GUVNL PH 3 Standalone BESS

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16.

Request for Selection (RfS) Document


for setting up of Pilot Projects of 250 MW/500 MWh
Standalone Battery Energy Storage Systems in
Gujarat under Tariff-Based Global Competitive
Bidding (Phase-III)

RfS No. GUVNL/BESS/Phase III dated 16.03.2024

Tender Search Code on ISN-ETS: GUVNL-2024- TN000006

ISSUED BY
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan, Race Course Vadodara-390007
Tel No. 0265-2340289, 0265-2310582 / 83 /84 / 85/ 86
Website: www.guvnl.com

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
Page 1 of 121
Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
DISCLAIMER

1. Though adequate care has been taken while preparing the RfS document, the bidder(s)
shall satisfy themselves that the document is complete in all respect. Intimation regarding
any discrepancy shall be given by the prospective bidders to the office of Gujarat Urja
Vikas Nigam Limited (GUVNL) immediately. If no intimation is received from any
bidder within 20 (Twenty) days from the date of issuance of RfS documents, it shall
be considered that the document is complete in all respect and has been received/
acknowledged by the bidder(s).
2. GUVNL reserves the right to modify, amend or supplement this document.
3. This RfS document has been prepared in good faith, and on best endeavor basis. Neither
GUVNL nor their employees or advisors make any representation or warranty, express or
implied, or accept any responsibility or liability, whatsoever, in respect of any statements
or omissions herein, or the accuracy, completeness or reliability of information, and shall
incur no liability under any law, statute, rules or regulations as to the accuracy, reliability
or completeness of this document, even if any loss or damage is caused by any act or
omission on their part.
4. This RfS is not an agreement and is neither an offer nor invitation to the prospective
bidders or any other person. The purpose of this RfS is to set the terms for the selection
process and to provide Bidders with information that may be useful to them in
preparation and submission of their Bids.
5. The bidder shall bear all its costs associated with or relating to the preparation and
submission of its bid, including but not limited to preparation, copying, postage, delivery
fees or any other costs incurred in connection with or relating to its bid. All such costs
and expenses will remain with the bidder and the authority shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by a
bidder in preparation of submission of the bid, regardless of the conduct or the outcome
of the bidding process.
6. In case of any discrepancy in the documents uploaded on the websites of GUVNL and
ISN-ETS, the documents uploaded on the ISN-ETS website will prevail.

Place: Vadodara Date: 16.03.2024

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
BID INFORMATION SHEET
The brief details of the RfS are as under:

1. Selection of Battery Energy Storage System Developers


NAME OF WORK/ for Setting up of 500 MWh (250 MW x 2 hrs) Battery
(A) BRIEF SCOPE OF Energy Storage Systems in Gujarat for “on Demand”
WORK/ JOB usage under Tariff-based Competitive Bidding (Phase-
III)
2. The Projects will be set up under “BOO” model.
GUVNL/BESS/Phase III dated
(B) RfS NO. & DATE
16.03.2024
TYPE OF BIDDING
(C)
SYSTEM Single Stage Bidding with Two Envelopes
TYPE OF RfS/
(D) TENDER E – Tender
COMPLETION/
(E) CONTRACT As mentioned in RfS Document
PERIOD
DOCUMENT FEE/ Amount of INR 29,500/- (Indian Rupees Twenty-Nine
(F) COST OF RfS Thousand Five Hundred Only) including GST shall be
DOCUMENT (NON- submitted through NEFT/ RTGS transfer in the account of
REFUNDABLE)
GUVNL.

DOCUMENT Rs. 15 Lakh + 18% GST for total Project capacity quoted
(G)
PROCESSING FEE by each bidder, shall be submitted through NEFT/RTGS
transfer in the account of GUVNL.

(H) EARNEST MONEY Amount of INR 7,40,000/- (Indian Rupees Seven Lakh
DEPOSIT (EMD) andForty Thousand only) per MW shall be submitted in the
form of Bank Guarantee.
Bidders selected by GUVNL based on this RfS shall submit
PERFORMANCE Performance Bank Guarantee(PBG) for a value @ INR 18,
(I) 50,000/MW (Rupees Eighteen Lakhs and Fifty Thousand
BANK GUARANTEE only/MW), prior to signing of BESPA as per terms of RfS.
(J) PRE-BIDMEETING To be held through VC as per date & time mentioned on
ETS portal. Bidders shall submit their queries on or before
to GUVNL through email.
OFFLINE &
(K) ONLINE BID- Applicable as per NIT on ISN-ETS portal
SUBMISSION
DEADLINE

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
TECHNO-
(L) COMMERCIAL BID As per NIT on ISN-ETS portal
OPENING
e-Reverse Auction (e- Will be informed to eligible bidders.
(M)
RA) Date and time of e-RA shall be intimated through portal.

M/s Electronic Tender.com (India) Pvt. Ltd.


Gurugram
CONTACT Contact Person: ISN-ETS Support Team
(N) DETAILS OF ISN- Customer Support: +91-124-4229071,4229072
ETS Portal (From 10:00 Hrs to 18:00 Hrs on all working Days i.e.
Monday to Friday except Govt. Holidays)
Email: [email protected]
1) Shri Sourav Nandy
Name,
Chief Finance Manager ( Power Trading)
Designation,
Gujarat Urja Vikas Nigam Ltd
(O) Address and other Sardar Patel Vidyut Bhavan,
details Race Course, Vadodara-390007
(For Submission of Tel No. 0265-2340289, 0265-2310582 / 83 / 84 / 85 / 86
Response to RfS) Website-www.guvnl.com
1) Sourav Nandy
Chief Finance Manager
Phone No: +91 9971001855
Email ID: [email protected]
2) Pratik Patel
Details of persons to Executive Engineer
be contacted in case of Phone No: +91 94285 28068
(P) Email ID: [email protected]
any assistance
required 3) Sumit Harwani
Deputy Engineer
Phone No: +919913397427
EMAIL ID: [email protected]
(q) Bank Account, GST Name of Bank – State Bank of India
and PAN details of Bank Account No. – 10565103714
IFSC Code - SBIN0001946
GUVNL GST No. : 24AACCG2861L1ZK
PAN: AACCG2861L

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
1. Bids must be submitted strictly in accordance with Section-2 and 3 of the RfS,
depending upon Type of Tender as mentioned at Clause no. (D) of Bid Information
Sheet.
2. Bidders are required to quote strictly as per terms and conditions of the RfS documents
and not to stipulate any deviations/ exceptions.
3. Any bidder, who meets the Qualifying Requirement and wishes to quote against this
RfS, may download the complete RfS document along with its amendment(s) and
clarifications if any, from ISN-ETS Portal (https://www.bharat-electronictender.com)
and/or GUVNL website (www.guvnl.com) and submit their Bid complete in all
respect as per terms & conditions of RfS Document on or before the due date of bid
submission.
4. Clarification(s)/ Corrigendum(s) if any shall also be available on the above referred
websites.
Bidders are requested to remain updated for any notices/ amendments/ clarifications
etc. to the RfS document through the websites https://www.bharat-
electronictender.com and www.guvnl.com No separate notifications will be issued for
such notices/ amendments/ clarifications etc. in the print media or individually.
Intimation regarding notification on the above shall be updated on www.guvnl.com
and the details only will be available from https://www.bharat-electronictender.com

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
SECTION 1. INTRODUCTION & INVITATION FOR BIDS
1 Background & Introduction
2 Gujarat Urja Vikas Nigam Ltd (hereinafter referred to as “GUVNL”) is a company
incorporated under the Companies Act 1956 and is the successor of erstwhile Gujarat
Electricity Board (GEB) and also the holding company of all other unbundled
reorganized functional entities of the erstwhile Gujarat Electricity Board (GEB).
GUVNL is performing the functions of bulk purchase and bulk sale of power, assigned
as per the re-organization scheme notified by the Government of Gujarat.
2.1 With various global developments in technology and manufacturing, Renewable
Energy (RE) has become the most affordable and cheapest source for meeting the
energy requirements. Initial capacities have been successfully integrated to the grids so
far, but with increasing penetration of RE in the energy mix, further capacity addition
is expected to face issues due to variable nature and supply-demand mismatch.
2.2 With respect to increasing the storage component in the energy mix, CEA’s Report on
identification of usage of storage as business case and for ancillary services, identifies
Pumped Hydro Storage System (PSP) and Battery Energy Storage Systems (BESS) as
the commercially deployed solutions for providing requisite storage capacity. The
CEA Study has revealed that the planning model selects the battery energy storage
system from the year 2027-28 onwards and a Battery Energy Storage capacity of 8680
MW/34720 MWh (4-hour storage) is projected to be part of the installed capacity in
2022-27. This will be in addition to 7446 MW of Pumped Hydro Storage System
envisaged to be a component of India’s installed capacity in 2022-27.
2.3 Going forward, the planning process for transition to a greener energy mix in the
country as well as in the State of Gujarat would entail integrating the planned
Renewable capacity into India’s energy grid while ensuring its safety and reliability.
Apart from Pumped Hydro Storage Plants, BESS are envisaged to be significant
element of the future grid with increased share of renewable energy in accordance with
the target of 500 GW of non-fossil-based capacityto be installed by 2030. BESS assets
can provide the required flexibility in generation apart from ensuring the resource
adequacy. Besides, Energy Storage Systems also have the potential to enable better
utilization of transmission network and reducing network infrastructure footprint.
2.4 GUVNL seeks to utilize energy storage systems, on a “On-Demand” basis, suited to
the requirements of the State DISCOMs during the peak and off-peak hours. In view
of the above, GUVNL hereby wishes to invite proposals for setting up of Pilot Projects
of Standalone Battery Energy Storage Systems (BESS) connected with the State Grid,
for an aggregate storage capacity of 500 MWh (250 MW x 2 hrs) with complete 2
cycles charging/discharging operation of BESS. GUVNL shall enter into a Battery
Energy Storage Purchase Agreement (BESPA) with the successful Bidders selected
based on this RfS, for providing Energy Storage facility to GUVNL as per the terms,
conditions and provisions of the RfS and BESPA.

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2.5 Battery Energy Storage System Developers (hereinafter referred to as BESSDs)
selected by GUVNL based on this RfS, shall set up the BESS on Build Own Operate
(BOO) basis in accordance with the provisions of this RfS document and standard
BESPA. BESPA formats shall be shortly available for download from the ISN- ETS
portal https://www.bharat-electronictender.com.
2.6 (Not used)

2.7 The Bidders will be free to avail fiscal incentives like Accelerated Depreciation,
Concessional Customs and Excise Duties, Tax Holidays etc. available if any for such
Projects. The same will not have any bearing on comparison of bids for selection. As
equal opportunity is being provided to all Bidders at the time of tendering itself, it is up
to the Bidders to avail various tax and other benefits. No claim shall arise on GUVNL
for any liability if Bidders are not able to avail fiscal incentives and this will not have
any bearing on the applicable tariff. GUVNL does not however, give a representation
on the availability of fiscal incentive and submission of bid by the Bidder shall be
independent of such availability or non-availability as the case may be of the fiscal
incentives.
2.8 (Not used)
2.9 Guidelines for Implementation of the RfS
This RfS document has been prepared based on the Guidelines for “Procurement and
Utilization of Battery Energy Storage Systems as part of Generation, Transmission and
Distribution assets, along with Ancillary Services”, issued by Ministry of Power vide
Gazette Notification dated 10.03.2022 and subsequent amendments and clarifications
issued thereto until the bid submission deadline for this RfS issued and this RfS in the
capacity of “ Procurer” as defined in the aforementioned Guidelines. GUVNL has
obtained approval from the Government of Gujarat (GoG) for deviations from the
Ministry of Power (MoP) guidelines on exception from Payment Security Funds &
Change in-law provisions in line with other GUVNL (RE) tenders.

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Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
3 Invitation for Bids
3.1 A Single Stage, Two-Envelope competitive Bidding Procedure will be adopted and will
proceed as detailed in this document. The respective rights of GUVNL and the
Bidder/BESSD shall be governed by the RfS Documents/Agreements signed between
GUVNL and the BESSD.
3.2 Interested bidders have to necessarily register themselves on the portal
https://www.bharat-electronictender.com (“ETS portal”) through M/s Electronic
Tender.com (India) Pvt. Limited to participate in the bidding under this invitation for
bids. It shall be the sole responsibility of the interested bidders to get themselves
registered at the aforesaid portal for which they are required to contact M/s Electronic
Tender.com (India) Pvt. Limited, New Delhi to complete the registration formalities.
Contact details of ISN-ETS is mentioned on the Bid Information Sheet. All required
documents and formalities for registering on ISN-ETS are mentioned in the subsequent
RfS documents.
They may obtain further information regarding this RfS from the registered office of
GUVNL at the address given on the Bid Information Sheet from 10:30 hours to 17:00
hourson all working days by taking prior appointment.
For proper uploading of the bids on the ETS portal, it shall be the sole responsibility of
the bidders to apprise themselves adequately regarding all the relevant procedures and
provisions as detailed in the portal as well as by contacting M/s Electronic Tender.com
(India) Pvt. Limited directly, as and when required, for which contact details are also
mentioned on the Bid Information Sheet. GUVNL in no case shall be responsible for
any issues related to timely or properly uploading/ submission of the bid in accordance
withthe relevant provisions of the Bidding Documents.
3.3 Bidders should submit their bid proposal complete in all aspect on or before last date
and time of Bid Submission as mentioned on ISN-ETS Portal (https://www.bharat-
electronictender.com), GUVNL website www.guvnl.com and as indicated in the Bid
Information Sheet.
3.4 Bidder shall submit bid proposal along with non-refundable RfS Document Fees and
Bid Processing Fees and Earnest Money Deposit (EMD) complete in all respect as per
the Bid Information Sheet. Bid proposals received without the stipulated RfS Document
Fees, Bid Processing Fees and EMD, will be rejected. In the event of any date
indicated being declared a holiday, the next working day shall become operative
for the respective purpose mentioned herein.
RfS documents which include Eligibility Criteria, Technical Specifications, various
Conditions of Contract, Formats etc. can be downloaded from the ISN-ETS Portal or
from GUVNL’s website. It is mandatory to download official copy of the RfS
Document from Electronic Tender System (ISN-ETS) Portal to participate in the
Tender. Any amendment(s)/corrigendum(s)/clarification(s) with respect to this RfS

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Bidding (Phase-III)
shall be uploaded on ISN-ETS website. The Bidder should regularly check for
any Amendment(s)/Corrigendum(s)/Clarification(s) on the above mentioned ISN-ETS
website. The same may also be uploaded on GUVNL’s website. However, in case of
any discrepancy, the information available on ISN-ETS website shall prevail.
3.5 NOT USED
3.6 GUVNL shall conduct e-Reverse Auction (e-RA) as per provisions of RfS documents.
3.7 GUVNL reserves the right to cancel/ withdraw/ defer this invitation for bids without
assigning any reason and shall bear no liability whatsoever consequent upon such a
decision.

3.8 Interpretations
a. Words comprising the singular shall include the plural & vice versa.
b. An applicable law shall be construed as reference to such applicable law including
its amendments or re-enactments from time to time.
c. A time of day shall save as otherwise provided in any agreement or document be
construed as a reference to Indian Standard Time.
d. Different parts of this contract are to be taken as mutually explanatory and
supplementary to each other and if there is any differentiation between or among the
parts of this contract, they shall be interpreted in a harmonious manner so as to give
effect to each part.
e. The table of contents and any headings or sub headings in the contract has been
inserted for case of reference only & shall not affect the interpretation of this
agreement.

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Bidding (Phase-III)
SECTION 2. SPECIAL CONDITIONS OF CONTRACT
4 Scope of Work
4.1 Under this RfS, the BESSD shall be required to set up a Battery Energy Storage System
(BESS), with the primary objective of making the energy storage facility available to
GUVNL for charging/discharging of the BESS, on an “on demand” basis. Detailed
criteria for performance are elaborated in Clause 9 of the RfS.
4.2 Setting up of the BESS and interconnection of the BESS with the State Transmission
Network will be under the scope of the BESSD. This RfS is technology agnostic on the
nature of battery storage system being opted by the BESSD, as long as it meets the
definition of BESS under this RfS and the required performance criteria under the RfS
and BESPA.
4.3 The BESS shall be charged by drawing power from GETCO and inject power to
GETCO network in accordance with the dispatch instructions issued by SLDC in
consultation with GUVNL. GUVNL will provide required power for charging BESS
considering minimum system efficiency under the agreement.

5 Total capacity offered and Project sizing


5.1 Selection of BESS Projects for a total capacity of 500 MWh will be carried out through
e-bidding followed by e-Reverse Auction process. The minimum bid size shall be 140
MWh i.e. 70 MW x 2 hours.
5.2 Selection of Project Developers will be carried out based on the Contracted Capacity
quoted by the Bidders. In this context, the term “Project” used anywhere in the RfS
and BESPA will solely mean the BESS, set up by the BESSD to make available the
Contracted Capacity as agreed to in the BESPA.
5.3 For a specified Contracted Capacity, any oversizing of the BESS over the minimum
rated Energy capacities required under this RfS is left to the discretion of the BESSD.
However, it is to be noted that, at the time of commissioning, rated capacity of the BESS
(Power and Energy) to be installed as indicated in the BESPA, will be verified.

6 Maximum Contracted Capacity Allocation for a Bidder


Following conditions shall be applicable to the Bidders for submission of bids against
this RfS:
6.1 The total capacity of 250 MW/500 MWh shall be set up at locations, as shown in
Annexure-E. A Bidder, including its Parent, Affiliate or Ultimate Parent or any Group
Company shall submit a single bid offering a Project Capacity of either one project or
multiple projects out of total capacity of 250 MW / 500 MWh in the prescribed
formats.
Land shall be provided through Right-of-Use basis by GETCO to the developer, at an

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Gujarat under Tariff-based Global Competitive
Bidding (Phase-III)
annual lease charge of Rs 1 per plot per Year. The L1 Bidder as discovered after the e-
Reverse Auction, shall have the first right followed by other bidders based on ranking,
to select a location for its allocated Project, from the multiple locations offered in the
Rfs.
Note: In case a common Company/Companies directly or indirectly hold(s) more than
10% but less than 26% shareholding in more than one Bidder participating in the RfS,
each of such Bidders will be required to submit the Disclosure as per Format 7.8A. In
all other cases, Format 7.8 will be applicable.
6.2 The evaluation of bids shall be carried out as described in Section-5 of RfS. The
methodology for Allocation of Projects is elaborated in Section-5 of RfS.
6.3 Subject to the exception as per Clause 6.1 above, multiple bids from same company
including its Parent/ Ultimate Parent/Affiliates/Group Companies shall make all the
bids submitted by the group invalid.

7 Project Location
7.1 The total Project capacity of 250 / 500 MWh shall be located in the vicinity of
Substations of the STU network as per information mentioned in Annexure-E, in the
State of Gujarat. Land identification and allocation for the Projects will be under
scope of the GETCO i.e. Transmission licensee owning the identified substation. Land
will be provided on right-of use basis to the BESSD at annual lease charge of Re. 1
per plot per year through suitable agreement with GETCO, and the same shall be
facilitated by GUVNL. Project land details are enclosed herewith at Annexure-E. The
Bidders as discovered after the e-Reverse Auction, shall have the first right to select a
location in the order of their ranking, from the multiple locations offered in the Rfs.
7.2 The above land area will be given to the BESSD for Right of Use (ROU) only within
60 days from Effective Date of the BESPA. In case of any delay in signing of ROU
agreement of land to the BESSD, the Financial Closure and Commissioning
milestones will be suitably extended.
7.3 (a) The GA layouts and single line diagrams of the GETCO sub-stations are enclosed
as part of Annexure-E, clearly showing the BESS area.
(b) The area identified for BESS is at one end of the yard as per enclosed GA layouts
and for approach to BESS, it is required to construct the approach road separately by
the BESSD for accessing the Project, without hindering the O&M activities of
respective sub-stations.
(c) As Battery Energy Storage System is prone to fire hazard, the BESSD shall
provide suitable means such as fire barrier between switchyard and BESS to avoid fire
to spread from BESS to Yard equipment.
(d) Contact details of concerned officers from GETCO for the site visit are as follows

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Bidding (Phase-III)
(i) Shri N J Rathod, Chief Engineer (TR) – 99252 08075
(ii) Shri D M Dangi, superintending Engineer (Anjar)-99252 09528
(iii) Shri V K Patel, superintending Engineer (Surendranagar)- 99252 12375
(iv) Shri H P Chauhan, superintending Engineer(Nadiad)- 99252 10210

8. Connectivity with the Grid


8.1 The Project should be designed for interconnection with the State Transmission
Network in accordance with the prevailing GERC / CERC regulations in this regard.
For interconnection with the grid and metering, the BESSD 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). The voltages for interconnection at the STU grid shall be as
stipulated by GETCO and shall not be less than 66 kV. BESSD shall also comply with
the requirements of relevant authority regarding charging and synchronization.
8.2 The Project shall be interconnected to the GETCO sub-stations as per Annexure-E in
Gujarat. Necessary applications for grant of connectivity will be required to be madeby
the BESSD. All the requisite costs associated with obtaining connectivity shall be
borne by the BESSD.

*Important Notes:
(i) For any clarifications on the above, bidders may contact the STU in this regard.
Regarding availability of connectivity at the substation, data as made available by
STU shall be final and binding.
(ii) Bidders must make note of the information pertaining to bay availability at the
substation.
(iii) Tentative coordinates of the Interconnection Point may be obtained from the
STU.
8.3 The maintenance of Transmission system up to the interconnection point shall be
responsibility of the BESSD, to be undertaken entirely at its cost and expense. The
entire cost of construction of infrastructure from the Project upto and including at the
Interconnection Point, including but not limited to the transmission line, maintenance
losses, & all cost up to the delivery point shall be borne by the BESSD. The
SLDC/Scheduling charges and other charges payable by BESSD. For transmission of
power during charging/discharging of the BESS, transmission charges and losses
applicable as per the applicable regulations, beyond delivery point will be borne by
GUVNL. All expenses including wheeling charges and losses in relation to the
transmission and distribution beyond the Metering Point shall be borne by GUVNL.
Applicability of the charges and losses on charging and discharging power shall be
governed as per the regulations prevailing from time to time.

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8.4 Metering arrangement of each project shall have to be adhered to in line with relevant
clause of the BESPA.

In case two or more bidders are selected for development of project in a single
substation, GETCO may stipulate scheme with common evacuation infrastructure
(Pooling of Projects) with main meter at delivery point and project wise meter at
output level of each project. The losses up to delivery point will have to be shared by
the developers in the ratio of energy recorded at the project level meters. GETCO shall
stipulate necessary safeguards mandating that no project shall charge their BESS
systems while other project(s) sharing common evacuation infrastructure are
discharging their BESS systems.
In case of sharing of infrastructure, the failure of one BESSD results into interruption,
the interruption shall not be attributed to other BESSD.
The non-availability during the time to restore the interruption shall be accounted only
for BESSD responsible for interruption.
The BESS performs regulations in one or several pre-defined ways (e.g. regulating its own
output power according to the orders given by SCADA system) to achieve an active power
balance between generation and demand to maintain the power system frequency within a
reasonable range.
8.5 The BESSD shall comply with GERC regulations on Forecasting, Scheduling and
Deviation Settlement, as applicable from time to time. The scheduling of the power
to/from the project as per the applicable regulation shall be decided by GUVNL.
However, any DSM penalties due to violation of the schedule of charging or
discharging of the BESS at BESS end shall be to the account of the BESSD. In order
to remove potential discrepancies and ambiguities, the BESSDs are hereby instructed
that, as part of scheduling of power to/from the Project, they will be required to punch-
in their respective schedules and subsequent revisions, by themselves, at the interfaces
of the SLDC / RLDC concerned for the corridor of power flow, including the GETCO,
as per the Regulations in force, under intimation to GUVNL. GUVNL may facilitate
in identification of any discrepancy and assist the BESSD for its early rectification
without any liability on GUVNL/GETCO. The BESSD shall be solely responsible for
discrepancy identification and its rectification to avoid any rejection/less payment of
invoices.
8.6 DSM penalties, if any, shall be levied separately on the BESSD as applicable, at their
BESSD ends for the charging and discharging activities.
8.7 Reactive power charges shall be on account of BESSD as applicable, at BESSD end
during charging and discharging, as per CERC/GERC regulations.
8.8 The BESSD shall be required to follow the applicable Procedure for Grant of
connectivity as issued by GERC as well as other Regulations issued by GERC/CEA as
amended from time to time. The BESSDs will be required to apply for connectivity at
the identified substations within 30 days of singing of BESPA, and shall furnish copies
of the application as well as granted connectivity, to GUVNL at the earliest. In case
the BESSD fails to obtain the connectivity at a Substation identified by the Bidder, the
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same shall be immediately notified by the BESSD to GUVNL. At least 30 days prior to
the proposed commissioning date, the BESSD shall be required to submit the
Connectivity Agreement signed with the STU.

9. Performance Criteria of the Project


9.1 Project performance parameters

(a) The Contracted Capacity of the Project shall be in terms of “MW”. GUVNL’s
obligation shall be for off-take of the Contracted Capacity and energy at delivery
point.

(b) For example, for a Project Capacity of 250 MW/500 MWh, Contracted Capacity
shall be 250 MW/500 MWh under the BESPA. Accordingly, for the Contracted
Capacity of 250 MW, the BESPA shall GUVNL to schedule discharge upto 500
MWh of energy from the BESS in each cycle, subject to the following:
i. The GUVNL will schedule charging of the BESS with equal amount of
energy plus energy expected to be lost as conversion losses (determined
from the guaranteed Round-Trip Efficiency (RtE)of the system)
Illustration: For a Project / Contracted Capacity of 250 MW/500 MWh,
with RtE of 85%, during the 3rd Year after COD, GUVNL shall supply
charging power to the tune of (250*2*0.925)/0.85=544.1.2 MWh, to expect
a discharge of 462.5 MWh as per the desired schedule.
ii. Energy scheduled for discharge in a given cycle during a year shall be more
than or equal to the Min. Dispatchable Energy Capacity at the End of Year
as specified under Article 4.4.2.(c) of BESPA.
Illustration: For example, during the end of the 3rd Year after COD, the
energy scheduled for discharge from 250 MW capacity shall be more than
or equal to 250x0.925x2 =462.5 MWh.
iii. Contract capacity shall be the project capacity at delivery point. GUVNL
shall provide the charging energy factoring the RtE, as per specified RtE in
RfS.

(c) The total Project Capacity shall be for supply to and offtake by GUVNL and there
will be no merchant capacity. The BESS shall adhere to the specifications and
performance requirements laid out in Annexure-A of the RfS in this regard.

(d) Power rating of the project capacity of 500 MWh (250 MW x 2 hrs) BESS will be
250 MW, i.e., the maximum value of the active Output and Input Power at the
Delivery Point. Input power shall be provided by GUVNL at delivery point for
contract capacity as illustrated in 9.1 (b). The Energy rating of 500 MWh of the
system will be the dispatchable capacity at COD of the system considering
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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degradation of BESS as provided in RfS, as measured at the Metering Point. Terms
and definitions of terminologies related to BESS shall be as defined in IEC 62933-
2-1.

(e) The BESSD shall make the BESS available for 2 operational cycles per day, i.e. 2
complete charge-discharge cycles per day. Following provisions shall be applicable
on the entire Project Capacity guaranteed to be off-taken by GUVNL:

1. The procurement shall be in power (MW) terms. The BESSD shall install,
operate and maintain the BESS to offer facility to GUVNL to charge and
discharge the BESS on an “on demand” basis. The BESSD shall guarantee a
minimum system availability of 95% on annual basis. The BESSD shall pay
the liquidated damages for shortfall if any to GUVNL. Amount of such
liquidated damages shall be twice the Capacity Charges for the capacity not
made available.
The Monthly Average Availability shall be calculated for each month. On the basis of
monthly Availability, average of each month taken for calculation of Annual Average
Availability. While considering Annul Average availability, only lesser then 95% or up to
95% Monthly Average Availability to be added to derive the Annual Average
Availability. The illustration is provided as under,
Illustration:

Annual Average Availability =


Monthly Average
Monthly Average
Month Availability for
Availability {∑(MonthlyAverage Availability)}/
Calculation
12

1 95% 95%
2 95% 95%
3 93% 93%
4 97% 95%
5 93% 93% = (95%+95%+93%+95%+93%
6 98% 95% +95%+95%+92%+95%+95%+
7 95% 95% 91%+90%)/12
8 92% 92% =93.66% ~94%
9 96% 95%
10 95% 95%
11 91% 91%
12 90% 90%

2. Availability of the Project shall mean the ability of the BESS to execute a
function i.e. charging or discharging, when called upon to do so, as per the
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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schedule or signal provided by the off-taker, subject to the minimum system
ratings specified herein. In addition, the BESSD shall also demonstrate, on
annual basis, 100% of the minimum dispatchable Capacity of the BESS as
required under Clause 9.1.e.4 below.

For a given BESPA, the Annual availability guarantee shall commence from the
date of fully commissioning of the system and shall be calculated as below:

Monthly System Availability = Mean of the System availabilities of all


time-blocks during the Month in which the off-taker has scheduled power
for charging/discharging the BESS.
where,
System Availability in a time-block=
𝐴𝑐𝑡𝑢𝑎𝑙 𝐼𝑛𝑗𝑒𝑐𝑡𝑖𝑜𝑛/𝐷𝑟𝑎𝑤𝑙 𝑀𝑈𝑖(𝐴)
,

𝑆𝑐ℎ𝑒𝑑𝑢𝑙𝑒𝑑 𝐼𝑛𝑗𝑒𝑐𝑡𝑖𝑜𝑛/𝐷𝑟𝑎𝑤𝑙 𝑀𝑈𝑖(𝐵)


where
a. i refers to the ith time-block in the Month where Scheduled
Injection/DrawlMUi ≠ 0.
b. Actual Injection/Drawal MUi is the Actual Scheduled for
Charging/Discharging in the ith time block, in MUs
c. Scheduled Injection/Drawal MUi is the Energy Scheduled for
Charging/Discharging in the ith time block, in MUs
d. A and B shall be as per the DSM/UI Reports published by the SLDC or
measurement at the Main ABT Meter at the Point of Interconnection.
System Monthly availability shall be calculated as per above, and System
Annual Availability shall be calculated as illustrated in 9.1 (e).1
3. The BESSD shall guarantee AC to AC roundtrip efficiency (RtE) of system on
monthly basis. The BESSD shall be liable for Liquidated Damages to the off-
taker, if any, on account of excess conversion losses, based on the following
conditions:
(a) For RtE <70%, there shall be a liquidated damage @ APPC tariff of
previous financial year of the Discoms of excess conversion losses
considering system RtE
= 85% and tariff payment for the corresponding month shall not be made
to the BESSD;
(b) For 70% ≤ RtE < 85%, there shall be a liquidated damage levied @ APPC
tariff of previous financial year of the Discoms of excess conversion losses
considering system RtE = 85%;
(c) For RtE > 85%, there shall be incentive @Rs. 0.50 per unit of excess
discharge of energy considering system RtE = 85%.
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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System Roundtrip Efficiency =
𝑆𝑢𝑚 𝑇𝑜𝑡𝑎𝑙 𝑜𝑓 𝐴𝑐𝑡𝑢𝑎𝑙 𝐼𝑛𝑗𝑒𝑐𝑡𝑖𝑜𝑛/𝐷𝑖𝑠𝑐ℎ𝑎𝑟𝑔𝑖𝑛𝑔 𝑀𝑈𝑠𝑗 𝑖𝑛 𝑎 𝑚𝑜𝑛𝑡ℎ (𝐶)
𝑆𝑢𝑚 𝑇𝑜𝑡𝑎𝑙 𝑜𝑓 𝐴𝑐𝑡𝑢𝑎𝑙 𝐷𝑟𝑎𝑤𝑎𝑙/𝐶ℎ𝑎𝑟𝑔𝑖𝑛𝑔 𝑀𝑈𝑠𝑗 𝑖𝑛 𝑎 𝑚𝑜𝑛𝑡ℎ (𝐷)

Where,
j refers to the jth month in a year;
D ≠ 0;
D <= 2 x Ebess x (MDn-1 – (MDn-1 – MDn) x j/12)x(Number of days in the jth
month))/ RtEg; Ebess refers to Energy Rating specified in Clause 9.1.b. above;
MDn-1 refers to minimum guaranteed dispatchable energy at the end of the
previous year (as a % of Capacity at the COD specified in Clause 9.1.e.4.
below);
MDn refers to minimum guaranteed dispatchable energy at the end of the
current year; RtEg refers to the guaranteed Round-Trip Efficiency under the
BESPA;
C and D shall be as per the DSM/UI Reports/State Energy Account
published by the SLDC ormeasurement at the Main ABT Meter at the
Point of Interconnection.
Note:

 The Scheduled capacity shall be subject to the System Power Rating


specified in Clause 9.1.a. & 9.1.b above.
 The BESSD shall take separate, metered connection for the Auxiliary Power
load of BESS,
or
The BESSD can draw auxiliary power from Interconnection point. Separate meter
would be arranged by Developer to measure Auxiliary consumption and that
would be billed by DISCOM.

4. Taking into consideration capacity degradation, the minimum dispatchable


energy to be made available by the BESSD at the end of a given year shall be as
follows:
Year Min. Dispatchable Capacity at the end of Year (as a % of
Capacity at the Beginning of Life/Final COD)
1 97.50%
2 95.00%
3 92.50%
4 90.00%
5 87.50%
6 85.00%
7 82.50%
8 80.00%
9 78.50%
10 75.00%
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Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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11 72.50%
12 70.00%

5. The nameplate ratings shall be achievable during discharge for the full range of
environmental conditions at the project site when the battery is fully charged. In
any case, the BESS shall be capable of being discharged at reduced power levels
from that specified above. However, the energy discharged from the battery shall
not require to be greater than the nameplate watt-hour rating specified herein.
For example, during the end of the 3rd Year after COD, the energy scheduled
for discharge from 250 MW capacity shall be more than or equal to
250x0.925x2 =462.5 MWh.
6. SLDC in consultation with GUVNL shall, in accordance with Applicable Laws
and Regulations thereunder, issue instructions to the BESSD on behalf
GUVNL for dispatch of electricity to the Grid during such period and in such
volume as it may specify in its instructions. The BESSD shall clearly specify
the maximum recovery times required to restore the BESS for functional
availability between duty cycles. The maximum allowed cooling time between
Charge to Discharge or Discharge to charge would be 1 hr. However, for one
cycle recovery time shall not be more than 2 hours.
7. Operational Window: Operational Window shall mean the expected
hours/duration of system (capacity) availability on each day during the term of
the Contract, excluding:
a. Maximum BESS recovery time as specified in this document
b. Grid Outages (duly certified to this effect by the Grid Operator)
c. Planned Maintenance Outage duly informed by the BESSD to the off-taker
with at least one month’s prior notice, subject to total no. of planned outage
period being not more than 34 hours in a two-month period.
BESSD will have to comply with the Charging and Discharging Schedule as
intimated by SLDC. It is clarified that discharge of BESS shall take place
subject to the transmission constraints at the GETCO substation. For example,
discharge of power from BESS during peak Solar hours (say, 11:00 AM- 2:00
PM) may be subject to the Grid constraints.
8. In addition to above, the BESSD shall also submit Available energy Test Report
for the Project capacity as per IEC 62933-2-1 on Annual basis.
9. It shall be the responsibility of the BESSD to make periodic
replacements/replenishments of system capacities (to ensure annual guaranteed
system ratings), if and when required, up to the Term of the Contract. Outage
time as a result of replacement will also be counted as an “Accountable BESS
Outage” for the purpose of computing BESS Availability.
(f) Pursuant to the provisions above, the BESSD shall plan the dispatch of electricity and
convey its availability for scheduling thereof by the SLDC and shall supply electricity
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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in accordance with the provisions of the Grid Code and the Electricity Act, 2003. The
BESSD shall adhere to all the technical requirements as brought out in Annexure-A of
the RfS. The BESS shall conform to all the applicable regulations of GERC and CEA
Standards for connectivity, metering, communication with the grid operators, etc

9.2 Shortfall in meeting Performance Criteria


Following provisions shall be applicable on the Contracted Capacity guaranteed to be
offtaken by GUVNL:
Subsequent to COD of full Project/Contracted Capacity, in case the annual
Availability demonstrated by the BESSD is less than the minimum as specified above,
such shortfall in performance shall make the BESSD liable to pay the liquidated
damages to GUVNL.
Liquidated damages on account of shortfall in meeting the minimum Availability
criteria as per Clause 9.1.e.1., will be computed as follows:

Liquidated damages = (A – B) x C x D x n x 2 ; n =12.


where,
A is Guaranteed Annual Availability as per Clause 9.1.e.i. above;
B is Actual Annual System Availability, as calculated as per Clause 9.1.e.2 above;
C is BESS Power Capacity;
D is Capacity Charges/MW/month as discovered through bidding process;
n is the no. of months.
In case the BESSD fails to meet the monthly RtE demonstration as per Clause 9.1.e.3
above, additional Liquidated Damages for the unavailability of the required minimum
RtE shall be applicable for the entire month.
However, this damage shall not be livable to extent the availability of system is
affected due to Force Majeure event as specified under the agreement. An illustration
to this effect is enclosed at Annexure-D.

10. Commissioning of Projects


The Commissioning of the Project shall be carried out by the BESSD in line with the
procedure as per the BESPA. GUVNL may authorize any individual or committee or
organization to witness and validate the commissioning procedure on site.
Commissioning certificates shall be issued by GEDA after successful commissioning.
The BESSD shall obtain necessary safety clearances from the Central Electricity
Authority/CEIG prior to commissioning of the Project.

10.1 Part Commissioning


Part commissioning of the Project, without prejudice to the imposition of liquidated
damages in terms of the BESPA, on part which is not commissioned, shall be accepted
by GUVNL subject to the condition that minimum part commissioning capacity for the
1st part will be 50% of the project capacity or 70 MW whichever is lower. The total
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number of instalments in which a Project can be commissioned will be not more than 3,
i.e., 1st initial instalment of 70 MW or 50% of the project capacity as the case may be
and 2 subsequent instalments.
However, the SCD will not get altered due to part commissioning. Irrespective of dates
of part commissioning or full commissioning, the BESPA will remain in force for a
period as per Clause 22.3 of the RfS.

10.2 Commissioning Schedule and Liquidated Damages Not Amounting to Penalty for
Delay in Commissioning
a. The Scheduled Commissioning Date (SCD) for commissioning of the full capacity of
the Project shall be the date as on 18 months from the Effective Date of BESPA (for
e.g. if Effective Date of the BESPA is 05.07.2022, then SCD shall be 05.01.2024).
b. The maximum time period allowed for commissioning of the full Project/Contracted
Capacity with applicable liquidated damages, shall be limited to the date as on 9 months
from the SCDor the extended SCD (if applicable).
c. In case of delay in commissioning of the Project beyond the SCD until the date as per
Clause 10.2.b. above, as part of the liquidated damages, the total PBG amount for the
Project shall be encashed on per-day-basis and proportionate to the balance capacity not
commissioned. For example, in case of a Project Capacity of 150 MW capacity, if
commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the
liquidated damages shall be: PBG amount X (100/150) X (18/270). For the purpose of
calculations of the liquidated damages, ‘month’ shall be considered consisting of 30 days.
d. As an alternative to the above encashment of PBG, the BESSD may choose to make a
payment of the amount corresponding to the liquidated damages, directly to GUVNL.
The BESSD shall intimate to GUVNL, its chosen alternative out of the two options,
within 10 business days of intimation of the liquidated damages to the BESSD, as
calculated by GUVNL. In case no response is received from the BESSD until the lapse
of the above deadline, GUVNL may encash the PBG for the amount as per the
liquidated damages. In case the Developer chooses to make necessary payments in lieu
of the liquidated damages, the said payment shall be credited to GUVNL’s account
through NEFT payment, no later than 5 business days from the above intimation by the
BESSD. In case of non- payment by the developer within the above deadline, the PBG
will be encashed by GUVNL on the next business day.
e. In case Commissioning of the Project is delayed beyond the date as per Clause 10.2.b
above, the BESPA capacity shall stand reduced/amended to the Project/Contracted
Capacity commissioned, the entire PBG will be encashed by GUVNL, and the BESPA
for the Project shall stand terminated for the balance un-commissioned capacity.
f. It is clarified that for the purpose of commissioning, the Project Capacity shall refer to
the rated capacity of the Energy Storage System as declared by the BESSD in the BESPA.
Any reduction in the Project/Contracted Capacity on account of Clause 10.2.d & e.
above, will have no bearing on the obligation of the BESSD to provide the
Project/Contracted Capacity as per the BESPA.
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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g. It is to be noted that delay in commissioning / operationalization of the BESS charging
source shall not be admissible among the factors warranting an extension in SCD of the
Project.

11 Delay in Commissioning on Account of Delay in readiness of evacuation


infrastructure/Grid Access Operationalization
Subsequent to grant of connectivity, in case there is a delay in readiness of the STU
substation at the Delivery Point, including readiness of the power evacuation and
transmission infrastructure of the STU network until SCD of the Project, or delay in
grant/operationalization of Grid Access, and it is established that:
i. The BESSD has complied with the complete application formalities as per
Clause 8.8 & 8.9 above,
ii. The BESSD has adhered to the applicable Regulations/Procedures in this regard
as notified by the GERC/STU, and
iii. The delay in grant of connectivity by the STU and/or delay in readiness of the
substation at the Delivery Point, including readiness of the power evacuation
and transmission infrastructure of the STU network, is a factor attributable to
the STU/transmission licensee and is beyond the control of the BESSD;
The above shall be treated as delays beyond the control of the BESSD and SCD 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 operationalization of the Grid
Access. Decision on requisite extension on account of the above factor shall be taken by
GUVNL.
In case of delay in commissioning of Project due to reasons beyond the reasonable
control of the BESSD, GUVNL may extend the SCD after examining the issue on a
case- to-case basis.

12 Early Commissioning
The BESSD shall be permitted for full commissioning as well as part-commissioning of
the Project even prior to the SCD. Early commissioning of the Project will be allowed
solely at the risk and cost of the BESSD, and GUVNL shall schedule the capacity from
such early commissioned Project at the BESPA charges (for the Contracted Capacity),
only in case GUVNL agrees to purchase the capacity at an earlier date, and at the
BESPA tariff.
In case GUVNL does not agree to early purchase the capacity, early part/full
commissioning of the Project shall still be allowed and the BESSD will be free to utilize
such capacity in the market or for sale of capacity to a third party until SCD or the date
of commencement of procurement of BESS capacity as notified by GUVNL,
whichever is earlier. However, early part/full commissioning of the Project and
subsequent capacity procurement from the same shall be subject to the approval of
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
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GUVNL. Such intimation regarding consent to procure BESS capacity from early
commissioning shall be provided by GUVNL within 15 days of receipt of the request
being made by the BESSD, beyond which it would be considered as deemed refusal.
In case of BESSD sales storage capacity to third party, then GUVNL shall not be
responsible for providing charging power.
If the BESS capacity is not off taken by GUVNL upon early commissioning, BESSD
shall arrange for any augmentation of the Battery capacity to meet the capacity criteria
mentioned at the time of SCD (i.e. dispatchable capacity on SCD date shall be 100% of
the contracted capacity) and to maintain the capacity at the end of every year as
indicated in Clause 9.1(e). 4. of the RfS. Subject to the provisions of the BESPA, in
case of early commissioning, if BESSD sells any capacity to a third party, the BESSD
will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning
Procedure) to GUVNL from the date of commencement of off-take of capacity by
GUVNL.

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
Page 22 of 121
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SECTION 3. STANDARD CONDITIONS OF CONTRACT
13 Obtaining RfS Documents
Interested bidders have to download the official copy of RfS & other documents after
login into the ISN-ETS portal by using the Login ID & Password provided by ISN-ETS
during registration (Refer Annexure - C). The bidder shall be eligible to submit/ upload
the bid document only after logging into the ISN-ETS portal and downloading the
official copy of RfS.

14 Cost of Documents & Bid Processing Fees


Prospective Bidders interested to participate in the bidding process are required to
submit their Project proposals in response to this RfS document along with a non-
refundable processing fee as mentioned in the Bid Information Sheet. A Bidder will be
eligible to participate in the bidding process only on submission of entire financial
amounts as per the Bid Information Sheet. Payments against Cost of RfS document and
Bid Processing Fee shall be done only through NEFT/RTGS (electronic transfer), and
the Bidder shall submit the transaction receipt, as part of the online bid submission.
The bank details of GUVNL are as under
Name of Bank – State Bank of India. Bank Account No. – 10565103714. IFSC CODE -
SBIN0001946. GST NO. : 24AACCG2861L1ZK. PAN: AACCG2861L.

Bids submitted without cost of the RfS document and/or Bid Processing Fee and/or
Bank Guarantee against Earnest Money Deposit (EMD) (including partial
submission of any one of the respective amounts), may be liable for rejection by
GUVNL.

15 Project Scope & Technology Selection


Under this RfS, the BESSD shall set up the Project including the dedicated transmission
network up to the Interconnection/Delivery Point, at its own cost and in accordance to
the provisions of this RfS document. All approvals, permits and clearances required for
setting up of the Project and/or dedicated transmission network upto the Delivery Point
(along with connectivity), including those required from State Government and local
bodies, shall be in the scope of the BESSD. The Projects to be selected under this scheme
provide for deployment of Battery Energy Storage Technology. However, the selection
of Projects would be technology agnostic within the above segment.

16 Connectivity with the Grid


Please refer Clause 8 of the RfS.

RfS for Procurement of 250 MW/ 500 MWh


Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase III dated 16.03.2024
Page 23 of 121
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Bidding (Phase-III)
17 Clearances Required from the Central/State Government and Other Local
Bodies
The BESSDs are required to obtain all necessary clearances and permits as required for
setting up the Projects, including but not limited to the following:
a. No Objection (NOC)/Environmental clearance (if applicable) for the Project.
b. Not Used.
c. Approval for water from the concerned authority (if applicable) required for the
Project.
d. Any other clearances as may be legally required, in order to establish and operate the
Project.
e. Necessary approval(s) of CEIG.

The above clearances, as applicable for the Project, will be required to be submitted to
GUVNL prior to commissioning of the Project, if sought by GUVNL. In case of any of
the clearances as indicated above being not applicable for the said Project, the BESSD
shall submit an undertaking in this regard, and it shall be deemed that the BESSD has
obtained all the necessary clearances for establishing and operating the Project. Any
consequences contrary to the above shall be the responsibility of the BESSD. The
BESSD 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 BESSD 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 Gujarat State. It shall be the responsibility of the BESSD to
remain updated about the applicable charges payable to the SNA under the applicable
State Policy.
Note: The BESSD should apply for all the necessary approvals & get the necessary
approvals, permits and clearances not more than 60 days from the Effective Date of the
BESPA, 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 BESSD 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.

18 Bank Guarantee towards Earnest MoneyDeposit (EMD)


18.1 Earnest Money Deposit (EMD) of INR 7,40,000 / MW (Rupees Seven lakh and Forty
Thousand only/MW) per Project in the form of Bank Guarantee according to Format
7.3A and valid for 09 months from the last date of bid submission, shall be submitted
by the Bidder along with their bid, failing which the bid shall be summarily rejected.
The Bank Guarantees towards EMD have to be issued in the name of the Bidding
Company/ Lead Member of Bidding Consortium. In the event of encashment of EMD,
the encashed amount shall include all applicable taxes.
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18.2 The Bidder shall furnish the Bank Guarantees towards EMD from the list of banks
notified by Government of Gujarat vide GR No. FD/MSM/e-file/4/2023/0057/DMO
dated 21.04.2023 as amended or replaced from time to time for acceptance of Bank
Guarantee as Security Deposit and Performance Security, as amended or replaced
from time to time.
List of Banks The list of Banks shall be as per Finance Dept. GR No. FD/MSM/e-
file/4//2023/0057/DMOdated 21.04.2023 as amended or replaced from time to
time.
The presently applicable list is as under,
(A) Guarantees issued by following Banks will be accepted as PBG/EMD on
permanent basis 1. All Nationalized Banks. Guarantees issued by following Banks
will be accepted as PBG/EMD for Period up to 31/03/2024. The validity cut-off in GR
is with respect to date of issue of Bank Guarantee irrespective of the date of
termination of Bank Guarantee
(B) 1 AXIS BANK, 2 A U Small Finance Bank, 3 Bandhan Bank, 4 BNP Paribas, 5
City Union Bank, 6 CSB Bank, 7 DBS Bank India Limited, 8 DCB bank, 9 Equitas
Small Finance Bank, 10 Federal Bank, 11 HDFC BANK, 12 HSBC Bank, 13 ICICI
Bank, 14 IndusInd Bank, 15 Karnataka Bank, 16 Karur Vyasa Bank, 17 Kotak
Mahindra Bank, 18 South Indian Bank, 19 Standard Chartered Bank, 20 Tamilnadu
Mercantile Bank, 21 Utkarsh Small Finance Bank, 22 The Kalupur Commercial Co-
operative Bank Ltd., 23 The Ahmedabad Mercantile Co-operative Bank Ltd., 24
Nutan Nagrik Sahakari Bank Ltd., 25 Rajkot Nagarik Sahakari Bank Limited, 26
Sarswat Co-Operative Bank, 27 SVC Co-Operative Bank, 28 The Gujarat State Co-
Operative Bank, 29 The Mehsana Urban Co-operative Bank Ltd, 30 The Surat District
Co-Operative Bank, 31 The Surat People Co-Operative Bank, 32 Saurashtra Gramin
Bank.
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 the 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.
18.3 GUVNL has agreed to accept the EMD in the form of an unconditional and
irrevocable Bank Guarantee instead of the cash deposit with the clear position
intimated to the bidder that the EMD Bank Guarantee shall be encashable for being
appropriated by GUVNL in terms of the guarantee as in the case of appropriation of
the cash deposit lyingwith GUVNL.

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18.4 Forfeiture of EMD:
The BG towards EMD shall be encashed by GUVNL in following cases:

a. If the bidder withdraws or varies the bid after due date and time of bid submission
and during the validity of bid;
b. In case, GUVNL offers to execute the BESPA with the Selected Bidder and if the
SelectedBidder does not submit the requisite documents as per Clause 23 of the RfS
or does not execute the BESPA within the stipulated time period;
c. If after issuance of LOI, it is found that the documents furnished by the bidders as
part of response to RfS are misleading or misrepresented in any way;

d. If the bidder fails to furnish required PBG in accordance with Clause 19 of the RfS

18.5 (Not used)

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19 Performance Bank Guarantee (PBG)
19.1 Bidders selected by GUVNL based on this RfS shall submit Performance Bank
Guarantee (PBG) for a value @ INR 18,50,000/MW/Project (Rupees Eighteen Lakhs
and Fifty Thousand only/MW/Project), prior to signing of BESPA. It may be noted
that successful Bidders shall submit the PBG according to the Format 7.3B with a
validity period upto (& including) the date as on 10 months after the Scheduled
Commissioning Date of the Project. Upon receipt and after successful verification of
the total PBG in the acceptable format, the BG submitted towards EMD shall be
returned by GUVNL to thesuccessful Bidder.
19.2 All Performance Bank Guarantees (PBGs) shall be submitted separately for each
Project.
Note: The PBGs are required to be submitted in the name of the entity signing the
BESPA. In case of BESPA being eventually signed with the SPV incorporated/utilized
by the successful bidder, the PBG may be submitted in the name of the successful
bidder within the above prescribed deadline, 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
BESPA.
19.3 The BESSD shall furnish the PBG from the list of banks notified by Government of
Gujarat vide GR No. FD/MSM/e-file/4//2023/0057/DMOdated 21.04.2023 as amended
or replaced from time to time for acceptance of Bank Guarantee as Security Deposit and
Performance Security, as amended or replaced from time to time. In case of the Project
being implemented through an SPV incorporated by the successful bidder, the PBG
shall be furnished in the name of the SPV, except for the case as indicated in Clause
39.3 of the RfS.
19.4 The format of the Bank Guarantees prescribed in the Format 7.3 A (EMD) and 7.3 B
(PBG) shall be strictly adhered to and any deviation from the above Formats shall resultin
rejection of the EMD/ PBG and consequently, the bid. In case of deviations in the
formats of the Bank Guarantees, the corresponding BESPA shall not be signed.
19.5 GUVNL has agreed to accept the PBG in the form of an unconditional and irrevocable
Bank Guarantee instead of the cash deposit with the clear position intimated to the
bidder that the PBG shall be encashable for being appropriated by GUVNL in terms of
the guarantee as in the case of appropriation of the cash deposit lying with GUVNL.
19.6 The selected Bidder for the Project selected based on this RfS is required to sign
BESPA with GUVNL within the timeline as stipulated in Clause 22 of the RfS. In case,
GUVNL offers to execute the BESPA with the Selected Bidder and if the Selected
Bidder does not submit the requisite documents as per Clause 23 of the RfS, or does not
execute the BESPA within the stipulated time period, then the Bank Guarantee
equivalent to the amount of the EMD shall be encashed by GUVNL from the Bank
Guarantee available with GUVNL (i.e. EMD or PBG) as liquidated damages not
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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..
19.7 The Bank Guarantees have to be executed on non-judicial stamp paper of
appropriate value as per Stamp Act relevant to the place of execution.
19.8 All expenditure towards execution of Bank Guarantees such as stamp duty etc.
shall be borne by the Bidders/BESSDs. Any Bank Guarantee or it’s amendment to
be submitted as part of the bidding process / contract execution, shall be effective
when the BG issuance message is transmitted by the issuing bank through SFMS to
GUVNL’s bank and a confirmation in this regard is received by GUVNL”.
19.9 After the bidding process is over, GUVNL shall release the Bank Guarantees
towards EMD of the unsuccessful Bidders within 15 days after the completion of e-
Reverse Auction. The PBG shall be returned to the BESSD within 45 months from
the COD of the Project, after taking into account any liquidated damages due to
delays in commissioning as per Clause 10 and 11 of the RfS.

19.10 (Not used)

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20 Payment Security
20.1 (Not Used)
20.2 (Not used)

21 (Not used)
21.1 (Not used)

22 Battery Energy Storage Purchase Agreement (BESPA)


22.1 GUVNL shall enter into Battery Energy Storage Purchase Agreement (BESPA) with
Bidders selected based on this RfS. A copy of standard BESPA to be executed between
GUVNL and the BESSD is available on ISN-ETS Portal and also on GUVNL website.
The BESPA shall be signed within 10 days of approval from GERC for adoption of
tariff, if not extended by GUVNL. Subsequent extension in this timeline shall be
finalized as mutually agreed by GUVNL and the BESSD. BESPA will be executed
between GUVNL and selected bidder or its SPV separately for each Project after
adoption of tariff by GERC.

22.2 Not used.


22.3 The BESPA shall be valid for a period of 12 years from the date of full
commissioning of the Project.
22.4 The Performance Bank Guarantee as per Clause 19 above, shall be submitted by the
BESSD prior to signing of BESPA. Before signing of BESPA between GUVNL and
the BESSDs, GUVNL will verify the shareholding of the Project Company along with
a copy of complete documentary evidence. If at this stage or subsequently it is found
that the documents furnished by the BESSDs are false / misleading or misrepresented
in any way, then the provisions contained in this RfS will be applicable.
22.5 Successful bidders will have to submit the required documents to GUVNL within 25
days from the issue of LOA. In case of delay in submission of documents beyond the
25 days as mentioned above, GUVNL shall not be liable for delay in verification of
documents and subsequent delay in signing of BESPA. Effective Date of the BESPA
shall be the date of signing of BESPA.

22.6 The BESSD will be free to replenish the battery capacity from time to time during the
Term of the BESPA at its cost and expense to meet the performance criteria. However,
GUVNL will be obligated to off-take capacity only within the performance range as
specified in the BESPA and at the charges applicable as per the existing agreements.
Any excess supply will be dealt as per provisions of the BESPA.

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23 Financial Closure or Project Financing Arrangements
23.1 The Projects shall achieve Financial Closure within the date as on 12 months after
the Effective Date of the BESPA (for e.g. if Effective Date is 05.06.2022, the above
deadline will be 05.06.2023).
23.2 At the stage of financial closure, the BESSDs shall report 100% tie-up of
Financing Arrangements for the Projects. In this regard, the BESSD 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
formof Equity.
23.3 Checklist of documents to be submitted at this stage is provided at Annexure-B of
the RfS.
23.4 In case of default in achieving above condition as may be applicable within the
stipulated time, GUVNL shall be entitled to encash PBG and shall remove the
Project from the list of the selected Projects, unless the delay is on account of factors
not owing to any action or inaction on the part of the BESSD, or caused due to a
Force Majeure as per BESPA. An extension can however be considered, on the sole
request of BESSD,on advance payment of extension charges of INR 1,000/- per day
per MW. This extension will not have an impact on the obligation of BESSD to
achieve commissioning by the SCD of the Project. Subsequent to the completion of
deadline for achieving financial closure, GUVNL shall issue notices to the BESSDs
who are not meeting the requirements of Financial Closure as per the RfS deadlines.
The notice shall provide a period of 30 business days to the respective BESSDs to
either furnish the necessary documents or make the above mentioned payment of
Rs. 1,000/MW/day. In case of non-submission of either-the requisite documents or
the necessary amount upon expiry of the above mentioned notice period of 30 days-
GUVNL may encash the PBG of the corresponding BESSDs and terminate the
BESPA for the corresponding Project. The amount of Rs. 1,000/MW/day shall be
paid by the BESSDs in advance prior to thecommencement of the said delay period
and shall be calculated based on the period of delay as estimated by the BESSD. In
case of the BESSD meeting the requirements of Financial Closure before the last
date of such proposed delay period, the remaining amount deposited by the
BESSD shall be returned by GUVNL. 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 pro-rata basis. Any extension charges paid
so, shall be returned to the BESSD without any interest on achievement of
successful commissioning within the SCD, on pro-rata basis, based on the
project/contracted capacity commissioned as on SCD.
23.5 The BESSD will have to submit the required documents to GUVNL at least 14
days priorto the scheduled Financial Closure date. In case of delay in submission of
documents mentioned above, GUVNL shall not be liable for delay in verification of
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documents and subsequent delay in Financial Closure.

24 Land Arrangements for the Project


24.1 Land identification and ROU of Land shall be in line with Clause 7 of the RfS, and
GUVNLshall facilitate in grant of land to the BESSD.

24.2 The BESSD shall submit ROU agreement for a period not less than the complete term of
the BESPA, immediately after singing of BESPA. The ROU shall terminated, in case of
default of the BESSD.

24.3 The clause is deleted.


24.4 With respect to signing of ROU agreement for the required land to set up BESS by the
BESSD, commissioning of the Project will not be allowed until submission of land
agreement by the BESSD in terms of this Clause and Clause 7 & 8 of the RfS except when
the delay in signing of ROU is on account of GETCO. However, in case of delays in
signing of ROU by the BESSD on account of Government delay (including but not limited
to delay in land use pattern change, and/or relaxation under respective State land ceiling
Act, and/or land lease permission from State Government/Authorities) or delay caused due
to a Force Majeure as per BESPA, SCD shall be suitably extended.

25 Commercial Operation Date (COD)


In case of part commissioning, Commercial Operation Date (COD) will be declared only
for that part of Project/Contracted Capacity. COD shall be the next day after the date
of commissioning of Project, as indicated on the Commissioning Certificate, upon
successful commissioning of the full capacity of the Project or the last part capacity of
the Project as the case may be, as declared in line with the commissioning procedure as
provided in the BESPA.
The BESSD shall obtain necessary charging and safety clearances from the Central
Electricity Authority prior to commissioning of the Project. The 12-year tenure of
BESPA shall be as per the provisions of BESPA. Any capacity being offered to the grid
before COD shall not be at the cost of GUVNL under this scheme and developers will
be free to make short-term sale to any organization or individual. GUVNL may agree
to buy this capacity as a trader if they find it viable outside this RfS.

26 Modifications in Controlling Shareholding


26.1 The BESSD shall indicate its shareholding in the company indicating the
controlling shareholding before signing of BESPA with GUVNL.
26.2 No change in controlling shareholding of the Bidding Company or Bidding
Consortium shall be permitted from the date of submission of response to RfS till
the execution of the BESPA. However, in case the Project is being set up by a listed
Company, this condition will not be applicable.
Following shall not be considered as change in shareholding as mentioned above:

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a. Infusion of Fresh equity capital amongst the existing shareholders/promoters at the
time of Bid Submission to meet equity requirements.
b. Conversion of CCDs, CCPs etc. already issued to existing shareholders.
c. Death, marriage, Divorce, minor attaining major (any legal heir who was minor at
the time of signing of BESPA), insolvent, insane of existing shareholders.
d. Transfer of shares within the members of Immediate Promoter Group only.
e. Transfer of shares to IEPF.
f. Issue of Bonus Shares.

26.3 In case of Project being executed through SPV: The successful Bidder executing
the project, if being a single company, shall ensure that its shareholding in the SPV/
Project Company executing the BESPA, shall not fall below 51% at any time prior
to COD of the Project. In the event the successful Bidder is a consortium, then the
combined shareholding of the consortium members in the SPV/ Project Company
executing the BESPA, shall not fall below 51% at any time prior to COD. However,
in case the Project is being set up by a listed Company, this condition will not be
applicable.
26.4 In case of the selected Bidder itself executing the BESPA, it shall ensure that
controllingshareholding of the bidding company remains unchanged until the COD.
However, in case the Project is being set up by a listed Company, this condition
will not be applicable.
26.5 In case of companies having multiple promoters (but none of the shareholders
having more than 50% of voting rights and paid up share capital), it shall be
considered as a company under joint control. In such cases, the shareholding pattern
in the company as submitted at the time of bidding, shall be maintained upto the
COD.
26.6 Any change in the shareholding after COD can be undertaken under intimation to
GUVNL.
26.7 In the event of Change in Shareholding/ Substitution of Promoters triggered by
the Financial Institutions leading to signing of fresh BESPA with a new entity, an
amount of INR 10 Lakh per Project +18% GST per Transaction as Facilitation Fee
(non- refundable) shall be deposited by the BESSD to GUVNL.

27 Instructions to Bidders for Structuring of Bid Proposals in Response to RfS


The bidder including its Parent, Affiliate or Ultimate Parent or any Group Company
shall submit single response to RfS. Detailed Instructions to be followed by the bidders
for online submission of response to RfS are stated at Annexure – C. Submission of bid
proposals by Bidders in response to RfS shall be in the manner described below:
a. Covering Letter as per Format 7.1.
b. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead Member
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issued by the other Members of the Consortium shall be provided in original as per
format attached hereto as Format 7.2.
In the event any Member of the Bidding Consortium (other than Lead Member) is a
foreign entity, it may submit Board Resolutions in place of Power of Attorney for the
purpose of fulfilling the requirements under this clause. Provided 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.
c. Bank Guarantee against Earnest Money Deposit (EMD) as per Format 7.3 A/7.3 D.
d. Board Resolutions, as per prescribed formats enclosed as per Format 7.4 duly certified
by the Company Secretary or the Director of the relevant Bidder, as applicable to the
Bidder and mentioned hereunder:
i. 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
and in the event of selection of the Projects and to sign the BESPA with GUVNL.
Board Resolution from each of the Consortium Members in favour of the person
signing Consortium Agreement.
ii. Board Resolution from the Bidding Company committing 100% (One Hundred
Percent) of the equity requirement for the Project/ Board Resolutions from each of
the Consortium Members together in aggregate committing to 100% (One Hundred
Percent) of equity requirement for the Project (in case of Bidding Consortium); and
iii. 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 in the Project Company,
obligatory on the part of the Consortium pursuant to the terms and conditions in the
Consortium Agreement.
e. In case of a Consortium, the Consortium Agreement between the Members in the
Consortium as per Format 7.5 along with Board resolution from each Member of the
Consortium for participating in Consortium.
f. Format for Financial Requirements as per Format 7.6 along with the certificate from
practicing Chartered Accountant/ Statutory Auditors showing details of computation of
the financial credentials of the Bidder.
g. Undertaking regarding no willful default and no major litigation pending as per
Format7.7.
h. A disclosure statement as per Format 7.8/7.8A regarding participation of any related
companies in the bidding process.
i. Format for Technical Criteria as per Format 7.9 (to be filled out separately for each
Project).
j. Declaration by the Bidding Company / Lead Member of Bidding Consortium for the
Proposed Technology Tie Up as per Format 7.10 (to be filled out separately for each
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Project).
k. (Not used)
l. Attachments
i. Memorandum of Association, Article of Association needs to be attached along with
the bid. The bidder should also highlight the relevant provision which highlights the
objects relating to Power/ Energy/ Renewable Energy/ Standalone Battery Energy
Storage System development.
 In case, there is no mention of the above provisions in the MoA/ AoA of the
bidding company, the same has to be amended and submitted prior to signing of
BESPA, if the bidder is selected as Successful bidder.
 If the selected bidder wishes to execute the project through a Special Purpose
Vehicle (SPV), the MoA/ AoA of the SPV highlighting the relevant provision
which highlights the objects relating to Power/ Energy/ Renewable Energy/ Solar
Power plant development / Standalone Battery Energy Storage System
development has to be submitted prior to signing of BESPA.
ii. Certificate of Incorporation of Bidding Company/ all member companies of
Bidding Consortium. In case of AIF, registration certificate issued by SEBI would
be required.
iii. A certificate of shareholding of the bidding company, its Parent and Ultimate
Parent (if any) duly certified by a practicing Chartered Accountant/ Company
Secretary as on a date within 30 days prior to the last date of bid submission.
GUVNL reserves the right to seek additional information relating to shareholding
in promoter companies, their parents/ ultimate parents and other group companies
to satisfy themselves that RfS conditions have been complied with and the bidder
willensure submission of the same within the required time lines.
iv. Certified copies of annual audited accounts for the last financial year, i.e. FY 2022-
23, and provisional audited accounts, along with certified copies of Balance Sheet,
Profit & Loss Account, Schedules and Cash Flow Statement supported with bank
statements as on the date at least 7 days prior to the due date of bid submission (if
applicable), shall be required to be submitted.
v. Details of all types of securities/instruments which are pending conversion into
equity whether optionally or mandatorily.
m. Covering letter of the Financial bid as per Format - 7.12.
n. Break-up of the Preliminary Estimate of Cost of Project as per Format 7.13 (separately
for each project).

28 Important Notes and Instructions to Bidders


28.1 Wherever information has been sought in specified formats, the Bidders shall fill
in the details as per the prescribed formats and shall refrain from any deviations and
referring to any other document for providing any information required in the
prescribed format.
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28.2 The Bidders shall be shortlisted based on the declarations made by them in
relevant schedules of RfS. The documents submitted online will be verified before
signing of BESPA in terms of Clause 23 of the RfS.
28.3 If the Bidder/Member in a Bidding Consortium conceals any material information
or makes a wrong statement or misrepresents facts or makes a misleading statement
in its response to RfS, in any manner whatsoever, GUVNL reserves the right to
reject such response to RfS and/or cancel the Letter of Intent, if issued, and the
Bank Guarantee/POI provided up to that stage shall be encashed. Bidder shall be
solely responsible for disqualification based on their declaration in the submission of
responseto RfS.
28.4 If the event specified at 28.3 is discovered after the Effective Date of BESPA,
consequences specified in BESPA shall apply.
28.5 Response submitted by the Bidder shall become the property of the GUVNL and
GUVNL shall have no obligation to return the same to the Bidder. However, the
EMDs submitted by unsuccessful Bidders shall be returned as specified in Clause 18
of the RfS.
28.6 All documents of the response to RfS (including RfS and subsequent
Amendments/ Clarifications/ Addenda and BESPA) submitted online must be
digitally signed by the person authorized by the Board as per Format 7.4. The
documents submitted online but not required to be submitted off-line shall be
considered as authentic true copies of the originals for all practical and legal
purposes and it shall be the responsibility of the bidders to keep the originals with
them and produce the same to GUVNL whenever called for during the tenure of the
BESPA.
28.7 The response to RfS shall be submitted as mentioned in Clause 27 of the RfS. 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, GUVNL
reserves the right to seek additional information from the Bidders, if found
necessary, during the course of evaluation of the response to RfS.
28.8 The Bidder shall make sure that the correct, valid and operative Pass-Phrase to
decryptthe relevant Bid-part is submitted after the deadline of Bid submission.
28.9 All the information should be submitted in English language only. In case of
foreign bidders having documents in other than English language, then the
documents shall be translated in English language by certified translator and
submitted.
28.10 Bidders shall mention the name of the contact person and complete address and
contactdetails of the Bidder in the covering letter.
28.11 Response to RfS that are incomplete, which do not substantially meet the
requirementsprescribed in this RfS, will be liable for rejection by GUVNL.
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28.12 Response to RfS not submitted in the specified formats will be liable for rejection
by GUVNL.
28.13 Bidders delaying in submission of additional information or clarifications sought
will be liable for rejection.
28.14 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 GUVNL
of the obligationof the Bidder to furnish the said data/ information unless the waiver
is in writing.
28.15 The Gujarat Electricity Regulatory Commission shall be the appropriate
commission to exercise the regulatory and adjudicatory jurisdiction in regard to
matters between BESSD and GUVNL. Subject to the above, only Gujarat High
Courts shall have exclusive jurisdiction in all matters pertaining to this RfS.
28.16 All the financial transactions to be made with GUVNL including delay charges
(except charges for delay in Financial Closure), and any additional charges (if
required), shall attract 18% GST on each transaction, irrespective of the same being
mentioned in the RfS/BESPA.

29 Non-Responsive Bid
The electronic response to RfS submitted by the bidder along with the documents
submitted online to GUVNL shall be scrutinized to establish “Responsiveness of the
bid”. 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”:
(a) Non-submission of the requisite Cost of RfS and/ or Processing Fee as mentioned in
the Bid Information Sheet.
(b) Response to RfS not received by the due date and time of bid submission.
(c) Non-submission of correct, valid and operative Pass-Phrases for both Technical and
Financial Bid (Price Bid) Parts after the deadline of Bid Submission, and before the
commencement of the Online Tender Opening Event (TOE) of Technical Bid.
(d) Any indication of tariff in any part of response to the RfS, other than in the financial
bid.
(e) Data filled in the Electronic Form of Financial Bid (Second Envelope), not in line
with the instructions mentioned in the same electronic form.
(f) Except for the scenario as per Clause 6.1 above, in case it is found that the Bidding
Company including Ultimate Parent Company/ Parent Company/ Affiliate/ Group
Companies have submitted more than one response to this RfS, then all these bids
submitted shall be treated as non-responsive and rejected.
(g) Non-submission of EMD in acceptable form or partial submission of EMD along
with response to RfS
In any of the above cases, the bid shall not be considered for bid opening and evaluation
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process.

30 Method of Submission of Response to RfS by the Bidder


30.1 The bidder has to submit original of following documents offline:
a. Bank Guarantee towards EMD as mentioned in the Bid Information Sheet (as per
Format 7.3A/ 7.3D). One EMD may be submitted for the cumulative capacity quoted
by the bidder, or individual EMDs may be submitted for each Project.
b. Pass-phrases for Techno-commercial and Financial bids submitted on the ETS portal.

Bidders shall take special note that no documents other than the above shall be
submitted offline.

No documents will be accepted in person, on or before the date of bid submission.


Bank Guarantee against EMD needs to be submitted in both online and offline
modes. The bidders will be required to submit the bank guarantee, either in person or
through post, at the office of GUVNL until the date as on 2 working days after the
closing date of bid submission. The 2-day duration will be counted from the date of bid
submission.
For e.g., if the bid submission deadline is 18:00 hrs on 22.10.2023, the above deadline
will expire at 18:00 hrs on 24.10.2023. In case of the above deadline being a holiday, the
next working day in GUVNL will be the deadline for submission of Bank Guarantees.
Note: In all cases, the Bank Guarantee against EMD (if applicable), shall be issued on
or before the bid submission deadline. These instruments issued after the expiry of the
deadline will be summarily rejected.
The bidding envelope shall contain the following sticker:

RfS for Procurement of 250 MW/500 MWh Pilot Projects of Battery Energy Storage
Systems in Gujarat under Tariff-based Global Competitive Bidding (PHASE-
II)
Cumulative Capacity of the
250 MW / 500 MWh
projects applied for

No. of Projects Bid for


RfS Reference No. RfS No. GUVNL / BESS / Phase II dated 29.11.2023
Submitted by (Enter Full name and address of the Bidder)
Organization ID (OID) on (Enter the OID through which the Bid has been
ETS portal submitted online on ETS portal)

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(Signature of the Authorized Signatory)
Authorized Signatory (Name of the Authorized Signatory)
(Stamp of the Bidder)
GM (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Bid Submitted to
Race Course, Vadodara-390007
Tel No. 0265-2340289
Website: www.guvnl.com;
E-mail: [email protected];

30.2 Documents to be Submitted Online


Detailed instructions to be followed by the Bidders for online submission of response to
RfS as stated as Annexure-C. The bidders shall strictly follow the instructions mentioned
in the electronic form in respective technical bid and financial bid while filling the form.

If the Bidder has submitted bid online and fails to submit the Bank Guarantee for
requisite amount offline within 2 working days from last date of bid submission,
then the same shall be treated as incomplete bid and Cost of RfS, Processing fee
submitted at this stage will be encashed, the EMD(s) shall be returned and the
submitted bid will stand cancelled.

All documents of the response to RfS submitted online must be digitally signed and
uploaded on the website, https://www.bharat-electronictender.com. Response to RfS
shall contain the following:

I. Technical Bid (First Envelope)


The Bidder shall upload single technical bid containing scanned copies of the
following documents duly signed and stamped on each page by the authorized
signatory as mentioned below.
(a) Formats - 7.1, 7.2 (if applicable), 7.3 A, 7.4, 7.5 (if applicable), 7.6, 7.7, 7.8/7.8A,
7.9, 7.10 and 7.11 as elaborated in Clause 28 of the RfS.
(b) All attachments elaborated in Clause 28 of the RfS, under the sub-clause k:
Attachments, with proper file names.
(c) All supporting documents regarding meeting the eligibility criteria.
(d) Scanned Copies of NEFT/RTGS details towards Cost of RfS Document and Bid
Processing Fee as mentioned in Bid Information Sheet.
(e) Scanned Copies of requisite amount of Bank Guarantee towards EMD as
mentioned in the Bid Information Sheet.

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The Bidder will have to fill the Electronic Form provided at the ISN-ETS portal
as part of Technical Bid.
II. Financial Bid (Second Envelope)
Bidders shall submit the single Financial Bid containing the scanned copy of
following document(s):
(a) Covering letter as per Format - 7.12 of the RfS
(b) Preliminary Estimate of Cost of the Project as per Format 7.13 of the RfS

Only a single capacity charge (INR/MW/MONTH) for all the Projects applied
for, shall have to be filled online in the Electronic Form provided at the ISN-
ETS portal. The instructions mentioned in the Financial Bid Electronic Form
have to be strictly followed without any deviation, else the bid shall be
considered as non- responsive.
Important Note:
(a) The Bidders shall not deviate from the naming and the numbering formats of
envelops mentioned above, in any manner.
(b) In each of the envelopes (as part of online bid submission), all the documents
enclosed shall be indexed and flagged appropriately, with the index list indicating
the name of the document against each flag.
(c) All the envelopes shall be properly sealed with the signature of the Authorized
Signatory running across the sealing of the envelopes.
(d) In case the Bidder submits the online documents on ISN-ETS within the bid
submission deadlines and fails to submit the offline documents in the office of
GUVNL within the bid submission deadlines, the online bid of the Bidder shall
not be opened and shall be ‘archived’ on the ISN-ETS portal. Similarly, bids
submitted offline but without any online submission on ISN-ETS portal shall not
be opened and the EMD shall be returned to the respective bidder.
(e) Tariff to be quoted in the Financial Bid shall be exclusive of GST (for
offering storage service). GST levied on the storage service being provided
by the Project, if any, shall be passed through to the GUVNL.

31 Notice Board for Display


The BESSD will have to put a notice board (at least 180 cm x 120 cm) at its project site
main entrance prominently displaying the following message before declaration of
COD.

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MW/MWh STU-Connected Battery Energy Storage System Pilot Project
Owned and operated by
--------------------- (insert name of the BESSD)
[Under RfS for Procurement of 250 MW/500 MWh Pilot Projects of Battery
Energy Storage Systems under Tariff-based Global Competitive Bidding in
Gujarat (Phase-II) by
Gujarat Urja Vikas Nigam Limited]

Village:…………, Tehsil…………………., District……………….., State……………

32 Validity of the Response to RfS


The Bidder shall submit the response to RfS which shall remain valid up to 180 (One
Hundred Eighty) days from the last date of submission of response to RfS (“Bid
Validity”). GUVNL reserves the right to reject any response to RfS which does not
meet the aforementioned validity requirement.

33 Bid Preparation Cost


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

34 Clarifications/ Pre-Bid Meeting/ Enquiries/ Amendments


34.1 Clarifications/ Doubts, if any, on RfS document may be emailed and/ or through ISN-
ETS portal. The format for submission of clarifications is available on the portal.
34.2 GUVNL will make effort to respond to the same in the Pre-Bid Meeting to be held as
mentioned in the Bid Information Sheet. A compiled list of such questionnaire and
GUVNL’s response will be uploaded in the ISN-ETS portal https://www.bharat-
electronictender.com. If necessary, amendments, clarifications, elaborations shall be
issued by GUVNL which will be notified on GUVNL/ ISN-ETS web site. No separate
reply/ intimation will be given for the above, elsewhere.
34.3 A Pre-Bid Meeting shall be held as mentioned in the Bid Information Sheet (Venue to be
notified later on GUVNL’s website).
34.4 Enquiries/ Clarifications may be sought by the Bidder by contacting GUVNL’s officials as
per the details contained in the Bid Information Sheet.

35 Right of GUVNL to Reject a Bid


GUVNL reserves the right to reject any or all of the responses to RfS or cancel the RfS
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or annul the bidding process for any project at any stage without assigning any reasons
whatsoever and without thereby any liability.

36 Post Award Compliances


Timely completion of all the milestones i.e. signing of BESPA, meeting Financial
Closure Requirements/Conditions Subsequent (BESPA), Commissioning etc. will be the
sole responsibility of BESSD. GUVNL shall not be liable for issuing any intimations/
reminders to BESSDs for timely completion of milestones and/ or submission of
compliance documents.
Any checklist shared with BESSD by GUVNL for compliance of above mentioned
milestones to be considered for the purpose of facilitation only. Any additional
documents required as per the conditions of Guidelines, RfS and BESPA must be timely
submitted by the BESSD.

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SECTION 4. QUALIFICATION REQUIRMENTS FOR BIDDERS
Short listing of Bidders will be based on the following Criteria:

37 General Eligibility Criteria


Bidders participating in the RfS will be required to meet the following eligibility criteria
(as applicable).
37.1 The Bidder must fall under either of the following categories:

i. A Company under the Companies Act, 2013.


ii. A Foreign Company under the respective nation’s laws.
iii. Alternative Investment Funds (AIF) as registered under SEBI. “AIF” shall be as
defined by SEBI.
iv. A Consortium comprising the above entities.
The above would be subject to the relevant Acts, Rules, Guidelines, Orders and Policy
documents of the Government of India as amended from time to time.
37.2 A Consortium shall participate with one of the consortium partners as the 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
BESPA, 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 identical
to the shareholding pattern of the Consortium as indicated in the Consortium
Agreement (Format 7.5).
37.3 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 at
least 51% shareholding in the SPV, before signing of BESPA. 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, Clause 37.7 of the
RfS shall be applicable.
37.4 In line with the O.M. issued by the Department of Expenditure, Ministry of Finance,
vide No. 6/18/2019-PPD Dated 23.07.2020 and subsequent amendments and
clarifications thereto, the Bidder shall meet the following criteria for its bid to be
considered for evaluation under the RfS:
a. 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).

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b. “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.
c. “Bidder from a country which shares a land border with India” for the purpose of
this clause, means:
I An entity incorporated, established or registered in such a country; or
II A subsidiary of an entity incorporated, established or registered in such a
country; or
III An entity substantially controlled through entities incorporated, established or
registered in such a country; or
IV An entity whose beneficial owner is situated in such a country; or
V An Indian (or other) agent of such an entity; or
VI A natural person who is a citizen of such a country; or
VII A consortium where any member of the consortium falls under any of the
above.
d. In support of the above, the Bidder shall be required to submit necessary
Undertaking, as per Format 7.8/7.8A of the RfS.
e. Other provisions of the referred OM dated 23.07.2020, except Sl. 11 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.

37.5 Limited Liability Partnership (LLPs) are not eligible for participation.
37.6 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 BESPA.
37.7 Any consortium, if selected as Successful Bidder for the purpose of supply of power to
GUVNL, 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 BESPA with GUVNL, i.e. the Project Company incorporated
shall have the same shareholding pattern as that indicated in the Consortium Agreement
given at the time ofsubmission of response to RfS. This shall not change till the signing
of BESPA 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 COD of the Project. Transfer of
controlling shareholding within the same group of companies will however be allowed
prior to COD with the permission of GUVNL, subject to the condition that, the
management control remains within the samegroup of companies.
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37.8 The Bidder or any of its Affiliates should not be a wilful defaulter to any lender. Further,
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 or any of its agencies. The Bidder shall submit an undertaking to this effect.

37.9 For avoidance of doubt, it is clarified that the fully owned subsidiary Company as
mentioned in Clauses 37.3 and 37.6 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)

Scenario 2:

Bidder

Min. 51% (or any other %) shareholding

Entity A (Intermediary)

Min. 51% shareholding

Entity B (Project Company/SPV)

As per provisions of the RfS, only Scenario 1 will be permissible under this RfS.

38 Technical Eligibility Criteria


38.1 Under this RfS, it is proposed to promote only commercially established and operational
technologies to minimize the technology risk and to achieve timely commissioning of
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 7.10 of the RfS. The
technology proposed at the time of submission of response to RfS can be changed at the
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time of Financial Closure.
38.2 Not used.
38.3 The Bidder is required to undertake to furnish evidence of meeting the above criteria in
line with provisions of Clause 24 of the RfS. The undertaking shall be submitted as per
enclosed Format 7.9 of the RfS.
38.4 The Projects shall also comply with the performance criteria as detailed in Clause 9 of
the RfS.

39 Financial Eligibility Criteria


39.1 Net-Worth/ Asset Under Management (AUM) or Investible Funds
a. The Net Worth of the Bidder shall be equal to or greater than INR 74,00,000/MW
(Rupees Seventy Four Lakhs / MW) of the quoted capacity (in MW), as on the last
dateof previous Financial Year, i.e. FY 2022-23 or as on the day at least 7 days prior to
the bid submission deadline. For. eg., for a 500 MWh (250 MW x 2 hrs) project
capacity, the minimum Net Worth requirement to be demonstrated shall be Rs. 74 lakh x
250 MW. In case of the Bidder being a SEBI registered AIF, the cumulative value of
Assets Under Management (AUM) with minimum requirement of Rs 74 lakhs / MW
shall be demonstrated. In this context, AUM shall mean the amount as certified by the
Statutory Auditor of the AIF.
b. The net-worth/value of AUM to be considered for the above purpose will be the
cumulative net-worth of the Bidder/AIF or consortium members. Except in the case of
AIFs, the Bidder may seek qualification on the basis of financial capability of its
Affiliate(s) for the purpose of meeting the Net Worth criteria as per the RfS. In case of
the Bidder being a Bidding Consortium, any Member may meet the above criteria on the
basis of financial capability of its Affiliate(s). In both cases, such Affiliates shall
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 AUM or investible funds to be considered
under this clause will be calculated in accordance with applicable SEBI (AIF)
Regulations.

39.2 (Not used)


a. .
b. .

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39.3 Except for AIFs, 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 Clauses
39.1 above subject to clause no 39.9. In case of the Bidder being a Bidding
Consortium, any Member (except an AIF) 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
BESPA.
39.4 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.

39.5 A Company/Consortium would be required to submit annual audited accounts for the
last financial year, 2022-23, or as on the day at least 7 days prior to the bid submission
deadline, along with net worth 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 bid
submission deadline.

In case Final Audited Annual Accounts for the last financial year are not available,
then GUVNL shall accept the Provisional Accounts which are duly certified by a
practicing Chartered Accountant of India and at least two directors or one director
and the company secretary. Provided that an undertaking signed by at least two
directors or one director and the company secretary is submitted by the bidder
confirming that Final Audited Annual Accounts for the last financial year are not
available as on date of bid submission.
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
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the Bidder.

39.6 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.

39.7 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 39.6 above.

39.8 In case the response to RfS is submitted by a Consortium, then the financial requirement
(the Net-Worth) to be met by each Member of the Consortium shall be computed in
proportion to the equity commitment made by each ofthem 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 500 MWh (250 MW x 2hrs), then, total
Net-Worth to be met by the Consortium is Rs. 74 Lakh x 250 MW = Rs. 185 Crores.
Minimum requirement of Net-Worth to be met by Lead Member A would be minimum
Rs. 129.50 Crores and to be met by Consortium Member B would be Rs. 55.5 Crores.
39.9 For the limited purpose of meeting the technical and financial eligibility criteria, in
addition to using credentials of the Affiliates having more than 50% shareholding in the
Bidding Company, the Bidder may use credentials of those Affiliates who do not control
more than 50% of the bidding company, subject to the following:
a. The qualification criteria parameters will be met proportionately to the equity
contribution of the entity whose credentials are being used to meet the requirement.
For example, in case of Net Worth requirement being Rs 100 Crore and the strength
of an Affiliate is used which owns 30% of the total shareholding in the bidder, the
said Affiliate should be able to meet upto Rs 30 Crore of the Net Worth.
b. In case the strength of an Affiliate is being used for meeting the eligibility criteria,
shareholding pattern of the respective Affiliate will be locked-in upto COD of the
Project.

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SECTION 5. BID EVALUATION AND SELECTION OF PROJECTS
40 Bid Evaluation
Bid evaluation will be carried out considering the information furnished by Bidders as
per provisions of this RfS. The detailed evaluation procedure and selection of bidders
are described in subsequent clauses in this Section.

41 Techno-Commercial Evaluation of Bidders (Step 1)


41.1 The first envelope (Technical Bid submitted online) of only those bidders will be opened
by GUVNL whose required documents as mentioned at Clause 30 of the RfS are
received by GUVNL. Bid opening (online) will be done only after the deadline for
submission of Bank Guarantee (if applicable) and/or DDs/Pay order against Cost of RfS
document andBid Processing Fee.
For e.g., if the bid submission deadline is 18:00 hrs on 31.07.2023, the online bid opening
will be conducted on 02.08.2023. In case of the above deadline being a holiday, the bids
will be opened on the next working day.

41.2 Subject to Clause 30 of the RfS, GUVNL will examine all the documents submitted by
the Bidders and ascertain meeting of eligibility conditions prescribed in the RfS. During
the examination of the bids, GUVNL may seek clarifications/additional documents to
the documents submitted etc. from the Bidders if required to satisfy themselves for
meeting the eligibility conditions by the Bidders. Bidders shall be required to respond
to any clarifications/additional documents sought by GUVNL within 02 (two) days from
the date of such intimation from GUVNL. All correspondence in this regard shall be
made through email/ISN-ETS portal only. It shall be the responsibility of the Bidder to
ensure that the email id of the authorized signatory of the Bidder is functional. The
Bidder may provide an additional email id of the authorized signatory in the covering
letter. No reminders in this case shall be sent. It shall be the sole responsibility of the
Bidders to remove all the discrepancies and furnish additional documents as requested.
GUVNL shall not be responsible for rejection of any bid on account of the above.
41.3 The response to RfS submitted by the Bidder shall be scrutinized to establish Techno-
Commercial eligibility as per the RfS.

42 Financial Bid Evaluation (Step 2)


42.1 In this step evaluations of Techno-Commercially Qualified Bids shall be done based on
the capacity charges, or the “First Round Tariff”, quoted by the Bidder in the Electronic
Form of Financial Bid. After this step, the shortlisted bidders shall be invited for the
Reverse Auction. The “tariff” in this section, will refer to the capacity charges
quoted by the bidders.
42.2 Second Envelope (containing First Round Tariff) of only those bidders shall be opened
whose technical bids are found to be qualified as per the RfS.
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42.3 The Bidder including its Parent, Affiliate or Ultimate Parent or any Group Company
will have to submit a single bid (single application) quoting a single tariff (capacity
charges) in Indian Rupee per MW per month for all the Projects applied for. The tariff
has to be quoted in Indian Rupee per MW per month in whole numbers only (no
decimal places allowed). If it is quoted with any decimal places, the digits in the
decimal places shall be ignored. (For e.g. if the quoted tariff is INR 450.34/MW/Month
, then it shall be considered as INR 450/MW/ Month).
42.4 In this step, evaluation will be carried out based on tariff quoted by the Bidders.

42.5 On completion of Techno-Commercial bid evaluation, if it is found that only one


Bidder is eligible for the next stage OR if only one qualified bid is received, the
opening of the financial bid of the Bidder may be done with consent of Appropriate
Commission.
42.6 If the first-round tariff quoted is same for two or more Bidders, then all the Bidders with
same tariff shall be considered of equal rank/ standing in the order.
42.7 All Bidders with same tariff shall be eligible for reverse auction round (provided their
rank is equal to or less than nth Bidder as mentioned in Clause 42.8 of the RfS.
42.8 Ranking of bidders after Financial Bid Evaluation: Following illustrates an example of
ranking of bidders after financial bid opening and evaluation

Bidder Submitted Financial Bid Ranking


B1 ₹ 210 (Tariff in ₹/ MW) L1
B2 ₹ 220 (Tariff in ₹/ MW) L2
B3 ₹ 230 (Tariff in ₹/ MW) L3
B4 ₹ 230 (Tariff in ₹/ MW) L3
B5 ₹ 243 (Tariff in ₹/ MW) L4
B6 ₹ 260 (Tariff in ₹/ MW) L5
B7 ₹ 365 (Tariff in ₹/ MW) L6
B8 ₹ 469 (Tariff in ₹/ MW) L7
B9 ₹ 570 (Tariff in ₹/ MW) L8

43 Reverse Auction (Step 3)


43.1 The reverse auction for the total tendered capacity shall be conducted on the portal
https://www.bharat-electronictender.com, on the day as intimated by GUVNL to the
eligible Bidders.
43.2 The Total eligible Bidders for the reverse auction shall be decided as mentioned below:
Assuming
T = Total Techno-Commercially Qualified Bidders, and
Sk = Cumulative capacity till the ‘k’th serial number bidder (not the ‘k’th rank bidder)
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after ranking is done in ascending order from the lowest price bid, or “L1 bid” onwards
SE = (i) In case 125 MW ≤ ST ≤ 250 MW, SE = 250 MW
(Eligible capacity (ii) In case ST > 250 MW, SE = 250 MW
for Intend)

Total eligible Bidders for e-Reverse Auction


i. In case SE ≤ 250 MW: all the techno-commercially qualified bidders whose financial
bids are in line with the RfS provisions, will be shortlisted for e-RA.
Accordingly, the no. of bidders shortlisted for e-RA, i.e., “n” = “T”.

ii. In case SE >250 MW: The lowest ranked bidder, i.e. the bidder quoting the highest
tariff (the “H1 bidder”) shall be eliminated at this stage, and the remaining techno-
commercially qualified bidders whose financial bids are in line with the RfS
provisions, will be shortlisted for e-RA.
Accordingly, the no. of bidders shortlisted for e-RA, i.e., “n” = “T”-1
Note:
(a) In case more than one bidder is ranked as “H1” bidder, i.e. such bidders are at the
same tariff, all such bidders will be eliminated at this stage.

(b) The above elimination will take place subject to the condition that the total bid
capacity after such elimination remains more than 250 MW. In the contradictory
scenario, no elimination will take place at this stage.

For e.g. (Shortlisting of Bidders for reverse auction):


Scenario-1: Total bid capacity of techno-commercially shortlisted bidders = ST=820 MW
S. Techno
No. commercially Capacity Shortlisted
Rank T SE n
qualified Bidder (MW) Bidders

1 B8 L1 150 B8
2 B5 L2 250 B5
250
3 B1 L3 140 5 4* B1
MW
4 B4 L3 130 B4
5 B2 L4 150
* n = 5-1 = 4 as per the above formula.

Scenario-2: Total bid capacity of techno-commercially shortlisted bidders = ST=750 MW

S. Techno commercially Capacity Shortlisted


Rank T SE n
No. qualified Bidder (MW) Bidders

1 B8 L1 250 B8
500
2 B5 L2 250 3 3 B5
MW
3 B1 L3 250 B1
* since if n=T-1, total capacity is not more than 250 MW, n = 3 as per the above formula
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43.3 After opening of Financial Bids and at least two hours before the scheduled start time
of Reverse Auction on the same day, a system generated email for invitation for
Reverse Auction will be sent to those bidders who have been shortlisted for Reverse
Auction based on the criteria mentioned at Clause 43.2 above.
43.4 Shortlisted bidders for Reverse Auction will be able to login into the ISN-ETS portal of
reverse auction 15 minutes before the start time of reverse auction.
a. During the 15 minutes prior to start of reverse auction process, the respective tariff
of the bidder shall be displayed on its window.
b. The minimum decrement value for tariff shall be INR 1000 per MW per Month. The
Bidder can mention its revised discounted tariff which has to be at least Rs.
1000/MW / Month less thanits current tariff.
c. Bidders can only quote any value lower than their previous quoted tariff taking into
consideration the minimum decrement value mentioned in the previous clause.
However, at any stage, increase in tariff will not be permissible. Bidders can improve
their ranking by quoting the tariff lower than their last quoted tariff.
d. During reverse auction, the Bidder shall not have the option of changing the total
project capacity while quoting tariff during reverse auction.
e. In the bidder’s bidding window, the following information can be viewed by the
bidder:
i. Its tariff as the initial start price and there after last quoted tariff along with
the project capacity for which the Bidder is qualified.
ii. The list of all the Bidders with their following details: Pseudo Identity, last
quoted tariff and project capacity
f. The initial auction period will be of 30 (thirty) minutes with a provision of auto
extension by 5 (five) 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. The ‘zones’ are as defined below:
i. Green Zone: This zone consists of the Bidders who may be allocated their full
quoted Project capacity, subject to provisions of Clause 43, if the auction is
closed at that instant.
ii. 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.
iii. Red Zone: This zone consists of the Bidders who will not be awarded their
quoted Project capacity, subject to provisions of Clause 43, if the auction is
closed at that instant.

If no such change as described above is effected during the last 5 minutes of auction
period or extended auction period, then the reverse auction process will automatically
get closed.

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44 Selection of Successful Bidders
44.1 Subsequent to conclusion of the e-RA process, the bidders in the “Green” and “Yellow”
zones as per Clause 43.4.f. above, will be listed in the increasing order of the tariffs
discovered at the end of e-RA.
44.2 The bidders who fall within the range of (and including) the lowest tariff (L1 tariff) +
2% of the L1 tariff-hereinafter referred to as “the range”- will be declared as Successful
Bidders under the RfS, subject to the following conditions:

i. In case the cumulative capacity shortlisted as per the range exceeds SE (capacity
eligible for Award as per Clause 43.2 above), the list of Successful Bidders shall be
limited by SE.

ii. In a borderline case, i.e. the scenario wherein more than one bidder is eligible to be
declared as Successful Bidder at the highest tariff (the tariff at the end of the range),
and the cumulative capacity exceeds SE, time stamping of bidders shall be used to
limit allocation of cumulative capacity up to SE. In such cases, those bidders who are
at the same tariff, but they are ranked lower than the ones which fall within the
cumulative capacity limit of SE, will not be eligible to be declared as Successful
Bidders.
In other words, in every possible scenario, the total capacity to be Awarded under
theRfS shall be limited to SE.
iii. Time stamping- In case of a tie among two or more Bidders (i.e. their last quoted
tariff being the same), they will be considered in the chronological order of their last
quoted tariff during the e-RA with preference to be given to that Bidder who has
quoted his last tariff during the e-RA, earlier than others.
iv. In the above case, if the time of quote also becomes exactly same among the Bidders
at a tie, then the ranking among these Bidders shall be done as follows:

 Step 1: Lowest rank will be given to the Bidder who has quoted the lowest in
Financial Bid (Electronic Form) and so on. If there is also a tie among any of
these bidders, then the following step (Step 2) will be followed.

 Step 2: Ranking will be done based on draw of lots.


44.3 Illustration: Following example provides a possible illustration of the above
methodology:
• L1 tariff discovered after e-RA: Rs. 250/MW/Month
• The range (L1+2% of L1): Rs. 255/MW/Month

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Quoted Cumulative Qualified as
Time Tariff
Rank Capacity Capacity Successful
stamp (INR/MW/
(MW) (MW) Bidder
Month)
L1 150 150 NA 250 L1
L2 250 400 16:00:01 255 L2
L2 140 540 16:00:02 255 ---
L3 130 670 NA 260 ---
L4 150 820 NA 270 ---

44.4 Note: The allocation of cumulative project capacity shall be closed at SE. In case of the
last selected Bidder, if the balance project capacity is less than the total capacity
mentioned by the bidder, then the capacity allotment shall be as per Clause 44.6 of the
RFS.
44.5 Not used.
44.6 In case the partial capacity is offered to the last Successful Bidder as per Clause 43.2
above and such partial capacity allotment is less than 50% of the quoted capacity of
the bidder, the bidder shall have option to exit from such lower capacity allotment.
However, it shall be mandatory for the last Bidder to accept the partial capacity less
than 50% of its quoted capacity if such capacity allotment is 70 MW or above. In case
the last Bidder refuses to accept partial capacity offered by GUVNL as above, the
Bank Guarantee(s) against EMD submitted by such Bidder shall be encashed by
GUVNL.

45 Issuance of LOIs
a) At the end of the selection process, a Letter of Intent (LOI) will be issued to the
successful Bidders for each Project. In case of a Consortium being selected as the
successful Bidder, the LOI shall be issued to the Lead Member of the Consortium.
b) GUVNL reserves the right to annul the bid process without any financial
implications to any of the parties concerned.
c) In all cases, GUVNL’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.
d) BESPA to be signed between BESSD & Procurer (GUVNL) for Awarded capacity
within 10 Days of adoption of tariff or any other extended date as mutually agreed
between GUVNL and the successful bidders otherwise the Awarded capacity shall stand
cancelled.

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SECTION 6. DEFINITIONS OF TERMS
46 Following terms used in the documents will carry the meaning and
interpretations as described below:
46.1 "ACT" or "ELECTRICITY ACT, 2003" shall mean the Electricity Act, 2003 and
include any modifications, amendments and substitution from time to time.
46.2 “AFFILIATE” shall mean a company that, directly or indirectly,
i. controls, or
ii. is controlled by, or
iii. 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.
46.3 “APPROPRIATE COMMISSION” shall mean as Gujarat Energy Regulatory
Commission (GERC).

46.4 “AVAILABILITY” shall mean as defined in Clause 9 of the RfS.


46.5 “BATTERY ENERGY STORAGE SYSTEMS” or “BESS” shall mean the
system(s)/projects utilizing methods and technologies such as electrochemical
batteries (Lead Acid, Li-ion, solid state batteries, flow batteries, etc.), providing a
facility that can store chemical energy and deliver the stored energy in the form of
electricity. Such systems may be operated on stand-alone basis.

46.6 “BATTERY ENERGY STORAGE SYSTEM DEVELOPER” or “BESSD” or


“DEVELOPER” or “PROJECT DEVELOPER” shall mean the entity
owning/operating the BESS facility for supply of power under the BESPA, and
shall refer to the Bidding Company or a Bidding Consortium participating in the
bid and having been selected and allocated a Project capacity by GUVNL
(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 BESPA with GUVNL.

46.7 “BATTERY ENERGY STORAGE PURCHASE AGREEMENT” or “BESPA”


shall mean the agreement signed between the Selected Bidder/BESSD and
GUVNL for procurement of capacity from the BESS, as per the terms and
conditionsof the standard BESPA enclosed with this RfS.

46.8 (Not used).

46.9 “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 GUVNL.

46.10 “BIDDER” shall mean Bidding Company (including a foreign company) or a


Bidding Consortium submitting the Bid. Any reference to the Bidder includes
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Bidding Company/ Bidding 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; foreign
companies participating in the bidding process shall be registered as companies as
per the rules oftheir country of origin.

46.11 “BIDDING CONSORTIUM” or “CONSORTIUM” shall refer to a group of


Companies that collectively submit the response in accordance with the provisions
of this RfS under a Consortium Agreement.

46.12 “BID CAPACITY” shall mean aggregate project capacity of the Battery Energy
Storage System(s) as proposed by the Bidder.

46.13 “GUVNL” shall mean Gujarat Urja Vikas Nigam Limited.


46.14 “CHARTERED ACCOUNTANT” shall mean a person practicing in India or a
firm whereof all the partners practicing in India as a Chartered Accountant(s)
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.

46.15 “COMPANY” shall mean a body corporate incorporated in India under the
Companies Act, 2013 or any law in India prior thereto relating to Companies, as
applicable.

46.16 “COMMERCIAL OPERATION DATE (COD)” shall mean the date as defined in
Clause 25 of the RfS.

46.17 “CONTRACTED CAPACITY” shall mean the capacity in MW/MWh (“X” MW x


2hrs) contracted with GUVNL for providing Energy storage facility for charging
and discharging the system on “on-demand” basis, based on which the BESPA is
executed with GUVNL.

46.18 “CONTRACT YEAR” shall mean the period beginning from the Effective Date of
the BESPA and ending on the immediately succeeding 31st March and thereafter
each period of 12 months beginning on 1st April and ending on 31st March
provided that:
a. in the financial year in which the Scheduled Commissioning Date would occur, the
Contract Year shall end on the date immediately before the Scheduled
Commissioning Date and a new Contract Year shall commence once again from the
Scheduled Commissioning Date and end on the immediately succeeding 31st
March, and thereafter each period of 12 (Twelve) Months commencing on 1st April
and ending on31st March, and
b. provided further that the last Contract Year of this Agreement shall end on
the last dayof the Term of this Agreement.

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46.19 “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.

46.20 “CONTROLLING SHAREHOLDING” shall mean more than 50% of the voting
rights and paid up share capital in the Company/ Consortium.

46.21 “CENTRAL TRANSMISSION UTILITY (CTU)” shall mean the Central


Transmission Utility as defined in sub-section (10) of section 2 of the Electricity
Act 2003.

46.22 “DAY” shall mean calendar day.


46.23 “EFFECTIVE DATE” This Agreement shall come into effect from the date of signing
by both parties and such date shall be referred to as the Effective Date.

46.24 “EQUITY” shall mean Net Worth as defined in Companies Act, 2013.
46.25 “FINANCIAL CLOSURE” or “PROJECT FINANCING ARRANGEMENTS”
means arrangement of necessary funds by the BESSD towards 100% Project Cost
either by way of commitment 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 or letter agreeing to finance;

46.26 “GUIDELINES” shall mean “Guidelines for Procurement and Utilization of Battery
Energy Storage Systems as part of Generation, Transmission and Distribution
assets, along with Ancillary Services” issued by Ministry of Power vide Gazette
Resolution dated 10.03.2022, including subsequent amendments and clarification
thereof, if any, issued until the last date of bid submission of this RfS.

46.27 “GROUP COMPANY” of a Company means


a. a Company which, directly or indirectly, holds 10% (Ten Percent) or more of the
share capital of the Company or;
b. a Company in which the Company, directly or indirectly, holds 10% (Ten Percent) or
more of the share capital of such Company or;
c. 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;
d. 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;
e. 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 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 entities which have Government shareholding, financial institution,
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scheduled bank, foreign institutional investor, Non-Banking Financial Company,
and any mutual fund, pension funds and sovereign funds 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.

46.28 “INTER-CONNECTION POINT/ DELIVERY/ METERING POINT” shall


mean a single point at the ______ Substation of the STU network, at the voltage
level of ___kV, where the power from the Project(s) is injected into the grid
(including the dedicated transmission line connecting the Projects with the
substation system) as specified in the RfS. Metering shall be done at this
interconnection point where the power is injected into. For interconnection with
grid and metering, the BESSDs shall abide by the relevant CERC/ GERC
Regulations, Grid Code and Central Electricity Authority (Installation and
Operation of Meters) Regulations, 2014 as amended and revised from time to
time.

46.29 “Not used.


46.30 “JOINT CONTROL” shall mean a situation where a company has multiple
promoters (but none of the shareholders has more than 50% of voting rights and
paid up share capital).

46.31 “LEAD MEMBER OF THE BIDDING CONSORTIUM” or “LEAD


MEMBER”: There shall be only one Lead Member, having the shareholding of
not less 51% in the Bidding Consortium.
Note: The shareholding of the Lead member in the Project Company (Special
PurposeVehicle) cannot be changed till 01 (one) year after the Commercial
Operation Date (COD) of the Project.

46.32 “LETTER OF INTENT” or “LOI” shall mean the letter issued by Gujarat Urja
Vikas Nigam Limited (GUVNL) to the selected Bidder for Award of the Project.

46.33 “LIMITED LIABILITY PARTNERSHIP” or “LLP” shall mean a Company


governed by Limited Liability Partnership Act 2008 or as amended.
46.34 “LLC” shall mean Limited Liability Company.
46.35 “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.
46.36 “MONTH” shall mean calendar month.

46.37 “NET-WORTH” shall mean the Net-Worth as defined section 4 of the Companies
Act, 2013.
46.38 “PAID-UP SHARE CAPITAL” shall mean the paid-up share capital as defined in
Section 4 of the Companies Act, 2013.
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46.39 “PARENT” shall mean a Company, which holds more than 50% voting rights and
paid up share capital, either directly or indirectly in the Project Company or a
Member in a Consortium developing the Project.

46.40 “PROJECT” shall mean the Battery Energy Storage System set up by the BESSD
for supply of Power “on Demand” basis, having single point of injection into the grid
at Interconnection/ Delivery/ Metering Point. The Project shall also comprise
auxiliaries and associated facilities, bay(s) for transmission system in the their
switchyard, dedicated transmission line up to the injection point and all the other
assets, buildings/structures, equipment, plant and machinery (pertaining to the
BESS), facilities and related assets required for the efficient and economic operation
of the power supply facility, whether completed or at any stage of development and
construction or awarded to be developed and constructed for the purpose of supply of
power to GUVNL.

46.41 “PROJECT CAPACITY” shall mean the maximum AC capacity at the delivery
pointthat can be scheduled from the Project.
46.42 “PROJECT COMMISSIONING”: The Project will be considered as
commissioned in line with the Commissioning procedure defined in the RfS/BESPA
and upon certification thereof by GEDA.
46.43 “PROJECT LOCATION” shall mean the area identified by the BESSD,
comprising village(s), Tehsil(s)/Taluk(s) and District(s) within Gujarat, where the
Project is being implemented.
46.44 “POWER ON DEMAND” shall mean the requirement of GUVNL to charge and
discharge the BESS based on its requirements during the time of day, subject to
provisions of the RfS and BESPA.
46.45 “RENEWABLE ENERGY (RE) POWER” shall mean power from a RE Power
generation facility.
46.46 “RfS” or “RfS DOCUMENT” or “BIDDING DOCUMENT(S)” or “TENDER
DOOCUMENTS” shall mean the “Request for Selection” document issued by
GUVNL including standard Battery Energy Storage Purchase Agreement, along with
subsequent clarifications and amendments thereof, vide RfS No. GUVNL-2022-
TN0000… dated ……….2023.

46.47 Not Used


46.48 “SCHEDULED COMMISSIONING DATE” or “SCD” shall be the date as
indicatedin Clause 10.2 of the RfS.
46.49 “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
theterms of BESPA.

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46.50 “STATE TRANSMISSION UTILITY” or “STU” shall mean Gujarat Energy
Transmission Corporation Limited (GETCO).
46.51 “TOE” shall mean Tender Opening Event.
46.52 “ULTIMATE PARENT” shall mean a Company, which owns more than 50%
(Fifty Percent) voting rights and paid up share capital, either directly or indirectly in
the Parentand Affiliates;
46.53 “WEEK” shall mean calendar week;

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SECTION 7. SAMPLE FORMS & FORMATS FOR BID
SUBMISSION
The following formats are required to be submitted as part of the RfS. These formats are
designed to demonstrate the Bidder’s compliance with the Qualification Requirements set forth
in Section 4 and other submission requirements specified in the RfS.

Format 7.1
COVERING LETTER
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/
Lead Member of Consortium)
Ref.No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of


Consortium)

Tel.#:
Fax#:
E-mail address#

To,
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751
Website-www.guvnl.com

Sub: Response to RfS No. ……….. dated ………….. for ................................. (Insert title of
the RfS)
Dear Sir/ Madam,
We, the undersigned [insert name of the ‘Bidder’] having read, examined and understood
in detail the RfS including Qualification Requirements in particular, terms and conditions of
the standard BESPA for availability of Contracted Capacity for the Term of the BESPA to
GUVNL, hereby submit our response to RfS.
We confirm that in response to the aforesaid RfS, neither we nor any of our Ultimate
Parent Company/ 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
(as mentioned in Format 7.8 under Disclosure) OR We confirm that in the response to the
aforesaid RfS, we have a Group Company who owns more than 10% but less than 26% in the
RfS for Procurement of 250 MW/ 500 MWh
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bidding company as well as other companies who may participate in this RfS, and accordingly,
we have submitted requisite undertaking as per Format 7.8A in this regard [strike out whichever
not applicable].
We also confirm that we including our Ultimate Parent Company/ Parent Company/ Affiliate/
Group Companies directly or indirectly have not submitted response to RfS for more than
cumulative capacity of 250 MW/500 MWh, including this response to RfS.
We are submitting response to RfS for the development of following Project(s) [strike out one
of the projects if not applicable]: -

Project
Contracted capacity offered Interconnection Point Details
Preference*

*The preferences of the Projects shall be considered only for the last successful bidder whose
total quoted capacity is more than the balance capacity. In this case, allocation will be done as
described in Clause 44.3 of the RfS, subject to availability of such project after selection by other
bidders having rank better than the last bidder.

1. We give our unconditional acceptance to the RfS, dated ............................ [Insert date
in dd/mm/yyyy], standard BESPA documents attached thereto, issued by GUVNL. In
token of our acceptance to the RfS and BESPA documents along with the
amendments and clarifications issued by GUVNL, the same have been digitally
signed by us and enclosed with the response to RfS. We shall ensure that the BESPA is
executed as per the provisions of the RfS and provisions of BESPA and shall be binding
on us. Further, we confirm that the Project shall be commissioned within the deadline
as per Clause 10 of the RfS.

2. Earnest Money Deposit (EMD):- (Please read Clause 18 carefully before filling)
We have enclosed EMD of INR …………. (Insert Amount), in the form of Bank
Guarantee no… ............. [Insert bank guarantee number] dated .............. [Insert date of
bank guarantee] as per Format 7.3A from ………… [Insert name of bank providing
bank guarantee] and valid up to………….in terms of Clause No. 18 of this RfS. The
total capacity of the BESS Project offered by us is .................. MW/………….. MWh.
[Insert cumulative capacity proposed]. (Strike off whichever is not applicable).

3. We hereby declare that in the event our Project(s) get selected and we are not able to
submit Bank Guarantee of the requisite value(s) towards PBG, Success charge for the
selected Projects, within due time as mentioned in Clauses 18 & 19 of this RfS on
issue of LOA by GUVNL for the selected Projects and/or we are not able to sign
BESPA with GUVNL within the timeline as stipulated in the RfS for the selected
Projects, GUVNL shall have the right to take action as per provisions of Format-7.3A
of the RfS.

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4. We have submitted our response to RfS strictly as per Section 7 (Sample Forms and
Formats) of this RfS, without any deviations, conditions and without mentioning any
assumptions or notes in the said Formats.
5. Acceptance:-
We hereby unconditionally and irrevocably agree and accept that the decision made by
GUVNL in respect of any matter regarding or arising out of the RfS shall be binding
on us. We hereby expressly waive and withdraw any deviations from the provisions of
theRfS and also waive and withdraw all claims in respect of this process.
We also unconditionally and irrevocably agree and accept that the decision made by
GUVNL in respect of Award of Projects according to our preference order as above
and inline with the provisions of the RfS, shall be binding on us.
6. Familiarity with Relevant Indian Laws, Regulations and Orders:-
We confirm that we have studied the provisions of the relevant Indian Laws,
Regulations and Order issued by judicial bodies as required to enable us to submit this
response to RfS and execute the BESPA, in the event of our selection as Successful
Bidder.

7. In case of our selection as the Successful bidder under the scheme and the project being
executed by a Special Purpose Vehicle (SPV) incorporated by us which shall be our
subsidiary, we shall infuse necessary equity to the requirements of RfS. Further we will
submit a Board Resolution prior to signing of BESPA with GUVNL, committing total
equity infusion in the SPV as per the provisions of RfS.

8. We are submitting our response to the RfS with formats duly signed as desired by you
in the RfS online for your consideration.

9. It is confirmed that our response to the RfS is consistent with all the requirements of
submission as stated in the RfS, including all clarifications and amendments and
subsequent communications from GUVNL.

10. 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.

11. We confirm that all the terms and conditions of our Bid are valid up to
(Insert date in dd/mm/yyyy) for acceptance [i.e. a period of 180 (One Hundred Eighty)
Days from the last date of submission of response to RfS].

12. Contact Person

Details of the representative to be contacted by GUVNL are furnished as


under:Name : ……………………………………
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Designation : ……………………………………
Company : ……………………………………
Address : ……………………………………
Phone Nos. : ……………………………………
Mobile Nos. : ……………………………………
Fax Nos. : ……………………………………
E-mail address: ……………………………………

13. We have neither made any statement nor provided any information in this Bid, which
to 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 BESPA and
consequent provisions of BESPA shall apply.

Dated the _day of , 20….

Thanking you,
We remain,
Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Format 7.2
FORMAT FOR POWER OF ATTORNEY
(Applicable Only in case of Consortiums)
(To be provided by each of the other members of the Consortium in favor of the Lead Member)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

KNOW ALL MEN BY THESE PRESENTS THAT M/s .......................................... having its
registered office at ………………………….……., …., and M/s …………………….….
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……….……………… and having agreed to appoint
M/s……………………………..…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 No……………..
We also authorize the said Lead Member to undertake the following acts:
i) To submit on behalf of Consortium Members response to RfS.
ii) To do any other act or submit any information and document related to the above
response to RfS Bid.
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 BESPA.
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 M/s .......................................................................... , 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………………………….
-------------------------------- (Signature of person authorized by the board)
(Name
Designation
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Place:
Date:)
Accepted

(Signature, Name, Designation and Address


of the person authorized by the board of the Lead Member)

Attested

(Signature of the executant)

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

Place:
Date:

Lead Member in the Consortium shall have the controlling shareholding in the Company as
defined in Section-5, Definition of Terms of the RfS.

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Format 7.3A
FORMAT FOR BANK GUARANTEE TOWARDS EARNEST MONEY DEPOSIT
(EMD)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

Reference: ……………………………….
Bank Guarantee No.: ........................…
Date: ...................……...

In consideration of the [Insert name of the Bidder]


(hereinafter referred to as 'Bidder') submitting the response to RfS inter alia for [Insert
title of the RfS] of the cumulative capacity of
MW/MWh [Insert cumulative Project capacity proposed] for offering Battery
Energy Storage System on long term basis, in response to the RfS No. _ dated
issued by Gujarat Urja Vikas Nigam Limited (hereinafter referred to as
GUVNL) and GUVNL 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 bank] hereby
agrees unequivocally, irrevocably and unconditionally to pay to GUVNL at [Insert Name of
the Place from the address of GUVNL] forthwith without demur on demand in writing from
GUVNL or any Officer authorized by it in this behalf, any amount upto and not
exceeding Rupees
[Insert amount not less than that derived on the basis of Rs. 7.4 Lakhs per
MW of cumulative capacity proposed], only, on behalf of M/s
[Insert name of the Bidder].

This guarantee shall be valid and binding on this Bank up to and including _ [insert
date of validity in accordance with Clause No. 18 of this RfS] and shall not be terminable by
notice or any change in the constitution of the Bank or the term of contract or by any other
reasons whatsoever and our liability hereunder shall not be impaired or discharged by any
extension of time or variations or alternations made, given, or agreed with or without our
knowledge or consent, by or between parties to the respective agreement.

Our liability under this Guarantee is restricted to INR………………..(Indian Rupees


only). Our Guarantee shall remain in force until
[insert date of validity in accordance with Clause No. 18 of this RfS].
GUVNLshall be entitled to invoke this Guarantee till [insert date of validity in accordance
with Clause No. 18 of this RfS].

The Guarantor Bank hereby agrees and acknowledges that the GUVNL shall have a right to
invokethis 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 GUVNL, made in any format, raised at the above mentioned address of
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the Guarantor Bank, or at branch located Vadodara in order to make the said payment to
GUVNL.
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 GUVNL to justify the
invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse
against GUVNL in respect of any payment made hereunder.

This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Gujarat 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 GUVNL shall not be obliged before enforcing this BANK GUARANTEE to take
anyaction 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 GUVNL or to exercise, levy or enforce any distress, diligence or other process against the
Bidder.

This BANK GUARANTEE shall be effective only when the Bank Guarantee issuance message
is transmitted by the issuing Bank through SFMS to State Bank of India and a confirmation in
this regard is received by GUVNL.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is


restricted to INR (Indian Rupees Only) and it
shall remain in force until [Date to be inserted on the basis of Clause No. 18 of
this RfS].

We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only
if GUVNL serves upon us a written claim or demand.

Signature:
Name:
Power of Attorney No.:
For
[Insert Name and Address of the Bank]
Contact Details of the Bank:
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E-mail ID of the Bank:
Banker's Stamp and Full Address.
Dated this day of , 20

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Format 7.3 B
FORMAT FOR PERFORMANCE BANK GUARANTEE (PBG)
(To be submitted Separately for each Project)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

Reference: ……………………………….
Bank Guarantee No.: ........................…
Date: ...................……...

In consideration of the [Insert name of the Bidder] (hereinafter


referred to as ‘selected Battery Energy Storage System Developer') submitting the response to
RfS inter alia for ……………………………[insert title of the RfS] of the capacity of ……….
MWh, at …………[Insert name of the place], in response to the RfS dated… ............ issued by
Gujarat Urja Vikas Nigam Limited (hereinafter referred to as GUVNL) and GUVNL
considering such response to the RfS of ............ [Insert name of the Bidder] (which expression
shall unless repugnant to the context or meaning thereof include its executers, administrators,
successors and assignees) and selecting the Project of the Battery Energy Storage System
Developer (BESSD) and issuing Letter of Intent No. to
(Insert Name of selected Battery Energy Storage System Developer)
as per terms of RfS and the same having been accepted by the selected BESSD resulting in a
Battery Energy Storage Purchase Agreement (BESPA) to be entered into, for procurement of
capacity [from selected Battery Energy Storage System Developer 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 Bank] hereby
agrees unequivocally, irrevocably and unconditionally to pay to GUVNL at [Insert Name of
the Place from the address of the GUVNL] forthwith on demand in writing from GUVNL or
any Officer authorised by it in this behalf, any amount up to and not exceeding
Indian Rupees
[Total Value] only, on behalf of M/s
[Insert name of the selected Battery Energy Storage
System Developer/ Project Company]

This guarantee shall be valid and binding on this Bank up to and including ............... and shall
not be terminable by notice or any change in the constitution of the Bank or the term of contract
or by any other reasons whatsoever and our liability hereunder shall not be impaired or
discharged by any extension of time or variations or alternations made, given, or agreed with
or without our knowledge or consent, by or between parties to the respective agreement.
Our liability under this Guarantee is restricted to INR (Indian Rupees
Only).

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Our Guarantee shall remain in force until……………. GUVNL shall be entitled to invoke this
Guarantee till ……….
The Guarantor Bank hereby agrees and acknowledges that GUVNL 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 GUVNL, made in any format, raised at the above mentioned address of
the Guarantor Bank, or at branch located Vadodara in order to make the said payment to
GUVNL.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by [Insert name of the
selected Battery Energy Storage System Developer/ Project Company as applicable] and/ or
any other person. The Guarantor Bank shall not require GUVNL to justify the invocation of
this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against GUVNL in
respectof any payment made hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Gujarat 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 GUVNL shall not be obliged before enforcing this BANK GUARANTEE to take
any action in any court or arbitral proceedings against the selected Battery Energy Storage
System Developer/ Project Company, to make any claim against or any demand on the selected
Battery Energy Storage System Developer/ Project Company or to give any notice to the
selected Battery Energy Storage System Developer/ Project Company or to enforce any
security held by GUVNL or to exercise, levy or enforce any distress, diligence or other
process against the selected Battery Energy Storage System Developer / Project Company.

This BANK GUARANTEE shall be effective when the Bank Guarantee issuance message is
transmitted by the issuing Bank through SFMS to GUVNL’s Bank and a confirmation in this
regard is received by GUVNL.
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to
GUVNL and may be assigned, in whole or in part, (whether absolutely or by way of security)
by GUVNL to any entity to whom GUVNL is entitled to assign its rights and obligations
under the BESPA.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to INR (Indian Rupees Only) and it
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shall remain in force until ...................... We are liable to pay the guaranteed amount or any part
thereof under this Bank Guarantee only if GUVNL serves upon us a written claim or demand.
Signature:
Name:
Power of Attorney No.:
For
[Insert Name and Address of the Bank]

Contact Details of the Bank:

E-mail ID 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 be in the name of the Executing Bank and of appropriate value.

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Format 7.3 C
(not used)

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Format 7.3 D
(Not used)

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Format 7.4
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 or
Companies Act 2013, as 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 vide RfS No. for (insert title of the RfS), including
signing and submission of all documents and providing information/ response to RfS to
Gujarat Urja Vikas Nigam Limited (GUVNL), representing us in all matters before GUVNL,
and generally dealing with GUVNL in all matters in connection with our bid for the said
Project. (Tobe 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 or
Companies Act, 2013, as 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]
FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 or
Companies Act, 2013, as 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 each Member of the Bidding
Consortium including Lead Member such that total equity is 100%)
FURTHER RESOLVED THAT approval of the Board be and is hereby accorded to
participate in consortium with M/s ------------ [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 each Member of the Bidding Consortium
including Lead Member)
And

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 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 dated ..................... executed
by the Consortium as per the provisions of the RfS. [To be passed by the Lead Member of the
Bidding Consortium]

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3. NOT USED

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Certified True Copy

----------------------------
(Signature, Name and Stamp of Company Secretary)

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 or Companies Act, 2013 as applicable may
be suitably modified to refer to the law applicable to the entity submitting the resolution.
However, in such case, the foreign entity shall submit 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.

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Format 7.5
FORMAT FOR CONSORTIUM AGREEMENT
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

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 Battery Energy Storage Purchase Agreement (in
case of Award), against RfS No. dated issued by Gujarat Urja
Vikas Nigam Limited (GUVNL) a Company incorporated under the Companies Act, 2013,
and having its Registered Office at 1st Floor, Sardar Patel Vidyut Bhavan, Race Course
Vadodara-390007.
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 GUVNL desires to purchase Power under RfS for (insert title of the
RfS);
WHEREAS, GUVNL had invited response to RfS vide its Request for Selection (RfS) dated

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 GUVNL wherein the Consortium Members
haveto 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:
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 and to submit the response to the RfS.
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2. The Lead Member is hereby authorized 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 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 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 the execution of BESPA, the controlling shareholding


(having not less than 51% of the voting rights and paid up share capital) in the Project
Company developing the Project shall be maintained upto COD of the Project.
6. The Lead Member, on behalf of the Consortium, shall inter alia undertake full
responsibility for liaising with Lenders or through internal accruals and mobilizing debt
resources for the Project, and ensuring that the Seller achieves Financial Closure in
terms of the BESPA.
7. In case of any breach of any equity investment 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

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India and courts at Gujarat alone shall have the exclusive jurisdiction in all matters
relating thereto and arising thereunder.
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 GUVNL 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 Battery Energy Storage Purchase Agreement (BESPA) and shall
remain valid until the expiration or early termination of the BESPA in terms thereof,
unless expressly agreed to the contrary by GUVNL.
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 BESPA
except with prior written consent of GUVNL.

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
c) may not be amended or modified except in writing signed by each of the Members
and with prior written consent of GUVNL.
16. All the terms used in capitals in this Agreement but not defined herein shall have the
meaning as per the RfS and BESPA.
IN WITNESS WHEREOF, the Members have, through their authorized 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:
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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:

Signature and stamp of Notary of the place of execution

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Bidding (Phase-III)
Format 7.6
FORMAT FOR FINANCIAL REQUIREMENT
(This should be submitted on the Letter Head of the Bidding Company/ Lead Member of Consortium)
Ref. No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of


Consortium)
Tel.#:
Fax#:
E-mail address#
To
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751
Website-www.guvnl.com

Sub: Response to RfS No. dated for .


Dear Sir/ Madam,

We certify that the Bidding Company/Member in a Bidding Consortium is meeting the


financial eligibility requirements as per the provisions of the RfS. Accordingly, the Bidder,
with the support of its Affiliates, (strike out if not applicable) is fulfilling the minimum Net
Worth/AUM criteria, by demonstrating a Net Worth/AUM of Rs. ..................... Cr.
(… ........................ in words) as on the last date of Financial Year 2022-23 or as on the date at
least 7 days prior to the bid submission deadline (Strike our wherever not applicable).

This Net Worth/AUM has been calculated in accordance with instructions provided in Clause
39.1 of the RfS.

Exhibit (i): Applicable in case of Bidding Company


For the above calculations, we have considered the Net Worth/AUM by Bidding Company
and/ or its Affiliate(s) as per following details:

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Name of Affiliate(s) Relationship
Name of Bidding Net Worth/AUM
whose net worth is to be with Bidding
Company (in Rs. Crore)
considered Company*

Company 1

Total
*The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of
Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to establish the
relationship, duly certified by a practicing 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/AUM Requirement to be met by Member in Proportion to the Equity Commitment:
INR --------------Crore (Equity Commitment (%) * Rs. [ ] Crore)
For the above calculations, we have considered Net Worth/AUM by Member in Bidding
Consortium and/ or its Affiliate(s) per following details:

Name of
Relationship Equity Committed
Name of Affiliate(s) Net
with Commitment Net
Consortium whose net Worth/AUM
Bidding (in %age) in Worth/AUM
Member worth/AUM (in Rs.
Company* Bidding (in Rs.
Company is to be Crore)
(If any) Consortium Crore)
considered
Company 1
---
Total

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

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(Signature & Name of the Authorized Signatory) (Signature and Stamp of CA)

Membership No.
Regn. No. of the CA’s Firm:
Date:

Note: (i) Along with the above format, in a separate sheet on the letterhead of the Chartered
Accountant’s Firm, provide details of computation of Net Worth duly certified by
the Chartered Accountant.
(ii) Certified copies of Balance sheet, Profit & Loss Account, Schedules and Cash Flow
Statements are to be enclosed in complete form along with all the Notes to Accounts.

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FORMAT 7.7
UNDERTAKING
(To be submitted on the letterhead of the Bidder)

We, hereby provide this undertaking to Gujarat Urja Vikas Nigam Limited, in respect to our
response to RfS vide RfS No. dated , that M/s
(insert name of the Bidder), or any of its Affiliates is not a willful
defaulter to any lender.
Further, we also undertake that the Bidder & any of its Affiliate, including any Consortium
Member & any of its Affiliate, their directors have not 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 or any of its agencies.

(Name and Signature of the Authorized Signatory)

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Format 7.8
FORMAT FOR DISCLOSURE
(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

DISCLOSURE

Ref.No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of


Consortium)

Tel.#:
Fax#:
E-mail address#

To,
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751
Website-www.guvnl.com

Sub: Response to RfS No. dated for .


Dear Sir/ Madam,

We hereby declare and confirm that only we are participating in the RfS Selection process for
the RfS No. and that our Parent, 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 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/BESPA including but
not limited to cancellation of our response to this RfS and LOA/BESPA 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

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in any of the upcoming tenders issued by GUVNL for a period of 2 years from the date of
defaultas notified by GUVNL.
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.
We further declare that we have read the provisions of Clause 37.4 of the RfS, and are
complying with the requirements as per the referred OM dated 23.07.2020 except Sl. 11 of the
OM, including subsequent amendments and clarifications thereto. Accordingly, we are also
enclosing necessary certificates (Annexure to this format) in support of the above compliance
under the RfS. We understand that in case of us being selected under this RfS, any of the above
certificates is found false, GUVNL shall take appropriate action as deemed necessary.

Dated the _day of , 20….

Thanking you,

We remain,

Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Format 7.8A
FORMAT FOR DISCLOSURE
(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

(To be submitted by all such bidders in which a common Company/companies directly/indirectly


own(s) more than 10% but less than 26% shareholding)

DISCLOSURE
Ref.No. Date:

From: Insert name and address of Bidding Company/ Lead Member


Consortium) of
Tel. #:
Fax#:
E-mail address#
To,

RfS for Procurement of 250 MW/ 500 MWh


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Page 86 of 121
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Bidding (Phase-II)
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751,
Website-www.guvnl.com

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We hereby declare and confirm that in terms of the definitions of the RfS, M/s
(enter name of the common shareholder) is our Group Company, and has
a direct/indirect shareholding of less than 26% in the bidding company. M/s (enter
name of the common shareholder) also holds directly/indirectly less than 26% shareholding in
other Companies which may participate in this RfS, i.e. RfS No. .
We undertake that M/s (enter name of the above common shareholder) is not
a party to the decision-making process for submission of response to this RfS by M/s
(enter name of the bidding company/member in the consortium). We
further undertake that while undertaking any action as part of our response to RfS, we are not
complicit with other such bidders participating in this RfS, in which M/s
(enter name of the common shareholder) has less than 26% direct/indirect shareholding, if any.
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/BESPA including but
not limited to cancellation of our response to this RfS and LOA/BESPA 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 GUVNL for a period of 2 years from the date of
defaultas notified by GUVNL.
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.
We further declare that we have read the provisions of Clause 37.4 of the RfS, and are
complying with the requirements as per the referred OM dated 23.07.2020 except Sl. 11 of the
OM, including subsequent amendments and clarifications thereto. Accordingly, we are also
enclosing necessary certificates (Annexure to this format) in support of the above compliance
under the RfS. We understand that in case of us being selected under this RfS, any of the above
certificates is found false, GUVNL shall take appropriate action as deemed necessary.
Dated the _day of , 20 .
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.
RfS for Procurement of 250 MW/ 500 MWh
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Annexure to Format 7.8/7.8A
DECLARATION

RESTRICTION ON PROCUREMENT FROM CERTAIN COUNTRIES:


MoF OM No 6/18/2019-PPD dated 23.07.2020

(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
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751
Website-www.guvnl.com
Sub: Response to the RfS No ………………… dated .............................................. for the
tender for …………………………………………………
Dear Sir/ Madam,
This is with reference to attached order vide OM no. 6/18/2019-PPD dated 23rd July 2020
issued by Department of Expenditure, MoF, Govt of India.

We are hereby submitting the following declaration in this regard:

"l 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 23.07.2020, as referred above
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Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Format 7.9
FORMAT FOR TECHNICAL CRITERIA
(This should be submitted on the Letter Head of the Bidding Company/ Lead Member of Consortium)
(To be Submitted Separately for each Project)

Ref. No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of


Consortium)

Tel.#:
Fax#:
E-mail address#

To
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751
Website-www.guvnl.com
Sub: Response to RfS No. dated for .
Dear Sir/ Madam,
We hereby undertake to certify in line with Clause 23 under the title “Financial Closure” that
the following details shall be furnished within 12 (twelve) months from Effective Date of the
BESPA.
1.0 Evidence of achieving complete-tie-up of the Project Cost through internal accruals or
through a Financing Agency.
2.0 DPR of the Project, detailing out project configuration and proposed commissioning
schedule of the Project.
Failure or delay on our part in achieving the above conditions shall constitute sufficient grounds
for actions as per the provisions of the RfS.
Dated the _day of , 20….
Thanking you,
We remain,
Yours faithfully,
RfS for Procurement of 250 MW/ 500 MWh
Pilot Projects of Battery Energy Storage Systems in RfS No. GUVNL/BESS/Phase II dated _____
Page 90 of 121
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Bidding (Phase-II)
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Bidding (Phase-II)
Format 7.10
DECLARATION BY THE BIDDER FOR THE PROPOSED TECHNOLOGY TIE-UP
(To be Submitted Separately for each Project)

Name of Bidding Company/ Lead Member of


1
Bidding Consortium

2 Location(s) of BESS Project(s)

3 Contracted Capacity proposed ……MW/……MWh

Technology Proposed to be adopted for the (Brief about the technology


4
Project proposed)

Dated the _day of , 20….

Thanking you,
We remain,
Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Format 7.11
(not used)

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Format 7.12
FORMAT FOR SUBMISSION OF FINANCIAL BID
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/ Lead Member
of Consortium)

Ref. No. Date:

From: (Insert name and address of Bidding Company/ Lead Member of


Consortium)

Tel.#:
Fax#:
E-mail address#

To
General Manager (Power Trading)
Gujarat Urja Vikas Nigam Ltd
Sardar Patel Vidyut Bhavan,
Race Course Vadodara-390007
Tel No. 0265-2334751
Website-www.guvnl.com
Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

I/ We, (Insert Name of the Bidder) enclose herewith the Financial


Proposal for selection of my/ firm for number of Project(s) for a cumulative
capacity of MW/ ___MWh in Gujarat at GETCO Substation as Bidder for the above.

I/We agree that this offer shall remain valid for a period of 180 (One Hundred and Eighty) days
from the due date of submission of the response to RfS such further period as may be mutually
agreed upon.
Dated the _day of , 20….

Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Notes:
1. There can be only one tariff for all the projects applied for. If the bidder quotes two
tariffs or combination thereof for the projects, then the bid shall be considered as non-
responsive.

2. If the bidder submits the financial bid in the Electronic Form at ETS portal not in line
with the instructions mentioned therein, then the bid shall be considered as non-
responsive.

3. The quoted tariff shall be inclusive of all taxes till the submission of bid / validity of
bid.

4. Tariff requirement shall be quoted as a fixed amount for cumulative capacity of Rs. / MW /
Month in Indian Rupees only. Conditionalproposal shall be summarily rejected.

5. In the event of any discrepancy between the values entered in figures and in words, the
values shall be considered at GUVNL’s discretion.

6. Tariff should be in Indian Rupee in whole numbers only (no decimal places allowed).

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Format 7.13
PRELIMINARY ESTIMATE OF COST OF THE PROJECT

Project Capacity: .....................MW/….MWh


Location: ……………………….

Bidder may use any format to provide the break-up.

Dated the _day of , 20….

Thanking you,
We remain,
Yours faithfully,

Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

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Annexure - A
TECHNICAL AND REGULATORY REQUIREMENTS TO BE FOLLOWED FOR
BATTERY ENERGY STORAGE SYSTEMS
1. Codes and Standards
The BESS shall comply with the following Codes and Standards or equivalent Indian
Standards, as applicable.
Standard/ Code (or
Certification
equivalent Indian Description
Requirements
Standards)
IEC 62485-2 Safety requirements for secondary batteries and Applicable only for
battery installations - to meet requirements on Lead Acid and
safety aspects associated with the erection, use, NiCd/NiMH batteries
inspection, maintenance and disposal: Applicable
for Lead Acid and NiCd / NiMH batteries
UL 1642 or UL 1973, Secondary cells and batteries containing alkaline Required for Cell
Appendix E (cell) or or other non-acid electrolytes - Safety
IEC 62619 (cell) + requirements for secondary lithium cells and
IEC 63056 (cell) batteries, for use in industrial applications
UL 1973 (battery) or Batteries for Use in Stationary, Vehicle Auxiliary Either UL 1642 or
(IEC 62619 (battery) Power and Light Electric Rail (LER) UL1973 or (IEC 62619
+ IEC 63056 Applications / Secondary cells and batteries + IEC 63056) for the
(battery)) containing alkaline or other non-acid electrolytes Battery level
- Safety requirements for secondary lithium cells
and batteries, for use in industrial applications
IEC 62281 / UN 38.3 Safety of primary and secondary lithium cells and Required for both
batteries during transport: Applicable for storage Battery and Cell.
systems using Lithium Ion chemistries
IEC 61850/ DNP3 Communications networks and management
systems. (BESS control system communication)
UL 9540 or (IEC TS Electrical energy storage (EES) systems - Part 5- Either UL9540 or (IEC
62933-5-1 + IEC 1: Safety considerations for grid-integrated EES 62933-5-1 + IEC
62933-5-2) systems – General specification / Standard for 62933-5-2) is required
Energy Storage Systems and Equipment for BESS system level
IEC 62933-2-1 Electrical energy storage (EES) systems - Part 2- Tests for Class B
1: Unit Parameters and testing methods - applications:
Specification 1. Duty Cycle Round
Trip Efficiency Test
2. Equipment and Basic
Function Test
3. Available energy
Test
4. Insulation test
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Power Conditioning Unit Standards for BESS
Safety requirements for power electronic converter systems and equipment
IEC 62477-1
- Part 1: General
Safety requirements for power electronic converter systems and equipment
IEC 62477-2 - Part 2: Power electronic converters from 1 000 V AC or 1 500 V DC up
to 36 kV AC or 54 kV DC
IEC 61000-6-2 Ed. Electromagnetic compatibility (EMC) - Part 6-2: Generic standards -
2 Immunity standard for industrial environments
IEC 61000-6-4 Ed. Electromagnetic compatibility (EMC) - Part 6-4: Generic standards -
2.1 Emission standard for industrial environments
Utility-interconnected photovoltaic inverters - Test procedure of islanding
IEC 62116 Ed. 2
prevention measures
IEC 60068-2-
Environmental testing - Part 2-1: Tests - Test A: Cold
1:2007
IEC 60068-2-
Environmental testing - Part 2-2: Tests - Test B: Dry heat
2:2007
IEC 60068-2-
Environmental testing - Part 2-14: Tests - Test N: Change of temperature
14:2009
IEC 60068-2- Environmental testing - Part 2-30: Tests - Test Db: Damp heat, cyclic (12
30:2005 h + 12 h cycle)

2. System Testing and Commissioning


The BESS shall be commissioned as per commissioning criteria and procedures specified by the CEA.

3. Identification and Traceability


Cells/Racks/Packs Assembly shall meet seismic requirement for the plant location of the BESS.
Labelling of cells/batteries shall include manufacturer’s name, cell type, name-plate rating,
date of manufacture and date of expiry of parts and labour warranty.

4. Other Sub-systems/Components
Other subsystems/components used in the BESS must also conform to the relevant
international/national Standards for Electrical Safety for ensuring Expected Service Life and
Weather Resistance.

5. Fire Protection
The BESSD shall design and install a fire protection system that conforms to national and local
codes. The fire protection system design and associated alarms shall take into account that the
BESS will be unattended at most times. For high energy density technologies, the BESSD shall
also obtain thermal runaway characterization of the battery storage systems.

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6. Authorized Test Centres

Batteries/ Power Conditioning Units deployed in the power plants must have valid test
certificates for their qualification as per above specified IEC/ BIS Standards by one of the
ILAC member signatory accredited laboratories. In case of module types/ BESS/equipment for
which such Test facilities may not exist in India at present, test certificates from reputed ILAC
Member body accredited Labs abroad will be acceptable.

7. Warranty
BESSD shall procure performance guarantees from the OEM to ensure minimum performance
levels for predefined application(s) as per the terms of the RfS. The Warranty shall clearly
indicate life expectancy given discharge profiles provided for the application.
8. Performance Monitoring

As part of the performance monitoring, the following shall be carried out:


a) The BESSD must install necessary equipment to continuously measure BESS operating
parameters (including but not limited to voltage, current, ambient conditions etc.) as well
as energy input into and energy output from the BESS along with Metering arrangement in
accordance with extant regulations. They will be required to submit this data to GUVNL
and SLDC online and/or through a report on regular basis every month for the entire
duration of contract.
b) The BESSD shall provide access to GUVNL/MNRE or their authorized representatives
for installing any additional monitoring equipment to facilitate on-line transfer of data.
c) All data shall be made available as mentioned above for the entire duration of the Contract.
d) The plant SCADA should be OPC version 2.0a (or a later version including OPC UA)
compliant and implement appropriate OPC-DA server as per the specification of OPC
Foundation. All data should be accessible through this OPC server for providing real time
online data (BESS parameters) to GUVNL/ MNRE. This time series data shall be
available from the Project SCADA system to facilitate monitoring and should include
among others as stated before, below parameters to facilitate daily, monthly and annual
Report for performance monitoring.
e) Web-based monitoring should be available, which should not be machine dependent. The
web-based monitoring should provide the same screens as available in the plant. Also, it
should be possible to download reports from a remote web-client in PDF or Excel format.

9. Other necessary criteria


a) BESS shall be capacity of operating in the frequency range of 47.5 Hz to 52 Hz and be
able to deliver rated output in the frequency range of 49.5 Hz to 50.5 Hz.
b) BESS shall be capacity of operating when voltage at the interconnection point on any
or all phases dips/rises to the high or low levels. The levels applicable for wind/solar
inverter-based generation may be referred as available in Central Electricity Authority
(Technical Standards for Connectivity to the Grid) Regulations.
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c) The BESS performs regulations in one or several pre-defined ways (e.g. regulating its
own output power according to the orders given by SCADA system) to achieve an
active power balance between generation and demand to maintain the power system
frequency within a reasonable range.
d) BESS shall operate to maintain voltages as per specified voltage ranges in Grid
standards. BESS shall have feature to detect the voltage of interconnection point, and
regulate voltage independently. The response time of the BESS shall not exceed the
value specified in relevant standards or grid codes.
e) BESS shall operate in a manner to promote the power system reliability and improve
the power quality. When power quality problems, such as voltage dip, flicker,
unsatisfactory power factor, etc., occur in power system, the BESS could eliminate
these problems by flexible active and reactive power output in this function.
f) The BESS shall provide reliable protection and not be limited to as an
overvoltage/under-voltage protection, overcurrent protection, low-temperature/over-
temperature protection of battery, DC insulation monitoring, etc.
g) BESS is required to have the following basic functions:
i) Monitoring: Monitor operational parameters, equipment status and
communication status, alarm and faults of main equipment and BESS system,
etc.
ii) Information exchange: Receive and process information with SLDC
/RLDC/NLDC including operation parameters, switching information, various
alarms and alerts, protective action signals, control information, etc.
iii) Control: Including control mode and parameter setting with SLDC/RLDC/NLDC.
h) The static information like detailed write-up on present operation methodology of
BESS, forbidden zones, number of cycle limits, Auxiliary consumption details,
capability curve, simulation models (RMS/PSCAD) alongwith description or any
specific information about BESS shall also be furnished as and when required by
SLDC/RLDC/NLDC.

10. Safe Disposal of unit Batteries from the BESS


The Developer will comply with the requirements under Hazardous & other Waste
(Management and Transboundary Movement) Rules, 2016, as amended from time to time, as
applicable. The BESSD shall ensure that all Unit Battery modules from the plant after their
‘end of life’ (when they become defective/ non-operational/ non-repairable) are disposed in
accordance with the “e-waste (Management and Handling) Rules, 2016” notified by the
Government and as revised and amended from time to time and Battery Waste Management
Rules, as and when notified by the Government of India.

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Annexure-B
CHECK LIST FOR FINANCIAL CLOSURE
(To be signed by the Authorized signatory of the BESSD)
(RfS No. dated )
Last Date for submission of documents related to Financial Closure – _
(9 months from Effective Date of BESPA)

Project Company Name


Project ID:-
LOA No. - . Dtd. -
Effective Date of BESPA -
Scheduled Commissioning Date: -
1.0 Financial Closure - (Clause 23 of the RfS, including subsequent amendments &
clarifications)
Details Presently given in BESPA

Location

Technology
Certificate from all In case of tie up through Bank / Financial Institutions: -
financial institutions
Document from Bank / Financial Institutions certifying
arrangement of necessary funds by way of sanction of Loan (to be
enclosed as Annexure-I).

In case of Internal Resources: -


Copy of Board Resolution, Audited/Certified Balance sheet, Profit
& Loss Account Statement, Bank Statement and Cash Flow
Statement in support of availability of Internal resources of the
Project Company and of the Company other than Project Company
(in case the required funding will be raised from Company other
than Project Company) (to be enclosed as Annexure-I).
Performa for the cases where funding will be from Company other
than Project Company is at ‘A-1’.
Note:-
(i) Copy of Final Detailed Project Report (DPR) is to be enclosed as Annexure – II A.

(ii) Undertaking by the Project Company that all Consents, clearances and permits required for
supply of Power to GUVNL as per the terms of BESPA have been obtained is to be enclosed
as Annexure – II B
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2.0 Copy of Agreement/ MOU entered into / Purchase Order with acceptance, for the supply
of Plants and Equipment (to be enclosed as Annexure-III)

3.0 Technical Parameters of the Project (Clause 38 of the RfS)


3.0.1 Certificate from Project Company that Technical specifications and directives given in
Annexure-A of the RfS will be adhered to (to be enclosed as Annexure-IV A)
3.0.2 Proposed Project configuration as part of DPR of the Project (to be enclosed as Annexure-
IV B)

4.0 Ownership of the BESSD: Latest Shareholding Pattern of the Project Company (including
Compulsorily Convertible Debentures (CCDs), Compulsorily Convertible Preferential
Shares (CCPS) of the Project Company certified by Chartered Accountant (to be enclosed
as Annexure V A)

Shareholding pattern is not required to be submitted by a Listed Company.

Note: Declaration of Shareholding Pattern of the Project Company is to be submitted to


GUVNL on monthly basis, i.e., by the 10th day of every month for shareholding status of
the Company upto the end of the previous month, till 3 years from the date of
commissioningof the project.

5.0 The above checklist is to facilitate financial closure of projects. For any interpretation the
respective provision of RfS / BESPA shall prevail.

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SPECIAL INSTRUCTIONS TO BIDDERS FORe- Annexure - C
TENDERING AND REVERSE AUCTION
GENERAL

The Special Instructions (for e-Tendering) supplement ‘Instructions to Bidders’, as given in


these RfS Documents. Submission of Online Bids is mandatory for this RfS.

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, Gujarat Urja Vikas Nigam Limited (GUVNL) has adopted a secured and
user friendly e-tender system enabling bidders to Search, View, Download tender
document(s) directly from the e-tendering portal of M/s Electronic Tender.com (India) Pvt.
Limited https://www.bharat-electronictender.com through ISN-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
Auction
The sealed bid system would be followed by an ‘e-Reverse Auction’

Broad Outline of Activities from Bidder’s Perspective:


1. Procure a Class III Digital Signing Certificate (DSC).
2. Register on ElectronicTender System® (ETS)
3. Create Marketing Authorities (MAs), Users and assign roles on ETS. It is mandatory to
create at least one MA
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. Note: Official copy of Tender
Documents is distinct from downloading ‘Free Copy of Tender Documents’. To
participate in a tender, it is mandatory to procure official copy of Tender Documents for
that tender.
7. Clarification to Tender Documents on ETS
 Query to GUVNL (Optional)
 View response to queries posted by GUVNL
8. Bid-Submission on ETS
9. Attend Public Online Tender Opening Event (TOE) on ETS
 Opening of relevant Bid-Part
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10. Post-TOE Clarification on ETS (Optional)
 Respond to GUVNL Post-TOE queries
11. Participate in e-Reverse Auction if invited
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, 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 payment of Annual Registration Fee,
please contact ISN-ETS Helpdesk (as given below), to get your registration accepted/ activated.
Important Note:
1. Interested bidders have to download official copy of the RfS & other documents after login
into the e-tendering Portal of ISN-ETS https://www.bharat-electronictender.com. If the
official copy of the documents is not downloaded from e-tendering Portal of ISN-ETS within
the specified period of downloading of RfS and other documents, bidder will not be able to
participate in the tender.
2. 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 Centre’ 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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ISN-ETS/ Helpdesk

Customer Support: +91-124-4229071, 4229072


Telephone/ Mobile

( From 1000 HRS to 1800 HRS on all Working Days i.e. Monday to
Friday except Government Holidays)
Email-ID [email protected] [Please mark CC: [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 (Techno-commercial-Bid)
 Envelope II (Financial-Bid)
 Submission of digitally signed copy of Tender Documents/ Addendum
In addition to the above, the bidders are required to submit certain documents physically offline
also as per Claue 30 of the RfS, failing which the technical bids will not be opened.
Note: The Bidder should also upload the scanned copies of all the above mentioned original
documents as Bid-Annexures during Online Bid-Submission.

Internet Connectivity
If bidders are unable to access ISN-ETS’s e-tender portal or Bid Documents, the bidders may
please check whether they are using proxy to connect to internet or their PC is behind any
firewall and may contact their system administrator to enable connectivity. Please note that
Port SSL/ 443 should be enabled on proxy/firewall for HTTPS connectivity. Dial-up/ Broad
and internet connectivity without Proxy settings is another option

SPECIAL NOTE ON SECURITY AND TRANSPARENCY OF BIDS


Security related functionality has been rigorously implemented in ETS in a multidimensional
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 Electronic Encrypted® 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
(e.g. I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is
mandatory 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

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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. For transparency, the information submitted by a bidder in the
ElectronicForms® is made available to other bidders during the Online Public TOE. If it is
found during the Online Public 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 is noted between the
information contained in the ElectronicForms® and the ‘Main-Bid’, the contents of the
ElectronicForms® shall prevail.

In case of any discrepancy between the values mentioned in figures and in words, the value
mentioned in words will prevail.

Additionally, the bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-Part
is submitted to GUVNL in a sealed envelope before the start date and time of the Tender
OpeningEvent (TOE).
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.

PUBLIC ONLINE TENDER OPENING EVENT (TOE)


ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening
Officers, as well as, authorized representatives of bidders can simultaneously attend the Public
Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, one/ two
duly authorized representative(s) of bidders (i.e. Supplier organization) are requested to carry
a Laptop with Wireless Internet Connectivity, if they wish to come to GUVNL’s office for
the Public Online TOE, if applicable for the RfS.
Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event
(TOE)’, including digital counter-signing of each opened bid by the authorized TOE-officer(s)
in the simultaneous online presence of the participating bidders’ representatives, has been
implemented on ETS.
As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted by the bidder
himself during the TOE itself, or as per alternative methods prescribed in the Tender
Documents, salient points of the Bids (as identified by the Buyer organization) are
simultaneously made available for downloading by all participating bidders. The tedium of
taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior
and convenient form of ‘Public Online Tender Opening Event (TOE)’.

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ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each
online bid is opened. The format of the chart is based on inputs provided by the Buyer for each
Bid-Part of a tender. The information in the Comparison Chart is based on the data submitted
by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhances
Transparency. Detailed instructions are given on relevant screens.
ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event
(TOE)’ covering all important activities of the ‘Online Tender Opening Event (TOE)’. This is
available to all participating bidders for ‘Viewing/ Downloading’, as per the NIT configured
by the bidding agency.
There are many more facilities and features on ETS. For a particular tender, the screens viewed
by a Supplier will depend upon the options selected by the concerned Buyer.

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 awarding 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.
Important Note: It is strongly recommended that all authorized users of Supplier organizations
should thoroughly peruse the information provided under the relevant links, and take
appropriate action. This will prevent hiccups, and minimize teething problems during the use
of ETS.

SEVEN CRITICAL DOs AND DON’Ts FOR BIDDERS


Specifically, for Supplier organizations, the following 'SEVEN KEY INSTRUCTIONS for
BIDDERS' must be assiduously adhered to:
1. Obtain individual Digital Signing Certificate (DSC or DC) of Class III well in advance of
your tender submission deadline on ETS.
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 -- Marketing
Authority (MA) [ie a department within the Supplier/ Bidder Organization responsible for
responding to tenders], users for one or more such MAs, assigning roles to them, etc. It is
mandatory to create at least one MA. This unique feature of creating an MA enhances
security and accountability within the Supplier/ Bidder Organization
3. Get your organization's concerned executives trained on ETS well in advance of your first

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tender submission deadline on ETS.
4. For responding to any particular tender, the tender (ie its Tender Search Code or TSC) has
to be assigned to an MA. Further, an ‘Official Copy of Tender Documents’ should be
procured/ downloaded before the expiry of Date and Time of Closure of Procurement of
Tender Documents. Note: Official copy of Tender Documents is distinct from
downloading ‘Free Copy of Tender Documents’. Official copy of Tender Documents is
the equivalent of procuring physical copy of Tender Documents with official receipt in the
paper-based manual tendering system.
5. Submit your bids well in advance of tender submission deadline on ETS (There could be
last minute problems due to internet timeout, breakdown, etc.)
Note: Bid-submission in ETS can consist of submission of multiple bid-components,
which vary depending upon the situation and requirements of the Buyer. Successful receipt
of a bid in an e-tendering scenario takes place if all the required bid-components are
successfully ‘received and validated’ in the system (ETS) within the scheduled date and
time of closure of bidding. ETS/ Service Provider is not responsible for what happens at
an end-user’s end, or while a submission made by an end-user is in transit, until the
submission is successfully ‘received and validated’ in ETS.
6. 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, the bids are not opened with the pass-
phrase submitted by bidder, GUVNL may ask for re-submission/ clarification for correct
pass- phrase. 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). If bidder fails to submit correct pass-phrase immediately as requested by
GUVNL, the Tender Processing Fee and Tender Document Fee, if applicable, shall be
forfeited and bid shall not be opened, and EMD shall be refunded. No request on this
account shall be entertainedby GUVNL.
7. ETS will make your bid available for opening during the Online Public Tender Opening
Event (TOE) ‘ONLY IF’ the status pertaining Overall Bid-Submission is ‘COMPLETE’.
For the purpose of record, the bidder 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, sixth and seventh instructions are relevant at all times.

ADDITIONAL DOs AND DON’Ts FOR BIDDERS PARTICIPATING IN e-REVERSE


AUCTION

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1. Get your organization's concerned executives trained for e-Reverse Auction related
processes on ETS well in advance of the start of e-Reverse Auction.
2. For responding to any particular e-Reverse Auction, the e-Reverse Auction (i.e. its
Reverse Auction Search Code or RASC) has to be assigned to an MA.
3. It is important for each bidder to thoroughly read the ‘rules and related criterion’ for the
e-Reverse Auction as defined by the Buyer organization.
4. It is important to digitally-sign your ‘Final bid’ after the end of e-Reverse Auction bidding
event.
5. During an e-auction, it is recommended that a bidder submits a bid well before the
scheduled time of ‘Date and Time of Closure of Reverse-Auction’. Submission of a bid
near the closing time of an auction may result in failure due to any of the various factors at
that instant, such as – slow internet speed at the bidder’s end, slow running of computer at
bidder’s end, nervousness of the bidder in the last few seconds, etc. This could lead to delay
in submission of data from the bidder’s computer to the server. Even if the delay is of a
fraction of second after the scheduled closing time, it will result in failure of bid submission.
Further, please note that a bid can be submitted even if the bidding-page has not been
refreshed manually, or otherwise depending on the conditions of the e-auction.
Note: Successful receipt of Bid in an e-auction scenario takes place if the bid is successfully
‘received and validated’ in the system (ETS) within the scheduled date and time of closure
of bidding. ETS/ Service Provider is not responsible for what happens at an end-user’s end,
or while a submission made by an end-user is in transit, until the submission is successfully
‘received and validated’ in ETS.
6. Pre-requisite for participation in bidding process
 Bidder must possess a PC/ Laptop with Windows 7 professional operating system and
Internet Explorer 8 or 9 for hassle free bidding. Bidder is essentially required to effect
the security settings as defined in the portal.

 The Bidder must have a high-speed internet connectivity (preferably Broadband) with
internet explorer to access ISN-ETS’s e-Tender Portal for downloading the Tender
document and uploading/ submitting the Bids.
 A valid e-mail ID of the Organization/ Firm
Vendors Training Program
One day online training (10:00 to 17:00) is provided by ISN-ETS. Training is optional. In
case, any bidder is interested, he may send a request to [email protected]. Vendors are
requested to arrange their own Laptop, Digital Certificate and Wireless Connectivity to the
Internet.

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TERMS & CONDITIONS OF REVERSE AUCTION
After opening of Financial bids and short-listing of bidders based on the tariff and total capacity
of project of qualified Project(s), GUVNL shall resort to “REVERSE AUCTION
PROCEDURE”.Reverse Auction shall be conducted as per methodology specified in Section-
V and other provisions of Reverse Auction in RfS Documents and their subsequent Addenda/
Amendments/ Clarifications. 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 completer explanations. Further these are supplementary in nature.
1. Bidders shall ensure online submission of their ‘Bid Price’ within the auction period.
2. Bidders shall ensure to take all necessary training and assistance before commencement of
reverse auction to the interested bidders on chargeable basis to be paid directly to ISN-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 mentioned in the RfS
document.
5. Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’, which is
enclosed separately 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 GUVNL guidelines, shall be initiated by GUVNL.
7. The Bidder shall not divulge either his Bids or any other exclusive details of GUVNL 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) 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 during reverse auction.
b) Participating bidder will agree to non-disclosure of trade information regarding the
purchase, identity of GUVNL, 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 GUVNL contact personnel indicated in the RfS document.
e) Order finalization and post order activities such issue of LOA, signing of BESPA etc.
would be transacted directly between successful bidder(s) and GUVNL.
f) LOA shall be placed outside the ETS e-portal & further processing of the LOA shall
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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 - C of the RfS document.
h) Bidders are advised to visit the auction page and login into the system well in advance
to identify/ rectify the problems to avoid last minute hitches.
i) GUVNL will not be responsible for any PC configuration/ Java related issues,
software/ hardware related issues, telephone line glitches and breakdown/ slow speed
in internetconnection 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 - V and other
provisions of Reverse Auction in RfS documents and their subsequent Amendments/
Clarifications/ Addenda. Bidders, in their own interest, are advised to go through the documents
in entirety.
The following would be parameters for e-Reverse Auction:

Sl. No. Parameter Value

Date and Time of Reverse-Auction Bidding To be intimated Later to Eligible


1.
Event Bidders

2. Duration of Reverse-Auction Bidding Event 30 minutes

Automatic extension of the ‘Reverse-Auction


closing Time’, if last bid received is within a
3. Yes
‘Predefined Time-Duration’ before the
‘Reverse-Auction Closing Time’

3.1 Pre-defined Time-Duration 05 Minutes

3.2 Automatic extension Time-Duration 05 Minutes

3.3 Maximum number of Auto-Extension Unlimited Extension

Tariff quoted by the bidders in


4. Entity-Start-Price
Financial Bid (Second Envelope)

Online Reverse Auction shall be conducted by GUVNL on pre-specified date and time, while
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thebidders shall be quoting from their own offices/ place of their choice. Internet connectivity
shall have to be ensured by bidders themselves.
During the Reverse Auction, any requests for extension of time will not be considered by
GUVNL. 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. GUVNL 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/ no. of projects being auctioned, auction rules etc.
GUVNL reserves the right to cancel/ reschedule/ extend the Reverse Auction process/ tender
at any time, before ordering, without assigning any reason.
GUVNL 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 GUVNL shall be
binding on the bidders.

Other terms and conditions shall be as per bidder’s techno-commercial offers and as per the
RfS document and other correspondences, if any, till date.

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Annexure - D
ILLUSTRATIONS
(Please refer Clause 9 of the RfS)
Illustration
a. System Availability

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Under a BESPA between an off-taker ‘X’ and BESSD ‘Y’ for a capacity ‘C’, the Schedule
and Actual Injection into/Drawl from the Grid from the Project, as per the DSM/ UI
Reports published by the SLDC for a Sample day is shown below:
Time-block
Drawl (from Injection (into Availability,
Grid) MW Grid) MW Scheduled (TA)
(Charging) (Discharging) Mus = (Xi/Zi) +
date block (X) (Y) (Z) (Yi/Zi)
01-May-22 1 250 0 250 1
01-May-22 2 250 0 250 1
01-May-22 3 240 0 250 0.96
01-May-22 4 240 0 250 0.96
01-May-22 5 235 0 250 0.94
01-May-22 6 235 0 250 0.94
01-May-22 7 240 0 250 0.96
01-May-22 8 240 0 250 0.96
01-May-22 9 0 0 12.5 0
01-May-22 10 12.5 0 0 NA
01-May-22 11 0 0 0 NA
01-May-22 12 0 0 0 NA
01-May-22 13 0 0 0 NA
01-May-22 14 0 0 0 NA
01-May-22 15 0 0 0 NA
01-May-22 16 0 0 0 NA
01-May-22 17 0 0 0 NA
01-May-22 18 0 0 0 NA
01-May-22 19 0 0 0 NA
01-May-22 20 0 0 0 NA
01-May-22 21 0 0 0 NA
01-May-22 22 0 0 0 NA
01-May-22 23 0 0 0 NA
01-May-22 24 0 190 250 0.76
01-May-22 25 0 190 250 0.76
01-May-22 26 0 200 250 0.8
01-May-22 27 0 200 250 0.8
01-May-22 28 0 200 250 0.8
01-May-22 29 0 200 250 0.8
01-May-22 30 0 200 250 0.8
01-May-22 31 0 200 250 0.8
01-May-22 32 0 0 0 NA
01-May-22 33 0 0 0 NA
01-May-22 34 0 0 0 NA
01-May-22 35 0 0 0 NA
01-May-22 36 0 0 0 NA
01-May-22 37 0 0 0 NA
01-May-22 38 0 0 0 NA
01-May-22 39 0 0 0 NA

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01-May-22 40 0 0 0 NA
01-May-22 41 0 0 0 NA
01-May-22 42 0 0 0 NA
01-May-22 43 12.5 0 12.5 1
01-May-22 44 245 0 250 0.98
01-May-22 45 240 0 250 0.96
01-May-22 46 240 0 250 0.96
01-May-22 47 235 0 250 0.94
01-May-22 48 240 0 250 0.96
01-May-22 49 250 0 250 1
01-May-22 50 250 0 250 1
01-May-22 51 250 0 250 1
01-May-22 52 0 0 0 NA
01-May-22 53 0 0 0 NA
01-May-22 54 0 0 0 NA
01-May-22 55 0 0 0 NA
01-May-22 56 0 0 0 NA
01-May-22 57 0 0 0 NA
01-May-22 58 0 0 0 NA
01-May-22 59 0 0 0 NA
01-May-22 60 0 0 0 NA
01-May-22 61 0 0 0 NA
01-May-22 62 0 0 0 NA
01-May-22 63 0 0 0 NA
01-May-22 64 0 0 0 NA
01-May-22 65 0 0 0 NA
01-May-22 66 0 0 0 NA
01-May-22 67 0 0 0 NA
01-May-22 68 0 0 0 NA
01-May-22 69 0 0 0 NA
01-May-22 70 0 0 0 NA
01-May-22 71 0 0 0 NA
01-May-22 72 0 0 0 NA
01-May-22 73 0 0 0 NA
01-May-22 74 0 0 0 NA
01-May-22 75 0 0 0 NA
01-May-22 76 0 0 0 NA
01-May-22 77 250 0 250 1
01-May-22 78 0 0 0 NA
01-May-22 79 0 0 0 NA
01-May-22 80 0 0 0 NA
01-May-22 81 0 230 250 0.92
01-May-22 82 0 235 250 0.94
01-May-22 83 0 235 250 0.94
01-May-22 84 0 230 250 0.92

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Page 115 of 121
Gujarat under Tariff-based Global Competitive
Bidding (Phase-II)
01-May-22 85 0 200 250 0.8
01-May-22 86 0 190 250 0.76
01-May-22 87 0 185 250 0.74
01-May-22 88 0 0 0 NA
01-May-22 89 0 0 0 NA
01-May-22 90 0 0 0 NA
01-May-22 91 0 0 0 NA
01-May-22 92 0 0 0 NA
01-May-22 93 0 0 0 NA
01-May-22 94 0 0 0 NA
01-May-22 95 0 0 0 NA
01-May-22 96 0 0 0 NA
Total 3905 3295 8025 29.7
NO OF BLOCK IN COLUMN Z IS NOT 34
ZERO
SYSTEM AVAILABILITY 0.87
Note: For calculating the System Availability for day/month, schedule provided by
Procure/SLDC to be considered. Shortfall in System Availability will be calculated as per
below methodology. DSM / UI charges shall be treated separately as per applicable
regulations and paid by BESSD.
If GUVNL has scheduled for charging of BESS & discharge of BESS and BESSD has
not charge & discharge the BESS according to schedule then TA will be calculated as
TA= (X/Z)+(Y/Z) for that time block.
If GUVNL has not scheduled for charging of BESS & discharge of BESS then TA will
be NA for that time block.
If GUVNL has not scheduled for charging of BESS and BESSD has taken charging
power from grid then TA will be NA for that time block.
If GUVNL has not scheduled for discharge of BESS and BESSD has discharge power to
the grid then TA will be NA for that time block.
If GUVNL has scheduled for charging of BESS & discharge of BESS and BESSD has
charge & discharge the BESS near to zero or zero then TA will be treated as Zero for
that time block.

i is the ith Timeblock in the day.


The System Availability for the day is calculated as the mean of Column TA, for all time-
blocks where Column Z is not zero.
From the above table, Day’s System Availability = 0.87
Similarly, the System availability shall be calculated for for Monthly, 2880 time-blocks
(96*30) in a Month (30 Days in a month considered in above), excluding time-blocks
where Grid is unavailable or in case of Force Majeure.
Assuming the following parameters:
a. Total Contract Capacity = 250 MW, C
b. Quoted monthly Capacity charges = 5 lakhs/MW/month, D
c. Annual system availability (as per procedure above) is calculated to be 0.87, B
d. n = 12

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Gujarat under Tariff-based Global Competitive
Bidding (Phase-II)
Liquidated Damages on account of shortage in annual system Availability, as calculated
from formula provided in Clause 9.2:
Liquidated damages = (A – B) x C x D x n x 2

= (0.95-0.87) x 250 x 5 x 12 x 2
= 2400 lakhs
b. System Efficiency

The present illustration is for calculating the Daily System Efficiency as demonstration
only. The same methodology shall be used for calculation of monthly system efficiency as
per Clause 9.1.d.3.
Total of Column (Y) 3295
System Efficiency = = = 0.8437 ~ 0.84 (rounded off to 2 decimal
Total of Column (X) 3905
places).
Assuming:

a. monthly System Efficiency = 0.84,


b. Total Monthly Drawl form Grid (Charging Power) = 41.1 MUs

Liquidated Damages is calculated @ APPC tariff for excess loss of energy considering expected
System Efficiency to be 85%
Excess conversion losses = (0.85-0.84)* Total Drawl from the grid in the month (i.e. Charging
Energy)
Liquidated Damages for the month= Rs. 0.01x 41.1 x APPC tariff for e.g. Rs. 2)
= Rs. 0.822 Millions
= Rs. 8.22 lakhs

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Annexure - E
PROJECT LOCATION DETAILS
(Bidders are requested to contact the Transmission licensee for further details, if required)

EHV SUBSTATION IDENTIFIED FOR BESS PROJECT


SR NAME OF EVACUATI Nos. of SPARE AREA ENGINEERING
GPS Contact
N SUB- ON Bays LAND SQ. DEPARTMENT
LOCATION No./Email
O STATION CAPACITY Available MTR MTR REMARKS
Shri D M Dangi
66 KV -1 New GIS modules
(S.E)-Mobile
Nos. of will be required for
220 KV Up to 130 no:-99252
Bay, evacuation. 23.228648 N,
1 BHACHUND MW -- -- 09528
220 KV- 1 Available land may 68.984897 E
A GIS Bhachutrcr220
Nos. of require area grading
ss.getco@geb
Bay for leveling of land.
mail.com
Up to 500
New GIS modules
MW
220 KV -1 will be required for Shri V K Patel
400KV (2nd
Nos. of evacuation. 22.399094 N, (S.E)- Mobile
2 PACHCHHA transforme 400 X 200 80000
bay Available land may 72.200964 E no:-
M GIS r to be
require area grading 9925212375
commissio
for leveling of land.
ned)
New GIS modules
Shri H P
400KV 220 KV -1 will be required for
22.960269 N, Chaudhary
CHARAL Up to 250 Nos. of evacuation.
3 -- -- 72.250198 E (S.E) –
(SANAND) MW bay Available land may
Mobile no:-
GIS require area grading
9925210210
for leveling of land.
NOTES:
1. For 66 KV bay maximum capacity can be integrated up to 70 MW & for 220 KV bay bay maximum
capacity can be integrated up to 300 MW.
2. Prospective Bidders can contact and visit site during 10 AM to 7 PM on or before Pre-bid on their own.
3. The purpose of site visit is only for assessment of physical site conditions by the prospective Bidders.
Prospective Bidders shall rely only on written clarifications/information/data issued by GUVNL/GETCO
corporate office. GUVNL/GETCO will not be bound to any clarifications/information/data considered by
prospective Bidders for tendering purpose which are not issued by GUVNL/GETCO corporate office.
4. Representatives of prospective Bidders shall obey the safety guidelines during the site visit. For not
obeying safety guidelines, it is the sole responsibility of the visitor for any consequences/eventuality
happened at site.
5. ‘Soil Investigation Reports’ prepared by GETCO of all locations can be downloaded from below mentioned
link.
https://drive.google.com/drive/folders/1fWQ52mup3Cu1cGZ5AkmaPC6pCJiSO0Ok

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6. ‘GA drawings’ prepared by GETCO of all locations can be downloaded from below mentioned
link.
https://drive.google.com/drive/folders/1I3xf6h4c-Uk-xjrDApBP4Gi-E_gfe09e
7. ‘SLDs for all locations’ prepared by GETCO of all locations can be downloaded from below
mentioned link.
https://drive.google.com/drive/folders/1uEw_TFMTDJiPd8ud9kRFWMxyY-3e1S71

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Annexure - F
FORMAT FOR COMMISSIONING OF BESS & OTHER DETAILS

1. Commissioning procedure of BESS to be followed by BESSD,


2. Commissioning checklist ,
3. Synchronization declaration to be submitted by BESSD,
4. Declaration of System Particulars by BESSD,
5. Sample for part/full commissioning certification.
6. Communication parameters required by SLDC,
7. Fire safety wall for protection (As requested by BESSD-for reference),
8. GETCO substation LAYOUT
(220 KV BHACHUNDA GIS, 400KV PACHCHHA M GIS, 400KV CHARAL (SANAND) GIS.)

Above formats can be downloaded from given link.


https://drive.google.com/drive/u/0/folders/1KghmM_lNEPtasTkwIgutQuP82X41nBoP

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