclose any and all
payments made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the development and operation of Solar Power
Project.

4. The Solar Power Generator / Project Company will not instigate and allure third
persons/parties to commit offences outlined above or be an accessory to such offences.

Section 3 Exclusion from Future Tenders.

6. If the Solar Power Generator / Project Company during execution has committed a
transgression through a violation of any provisions of Section 2 of this Integrity Pact or in
any other form so as to put his reliability or credibility as Solar Power Generator / Project
Company into question, NTPC shall be entitled to terminate the PPA on that ground.

7. If the Solar Power Generator / Project Company has committed a transgression through
a violation of Section 2 of this Integrity Pact, such as to put his reliability or credibility into
question, NTPC shall be entitled to exclude including blacklist and put on holiday the
Solar Power Generator / Project Company for any future tenders/contract award process.
The imposition and duration of the exclusion will be determined by the severity of the
transgression. The severity will be determined by NTPC taking into consideration the full
facts and circumstances of each case particularly taking in to account the number of
transgressions, the position of the transgressions within the company hierarchy of the
Solar Power Generator / Project Company and the amount of the damage. The exclusion
will be imposed for a minimum of 3 years.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

8. A transgression is considered to have occurred if NTPC after due consideration of the

available evidence concludes that no reasonable doubt is possible.

9. The Solar Power Generator / Project Company with its free consent and without any
influence agrees and undertakes to respect and uphold NTPC's absolute rights to resort
to and imposed such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground, including the lack of any hearing before the
decision to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.

10. Subject to full satisfaction of NTPC, the exclusion of Solar Power Generator / Project
Company could be revoked by NTPC if the Solar Power Generator / Project Company
can prove that he has restored/recouped the damage caused by him and has installed a
suitable corruption prevention system in his organization.

Section 4 Compensation for Damages including Forfeiture of Performance Bank

Guarantees.

3. If NTPC has terminated the PPA pursuant to Section 3 of this Integrity Pact, NTPC shall
encash Performance Bank Guarantees in addition to excluding the Solar Power
Generator / Project Company from the future award process.

4. In addition to 1 above, NTPC shall be entitled to take recourse to the relevant provisions
of the PPA related to Termination of PPA due to Solar Power Generator / Project
Company's Default.

Section 5 Previous Transgressions

3. The Solar Power Generator / Project Company swears on oath that no previous
transgression occurred in the last three years immediately before signing of this Integrity
Pact, with any other company in any country conforming to IT approach or including with
the Public Sector Enterprise/Undertaking in India or any Government Department in India
that could justify its exclusion from the tender process.

4. If the Solar Power Generator / Project Company makes incorrect statement on this
subject, the PPA can be terminated on this ground.

Section 6 Company Code of Conduct

Solar Power Generator / Project Company is also advised to have a company code of
conduct (clearly rejecting the use of bribes and other unethical behavior) and compliance
program for the implementation of the code of conduct throughout the company.

Section 7 Independent External Monitors

1 NTPC has appointed competent and credible Independent External Monitor for this Pact.
The task of the Monitor is to review independently and objectively, whether and to what
extent the parties comply with the obligations under this agreement.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

2 The monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He shall report to Chairman/CMD of
the NTPC or a person authorized by him.

3 The Solar Power Generator / Project Company accepts that the Monitor has the right to
access without restriction to all project documentations of NTPC including that provided
by the Solar Power Generator / Project Company. The Solar Power Generator / Project
Company will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to this Solar Power Project
Documentations. The same is applicable to Solar Power Generator / Project Company’s
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Solar Power Generator / Project Company/Sub-
Contractors/Consortium member with confidentiality.

4 NTPC will provide to the Monitor sufficient information about all meetings among the
parties related to the Solar Power Project provided such meetings could have an impact
on the contractual relations between NTPC and the Solar Power Generator / Project
Company. The parties offer to the Monitor the option to participate in such meetings.

5 As soon as the Monitor notices, or believes to notice, a violation of this agreement, he

will so inform the Management of the NTPC (Chairman/CMD of the NTPC or a person
authorized by him) and request to discontinue or to take corrective action, or to take other
relevant action. The Monitor can in this regard submit nonbinding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action. However, Independent External Monitor
shall give an opportunity to the Solar Power Generator / Project Company to present its
case before making its recommendations to NTPC.

6 The Monitor will submit a written report to Chairman/CMD of the NTPC or a person
authorized by him within 8-10 weeks from the date of reference or intimation to him by
the NTPC and, should the occasion arise, submit proposals for correcting problematic
situations.

7 The Monitor shall be entitled to compensation on the same terms as being extended to
/provided to Independent Directors of Board.

8 If the Monitor has reported to Chairman/CMD of the NTPC or a person authorized by him
a substantiated suspicion of an offence under relevant IPC/PC Act, and he has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Chief Vigilance Officer, the Monitor may also transmit this information directly to the
Central Vigilance Commissioner, Government of India.

9 The word "Monitor" will include Singular or Plural.

Section 8 Integrity Pact Duration

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

The Integrity Pact comes into force from the date of signing by all the parties. It shall
expire 12 months after the last payment to Solar Power Generator / Project Company
under the PPA.

Sections 9 Miscellaneous Provisions

5. This Integrity Pact is subject to Indian Law. The place of performance and jurisdiction
shall be New Delhi.

6. Should one or several provisions of this Integrity Pact turn out to be invalid; the remainder
of this Integrity Pact remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.

7. The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the extant law in force relating to any
civil or criminal proceedings.

The Parties hereby sign this Integrity Pact at ………... …on this ………. …day of …………2023.

NTPC * Solar Power Generator/Project Company

Signature Signature

Name Name

Designation Designation

Stamp Company Seal

Witness Witness

1. _____________ 1. ___________

2. ______________ 2. ___________

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 128

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.13 a – CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS OF RfS

DOCUMENT
(Certificate of Compliance to All Provisions of RfS Document / "NIL" Deviation Certificate)
[To be accepted through Attribute online on ETS portal]

Bidder's Name and Address : To

NTPC Limited
Renewable Energy - Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sirs,

1. With reference to our Bid dated................. for “Selection of Solar Power Generators
for Setting up 1200 MW ISTS-Connected Solar PV power projects anywhere in
India , RfS No. NTPC/RE-CS/2024-25/Solar-01, we hereby confirm that we have read
the provisions of RfS document along with its subsequent Amendment(s) /
Clarification(s) / Addenda/Errata and further confirm that our Bids (i.e. both Technical
Bid and Financial Bid) are strictly in conformity with the provisions of the RfS Document
including its Amendments / Clarifications / Errata / Revisions thereof and we have not
taken any deviation to any of the provisions of the aforesaid RfS document.
2. Further, we agree that the entire work for development of Solar Power Project(s) shall
be performed as per the the provisions of RfS document including Technical
Requirements as per Annexure-1..
3. We confirm that any deviation/ variation / additional conditions to the provisions of RfS
Document read in conjunction with its Amendment(s)/Clarification(s)/ Addenda / Errata
found anywhere in our Technical Bid and Financial Bid, implicit or explicit, save those
pertaining to rebates offered, stands unconditionally withdrawn, without any cost
implication whatsoever to the NTPC, failing which the EMD be forfeited.
4. We hereby confirm that our Technical Bid does not contain any Financial/Price content
entry. However if anything is contained, we shall be solely responsible for any
implication.
5. Further, we confirm that our Financial Bid does not contain any matter in respect of
Technical and / or Commercial aspects other than the details specifically sought in the
Financial Bid.

Signature of Authorized signatory...........................

Date : (Name of Authorized Signatory)......................................
Place : (Designation)......................................
(Company Seal) ...................................

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 129

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.13 b– Draft for CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS

OF RfS DOCUMENT
(RfS No. NTPC/RE-CS/2024-25/Solar-01)

(Certificate of Compliance to All Provisions of RfS Document)

(to be submitted by Project Company formed by Bidding Company/Bidding Consortium)

Project Company's Name and Address : To

NTPC Limited
Renewable Energy - Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater
Noida Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sirs,

1. NTPC invited the bids from all the eligible bidders against tender ““Request for Selection
(RfS) document for Selection of Solar Power Generators for ----------------MW of Grid-
connected Solar PV Power Projects to be setup in ------------- in the state of ----
--------------- (RfS document No. ------------ dated --------------). In this bidding process M/s -
------------- has been selected as the successful bidder vide LOA No. ________ dated
_______ for setting up ----------MW of Solar Power Project under ---------- category in --
---------------- in the state of -------------------- . As per the provisions of RfS documents,
M/s ----------------- has formed a Project Company/Special Purpose Vehicle (SPV)
namely M/s -------------------- for development of ___ MW Solar Power Project (hereinafter
called as “Project”), generation and sale of solar power from this Project and has
accordingly entered into a Power Purchase Agreement bearing ref. no…………………..
(hereinafter referred to as “PPA”) dated _____ with NTPC. We hereby confirm that we
have read the provisions of RfS document along with its subsequent Amendment(s) /
Clarification(s) / Addenda/Errata.
2. Further, we agree that the entire work for development of Project, generation and sale
of solar power from this Project shall be performed as per the provisions of RfS
document including Technical Requirements as per Annexure-1 of RfS document.

Signature of Authorized signatory...........................

Date : (Name of Authorized Signatory)............................

Place : (Designation)......................................

(Company Seal) ...................................

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 130

Request for Selection of ISTS Connected Solar Projects of 1200 MW

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 131

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Format 6.14 - DECLARATION ON FRAUD PREVENTION POLICY

(Certificate of Compliance to FRAUD PREVENTION POLICY)

[Acceptance of Attribute online on ETS portal regarding Compliance of Fraud Prevention

Policy]

Bidder's Name and Address : To

NTPC Limited
Renewable Energy - Contract Services
4th Floor, NETRA Building
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar,
Uttar Pradesh, India, Pin – 201306

Dear Sirs,

We have read the contents of the Fraud Prevention Policy of NTPC displayed on its tender
website https://www.ntpctender.ntpc.co.in/ and undertake that we along with our
associate/collaborator/subcontractors/subvendors/consultants/service providers shall
strictly abide by the provisions of the Fraud Prevention Policy of NTPC.

Signature of Authorized signatory...........................

Date : (Name of Authorized Signatory)......................................

Place : (Designation)......................................

(Company Seal) ...................................

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 132

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Appendix – A
CHECK LIST FOR BANK GUARANTEES

Sl.No. Details of checks YES/NO.

a) Is the BG on non-judicial Stamp paper / e-stamp paper of
appropriate value, as per Stamp Act?
b) Whether date, purpose of purchase and name of the purchaser
are indicated on the Stamp paper? (The date of purchase of
stamp paper should be of any date on or before the date of
execution of BG and the stamp paper should be purchased
either in the name of the executing Bank or the party on whose
behalf the BG has been issued. The stamp papers (other than
e-stamp paper should be duly signed by the stamp vendor.)
c) In case of BGs from Banks abroad, has the BG been executed
on Letter Head of the Bank endorsed by SBI, India.
d) Has the executing Officer of BG indicated his name, designation
and Power of Attorney No./Signing Power no. on the BG?

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

whether stamp of Bank is affixed thereon? Whether the last
page is signed with full particulars including two witnesses under
seal of Bank as required in the prescribed proforma?
f) Does the Bank Guarantees compare verbatim with the Proforma
prescribed in the Bid Documents?
i) Are the factual details such as Bid Document No. / Specification
No., / LOA No. (if applicable) / Amount of BG and Validity of BG
correctly mentioned in the BG
j) Whether overwriting/cutting if any on the BG have been properly
authenticated under signature & seal of executant?
k) Whether the BG has been issued by a Bank in line with the
provisions of Bidding documents?
l) In case BG has been issued by a Bank other than those
specified in Bidding Document, is the BG confirmed by a Bank
in India acceptable as per Bidding documents?

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 133

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Annexure 1

Technical Requirements for Grid Connected Solar PV Projects

The following are some of the technical measures required to ensure quality of the PV
modules used in grid connected solar photovoltaic power projects:

1. SPV Modules

1.1 The SPV modules used in the grid connected solar power projects must qualify to the
latest edition of any of the following IEC PV module qualification test or equivalent BIS
standards.

Crystalline Silicon Solar Cell Modules IEC 61215

Thin Film Modules IEC 61646
Concentrator PV modules IEC 62108

1.2 In addition, SPV modules must qualify to IEC 61730 for safety qualification testing at
1000 V DC or higher. The modules to be used in a highly corrosive atmosphere
throughout their lifetime must qualify to IEC 61701.

2. Power Conditioners/ Inverters

The Power Conditioners/ Inverters of the SPV power plants must conform to latest edition
of IEC / equivalent Standards as specified below:
Efficiency Measurements IEC 61683
Environmental Testing IEC 60068-2/ IEC 62093
EM Compatibility (EMC) IEC 61000-6-2, IEC 61000-6-4 & other relevant
parts of IEC 61000
Electrical safety IEC 62103/ IEC 62109-1& 2
Anti- Islanding Protection IEEE 1547/ IEC 62116/ UL 1741 or equivalent BIS
Standards

3. Other Sub-systems/ Components:

Other subsystems/ components used in the SPV power plants (cables, Connectors,
Junction Boxes, Surge Protection Devices etc.) must also conform to the relevant
international/national Standards for Electrical Safety besides that for Quality required for
ensuring Expected Service Life and Weather Resistance. It is recommended that the
Cables of 600-1800 Volts DC for outdoor installations should comply with the BS
EN50618:2014/ 2pfg 1169/08.2007 for service life expectancy of 25 years.

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4. Authorized Test Centers

The PV modules/Power Conditioners deployed in the power plants must have valid test
certificates for their qualification as per above specified IEC /BIS standards by one of the
NABL Accredited Test Centers in India. In case of module types like Thin Film and CPV/
equipment for which such Test facilities may not exist in India at present, test certificates
from reputed ILAC Members Labs abroad will be acceptable.

5. Warranty
• PV modules used in grid connected solar power plants must be warranted for output
wattage, which should not be less than 90% at the end of 10 years and 80% at the
end of 25 years.

6. Identification and Traceability

Each PV module used in any solar power project must use a RF identification tag. The
following information must be mentioned in the RFID used on each module (This can be
inside or outside the laminate, but must be able to withstand harsh environmental
conditions.)
i. Name of the manufacturer of PV Module
ii. Name of the Manufacturer of Solar cells
iii. Month and year of the manufacture (separately for solar cells and module)
iv. Country of origin (separately for solar cells and module)
v. I-V curve for the module at Standard Test Condition (1000W/m²,
AM1.5,250 C)
vi. Wattage, Im, Vm and FF for the module
vii. Unique Serial No and Model No of the module
viii. Date and year of obtaining IEC PV module qualification certificate
ix. Name of the test lab issuing IEC certificate
x. Other relevant information on traceability of solar cells and module as per
ISO 9000
Site owners would be required to maintain accessibility to maintain accessibility to the
list of Modules IDs along with the above parametric data for each module.

7. Performance Monitoring
All grid solar PV power plants must install necessary equipment to continuously
measure solar radiation, ambient temperature, and other weather parameters and
simultaneously measure the generation of DC power as well as AC power generated
from the plant. They will be required to submit this data to NTPC and MNRE or any
designated agency on line and/ or through a report on regular basis every month for the
entire duration of PPA. In this regard they shall mandatorily also grant access to NTPC

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 135

Request for Selection of ISTS Connected Solar Projects of 1200 MW

and MNRE or any other designated agency to the remote monitoring portal of the power
plants on a 24x7 basis.

8. Safe Disposal of Solar PV Modules:

The Generators will ensure that all Solar PV modules from their plant after their ‘end of
life’ (when they become defective/ non-operational/ non-repairable) are disposed of in
accordance with the “e-waste (Management and Handling) Rules, 2011” notified by the
Government and as revised and amended from time to time.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 136

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Annexure – 2
List of Banks

LIST OF BANKS FROM WHICH BANK GUARANTEES FOR E M D AND P E R F O R M A N C E BANK

GUARANTEE TO BE FURNISHED
SCHEDULED COMMERCIAL BANKS

A STATE BANK OF INDIA

B NATIONALISED BANKS
1 Bank of Baroda
2 Bank of India
3 Bank of Maharashtra
4 Canara Bank
5 Central Bank of India
6 Indian Overseas Bank
7 Indian Bank
8 Punjab National Bank
9 Union Bank of India
10 Punjab & Sind Bank
11 UCO Bank

C SCHEDULED PRIVATE BANKS (INDIAN BANKS)

1 Axis Bank Ltd
2 Bandhan Bank Limited
3 CSB Bank
4 City Union Bank
5 DCB Bank Ltd
6 Dhanlaxmi Bank Ltd
7 Federal Bank Ltd
8 HDFC Bank Ltd
9 ICICI Bank Ltd
10 IndusInd Bank Ltd
11 IDFC FIRST Bank Limited
12 Jammu & Kashmir Bank Ltd
13 Karnataka Bank Ltd
14 Karur Vysya Bank Ltd
15 Kotak Mahindra Bank
16 Lakshmi Vilas Bank Ltd
17 Nainital Bank Ltd
18 RBL Bank Limited
19 South Indian Bank Ltd
20 Tamilnad Mercantile Bank Ltd
21 Yes Bank Ltd
22 IDBI Bank Ltd.

D SCHEDULED PRIVATE BANKS (FOREIGN BANKS)

1 AB Bank Ltd
2 Abu Dhabi Commercial Bank PJSC

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

3 American Express Banking Corporation

4 Australia & Newzealand Banking Group Limited
5 Barclays Bank Plc
6 Bank of America
7 Bank of Bahrain & Kuwait B.S.C.
8 Bank of Ceylon
9 Bank of China Limited
10 Bank of Nova Scotia
11 BNP Paribas
12 Citi Bank NA
13 Cooperatieve Rabobank UA
14 Crédit Agricole Corporate and Investment Bank
15 Credit Suisse AG
16 CTBC Bank Co Ltd
17 DBS Bank India Ltd
18 Deutsche Bank A.G.
19 Doha Bank Q.P.S.C
20 Emirates NBD Bank (PJSC)
21 First Abu Dhabi Bank PJSC
22 FirstRand Bank Ltd
23 HSBC Ltd
24 Industrial & Commercial Bank of China Ltd
25 Industrial Bank of Korea
26 JP Morgan Chase Bank, National Association
27 JSC VTB Bank
28 KEB Hana Bank
29 Kookmin Bank
30 Krung Thai Bank Public Company Ltd
31 Mashreq Bank PSC
32 Mizuho Bank Ltd
33 MUFG Bank, Ltd
34 NatWest Markets Plc
35 PT Bank Maybank Indonesia TBK
36 Qatar National Bank (Q.P.S.C.)
37 Sberbank
38 SBM Bank (India) Ltd
39 Shinhan Bank
40 Societe Generale
41 Sonali Bank Ltd
42 Standard Chartered Bank
43 Sumitomo Mitsui Banking Corporation
44 United Overseas Bank Ltd
45 Westpac Banking Corporation
46 Woori Bank

*Note - Any Addition/ Deletion/ Modification in Bank list shall be as per

changes in Second Schedule List by RBI from time to time.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 138

Request for Selection of ISTS Connected Solar Projects of 1200 MW

Annexure – 3
COPY OF PPA

ENCLOSED AS SEPARATE FILE

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Annexure - 4

Special instructions to Bidders for e-Tendering

General

The Special Instructions (for e-Tendering) supplement Section-3 ‘Information and Instruction
to Bidders’, as given in this Request for Selection (RfS) Document. Submission of Online
Bids is mandatory for this Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and

secured manner. Now, the Government of India has made e-tendering mandatory.
Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For
conducting electronic tendering, NTPC Ltd. has decided to use the portal
https://www.bharat-electronictender.com of M/s ISN Electronic Tender Services Ltd
(ETS). This portal is based on the world’s most ‘secure’ and ‘user friendly’ software from
ElectronicTender®. A portal built using ElectronicTender’s software is also referred to as
ElectronicTender System® (ETS).

Benefits to Suppliers are outlined on the Home-page of the portal.

Instructions

Tender Bidding Methodology:

Sealed Bid System

- Single Stage Two Envelope

Broad Outline of Activities from Bidder’s Perspective:

1. Procure a Digital Signing Certificate (DSC)-Class III and above.

2. Register on ElectronicTendering System® (ETS)
3. Create Marketing Authorities (MAs), Users and assign roles on ETS
4. View Notice Inviting Tender (NIT) on ETS
5. For this tender -- Assign Tender Search Code (TSC) to a MA
6. Download Official Copy of Tender Documents from ETS
7. Clarification to Tender Documents on ETS
– Query to NTPC (Optional)
– View response to queries posted by NTPC
8. Bid-Submission on ETS
9. Post-TOE Clarification on ETS (Optional)
– Respond to NTPC Post-TOE queries
10. Participate in reverse auction if invited.

RfS No.: NTPC/RE-CS/2024-25/Solar-01 Page 140

Request for Selection of ISTS Connected Solar Projects of 1200 MW

For participating in this tender online, the following instructions are to be read carefully.
These instructions are supplemented with more detailed guidelines on the relevant screens
of the ETS.

Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records, and to be

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC).
also referred to as Digital Signature Certificate (DSC), of Class III or above, issued by a
Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer
http://www.cca.gov.in].

Registration

To use the ElectronicTender® portal https://www.bharat-electronictender.com, vendors

need to register on the portal. Registration of each organization is to be done by one of its
senior persons who will be the main person coordinating for the e-tendering activities. In
ETS terminology, this person will be referred to as the Super User (SU) of that organization.
For further details, please visit the website/portal, and click on the ‘Supplier Organization’
link under ‘Registration’ (on the Home Page), and follow further instructions as given on the
site. Pay Annual Registration Fee as applicable.

After successful submission of Registration details and Annual Registration Fee, please
contact ETS Helpdesk (as given below), to get your registration accepted/activated

Important Note:
1. Interested bidders have to download the RfS & other documents after login into the
ETS website by using the Login ID & Password provided by ETS during registration. If the
documents are downloaded from ETS website without logging into the ETS portal then the
bidders will not be able to upload the filled in Bids.
2. In case of bidding consortium where neither the Bidding Consortium itself nor its Lead
Member has downloaded the RfS documents, Super User of the consortium member who
has downloaded the RfS document shall create a User Id in favour of the nominated person
of the Lead Member who has been authorized to submit the bid on behalf of the consortium.
For any help in this regard kindly contact ETS /ETS Helpdesk
3. To minimize teething problems during the use of ETS (including the Registration
process), it is recommended that the user should peruse the instructions given under ‘ETS
User-Guidance Center’ located on ETS Home Page, including instructions for timely
registration on ETS. The instructions relating to ‘Essential Computer Security Settings for
Use of ETS’ and ‘Important Functionality Checks’ should be especially taken into
cognizance.

Please note that even after acceptance of your registration by the Service Provider, to
respond to a tender you will also require time to complete activities related to your
organization, such as creation of users, assigning roles to them, etc.

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ETS Helpdesk
Telephone/ Mobile Customer Support: +91-124-4229071 (Multiple Telephone
lines)
E-mail ID [email protected]

Some Bidding related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on ETS (unless specified for Offline
Submissions). Broad outline of submissions are as follows:

➢ Submission of Bid-Parts

▪ Envelope I (Technical-Part as mentioned in Section-3.)

▪ Envelope II (Financial-Part)

➢ Submission of digitally signed copy of Tender Documents/ Addendum online.

Offline Submissions:

In addition to the above, the bidders are required to submit certain documents physically
offline also as per clause 3.12, Section-3 failing which the technical bids will not be opened.

Special Note on Security and Transparency of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional

manner. Starting with 'Acceptance of Registration by the Service Provider', provision for
security has been made at various stages in Electronic Tender's software. Specifically for
Bid Submission, some security related aspects are outlined below:

As part of the ElectronicEncrypter™ functionality, the contents of both the ‘ElectronicForms’

and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder
himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces
between words (eg I love this World). A Pass-Phrase is easier to remember, and more
difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-
Part. This method of bid-encryption does not have the security and data-integrity related
vulnerabilities which are inherent in e-tendering systems which use Public-Key of the
specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such
that the Bids cannot be decrypted before the Public Online Tender Opening Event
(TOE), even if there is connivance between the concerned tender-opening officers of
the Buyer organization and the personnel of e-tendering service provider.

CAUTION:All bidders must fill ElectronicForms™ for each bid-part sincerely and carefully,
and avoid any discrepancy between information given in the ElectronicForms™ and the
corresponding Main-Bid. If it is found during the TOE that a bidder has not filled in the
complete information in the ElectronicForms™, the TOE officer may make available for
downloading the corresponding Main-Bid of that bidder at the risk of the bidder. If variation

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is noted between the information contained in the ElectronicForms™ and the ‘Main-Bid’, the
contents of the Main Bid shall prevail.
In case of any discrepancy between the values mentioned in figures and in words, the value
mentioned in words will prevail.

The bidder shall make sure that the Pass-Phrase to decrypt both Technical and
Financial Bids are submitted along with other offline documents before deadline of
submission of bid. The Pass-Phrase for both Technical and Financial Bids are required to
be submitted in separate sealed envelopes.

There is an additional protection with SSL Encryption during transit from the client-end
computer of a Supplier organization to the e-tendering server/ portal.

Some Bidding related Information for this Tender (e-ReverseAuction)

e-ReverseAuction would be conducted after short-listing of qualified bidders as per Clause

3.12.4.

The following would be parameters for e-Reverse Auction:

Sl. Parameter Value
No.
1. Date and Time of Reverse-Auction Bidding Event Please refer Clause 3.12.4.2,
Section-3
2. Duration of Reverse-Auction Bidding Event 1 Hour
3. Automatic extension of the ‘Reverse-Auction Yes, subject to fulfilling the
Closing Time’, if last bid received is within a condition mentioned at clause
‘Predefined Time-Duration’ before the ‘Reverse- 3.12.4.3 of Section-3 of RfS
Auction Closing Time’ documents.
3.1 Pre-defined Time-Duration Within last 08 minutes
3.2 Automatic extension Time-Duration 08 Minutes
3.3 Maximum number of Auto-Extension Unlimited Extension
4. Criteria of Bid-Acceptance Please refer Clause 3.12.4,
Section-3
5. Entity – Start-Price First Round Tariff Quoted by the
bidders in Second Envelope
6. Minimum Bid-Decrement INR 0.01 i.e. 01 paisa

Other Instructions

For further instructions, the vendor should visit the home-page of the portal
https://www.bharat-electronictender.com, and go to the User-Guidance Center

The help information provided through ‘ETS User-Guidance Center’ is available in three
categories – Users intending to Register / First-Time Users, Logged-in users of Buyer
organizations, and Logged-in users of Supplier organizations. Various links (including links
for User Manuals) are provided under each of the three categories.

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Request for Selection of ISTS Connected Solar Projects of 1200 MW

Important Note: It is strongly recommended that all authorized users of Supplier

organizations should thoroughly persue the information provided under the relevant links,
and take appropriate action. This will prevent hiccups, and minimize teething problems
during the use of ETS.

SIX CRITICAL DO’S AND DON’TS FOR BIDDERS

Specifically for Supplier organizations, the following 'SIX KEY INSTRUCTIONS for
BIDDERS' must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) of Class III or above well in
advance of your first tender submission deadline on ETS. (DSC is required for
registration as a bidder at the portal).

2. Register your organization on ETS well in advance of the important deadlines for your
first tender on ETS viz ‘Date and Time of Closure of Procurement of Tender Documents’
and ‘Last Date and Time of Receipt of Bids’. Please note that even after acceptance of
your registration by the Service Provider, to respond to a tender you will also require time
to complete activities related to your organization, such as creation of users, assigning
roles to them, etc.

3. Get your organization's concerned executives trained on ETS well in advance of your first
tender submission deadline on ETS

4. Submit your bids well in advance of tender submission deadline on ETS (There could be
last minute problems due to internet timeout, breakdown, et al)

5. It is the responsibility of each bidder to remember and securely store the Pass-Phrase for
each Bid-Part submitted by that bidder. In the event of a bidder forgetting the Pass-Phrase
before the expiry of deadline for Bid-Submission, facility is provided to the bidder to ‘Annul
Previous Submission’ from the Bid-Submission Overview page and start afresh with new
Pass-Phrase(s).

6. ETS will make your bid available for opening during the Online Public Tender Opening
Event (TOE) ‘ONLY IF’ your ‘Status pertaining Overall Bid-Submission’ is ‘Complete’. For
your record, you can generate and save a copy of ‘Final Submission Receipt’. This receipt
can be generated from 'Bid-Submission Overview Page' only if the ‘Status pertaining
overall Bid-Submission’ is ‘Complete’.

NOTE:
While the first three instructions mentioned above are especially relevant to first-time users
of ETS, the fourth, fifth and sixth instructions are relevant at all times.

Minimum Requirements at Bidder’s End

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• Computer System with good configuration (Min PIV, 1 GB RAM, Windows 7and
above)
• Broadband connectivity
• Microsoft Internet Explorer 7.0 or above
• Digital Certificate(s)

Vendors Training Program

One day training program on chargeable basis (10:00 Hrs to 17:00 Hrs) would be provided
by ETS. The cost of training to be provided by ETS shall be payable directly to ETS. The
authorized representative(s) of interested bidders (i.e. Solar Power Generator (SPG) /
Supplier organization) who wish to attend the training program are requested to carry a
Laptop with Wireless Internet Connectivity.

For further assistant please contact ETS Helpdesk as specified below.

Customer Support: +91-124-4229071 (Multiple Telephone lines)

Helpdesk email ID: [email protected]

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Annexure - 5
TERMS & CONDITIONS OF REVERSE AUCTION

After opening of Financial Bids and short-listing of bidders based on the First Round
Quoted Tariff and capacity of qualified Project(s), NTPC shall resort to “REVERSE
AUCTION PROCEDURE”. Reverse Auction shall be conducted as per methodology
specified in Section-3 and other provisions of Reverse Auction in RfS documents and
their subsequent Addenda/ Amendments. Bidders, in their own interest, are advised to
go through the documents in entirety. The Terms & Conditions and Business Rules
mentioned hereunder are in brief and may not give complete explanations. Further these
are supplementary in nature.

1. Bidders shall ensure online submission of their ‘Bid Price’ within the auction period.

2. ETS will provide all necessary training and assistance before commencement of reverse
auction to the interested bidders on chargeable basis to be paid directly to ETS.

3. Business rules for Reverse Auction like event date, time, bid decrement, extension etc.
shall be as per the business rules, enumerated in the RfS document or intimated later
on, for compliance.

4. Reverse auction will be conducted on scheduled date & time, as informed to the bidders.

5. Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’, which
are mentioned below in the RfS document.

6. If the Bidder or any of his representatives are found to be involved in Price manipulation/
cartel formation of any kind, directly or indirectly by communicating with other bidders,
action as per extant NTPC guidelines shall be initiated by NTPC.

7. The Bidder shall not divulge either his Bids or any other exclusive details of NTPC to
any other party.

8. Period of validity of Prices received through Reverse Auction shall be same as that of
the period of validity of bids offered.

9. Bidders should also note that:

a) Bidders may note that, although extension time is ‘8’ minutes, there is a time lag
between the actual placing the bid on the local computer of the bidder and the
refreshing of the data on to the server for the visibility to the Owner. Considering
the processing time for data exchange and the possible network congestion,
bidders must avoid the last minute hosting of the Financial Bid.

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b) Participating bidder will agree to non-disclosure of trade information regarding the

purchase, identity of NTPC, bid process, bid technology, bid documentation and bid
details.
c) It is brought to the attention of the bidders that the bid event will lead to the final
price of bidders only.
d) Technical and other non-commercial queries (not impacting price) can only be
routed to the NTPC contract personnel indicated in the RfS document.
e) Order finalization and post order activities such issue of LOA, signing of PPA etc
would be transacted directly between successful bidder(s) and NTPC.
f) LOA may be placed outside the e-portal & further processing of the LOA may also
be outside the system.
g) In case of any problem faced by the bidder during Reverse Auction and for all
Bidding process related queries, bidders are advised to contact the persons
indicated in Annexure – 4 of the RfS document.
h) Bidders are advised to visit the auction page login into the system well in advance
to identify / rectify the problems to avoid last minute hitches.
i) NTPC will not be responsible for any PC configuration/Java related issues,
software/hardware related issues, telephone line glitches and breakdown / slow
speed in internet connection of PC at Bidder’s end.
j) Bidders may note that it may not be possible to extend any help, during Reverse
Auction, over phone or in person in relation to rectification of PC / Internet / Java
related issues and Bidder may lose the chance of participation in the auction.
10. For access to the Reverse Auction site, the following URL is to be used:
https://www.bharat-electronictender.com
11. No queries shall be entertained while Reverse Auction is in progress.

BUSINESS RULES OF REVERSE AUCTION

Reverse Auction shall be conducted as per methodology specified in Section-3 and

other provisions of Reverse Auction in RfS documents and their subsequent Addenda/
Amendments. Bidders, in their own interest, are advised to go through the documents in
entirety. The Business Rules mentioned hereunder are in brief and may not give
complete explanations. Further these are supplementary in nature.

i. The ‘Opening Price’ of each bidder i.e. start price for RA will be the “First Round Tariff
Bid” quoted by the respective bidder in its financial bid for the qualified Project(s).

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ii. Bid Decrement shall be at least INR 0.01 i.e. 01 paisa and in multiples thereof.

After completion of the online Reverse Auction, the last quoted price of each bidder shall
be available for further processing. If no bid is received in the auction system/ website
within the specified time duration of the online RA, then NTPC may consider the “First
Round Tariff” bid received through e-tendering for selection.

Online Reverse Auction shall be conducted by NTPC on pre-specified date and time,
while the bidders shall be quoting from their own offices/ place of their choice. Internet
connectivity shall have to be ensured by bidders themselves.

During the RA any requests for extension of time will not be considered by NTPC. Bidders
are therefore requested to make all the necessary arrangements/ alternatives whatever
required so that they are able to participate in the Reverse Auction successfully. Failure
of power or loss of connectivity at the premises of bidders during the Reverse Auction
cannot be the cause for not participating in the Reverse Auction. NTPC shall not be
responsible for such eventualities.

Bidders are advised to get fully trained and clear all their doubts such as refreshing of
Screen, capacity/number of Projects being auctioned, auction rules etc.

NTPC reserves the right to cancel/reschedule/extend the Reverse Auction process/

tender at any time, before ordering, without assigning any reason.

NTPC shall not have any liability to bidders for any interruption or delay in access to the
auction website irrespective of the cause. In such cases, the decision of NTPC shall be
binding on the bidders.

Other terms and conditions shall be as per bidder’s bid and as per NTPC’s RfS
documents and other correspondences, if any, till date.

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