REQUEST FOR SELECTION DOCUMENT

FOR

SELECTION OF DEVELOPERS FOR ISTS CONNECTED

ENERGY STORAGE SOLUTIONS OF 9000MWH WITH
1500MW (min) CAPACITY (Anywhere in India)

(RfS No.: NRE-CS-0000-BOO-2)

Tender Search Code (TSC):- NTPCREL-2023-TN000010

ISSUED BY:
NTPC Renewable Energy Limited
Contract Services, 4th Floor, NETRA Building, E-3 Ecotech-II, Udyog Vihar Greater Noida,
Gautambudhnagar, Uttar Pradesh, Greater Noida, UP 201306
Tel No.: +91-120-2356640/2356685
Email– [email protected]/[email protected]
NOTES:

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

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

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

Authorised Person

Name: Mr. Abhishek Bhattacharjee/Mr. Vinay Gurudev

Designation: Dy. General Manager/Addl. General Manager
Address: Strategic Procurements,
4th Floor, NETRA, NTPC Ltd.,
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar, Uttar Pradesh, India, Pin – 201306
Tel No. +91-120-2356640, +91-120-2356685, +91-9650995417
Email: [email protected] / [email protected]
Place: GREATER NOIDA

RfS No NRE-CS-0000-BOO-2 Page 2

 CONTENTS
Section 1 ........................................................................................................................................................ 5
Introduction .................................................................................................................................................... 5
Section 2 ........................................................................................................................................................ 8
Definitions ...................................................................................................................................................... 8
Section 3 ...................................................................................................................................................... 13
1.0 Background And Introduction.......................................................................................................... 14
2.0 Information And Instructions To Bidders………………….……………………………………………..14
3.0 Scope Of Work……………………………………………………………………………………………..15
3.1 Total Capacity Offered .................................................................................................................... 15
3.2 Capacity Of Project ......................................................................................................................... 15
3.3 Processing Fees ............................................................................................................................. 15
3.4 Critical Date Sheet For Activities Involved In The RfS (Through E-Bidding Process):……………..17
3.5 Bidding For Energy Storage Projects............................................................................................. 18
3.6 ESS Developer and Location Of ESS Project................................................................................. 18
3.6.3 Location Of ESS Developer ............................................................................................................ 18
3.7 Number Of Response To RfS By A Company ................................................................................ 18
3.8 Qualification Requirements ............................................................................................................. 18
3.9 Connectivity With The Grid ............................................................................................................. 24
3.10 Round Trip Loss/Conversion Loss (Cl) & Availability ..................................................................... 25
3.11 Short-Listing Of Bidders For Opening Of Financial Bids................................................................. 25
3.12 Selection Of Energy Storage Developers ..................................................................................... 25
3.12.4.2 Reverse Auction…………………………………………………………..……………………………… 27
3.13 Allotment Of Project ........................................................................................................................ 30
3.14 Energy Storage Service Agreement (SSA) ..................................................................................... 30
3.15 Performance Criteria And Applicable LD ....................................................................................... 31
3.16 MW and MWh Capacity of ESS Service Demonstration ................................................................ 31
3.17 ESS Annual Availability .................................................................................................................. 32
3.18 Liquidated Damages ....................................................................................................................... 32
3.19 Submission Of Response .............................................................................................................. 33
3.20 Modification Of Bid .......................................................................................................................... 36
3.21 Note................................................................................................................................................. 36
3.22 Due Date ......................................................................................................................................... 37
3.23 Method ff Submission .................................................................................................................... 36
3.24 Validity of The Response To RfS .................................................................................................... 38
3.25 Preparation Cost ............................................................................................................................. 38
3.26 Enquires/Clarifications ................................................................................................................... 38
3.27 Right of NTPC To Reject a Bid ....................................................................................................... 39
3.28 Performance Bank Guarantee (PBG) ............................................................................................. 39
3.29 Bank Guarantee Against Earnest Money Deposit (Emd)……………………..……………………….41
3.30 Minimum Paid Up Share Capital To Be Held By The Promoter........................................................ 44
3.31 Financial Closure ............................................................................................................................ 44
3.32 Commissioning................................................................................................................................ 45
3.33 Commercial Operation Date (Cod) ................................................................................................. 47
3.34 ………………………………………………………………………………………………………………...
3.35 Corrupt Or Fraudulent Practice..............................................................................................................47
3.36 Fraud Prevention Policy........................................................................................................................48
3.37 Contracting Ntpc Rel ....................................................................................................................... 48
3.38 Integrity Pact..........................................................................................................................................48
3.39 Transfer of Documents………………………………………………………………………………………….49
3.40 Ineligibility for Participation in RE Tenders…………………………………………………………………….50
3.41 Energy Storage Life Cycle Performance Bank Guarantee…………………………………………………..51
3.42 Provisions for Taxes and Duties ……………………………………………………………………………….52
3.43 Dispatching and Scheduling…………………………………………………………………………………….53
3.44 Non Disclosure Agreement……………………………………………………………………………………...54

RfS No NRE-CS-0000-BOO-2 Page 3

 Section 4 ...................................................................................................................................................... 55
4.1 Evaluation Criteria ...........................................................................................................................
4.2 Step I - Responsiveness Check ......................................................................................................
4.3 Step Ii - Bid Evaluation ....................................................................................................................
4.4 Step Iii – Reverse Auction ...............................................................................................................

Section 5 ...................................................................................................................................................... 59

5.0 Other Provisions ..............................................................................................................................

5.1 Role Of State Nodal Agencies ........................................................................................................
5.2 Role Of State/Centre Transmission Utility ......................................................................................
5.3 Role Of Energy Storage Park Developer (Sppd) ...........................................................................

SECTION 6 ..................................................................................................................................................
6.0 LIST OF FORMATS, APPENDICES AND ANNEXURES ...............................................................
FORMAT 6.1 – FORMAT OF COVERING LETTER ....................................................................................
FORMAT 6.2 – FORMAT FOR POWER OF ATTORNEY ……………………………………………………...
FORMAT 6.3 A FORMAT FOR DECLARATION OF BID SECURITY .........................................................
FORMAT 6.3 B – FORMAT FOR PERFORMANCE BANK GUARANTEE ..................................................
FORMAT - 6.3 C- Not Applicable .................................................................................................................
FORMAT 6.4 –FORMAT FOR BOARD RESOLUTIONS ............................................................................
FORMAT 6.5 – FORMAT FOR CONSORTIUM AGREEMENT ...................................................................
FORMAT 6.6 – FORMAT FOR FINANCIAL REQUIREMENT – NET WORTH...............................................
FORMAT 6.7 – FORMAT FOR TECHNICAL CRITERIA ..............................................................................
FORMAT 6.8 –FORMAT FOR DISCLOSURE ............................................................................................
FORMAT - 6.9 ..............................................................................................................................................
FORMAT 6.10 – NOT APPLICABLE ..........................................................................................................
FORMAT 6.11 – NOT APPLICABLE ..........................................................................................................
FORMAT 6.12 A– INTEGRITY PACT ..........................................................................................................
FORMAT 6.12 B– DRAFT FOR INTEGRITY PACT ....................................................................................
FORMAT 6.13 A – CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS OF RFS DOCUMENT ...
FORMAT 6.13 B– DRAFT FOR CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS OF RFS
DOCUMENT……………………………………………………………………………………………………….
FORMAT 6.14 - DECLARATION ON FRAUD PREVENTION POLICY .....................................................
FORMAT 6.15 NON DISCLOSURE AGREEMENT
APPENDIX – A CHECK LIST FOR BANK GUARANTEES .......................................................................
ANNEXURE 1 TECHNICAL REQUIREMENTS FOR GRID CONNECTED SOLAR PV PROJECTS ......
ANNEXURE – 2 LIST OF BANKS ...........................................................................................................
ANNEXURE – 3 COPY OF SSA .....................................................................................................................
ANNEXURE – 4 SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING ...................................
ANNEXURE – 5 TERMS & CONDITIONS OF REVERSE AUCTION .......................................................
BUSINESS RULES OF REVERSE AUCTION ...........................................................................................
ANNEXURE – 6 CHECKLIST FOR FINANCIAL CLOSURE………………………………………………….

RfS No NRE-CS-0000-BOO-2 Page 4

 Section 1 Introduction

RfS No NRE-CS-0000-BOO-2 Page 5

 INTRODUCTION

1.0 NTPC Renewable Energy Limited (hereinafter called NTPC REL) intends to avail Energy
Storage facility to meet its RE RTC (Round the Clock) complementing with Wind/solar generation
profile under Service Model from ISTS connected energy storage solutions with capacity of
9000 MWh with 1500 MW(min) capacity at any location in India, through Global
Competitive Bidding Process (conducted online followed by reverse auction). After
conclusion of bidding process NTPC REL shall enter into energy storage service
agreement on annual fixed charge basis with the selected Bidders for a period of 25 years
based on the terms, conditions and provisions of the RfS.

1.1 The project shall be set up by the developer on Build Own Operate (BOO) basis.

1.2 The power generated by any of the RE projects of NTPC REL shall be used for the
charging of the ESS project and the Employer shall utilize above energy storage
facility, on a “On-Demand” basis, suited to its requirements during the peak and off-peak
hours to meets its RE-RTC power requirement.

1.3 The details of RE projects for charging shall be intimated by NTPC REL during the
performance of the contract for information. NTPC REL shall at its discretion, be
entitled to substitute any entities/states for selling the energy from the Energy Storage
facility set up by the selected Bidder as per the service agreement and provision of the
RfS.

1.4 The project size will be of minimum 600 MWhr with 100 MW (min) capacity. Bidders can
quote capacities in the following manner:

1) 600 MWh with 100 MW (min) capacity.

2) 1200 MWh with 200 MW (min) capacity.
3) 1800 MWh with 300 MW (min) capacity.
4) 2400 MWh with 400 MW (min) capacity.
5) 3000 MWh with 500 MW (min) capacity.
6) 3600 MWh with 600 MW (min) capacity.
7) 4200 MWh with 700 MW (min) capacity.
8) 4800 MWh with 800 MW (min) capacity.
9) 5400 MWh with 900 MW (min) capacity.
10) 6000 MWh with 1000 MW (min) capacity.
11) 6600 MWh with 1100 MW (min) capacity.
12) 7200 MWh with 1200 MW (min) capacity.
13) 7800 MWh with 1300 MW (min) capacity.
14) 8400 MWh with 1400 MW (min) capacity.
15) 9000 MWh with 1500 MW (min) capacity.

1.5 Already commissioned projects cannot be considered under this RfS. Projects under
construction or projects which are not yet commissioned will however be considered in
case these projects are not already accepted under any other Central or State Schemes.
Enhancement and augmentation of already commissioned Projects, irrespective of their
capacities will not be considered as eligible Project under this scheme.

1.6 Guidelines for Implementation of the RfS

RfS No NRE-CS-0000-BOO-2 Page 6

 This RfS document has been prepared based on the applicable provisions, extant
Guidelines of Govt of India. This RfS has been framed to procure services from
the developer from Energy Storage Solutions which are technology agnostic.

1.7 The bidders will be short-listed by the process of e-bidding (Single Stage Two Envelope
Bidding Process. Envelope-I: Technical Bid and Envelope-II: FinancialBid) to be
followed by reverse auction process for selection of bidders. E-bidding is a new
methodology for conducting Public Procurement in a transparent and secured manner.
For conducting electronic tendering, NTPC Ltd. is using the portal https://www.bharat-
electronictender.com (i.e. ETS Portal) of M/s ISN Electronic Tender Services Ltd. The
portal is also referred to as Electronic Tender System® (ETS).

1.8 Bidder shall submit bid proposal along with non-refundable Document Fees and Bid
Processing Fees, Earnest Money Deposit (EMD) complete in all respect as per the Bid
Information Sheet. Techno-Commercial bids will be opened as per the Bid Information
Sheet in online presence of authorised representatives of bidders who wish to be present
online. Bid proposals received without the prescribed Document Fees, Bid Processing
Fees and Earnest Money Deposit (EMD) will be rejected. In the event of any date
indicated is a declared Holiday, the next working day shall become operative for
the respective purpose mentioned herein.

1.9 RfS documents which include Eligibility Criteria, Technical Specifications, various
Conditions of Contract, Formats etc. can be downloaded from ISN-ETS Portal
(https://www.bharat-electronictender.com). It is mandatory to download official
copy of 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 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 NTPC REL and NTPC tender
website http://www.ntpcrel.co.in also. However, in case of any discrepancy, the
information available on ISN-ETS website shall prevail.

1.10 In case the RfS provides provision for multiple bids by a common bidder, then separate
EMD(s), Bid Processing Fees and Document Fees shall be furnished for all the bids as
listed out in the RfS along with the response to RfS. Kindly refer the Clause of Bid
Information Sheet for details. EMD shall be enclosed in a sealed envelope and shall be
submitted in the office of NTPC REL (offline) whose mailing address is mentioned in the
Bid Information Sheet.

1.11 NTPC REL 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.

RfS No NRE-CS-0000-BOO-2 Page 7

 Section 2

Definitions

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

Definitions

2.0 Definitions

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

"Applicable Tariff" shall be the quoted Tariff by the selected Project Developers.

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

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

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

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

“Chartered Accountant” shall mean a person practicing in India or a firm whereof all the
partners are practicing in India as Chartered Accountants within the meaning of the Chartered
Accountants Act, 1949;
For bidders incorporated in countries other than India, “Chartered Accountant” shall mean a
person or a firm practicing in the respective country and designated/ registered under the
corresponding Statutes/ laws of the respective country
“Company” shall mean a body corporate incorporated in India under the CompaniesAct, 1956
or the Companies Act, 2013 as applicable;

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

“Commercial Operation Date (COD)” shall mean the date on which the commissioning
certificate is issued upon successful commissioning of the full capacityof the Project or the last
part capacity of the Project as the case may be
“CTU or Central Transmission Utility” shall mean the Central Transmission Utility as defined
in sub-section (10) of Section 2 of the Electricity Act 2003;

“Financial Closure” shall mean arrangements of necessary funds by the Project Developer
either by way of commitments of funds by the company from its internal resources and / or tie
up of funds through a bank / financial institution by way of sanction of a loan and fulfilling all
requirements mentioned in clause 3.27 of RfS.
“Group Company” of a Company shall mean:
(i) a Company which, directly or indirectly, holds 10% (ten percent) or more of thepaid up

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

share capital of the Company or;

(ii) a Company in which the Company, directly or indirectly, holds 10% (tenpercent) or more
of the paid-up share capital of such Company or;
(iii) a Company in which the Company, directly or indirectly, has the power to director cause
to be directed the management and policies of such Company whether through the
ownership of securities or agreement or any other arrangement orotherwise or;
(iv) a Company which, directly or indirectly, has the power to direct or cause to be directed
the management and policies of the Company whether through the ownership of
securities or agreement or any other arrangement or otherwise or;
(v) a Company which is under common control with the Company, and control means
ownership by one Company of at least 10% (ten percent) of the paid-upshare capital of
the other Company or power to direct or cause to be directed the management and
policies of such Company whether through the ownershipof securities or agreement or
any other arrangement or otherwise.
Provided that a financial institution, Private Equity Funds, scheduled bank, foreign institutional
investor, non-banking financial Company, and any mutual fund shall not bedeemed to be Group
Company, and its shareholding and the power to direct or causeto be directed the management
and policies of a Company shall not be considered forthe purposes of this definition unless it is
the Project Company or a Member of the Consortium developing the Project.

“GUIDELINES” shall mean the “Guidelines for Bidding and/or applicable guidelines of Energy
Storage Solutions and/or Battery Energy Storage Solutions as applicable” including subsequent
amendments and clarifications thereof.
.

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

“Inter-connection point /Delivery/Metering point”

“Inter-Connection Point” shall mean the point at 220 KV or above where the power from the
Project is injected into the nearest ISTS Pooling Substation.

“Metering Point” shall mean the point of metering at GSS (Grid substation) to which the project
is connected. The metering will be done at interconnection point with ISTS substation for billing
purpose. Providing of meters and associated equipment at projects pooling stations shall be in
the scope of developer. Developer shall follow and be bound by the Central Electricity Authority
(Installation & Operation of Meters) regulation, 2006 and Amendment Regulation, 2010 and
Technical Standard for Connectivity of the Grid Regulation, 2007 and the Indian Electricity Grid
Code, as amended from time to time. The total cost of metering, recording & transferring
/communicating the data from its pooling stations to 765/400/220 kV ISTS GSS/respective
RLDC would be borne by the developer.
“Joint Control” shall refer to a situation where control is equally distributed among the
interested parties.
"Paid-up share capital" shall mean Paid-up share capital as defined in Section-2 of the
Companies Act, 2013.

“Lead Member of the Bidding Consortium” or “Lead Member”: There shall be onlyone Lead
Member, having the shareholding more than 50% in the Bidding Consortium and cannot be
changed till 1 (one) year of the Commercial Operation Date (COD) of the Project.

“Letter of Award” or “LOA” shall mean the letter issued by NTPC RE Ltd and/or any of its
affiliates to the Selected Bidder for award of the Project.

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

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

“Month” shall mean a period of thirty (30) days from (and excluding) the date of the event,
where specified, else a calendar month;

“Parent” shall mean a Company, which holds not less than 51% equity either directlyor indirectly
in the Project Company or a Member in a Consortium developing the Project;

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SELECTION OF DEVELOPERS FOR PROCUREMENT OF POWER THROUGH ENERGY SHIFTING SOLUTION

“Project” shall mean the Energy Storage System set up by the ESSD for storing of energy from
NTPC REL and supply of that stored energy “on Demand” basis, having single point of injection
into the grid at Interconnection/ Delivery/ Metering Point, or in case of sharing of internal power
evacuation infrastructure upto ISTS, for which separate scheduling and energy accounting is
possible through suitable metering scheme acceptable to RLDC/CTU/NTPC REL. The Project
shall also comprise auxiliaries and associated facilities, bay(s) for transmission system in the
their switchyard, transmission line up to the injection point and all the other assets,
buildings/structures, equipment, plant and machinery (pertaining to the ESS), 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 intended to be developed
and constructed for the purpose of supply/drawl of energy to/from NTPC REL.

"Project Company” shall mean the Company incorporated by the Bidder as per TheCompanies
Act, 1956. or the Companies Act, 2013 as applicable.
“Project Commissioning” the Project will be considered as commissioned if all equipment as
per rated project capacity has been installed and energy has flown into grid.
'Project Financing Arrangements” shall mean arrangement of necessary funds by the Project
Developer either by way of commitment of funds by the company from internal resources and/or
tie up of funds through a bank / financial institution by way ofsanction of a loan.
“Project/Energy Storage Developer”, “Developer” shall meanBidding Company or a Bidding
Consortium submitting the Bid. Any reference to the Bidder includes Bidding Company / Bidding
Consortium/ Consortium, Member of a Bidding Consortium including its successors, executors
and permitted assigns and Lead Member of the Bidding Consortium jointly and severally, as the
context may require”;
Scheduled Commissioning Date shall be 24 months for capacity upto 500MW/3000MWH.
However, in case any developer is participated in the bid with more than 500MW then, then first
500MW storage capacity service to be provided by 24 months from ESIA and remaining Storage
capacity service to be completed by 30 months from ESIA.
“Selected Bidder or Successful Bidder” shall mean the Bidder selected pursuant to this RfS
to set up the Project and supply electrical output as per the terms of ESIA;
“Project” shall mean the Energy shifting solution/storage project that discharges stored power
during the peak hours as required;

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

“Storage Energy Capacity” also known as “Total Active Energy Capacity” means the
maximum amount of energy in MWhr that is capable of being charged or discharged by the
Project. Energy Capacity refers to Dispatchable Energy in MWh at POI i.e., Contracted MWh
capacity.
“AVAILABILITY” shall mean as defined in Clause 3.17 of the RfS.

“ENERGY STORAGE SYSTEM” or “ESS” shall mean the system(s)/projects utilizing methods
and technologies such as electrochemical batteries (Lead Acid, Li-ion, solid state batteries, flow
batteries, etc.), Gravity-based storage (e.g. Pumped Storage Projects (PSP)), thermal-storage
etc. providing a facility that can store energy and deliver the stored energy in the form of
electricity, including but not limited to ancillary facilities (grid support, for example). Such systems
may be co-located with RE Generating Stations, or may be operated on standalone basis and

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SELECTION OF DEVELOPERS FOR PROCUREMENT OF POWER THROUGH ENERGY SHIFTING SOLUTION

such capacity may be made available physically demarcated or as part of larger storage asset.
However, in the later scenario, the bidder shall ensure that the capacity contracted from the
larger storage asset is not more than the rated capacity of the asset.

“Energy Storage System Developer” or “ESSD” or “Developer” shall mean the entity
owning/operating the ESS facility for supply of energy under these RFP.

“Energy Storage Infrastructure Agreement” or “ESIA” shall mean an agreement entered by

“NTPC Renewable Energy Ltd and/or any of its affiliates” with Project Developer for the
supply of ESS Capacity under Service Contract.

“CONTRACTED CAPACITY” shall mean the dispatchable MW/MWh capacity at POI,

contracted with NTPC REL for providing Energy storage facility for charging and discharging
the system on “on-demand” basis, based on which the ESIA is executed with NTPC REL.

“NTPC REL” means the NTPC Renewable Energy Ltd and/or its permitted assigns as decided
by NTPC REL.

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Section 3

Information
and
Instructions to Bidders

RfS No.: NRE-CS-0000-BOO-1

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

Section 3

1.0 BACKGROUND AND INTRODUCTION

1.1 NTPC Renewable Energy Ltd (hereinafter referred as “NTPC REL”) is a wholly owned
subsidiary of NTPC Ltd and has been forayed into development of clean energy technologies
to meet the ambitious growth plan for development of Renewable Energy Projects for NTPC.

1.2 With the introduction of new technologies in green energy, Renewable Energy (RE) has
become the most affordable and cheapest source for meeting the energy requirements. The
growth of Renewable Energy Portfolio in the country started with typical Solar and Wind Energy
Projects. Subsequently, the focus of clean energy technologies is rapidly shifting towards hybrid
tenders and Round the Clock tenders wherein more RE capacities are required to be
consistently generated and injected to the grid. The above shift in the energy domain requires
energy storage solution as a critical element in the RE mix.

1.3 The process of energy transition in the country would entail integrating the planned Renewable
capacity into India’s energy grid while ensuring its safety and reliability. The various storage
solutions i.e. Pumped Hydro Storage Plants, BESS are envisaged to be significant element of
the future grid with increased share of renewable energy.

1.4 NTPC RE Ltd intends to use the services of storage solutions for use these systems on
“Demand Basis” to meet the various requirements under Round the Clock RE Power bundled
with or without fossil-based power/hydro power. Further, NTPC RE Ltd also reserves the right
to use the energy from these storage solutions in various other requirements as and when
envisaged.

1.5 The Bidders will be free to avail fiscal incentives like Accelerated Depreciation, Concessional
Customs and Excise Duties, Tax Holidays etc. as available for such Projects. The same will
not have any bearing on comparison of bids for selection. As equal opportunity is being
provided to all Bidders at the time of tendering itself, it is up to the Bidders to avail various tax
and other benefits. No claim shall arise on NTPC REL for any liability if Bidders are not able to
avail fiscal incentives and this will not have any bearing on the applicable tariff. NTPC REL
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 of the fiscal
incentives.

2.0 INFORMATION AND INSTRUCTIONS TO BIDDERS

RfS document is available for download, free of cost from the web-site of ETS at
https://www.bharat-electronictender.com. A link of the same is also available at
www.ntpctender.com.
Note: - Interested bidders have to procure the OFFICIAL COPY of RfS & other documents after
getting registered with ETS (Refer Annexure–4). If only free copy of RfS documents are
downloaded from ETS portal or RfS documents are downloaded without confirmation or
without generating official copy serial number, then thebidders will not be able to submit the
bids. For further assistance, please contact ETShelpdesk at +91 124-4229071, 124-4229072.

Transfer of RfS documents downloaded by one intending bidder to another is not

permitted.

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

3.0 Scope of Work

Under this RfS, the Developer shall be required to set up a Energy Storage System (ESS), with
the primary objective of making the energy storage facility available to NTPC REL for
charging/discharging of the ESS to complement the Solar/Wind Hybrid generation profile to
meet Round the clock power to buying entity.
Setting up of the ESS and interconnection of the ESS with the ISTS network will be under the
scope of the ESSD. The RfS is technology agnostic, as long as it meets the definition of ESS
under this RfS and the required performance criteria under the RfS and ESSA. The ESS may
be charged by any source of Solar/Wind energy “ESS charging source”.
3.1 Total Capacity Offered
Multiple blocks of Grid-connected Energy storage Project for cumulative capacity of 1500 MW
(min)/ 9000 MWh. Selection of Developers/ESSD will be carried out through e-bidding process.
The projects can be in any location of India.
The interested Project Developers are required to participate in the Request for Selection (RfS)
for setting up the energy storage projects on Build-Own-Operate (B-O-O) basis.

3.2 Capacity of Project

The minimum output capacity of each block in project shall be 100 MW /600MWh. Project
Capacity in MW is the installed Capacity of the Power Project / Maximum Power Output (AC)
from the Energy storage Project which can be scheduled at the Delivery Point / Inter-Connection
point during any time block of the day. The Project Developers can quote capacities at
Delivery point in the multiples of 100 MW i.e. as per the following combinations:

1) 600 MWhr with 100 MW Capacity (min). [Minimum Capacity]

2) 1200 MWhr with 200 MW capacity (min).
3) 1800 MWhr with 300 MW capacity (min).
4) 2400 MWhr with 400 MW capacity (min).
5) 3000 MWhr with 500 MW capacity (min).
6) 3600 MWh with 600 MW (min) capacity.
7) 4200 MWh with 700 MW (min) capacity.
8) 4800 MWh with 800 MW (min) capacity.
9) 5400 MWh with 900 MW (min) capacity.
10) 6000 MWh with 1000 MW (min) capacity.
11) 6600 MWh with 1100 MW (min) capacity.
12) 7200 MWh with 1200 MW (min) capacity.
13) 7800 MWh with 1300 MW (min) capacity.
14) 8400 MWh with 1400 MW (min) capacity.
15) 9000 MWh with 1500 MW (min) capacity. [Maximum Capacity]

3.2(a) The above requirement (MW/MWh) is on daily basis therefore, Bidder is required to design
actual Plant MW/MWh capacity from which Bidder shall fulfill the contracted MW/MWh capacity
of NTPC REL at Point of Inter-connection. MW specified at Point of Inter-connection is minimum
requirement from Bidder. Bidder may design higher MW capacity Plant from which it can fulfil
NTPC REL daily/contract requirement.

For example- for 100MW/ 600MWh Project capacity.

Daily requirement of NTPC REL shall be 600MWh at POI which is contracted MWh capacity.
The 600MWh shall be discharged at MW rate suitable for real-time requirement limited to
100MW(max.) by NTPC REL. However, Continuous 100 MW capacity discharge shall be

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

limited to maximum 4 hours and remaining MWh capacity shall be discharged as per
requirement at different MW rate.

3.3 Cost of Documents and Processing Fees

Prospective bidders interested to participate in the bidding process are required to submit their
offer on-line on the website https://www.bharat-electronictender.com along with a non-
refundable processing fee of Rs. 10 Lakh + applicable GST throughDemand Draft in favour of
“NTPC RE Limited” payable at Noida/New Delhi only.
The processing fee is to be submitted offline along with other documents at NTPC office at
GREATER NOIDA before last date and time of submission of bids as per clause 3.12.4.1of this
RfS document.

A bidding Company/Consortium will be eligible to participate in the bidding process only on

submission of RfS along with the Processing Fee.
The bidder is required to pay the Processing Fee including applicable GST, which ispresently
applicable @18%.
The bidders have an option to pay the Processing Fee as mentioned above in the form of
Electronic Transfer/ NEFT Payments in the following account of NTPC with details as below:
Name of Bank: Axis Bank
Branch Code: 000022
Branch Name and Address: Axis Bank Ltd, B2-B-3, Sector 16, Noida,
Gautam Buddha Nagar, UP 201301
Account Number: 921020013636047
IFSC Code: UTIB0000022
In case of electronic fund transfer, copy of transfer receipt/electronic transfer receiptis
to be submitted offline along with other documents at NTPC office at GREATER NOIDA
before last date and time of submission of bids as per clause 3.12.4.1 of this RfS
document.

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 NTPC REL Ltd

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

Registration and Downloading of From 27.04.2023 to 25.05.2023

RfSdocument Date

Last date for receipt of queries on On 28.05.2023

RfS from the prospective bidders
Pre-bid shall be conducted on Hybrid
and Pre- bid Conference Date and
Mode on 28.05.2023 from 10:30 hrs; link
time
and place for attending the meeting shall
Venue of Pre bid conference be shared separately.

Last date and Time for On 16.06.2023 upto 15:00 Hrs (IST)
a) Online submission of bid and
b) All documents as per
Clause
3.15 physically at NTPC
office,NOIDA
Technical Bid Opening Date & Time On 16.06.2023 from 15:30 Hrs (IST)
onwards
Financial Bid Opening Prior to start of Reverse Auction

Date and time for start of Reverse To be intimated to all bidders

Auction separately.
Cost of RfS Documents in INR NIL

* Note: The above dates shall be subject to change based on the actual approval.

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3.5 Bidding for Energy storage Projects:

Bidders may submit online response to Request for Selection (RfS) for selection of developers
for procurement of power through grid connected energy shifting solution as per the terms &
conditions of this RfS.

3.6 Location of Project:

The energy storage project to be selected by NTPC REL under this scheme can be setup at
any location in India as offered by developer.

3.7 Number of Response to RfS by a Company

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

A General Eligibility Criteria

Bidders participating in the RfS will be required to meet the following eligibility criteria
(as applicable).
A.1 The Bidder must fall under either of the following categories:
a. A Company under the Companies Act, 2013.
b. A Foreign Company under the respective nation’s laws.
c. Alternative Investment Funds (AIF) as registered under SEBI.”AIF” shall be as defined by
SEBI.
d. 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.
A.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 ESPA,
keeping the original shareholding of the Bidding Consortium unchanged. In case applications
for multiple Projects have been made by a Consortium, separate Project Companies can be
formed for each Project. For the avoidance of doubt, it is hereby clarified that the shareholding
pattern of the Project Company shall be the identical to the shareholding pattern of the
Consortium as indicated in the Consortium Agreement (Format 6.5).
A.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 ESIA. 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

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India.
In case the foreign company participating as a member of consortium, Clause 3.8 (A7) of the
RfS shall be applicable.
A.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).
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 6.8/6.8A 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.
A.5 Limited Liability Partnership (LLPs) are not eligible for participation.
A.6 A Bidder which has been selected as Successful Bidder based on this RfS can also execute
the Project through a Special Purpose Vehicle (SPV) i.e. a Project Company especially
incorporated/acquired as a subsidiary Company of the successful bidder for setting up of the
Project, with atleast 51% shareholding in the SPV which has to be registered under the Indian
Companies Act, 2013, before signing of ESIA. Multiple SPVs may also be utilized for executing
more than one project.
A.7 Any consortium, if selected as Successful Bidder for the purpose of supply of power to NTPC
REL, shall incorporate a Project company with equity participation by the Members in line with
consortium agreement (to be submitted along with the responseto RfS) before signing of ESIA
with NTPC REL, i.e. the Project Company incorporated shall have the same shareholding
pattern as that indicated in the Consortium Agreement given at the time of submission of
response to RfS. This shall not change till the signing of ESIA and the Controlling Shareholding

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(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 the 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 NTPC REL, subject to the conditionthat, the
management control remains within the same group of companies.
A.8 The Bidder or any of its Affiliates should not be a willful defaulter to any lender, and that there
is no major litigation pending or threatened against the Bidder or any of itsAffiliates which are
of a nature that could cast a doubt on the ability or the suitability of the Bidder to undertake the
Project. The Bidder shall submit an undertaking to thiseffect.
A.9 For avoidance of doubt, it is clarified that the fully owned subsidiary Company as mentioned in
Clauses 3.8 (A3 and A6) above should be an immediate subsidiary of thebidder, without any
intermediaries involved. The following illustrations are provided to clarify the same:

B Technical Eligibility Criteria

B.1 Under this RfS, it is proposed to promote only commercially established and operational
technologies to minimize the technology risk and to achieve timely 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 6.7 of the RfS. The technology proposed
at the time of submission of response to RfS can be changed at the time of Financial Closure.

B.2 The Bidder is required to undertake to furnish evidence of meeting the above criteria in line
with provisions of Clause 3.31 of the RfS. The undertaking shall be submitted as per enclosed
Format 6.9 of the RfS.

B.3 The Projects shall also comply with the performance criteria as detailed in Clause 3.15 of the
RfS.

C FINANCIAL ELIGIBILITY CRITERIA

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C.1 NET-WORTH

a) The Net Worth of the Bidder should be equal to or greater than INR 228 Lakhs per MW (Rs.
2,28,00,000/MW) of the quoted capacity (in MW), as on the last date of 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 600 MWh /100 MW project capacity, the minimum Net Worth requirement to
be demonstrated shall be Rs. 228 lakh x 100 MW. In case of the Bidder being a SEBI
registered AIF, the cumulative value of Assets Under Management (AUM) with minimum
requirement as decided by the Procurer/Intermediary Procurer shall be demonstrated. In this
context, AUM shall mean the amount as certified by the Statutory Auditor of the AIF.
b) The Net-Worth/AUM to be considered for the above purpose will be the cumulative net worth
of the Bidding Company or Consortium together with the Net Worth/AUM of those Affiliates of
the Bidder(s) that undertake to contribute the required equity funding and performance bank
guarantees/POI in case the Bidder(s) fail to do so in accordance with the RfS. In case of AIFs
being the Bidders, they cannot use the Net Worth/AUM of their Affiliates to meet the above
criteria.
c) Net Worth to be considered for this clause shall be the total Net Worth as calculated in
accordance with the Companies Act, 2013 and any further amendments thereto.

C.2 LIQUIDITY

In order to ascertain that the Bidder has sufficient means to manage the fund requirements for
the Project, the Bidder shall be required to demonstrate at least one of the following parameters:
a) In order to ascertain that the Bidder has sufficient means to manage the fund requirements for
the Project, the Bidder shall be required to demonstrate at least one of the following
parameters: a. A minimum annual turnover of INR 195 Lakh/MW (Rs. 1,95,00,000/MW) of the
quoted capacity ( in MW) during the previous financial year (i.e. FY-2022-23) or as on the day
at least 7 days prior to the bid submission deadline. It is hereby clarified that “Other Income”
as indicated in the annual accounts of the Bidder shall not be considered for arriving at the
annual turnover. For. eg., for a 600 MWh /100 MW project capacity, the minimum annual
turnover requirement to be demonstrated shall be Rs. 195 lakh x 100 MW.
b) Internal resource generation capability, in the form of Profit Before Depreciation Interest and
Taxes (PBDIT) for a minimum amount of INR 39 Lakh/MW (Rs. 39,00,000/MW) of the quoted
capacity (in MW), as on the last date of previous financial year (i.e. FY-2022-23) or as on the
day at least 7 days prior to the bid submission deadline.
c) In-principle sanction letter from the lending institutions/ banks of the Bidder, committing a Line
of Credit for a minimum amount of INR 48.75 Lakh/MW (Rs. 48,75,000/MW) of the quoted
capacity (in MW), towards meeting the working capital requirement of the project quoted under
this RfS. Such letter can also be obtained by the Affiliate(s) of the Bidder.
d) 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 3.8 (C1)
and 3.8 (C2) above. 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/POI
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

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

of ESIA (Energy Storage Infrastructure Agreement).

e) For the limited purpose of meeting the technical and financial eligibility criteria, bidder may use
credentials of those Affiliates who do not control more than 50% of the bidding company,
subject to the following:
i. 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 cr and the strength of an Affiliate is used
which owns 30% of the total shareholding in the bidder, the said Affiliate will be able to
meet upto Rs 30 Cr of the Net Worth
ii. 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.
f) 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.
g) A Company/Consortium would be required to submit annual audited accounts for the last
financial year, (i.e. FY-2022-23), or as on the day at least 7 days prior to the bid submission
deadline, along with net worth, annual turnover and PBDIT certificate (as applicable) from a
practicing Chartered Accountant/ Statutory Auditor to demonstrate fulfillment of the criteria. In
case of foreign companies, the Bidders shall be required to submit the annual audited
accounts for the last respective financial year as per the general norm in the country where
the Bidder or its Affiliate(s) is/ are located, or provisional accounts as on the day at least 7
days prior to the bid submission deadline.

Note: In case of foreign Bidders, in the event the Bidder is unable to furnish the audited annual
accounts for the previous financial year as per the prevalent norm in the respective country,
the Bidder shall submit the annual audited accounts of the last financial year for which the
audited accounts are available. This, however, would be acceptable, subject to the condition
that the last date of response to this RfS falls on or within the deadline for completion of audit
of annual accounts of companies, as stipulated by the laws/rules of the respective country,
and the Bidder shall submit the corresponding documentary evidence against the same. In
case the annual accounts or provisional accounts as on the day at least 7 days prior to the
bid submission deadline, are submitted in a language other than English, a certified English
translation from an approved translator shall be required to be submitted by the Bidder.
h) 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.
i) 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 (g) above.
j) In case the response to RfS is submitted by a Consortium, then the financial requirement
(both the Net-Worth and Liquidity requirements) to be met by each Member of the Consortium
shall be computed in proportion to the equity commitment made by each of them in the Project
Company. For example, if two companies A and B form a Consortium with equity participation
in 70:30 ratio and submit their bid for a capacity of 600 MWh /100 MW, then, total Net-Worth
to be met by the Consortium is Rs. 228 Lakh x 100 MW = Rs. 228 Crores. Minimum
requirement of Net-Worth to be met by Lead Member A would be minimum Rs. 160 Crores
and to be met by Consortium Member B would be Rs. 69 Crores. Similar methodology shall

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be followed for computation of liquidity requirement.

k) Note: Wherever applicable, audited accounts for the last FY, 2022-23 will be required to be
submitted for meeting the qualification requirements. In case the audited annual accounts of
FY 2022-23 are not available, then, audited annual accounts of FY 2021-22 can be
considered.

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3.9.1 Connectivity with the Grid

i. The Project should be designed for interconnection with the ISTS in accordance with the
prevailing CERC regulations in this regard. For interconnection with the grid and metering,
the developer shall abide by the applicable Grid Code, Grid Connectivity Standards,
Regulations on Communication System for transmission of electric and other
Regulations/Procedures (as amended from time to time) issued by Appropriate
Commissions and Central Electricity Authority (CEA).

ii. The Project shall be interconnected to the minimum 220 kV level of ISTS Substation at
anywhere in India. Necessary applications for grant of connectivity/GNA/T-GNA as per
CERC (Connectivity and General Network Access to the inter-State Transmission System)
Regulations, 2022) will be required to be made by the ESSD. All the requisite costs
associated with obtaining connectivity/GNA/T-GNA shall be borne by the ESSD. Regarding
availability of connectivity at the substation, Bidder may contact CTU for clarity and data as
made available by CTU shall be final and binding. Duration of Connectivity availed by ESSD
shall be in compliance to ESIA period. Necessary document in this regard shall be shared
with NTPC REL within 06 months of LoA issuance. ESSD shall take advance action so that
Start date of connectivity/GNA shall match with original SCOD of the Associated
Transmission System.

iii. The entire cost of transmission including cost of construction of line, wheeling charges,
SLDC/Scheduling charges, Reactive power charges, SOC, MOC, maintenance, losses etc.
and any other charges from the Project up to and including at the Interconnection Point will
be borne by the Developer. For transmission of power during charging/discharging of the
ESS, ISTS transmission charges applicable as per the regulations, will be levied on the
developer. In case ISTS Transmission Charges are levied on the ESSD during charging
of the ESS, the same shall be reimbursed as per actuals by the buyer based on the
submission of documentary evidences.

iv. NTPC REL shall ensure the supply of at least 51% of annual charging energy/power to ESSD
from RE generation sources so that the transmission charges waivable applicable on
transmission of charging and discharging power through the ESS can be availed by ESSD
as per term and condition under MoP office order.

v. Metering shall be done at rated voltage level of CTU substation. Transmission losses from
project to substation including auxiliary losses (Energy consumption of control room building,
transformers auxiliary & yard lightings) & system losses shall be borne by the developer.

vi. Penalties, fines and charges imposed by the CTU/STU under any statute or regulation in
relation to delay in commissioning of the project shall be payable by the Developer to the
extent the delay is attributable to it.

vii. ESSD may develop the Battery Storage Project located adjacent to NTPC REL’s upcoming
Solar Park /Solar project premises (identified for RE-RTC power) and independently
connected to ISTS system. In that case, based on connectivity application by ESSD to CTU,
ESSD may connect to ISTS Substation through the NTPC REL’s pooling substation as per
provision of Connectivity regulation. However, ESSD may choose to developed BESS
project separately as standalone at anywhere in India.

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3.10 Round Trip Loss/Conversion loss (CL) & availability:

The CL of the energy storage projects selected through this RfS, shall not be more than 30%.
The minimum annual availability of the project shall be 95 %. Planned maintenance shutdown,
if any is to be informed to NTPC REL before 1 month.
ESS shall be charged from Solar generation from Solar Plant during solar hour for 85%-90%
of the time over the year. Sometimes 10-15% time, ESS may be charged from Wind plant in
other than Solar generation hour in a year. Charging Schedule shall be generated and provided
to ESSD with first priority on excess solar generation in solar hours in any day, balance
charging power shall be scheduled from excess wind generation in non-solar hours. In case,
ESSD provide MW capacity schedule for charging more than contracted MW capacity, it may
be possible to avoid the ESS charging from wind resources in non-solar hours. This is optional
and voluntary for ESSD, no separate treatment is envisaged in Bid Evaluation of the tender in
this regard.

3.11 Short-listing of Bidders for Opening of Financial Bids

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

3.12 Selection of Developers

Bidder shall quote the following;

A. Total Bid price per MWHR per Year (including all taxes, duties) = Q

B. Bidding Capacity in MWH (MWH) (may be 600

/1200/1800/2400/3000/3600/4200/4800/5400/6000/6600/7200/7800/8400/9000 MWh)
as per Format 6.7A

C. Year wise Round Trip Efficiency (AC-AC) (RtE) (minimum value of RtE shall be 70%)
with respect to ISTS connection/metering point for period of 25 years as per Format-6.7A
of Bid document (Bidder to consider annual degradation as a component of declared
efficiency on YOY basis). Evaluated Bid Price (EP) shall be calculated by Employer as
under:

Evaluated Bid Price (EP) [i.e. Annual levelized Cost (INR) per MWH per year] =

𝐸𝐸
Q+
(𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴)

Where,

ALCF (Annual Levelized Cost Factor) = 11.147

E = NPV of year-wise cost on account of recurring energy loss due to Energy Storage
System round trip AC-AC energy conversion efficiency measured at metering point as

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

per clause 3.12 (C) [Format 6.7B may be refered by the ESSD for detailed calculation
methodology of “E” in INR/MWh]

Note:-

i. Energy storage availability shall be taken 95 % as the minimum availability to be

ensured for a year.
ii. Minimum MW capacity of Storage Service quoted by Bidder shall be
100/200/300/400/500/600 /700/800/900/ 1000/1100/1200/1300/1400/1500 MW for
600/1200/1800/2400/3000/3600/4200/4800/5400/6000/ 6600 /7200/7800/8400/9000
MWH respectively.
iii. All tax liability shall remain with the bidder.

3.12.1 The bidders will have to submit techno commercial bids as per Annexures. This will be
the “First Round Bid” of the Bidderafter which the shortlisted bidders shall be invited for the
Reverse Bid Auction.
3.12.2 This sub-clause is not in use.
3.12.3 Methodology for Selection Developers: -
The methodology to be adopted for selection of Energy storage project is mentioned below:
All the bidders will be required to submit online bids (e-bids) on the electronic platform of
ETS. The bidders will be shortlisted by ‘Single Stage – Two Envelope’ bidding process
followed by reverse auction among shortlisted bidders.
3.12.4.1 Documents to be submitted Offline
Following documents are to be submitted offline in a sealed envelope at NTPC REL Office
at Greater Noida on or before the end date and time of bid submission: -
i. Instrument towards Processing Fee;
ii. Earnest Money Deposit (in original) as per Clause 3.29;
iii. Certified True Copy of Board Resolution from the Bidding Company or the LeadMember
of the Consortium, as the case may be, in favour of the person signing the response to
RfS;
iv. Original Integrity Pact (Details mentioned in Clause 3.34 below) signed by Authorized
representative of Bidder.
v. Certificate of Compliance as per Format 6.13a.
vi. Certificate towards compliance of Fraud Prevention Policy as per Format 6.14
vii. Pass-phrase of Technical and Financial Bids each sealed in separate envelopes.
In case requisite Processing Fees and/or Declaration of Bid Security (as per Clause 3.25)
and/or Integrity Pact (as per Clause 3.34) and/or Certificate of Compliance to All Provisions
and/or Certificate of Compliance of Fraud PreventionPolicy are not submitted before the
end date and time of bid submission then bidshall be rejected and returned unopened.

viii. Format for Yearwise Round trip efficiency as per Format 6.7A.
First Envelope (Technical Bid) (To be submitted online)

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In the first envelope the bidders will be required to submit the documents related to
Qualifying Requirements and other required documents as mentioned at clause 3.8.
Second Envelope (Financial Bid) (To be submitted online)
In the second envelope, bidders will be required to submit “first round bid price” in terms
of Q/MWh i.e. “Annual Infrastructure Usage Charge (including taxes, duties and GST) per
year in the Electronic Form- Financial part at ETS Portal.

Subsequent to the opening of Financial Bid, the evaluated bid price of the respective
bidders based on the offered capacity furnished by the bidder (in MWhr) as per Format
6.7A shall be calculated based on the bid evaluation criteria indicated at 3.10 above.

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

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

A. Short listing of Bidders: After completion of evaluation of Techno-Commercial bids,
price bids of all qualified bidders shall be opened. Ranking of all the qualified bidders
shall be done based on their Evaluated Bid Price which shall be calculated as per the
Bid Evaluation Criteria detailed at para no. 3.12 titled “Selection of Developers and
calculation of Evaluated Bid Price” above. Highest Rank (Rank-1) will be given to
the bidder who has the lowest Evaluated Bid price and so on.
If the Evaluated Bid Price is same for two or more bidders, then the following rules for tie
break shall be applied in sequence as under:

(a) Rule-1 - Bidder with higher quoted capacity (in MWhr) shall be given higher ranking.
(b) Rule-2 – Bidder with higher Annual Round Trip Efficiency shall be given higher ranking
(c) Rule-3 - The relative ranking shall be decided through draw of lots.

All qualified bidders will be shortlisted for Reverse Auction.

B. Offered capacity of Award in reverse auction: Subject to para above, the offered
capacity of award in reverse auction shall be 1500 MW/9000 MWhr or equal to
cumulative capacity of all qualified bidders whichever is less.
All the short listed bidders for Reverse Auction shall be intimated about their eligibility
for participation in Reverse Auction, two (02) hours before the start of Reverse Auction.
Along with this intimation for eligibility for participation in Reverse Auction, the
Adjustment and Evaluated Bid Price calculated by the Employer in accordance with
para no. 3.12 shall also be intimated to each bidder. It is to clarify that a bidder’s own
Adjustment and Evaluated Price only shall be intimated.
C. Schedule for Reverse Auction: After evaluation of Techno- Commercial Bids, date
and time of start of Reverse Auction shall be intimated to all the bidders who have
submitted their bids at least five (5) days prior to Reverse Auction. Initial duration of
Reverse Auction shall be 30 minutes.
D. Auction extension time : The initial auction period will be of thirty (30) minutes with a
provision of auto extension by 08 (eight) minutes from the scheduled/ extended closing
time. Such auto extension shall be effected if by way of reduction in quoted price, a
Bidder causes a change in Lowest Evaluated Bid Price (L1).

In addition to above, if price is reduced by a bidder who is already L1, in that case also
the auto extension of reverse auction closing time shall be effected.

If no such change as described above is effected during the last 08 minutes of auction
period or extended auction period, then the reverse auction process will automatically
get closed. Bidders are advised not to wait till the last moment to enter their bid to avoid
complications related to internet connectivity, their network problems, system crash
down, power failure etc.

At the cost of repetition, it is highlighted that auto extension will only be triggered
when a bidder causes a change in L1 price. Auto extension will not be triggered
for the change in a bid price which does not cause change in L1 price. Bidder
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may, accordingly, be falling in these zones will not be visible to the bidder at any
stage of the e-RA process. Further, auto extension of e-RA process will not be
triggered with change in zonal placements, except in the event of change in L1
price.

E. Price to be Quoted During Reverse Auction: The variable parameter in the reverse
auction shall be the Evaluated Bid Price (EP). At the start of reverse auction each bidder
shall be assigned its Evaluated Bid Price (EP) determined by the Employer in
accordance with para no. 3.12 above and intimated to them as per provision at para (c)
above. On E-Reverse Auction overview page, the bidders are advised in their own
interest to view their start price (which shall be same as their ‘Evaluated Bid Price’ and
displayed in Bidder’s window as ‘My Financial Bid Price’). In case there is any
discrepancy in the Start Price (which shall be same as their ‘Evaluated Bid Price’), the
same shall be immediately intimated to the Employer before start of Reverse Auction
otherwise the Start Price will be considered final and binding on that bidder. The
Reverse Auction shall be conducted on Evaluated Bid Price (EP) i.e. a bidder shall
reduce its Evaluated Bid Price. The minimum Bid Decrement shall be intimated before
start of reverse auction.
Bidders can quote any value lower than their initial Evaluated Bid Price subject to the
decrement cannot be less than the minimum bid decrement. However, no upward
revision of Evaluated Bid Price will be allowed. Bidders can improve their ranking by
quoting the Evaluated Bid Price lower than their last quoted Evaluated Bid Price by any
number of decrements. Further, in Reverse Auction no revision in capacity of Project(s)
for which a bidder is considered qualified after evaluation of technical bid is allowed.
The bidder shall not have the option of changing the capacity of projects while quoting
Evaluated Bid Price.

During the reverse auction, the following information will be displayed in the bidder’s
bidding window:
(i) His initial Evaluated Bid Price as their Start Price initially and thereafter his last
evaluated bid price.
(ii) The Lowest Evaluated Bid price (L1) at any particular moment of the Reverse
Auction.

3.12.4.4 Selection of Successful Bidders, Post Reverse Auction Procedure, Award Criteria
and Award Price

(a) After reverse auction, bidders would be ranked in ascending order as L-1, L-2, L-3, L-4
and so on with L-1 being the bidder with lowest Evaluated Bid Price. After the reverse
auction is closed, bucket filling will be done based on the ranking of bidders and their
quoted project capacity. The lowest evaluated bidder will be allotted its quoted capacity
and then, next higher bidder will be allotted its quoted capacity and so on till the offered
capacity of award in reverse auction is fully allotted. While allocating the capacities in
the above order of preference, the elligible bidders shall be required to match of
lowest evaluated bid price discovered in the bidding process.

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In case of tie among two or more bidders (i.e. their last evaluated bid price being same), the
resolution shall be done as under:

i. The First Criterion shall be the time stamping of last bid quoted by bidders in reverse auction.
The preference shall be given to that bidder who has quoted its last bid earlier than other
such bidders.

ii. The Second Criterion shall be applied in sequence as per para 3.12.4.3 (a) above indicated
for breaking the tie.

(b) Successful bidders are those bidders who are eligible for award in terms of clause
3.12.4.4 (a) above.

The contract shall be awarded to each successful bidder selected in terms of clause (a) above
at the following price:

Award Price (INR) AP (Total [Lowest Evaluated Bid Price

Quoted Bid Price per MWH per (LEP) discovered during reverse
Year) = auction] divided by [1+
Adjustment (A*)]
AP
AP LEP ÷ [𝟏𝟏+𝑨𝑨]

*The value of A shall remain unchanged for all the bidders

In case the capacity of Projects offered by last successful bidder is higher than the capacity of
Projects to be selected for meeting the cumulative capacity of all the Projects under this tender,
the capacity of Projects of last successful bidder shall be reduced so as to meet the cumulative
capacity of all the Projects to be selected under the tender subject to the minimum reduced
capacity is not less than 100 MW/600 MWhr.

In case the partial capacity offered to the last successful Bidder after completion of the e-RA is
lower than 50% of the total quoted capacity by such Bidder, the Bidder shall have an option to
refuse such offered partial capacity. However, in case the partial capacity offered to the last
successful Bidder after completion of the e-RA is greater than or equal to 50% of the total quoted
capacity by such Bidder, it shall be mandatory for the last successful Bidder to accept the partial
capacity offered against its quoted capacity. In case the last successful Bidder refuses to accept
such partial capacity offered by the Employer, then bid of such bidder shall be rejected, their
Bid Security shall be forfeited and such bidder shall be treated as ineligible for participation
in the future tenders issued from NTPC REL for a period of 6 months from the date of refusal.

(c) In case the partial capacity offered to the last successful Bidder after completion of the
e-RA is lower than 50% of the total quoted capacity and the Bidder refused to accept that
partial capacity, such un allotted capacity shall be offered to bidders participated in
Reverse Auction in sequential order of their ranking by matching the lowest Evaluated
Bid Price (Price of L-1 bidder) received during reverse auction. The bidders shall have
the option to accept such capacity in multiples of 100 MW/600 MWhr.

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In case, L1 Bidder is interested in partial capacity (in multiples of 100 MW/600 MWhr) of the un
allotted capacity, same shall be offered to L1 bidder and remaining capacity shall be offered to
next bidder in sequence and so on.

In case L1 bidder is not interested in un allotted capacity, L2 bidder shall be offered to accept
un allotted capacity by matching L1 Evaluated Bid Price

In case no bidder is interested in unallotted capacity, such un allotted capacity shall be leftover.

Bidder to note that the final total Price (Q) shall consist of base price and applicable GST.

(d) In case a bidder who has been invited for the reverse auction does not reduce its bid
price or does not participate in the reverse auction for any reason whatsoever, its
evaluated bid price based on its quoted rates shall be considered its final bid price in the
reverse auction. The time stamping of all such bidders shall be the time of
commencement of reverse auction.

A detailed reverse auction mechanism is enclosed at Annexure - 5.

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

3.13 Allotment of Projects:

Reverse Auction shall be conducted on Evaluated Bid Price (EP), and after RA,
selections of the capacities in the bucket shall be carried out based on the matching
of lowest evaluated bid price discovered in the bidding process. All the bidders
in the bucket in the order of preference shall be provided with an option of matching
the lowest evaluated bid price discovered after the completion of Reverse Auction in
accordance with the provisions indicated at Para 3.12.4.4 above. The final award price
submitted by successful bidder(s) after reverse auction shall be derived with the
Adjustment (A) unchanged.

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SELECTION OF DEVELOPERS FOR ISTS CONNECTED ENERGY STORAGE SOLUTIONS

Employer’s decision on Award of Contract shall be final and binding on all the
Bidders.

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

3.14 Energy Storage Infrastructure Agreement (ESIA)

a. Energy Storage Infrastructure Agreement (ESIA) shall be signed between NTPC REL
and successful bidder. A copy of Energy Storage Infrastructure Agreement to be
executed between NTPC REL and the Selected Bidder(s) is enclosed at Annexure - 3.
The ESIA shall be signed within 3 months of the date of issue of Letter of Award. The
ESIA shall be for a period of 25 years from the Scheduled Commissioning Date of the
Project.

b. The Performance Bank Guarantee as per Clause 3.24 shall be submitted by the
developer prior to signing of signing of ESIA between NTPC REL and the developer,
NTPC REL will verify the shareholding of the Project Company along with a copy of
complete documentary evidence. If at this stage it is found that the documents furnished
by the developer are false / misleading or misrepresented in any way, then the
provisions contained in this RfS will be applicable.

c. Successful bidders will have to submit the required documents to NTPC REL within 15
days from the issuance of LoA or before signing of ESIA, whichever is earlier. In case
of delay in submission of documents beyond the 15 days as mentioned above, NTPC
REL shall not be liable for delay in verification of documents and subsequent delay in
signing of ESIA.

d. The developer will be free to replenish the storage capacity from time to time during the
ESIA duration at their cost and expense to meet the performance criteria. However,

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NTPC REL will be obligated to off-take capacity only within the performance range as
specified in the ESIA and at the charges applicable as per the existing agreements.

e. NTPC REL shall exercise the full rights on any surplus energy which is available
due to better Round Trip efficiency than the guaranteed Round-Trip Efficiency
beyond the guaranteed quantum of energy agreed to be supplied under the
Energy Storage Infrastructure Agreement from Scheduled Commissioning Date.

f. Any extension of the ESIA period beyond 25 years shall be through mutual Agreement
between the Developer and NTPC RE Ltd.

3.15 Performance criteria and applicable LD :

3.15.1 Round Trip AC-AC Efficiency: -

The ESSD shall also ensure the yearly round trip efficiency (yearly minimum AC-AC
roundtrip efficiency of 70% over the contracted year) as declared during Bid (Format
6.7A). Daily/Monthly/Yearly Efficiency of ESS system shall be calculated by ESSD
and suitably automatically logged in configured performance monitoring system of
ESS service. Incoming and outgoing energy at metering/delivery point at ISTS
interconnection shall be measured with ABT/TEM class meters. The efficiency shall
be measured as follows:

𝐺𝐺𝑜𝑜𝑜𝑜𝑜𝑜
𝜂𝜂𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚 (%) = � � x100
𝐺𝐺𝑖𝑖𝑖𝑖

Where Gin and Gout are the total cumulative incoming and outgoing energy measured
during each charge-discharge cycle or (%) is calculated each time measured
cumulative Gout reaches contracted MWh capacity. For example, once Gout reaches
600 MWh, then next efficiency measurement cycle begins (Gout reset to 0 MWh) and
end when cumulative Gout reaches 600 MWh for 100 MW (min)/600 MWh contracted
capacity.

Monthly Roundtrip Efficiency

Sum total of Actual Discharging MU j in a month (C)

𝜂𝜂meas_M(%)= X 100
Sum total of Actual Charging MU j in a month (D)

j refers to the jth month in a year;

C and D shall be as per the DSM/UI Reports published by the Regional RPCs or
measurement at the Main ABT Meter at the Point of Interconnection.

And Yearly Round Trip Efficiency 𝜂𝜂meas_Y(%) = Mean of 𝜂𝜂meas _M(%) measured
over period of 12 months in one year.

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3.16 MW and MWh Capacity of ESS service Demonstration: -

ESSD shall demonstrate the required MW & MWh Capacity of ESS service at the ISTS
metering/delivery point to the grid on monthly basis. It shall be the responsibility of the ESSD
to make periodic replacements/replenishments of system capacities (as per bidder quoted
capacity 600 /1200 /1800 /2400/3000 /3600 /4200 /4800/5400/ 6000 /6600 /7200 /7800 /8400
/9000 MWh), if and when required, up to the Term of the Contract to maintain required
dispatchable energy at metering/delivery point. Monthly/Yearly MW/MWH capacity of ESS
system should be suitably automatically logged in configured performance monitoring system
of ESS service.

3.17 ESS Annual Availability: -

ESSD shall maintain a minimum 95% availability on an annual basis. Availability of the Project
shall mean the ability of the ESSD to execute a function i.e., charging or discharging when
called upon to do so as per the schedule, subject to minimum system ratings specified herein.
The Annual Availability shall commence from the date of commissioning of the system and
shall be calculated as below:

ESS Annual Availability = Mean of the system availabilities of all time blocks during the
year in which NTPC REL has scheduled power for charging/discharging the ESS.

where,

𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼/𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷 𝑀𝑀𝑀𝑀𝑀𝑀(𝐴𝐴)

𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑖𝑖𝑖𝑖 𝑎𝑎 𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡 𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏 =
𝑆𝑆𝑆𝑆ℎ𝑒𝑒𝑒𝑒𝑒𝑒𝑒𝑒𝑒𝑒 𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼/𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷 𝑀𝑀𝑀𝑀𝑀𝑀(𝐵𝐵)

where

a. i refers to the ith time-block (15 minutes) in the year where MUi (B)≠ 0.
b. MUi(A)= Agreed Despatch Schedule between NTPC REL and ESSD which shall be finally
sent to SLDC/RLDC for Charging/Discharging in the ith time block, in MUs
c. MUi(B)= Despatch Schedule provided by NTPC REL to ESSD for Charging/Discharging in
the ith time block, in MUs.

3.18 LIQUIDATED DAMAGES:-

LD applicable due to shortfall of Yearly Round Trip Efficiency: -

In case measured efficiency of ESS 𝜂𝜂𝜂𝜂𝜂𝜂𝜂𝜂𝜂𝜂_𝑌𝑌 (%) is less than declared efficiency 𝜂𝜂𝜂𝜂𝜂𝜂𝜂𝜂𝜂𝜂_𝑌𝑌 (%)
in a particular year, bidder shall be liable to pay LD for loss in dispatchable energy on account
of fall in efficiency which shall be calculated as follows,
1 1
𝐿𝐿𝐿𝐿ή𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 (𝐼𝐼𝐼𝐼𝐼𝐼) = 1.5 ∗ (Quoted Price INR / MWH/year) ∗ Quoted MWH ∗ � − �∗
𝜂𝜂𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚_𝑌𝑌 𝜂𝜂𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 _𝑌𝑌
100
Quoted MWH shall be 600 /1200 /1800 /2400/3000 /3600 /4200 /4800/5400/ 6000 /6600
/7200 /7800 /8400 /9000MWH as per offered ESS Service contract by Bidder.

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LD applicable due to shortfall of ESS Annual Availability: -

Subsequent to date of start of ESS service, in case the ESS annual Availability
demonstrated by the Energy Storage service Provider (ESSP) is less than the 95% as
specified above, such shortfall in performance shall make the ESSP liable to pay the
liquidated damages to NTPC RE Ltd. Liquidated damages on account of shortfall in meeting
the performance criteria will be computed as follows:

Quoted Price
𝐿𝐿𝐿𝐿𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 (𝐼𝐼𝐼𝐼𝐼𝐼) = 1.5 ∗ � � ∗ (Quoted MWH) ∗ (A − B)/100
MWH−year

where,

A is Minimum allowed ESS Annual Functional Availability (95%).

B is Actual Annual System Availability, as calculated as per above.

The above equation applicable only if B is less than 95%.

LD applicable due to shortfall of ESS Capacity Demonstration: -

In case the ESSP fails to meet the monthly capacity demonstration, additional Liquidated
Damages for the unavailability of the deficit capacity shall be applicable for the entire month
i.e., considering B = 0 for the deficit capacity.

Quoted Price
𝐿𝐿𝐿𝐿𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 (𝐼𝐼𝐼𝐼𝐼𝐼) = 1.5 ∗ � � ∗ N ∗ (deficit MWH) ∗ (A)/100
MWH − month

where,

A is Minimum allowed ESS Annual Functional Availability (95%) per month.

N=no. of Month

3.19 Submission of Response to RfS by the Bidder

The bidder is requested to submit the following documents in originals to the under mentioned
address in a Sealed Envelope before end date and time of submission of Bid.
Dy. General Manager /Addl. General Manager
Contract Services,
4th Floor, NETRA, NTPC Ltd.,
E-3, Ecotech-II, Udyog Vihar, Greater Noida
Gautam Budh Nagar, Uttar Pradesh, India, Pin – 201306

The envelope shall bear (Energy storage solutions project), the RfS No. and the
words‘DO NOT OPEN BEFORE’ (due date & time).

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1. Processing Fee in the form of Demand Draft of requisite amount in favour of “NTPC
Renewable Energy Limited payable at Noida/New Delhi.
2. Earnest Money Deposit.
3. Duly signed Original Integrity Pact
4. Certified True Copy of Board Resolution from the Bidding Company or the Lead Member of
the Consortium, as the case may be, in favour of the person signing the response to
RfS
5. Certificate of Compliance as per Format 6.13a.
6. Certificate towards compliance of Fraud Prevention Policy as per Format 6.14
7. Pass-phrase of Technical and Financial Bids each sealed in separate envelopes.

The response to RfS shall be submitted electronically in the method specified as per Clause
3.19 on https://www.bharat-electronictender.com which should contain the following:
A. First Envelope (Technical Bid): - Bidders shall submit technical bid containing the scanned
copy of following documents in SEQUENCE as mentioned below with indexand page number
duly mentioned on each page and in index: -

1. Covering Letter as per Format 6.1;

2. In case of a Bidding Consortium, a Power of Attorney in favor of the Lead Member issued
by all the other Members of the Consortium shall be provided asper Format 6.2.

In the event any Member of the Bidding Consortium (other than Lead Member) being a
foreign entity, it may submit Board Resolutions in place of Power of Attorney for the
purpose of fulfilling the requirements under this Clause. Provided that such Board
Resolutions shall be supported by an unqualified opinion issuedby 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 issuingCompany and the authorizations granted
therein are true and valid.

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

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

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

5. Financial Requirements as per Format 6.6 as applicable;

6. Format for Technical Criteria as per Format 6.7;

7. A disclosure statement as per Format 6.8 regarding participation of any related companies
in this bidding process;

8. Declaration by the Bidding Company / Lead Member of Bidding Consortium for the
Proposed Technology Tie Up as per Format 6.9;

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

10. Memorandum & Articles of Association (highlighting relevant provision of Power /Energy /
Renewable Energy / Energy storage Plant development), Certificate of Incorporation (if
applicable) of Bidding Company / all member companies of Bidding Consortium along with
shareholders rights and obligations filed with ROC. In case of foreign bidders having
documents other than English language then allthese documents shall be translated in
English language by approved translator and shall be notarized by the Indian Consulate in
that country.

At the time of submission of bid if the Bidder does not have the aforesaid relevant provision
of Power / Energy / Renewable Energy / Energy storage Plant development in its existing
Memorandum & Articles of Association, the same may be incorporated later in the
Memorandum & Articles of Association of Project Company / Project Developer and submit
the same to NTPC REL within 15 days from the date of issuance of Letter of Award or before
signing of ESIA, whichever is earlier.

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

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

Bidders shall fill up the First Round Tariff Bid (in Rs/MWh/Year) online in theElectronic
Form-Financial Part at ETS Portal. Bidder shall also submit the Declaration regarding
Financial Bid as per Format 6.11. Further, the bidder is also required to furnish their efficiency
declaration as stipulated in Forms.

3.20 Wherever information has been sought in specified formats, the Bidders shall fill-in the details
as per the prescribed formats and shall refrain from referring to any other document for
providing any information required in the prescribed format. Anydocument submitted in format
other than that specified in this RfS document may callfor rejection of bid.

3.20.1 Modification of Bid

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

3.21 The Bidder should note that:

a. The bidder may be shortlisted based on the declarations made by them in relevantschedules
of RfS. The documents submitted online will be verified before signing of ESIA in terms of
Clause 3.12.
b. If the Bidder/Member in a Bidding Consortium conceals any material informationor makes
a wrong/misleading statement or misrepresents facts in its response to RfS, in any manner
whatsoever, NTPC REL reserves the right to reject such response to RfS and/or cancel the
Letter of Award, if issued and the Bank Guarantee provided up to that stage shall be
encashed. Bidder shall be solely responsible fordisqualification based on their declaration
in the response to RfS submitted onlinewith ETS portal.
c. If the event specified at 3.17 (b) above is discovered after the Effective Date of signing of
storage service agreement, it shall be treated as “Developers Event of Default” under
storage service agreement and consequencesas specified in ESIA shall apply.
d. All documents of the response to RfS submitted online must be digitally signed bythe person
authorized by their respective Boards on behalf of the Bidder as per Format 6.4.
e. The response to RfS shall be submitted as mentioned in Clause 3.15 above. Nochange or
supplemental information to a response to RfS will be accepted after the scheduled date
and time of submission of response to RfS. However, NTPC reserves the right to seek
additional information or clarifications from the Bidders, if found necessary, during the
course of evaluation of the response to RfS.
f. Bidders shall mention the name of the contact person and complete address of the Bidder
in the covering letter.
g. Response to RfS that are incomplete or do not substantially meet the requirements
prescribed in this RfS, will be liable to rejection by NTPC.
h. Response to RfS not submitted in the specified formats will be liable to rejection by NTPC.
i. Bidders delaying in submission of additional information or clarifications sought by NTPC

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will be liable to rejection.

j. Non submission and/or submission of incomplete data/ information required under the
provisions of RfS shall not be construed as waiver on the part of NTPC of theobligation of
the Bidder to furnish the said data/information unless the waiver is given in writing.
k. Only Delhi Courts shall have exclusive jurisdiction in all matters pertaining to RfS.
l. All the information should be submitted in English language only. In case of foreign bidders
having documents other than English language then all these documents shall be
translated in English language by approved translator and shall be notarized by the Indian
Consulate in that country.

3.22 Due Date

Bidders should submit the response to RfS online on https://www.bharat- electronictender.com

as per the schedule specified at Clause 3.4 above. No offline or late bids will be allowed.

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3.23 Method of Submission

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

3.24 Validity of the Response to RfS

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

3.25 Preparation cost

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

3.26 Enquiries/Clarifications
a. Pre-Bid Meeting

i. Clarifications/ Doubts, if any, on RfS document may be addressed to Dy General

Manager at the address mentioned below on or before the date as mentioned in
the Clause 3.4 above.

ii. NTPC will make all efforts to respond to the same in the Pre Bid Conference to be
held as per Clause 3.4 above on line on Microsoft Teams. A compiled list of such
questionnaire and NTPC’s response will be uploaded in the website
https://www.bharat-electronictender.com. Bidders are required to remain updated
with the website. No separate reply/intimation will be given elsewhere. Verbal
clarifications & information given by NTPC or their employees(s) or their
representative(s) shall not be in any way binding on NTPC.

iii. Enquiries/ clarifications may be sought by the Bidder in following format on email ID:
[email protected]:

Sl. Clause no. of RfS Provision of Query of

no. RfS bidder

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

3.26.1 Amendment to RfS Documents

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

3.26.2 Clarification on Bids

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

3.27 Right of NTPC REL to reject a Bid

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

3.28 Performance Bank Guarantee (PBG)/ Payment on Order Instrument (POI)

A. Performance Bank Guarantee (PBG) of Rs. 34.2 Lakh/MW for each project as
per Format 6.3 B, is to be submitted by the successful bidder to NTPC within 70
days from the date of issue of Letter of Award or before signing of ESSA,
whichever is earlier. The PBG should be initially valid for a period of 12 (twelve)
months beyond the Scheduled Commissioning Date. If any extension of
Scheduled Commissioning Date is granted to the project, the PBG shall also be
extended in such a way that it remains valid for 12 (twelve) months beyond the
extended Scheduled Commissioning Date. PBG shall be submitted for each
project separately.
B. The PBGs are required to be submitted in the name of the entity signing the
ESIA. In case of ESIA 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 ESIA.
C. 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. All
expenditure towards execution of Bank Guarantees such as stamp duty etc.
shall be borne by the developer.

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

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Bank Guarantees shall be required to be issued from the bank list indicated in
Annexure – 2 of RFS. Further, Bank Guarantee issued by foreign branch of a
Scheduled Commercial Bank is to be endorsed by the Indian branch of the same
bank or bank as indicated in Annexure-2 of RFS. 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 3.8
(C2) (d) of the RfS.

The Bank Guarantees have to be executed on non-judicial Stamp paper / e-

stamp paper of appropriate value, as per Stamp Act. The Bank Guarantees
have to be in the name of the Bidding Company / Lead Member of Bidding
Consortium.

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

Confirmation of BG towards PBG through Structured Financial Messaging System

(SFMS)/SWIFT

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

Bank Details:
Bank Name: Axis Bank
Branch: Axis Bank Ltd, B2-B-3 Sector 16, Noida,
Dist: Gautam Buddha Nagar, UP 201301.
Account No.: 921020013636047
IFSC Code: UTIB0000022

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

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
result in rejection of the EMD/ PBG and consequently, the bid. In case of deviations
in the formats of the Bank Guarantees, the corresponding PPA shall not be signed.

The selected Bidder for the Project selected based on this RfS is required to
sign ESIA within the timeline as stipulated in Clause 3.14 of the RfS. In case,
NTPC REL offers to execute the ESIA with the Selected Bidder and if the
Selected Bidder does not submit the requisite documents as per Clause 3.14
of the RfS, or does not execute the ESIA within the stipulated time period, then
the Bank Guarantee equivalent to the amount of the EMD shall be encashed

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by NTPC REL(i.e. EMD or PBG) as liquidated damages not amounting to

penalty, the selected Project shall stand cancelled and the selected Bidder
expressly waives off its rights and objections, if any, in that respect.

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

above, the ESSD also has an option to submit a letter of undertaking issued by either
of the following three organizations, viz. (i) Indian Renewable Development agency
Limited (IREDA) or (ii) Power Finance Corporation Limited or (iii) REC Limited. This
Letter of Undertaking shall be issued as “Payment on Order Instrument” (POI),
wherein the POI issuing organization undertakes to pay in all scenarios under which
the PBG would be liable to be encashed by NTPC REL within the provisions of
RfS/ESIA. This instrument would have to be furnished as per Format 6.3 C of the
RfS, within the timelines as per Clause 3.28 (A) above, for the amount and validity
period as per those Clause 3.28 (A) above. In case the ESSD chooses to submit
POI, delay in submission of the POI beyond the timeline stipulated at Clause 3.28
(A) above, will be applicable in this case too.

3.29 Bank Guarantee/Payment on Order Instrument (POI) against Earnest Money

Deposit (EMD)

3.29.1 Earnest Money Deposit (EMD) of Rs. 12 Lakh/MW in the form of Bank Guarantee (valid
for a period of 120 days beyond the Bid Validity period mentioned at clause 3.24 of RfS
i.e. 300 days from technical bid opening date) as per Format 6.3A. Scanned copy of Bank
Guarantee towards EMD is to be submitted along with response to RfS in First Envelope
(Technical Bid). However, the Bank Guarantee towards EMD (in original) in a sealed
envelope is to be submitted in NTPC Office at GREATER NOIDA on or before bid
submission date and time. If a bidder extends the period of bid validity pursuant to clause
3.24 of RfS, the validity of EMD shall also be extended so that it remains valid for a period
of 120 days beyond the Bid Validity.

3.29.2 The Bidder shall furnish the Bank Guarantees towards EMD from any of the Scheduled
Commercial Banks as listed on the website of Reserve Bank of India (RBI) and amended
as on the date of issuance of bank guarantee. Bank Guarantee issued by foreign branch
of a Scheduled Commercial Bank is to be endorsed by the Indian branch of the same bank
or State Bank of India (SBI).

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

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

the Bidder also has an option to submit a letter of undertaking issued by either of the
following three organizations, viz. (i) Indian Renewable Development agency Limited

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(IREDA) or (ii) Power Finance Corporation Limited or (iii) REC Limited. This Letter of
Undertaking shall be issued as “Payment on Order Instrument” (POI), wherein the POI
issuing organization undertakes to pay in all scenarios under which the EMD would be
liable to be encashed by NTPC REL within the provisions of RfS/PPA. This instrument
would have to be furnished as per Format 7.3 D of the RfS, within the timelines as per
Clause 17.1 above, for the amount and validity period as per those Clause 17.1 above.

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

3.29.4 Forfeiture of EMD:

The EMD shall be forfeited in following cases:

a) If the bidder / his representatives commit any fraud while competing for this
contract pursuant to “Fraud Prevention Policy” of NTPC mentioned at its
website;
b) If the bidder withdraws or varies the bid during the validity of the bid;
c) In case, NTPC offers to execute the ESIA with the Selected Bidder and if the
Selected Bidder does not submit the requisite documents as per Clause
3.12.4.4 or does not execute the ESIA, within the stipulated time period.
d) If the bidder refuses to withdraw, without any cost to NTPC, any deviation,
variation, additional condition or any other mention anywhere in the bid,
contrary to the provisions of the RfS Document;
e) If the bidder fails to furnish required Performance Bank Guarantee in
accordance with Clause 3.28; and
f) In case the bidder is disqualified from the bidding process in terms of Section
3 & 4 of Integrity Pact.
g) if the lowest evaluated L-1 bidder does not accept the offered capacity in
terms of clause 3.12.4.4 and 3.13

3.29.5 In case the successful bidder has submitted the Performance Bank Guarantee
and NTPC REL has returned the Bank Guarantee towards EMD prior to the
signing of ESIA pursuant to clause 3.28 and any of the condition of forfeiture of
EMD as specified at 3.29.4 (a to g) occurs then the Bank Guarantee equivalent
to the amount of the EMD shall be encashed by NTPC REL from the Performance
Bank Guarantee towards forfeiture of EMD.

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

3.30.1 The Bidder shall provide complete information in their bid in reference to this RfS
about its promoters and upon issuance of LoA, the Developer shall indicate its
shareholding in the company indicating the controlling shareholding before signing
of ESIA with NTPC REL.
3.30.2 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

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the execution of the ESIA. 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:

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 BSPA), 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.
3.30.3 In case of Project being executed through SPVs: The Selected Bidder executing
the project, if being a single company, shall ensure that its shareholding in the SPV/
Project Company executing the BSPA, shall not fall below 51% at any time prior to
COD of the Project. In the event the selected Bidder is a consortium, then the
combined shareholding of the consortium members in the SPV/ Project Company
executing the BSPA, 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.
3.30.4 In case of the selected Bidder itself executing the ESIA, it shall ensure that its
promotors shall not cede control (Control shall mean the ownership, directly or
indirectly, of more than 50% of the voting shares of such Company or right to
appoint majority Directors), until COD. However, in case the Project is being set up
by a listed Company, this condition will not be applicable.
3.30.5 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.
3.30.6 Any change in the shareholding after COD can be undertaken under intimation to
NTPC REL. Transfer of controlling shareholding of the company developing the
project within the same group of companies will however, be allowed after Project
commissioning with the permission of NTPC REL, subject to the condition that, the
management control remains within the same group of companies.
3.30.7 In the event of Change in Shareholding/ Substitution of Promoters triggered by the
Financial Institutions leading to signing of fresh ESIA 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 Developer to NTPC REL.

3.31 Financial Closure or Project Financing Arrangements and Land Arrangements:

(i) The Project Developer shall report Project Financing Arrangements for the projects
with 12 (twelve) months from the Effective date of ESIA.

(ii) At the stage of financial closure, developer shall furnish the CA Certificate indicating
the total cost of Project(s). Developers shall also report 100% tie-up of Financing
Arrangements for the Projects. In this regard, the developer shall submit a

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certificate/necessary document from all financing agencies regarding the tie-up of

100% of the funds indicated for the Project, including arrangements of funds in the
form of Equity.
(iii) Checklist of documents to be submitted at this stage is provided at Annexure-6 of the
RfS.
(iv) In case of delay in achieving above condition as may be applicable, NTPC shall
encash Performance Bank Guarantees/ Payment on Order Instrument 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 developer, or caused
due to Force Majeure as per ESSA. An extension can however be considered, on
the sole request of project developer, on payment of a penalty of Rs.1,000/- per day
per MW. This extension will not have any impact on the scheduled Commissioning
Date of the project. The penalty paid by the project developer shall be returned
without any interest on achievement of successful commissioning up to the rated
project capacity within the Scheduled Commissioning Date. However, if the entire
capacity of the project is not commissioned within the Scheduled Commissioning
Date, then penalty amount shall not be refunded.
(v) The developer will have to submit the required documents to NTPC at least 14 days
prior to the scheduled Financial Closure date. In case of delay in submission of
documentsmentioned above, NTPC shall not be liable for delay in verification of
documents andsubsequent delay in Financial Closure.
(vi) Land/project Arrangements:
The developer shall submit documents/Lease Agreement to establish
possession/right to use 100% (hundred per cent) of the required land in the name of
the project company for a periodnot less than the complete term of the ESSA, on or
before the Scheduled Commissioning Date (SCD). Wherever leasing of private land
is involved, the lease should allow transfer of land lease rights to the lenders or
Buying Utility, in case of default of the Developer. The Developer shall submit a
sworn affidavit from its authorized signatory, listing the details of the land and
certifying that total land required for the Project is under clear possession of the
Developer.
In case of delay in achieving the above condition as may be applicable, provisions of
above shall apply, unless the delay is on account of delay in transmission line or
Force Majeure as per ESSA.
Commissioning of the Project will not be allowed until the demonstration of
land/project possession/ownership by the developer in terms of the above and
Clause 3.32. (a) below.

3.32 Commissioning:

a. Part Commissioning: Not applicable

b. Commissioning Schedule and Penalty for Delay in Commissioning:

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(i) The Schedule Commissioning Date (SCD) for commissioning of the project capacity upto 500
MW/3000 MWhr shall be 24 (Twenty-Four) months from the effective date of ESIA. However,
in case any developer offers its project capacity more than 500 MW, then first 500MW storage
capacity service shall be commissioned by 24 months from ESIA and remaining Storage
capacity service to be completed by 30 months from ESIA.

(ii) The maximum time period allowed for commissioning of the full Project Capacity with
applicable liquidated damages, shall be limited to the date as on 6 months from the SCD or
the extended SCD (if applicable)

(iii) In case of delay in commissioning of the Project beyond the SCD until the date as per
Clause 3.32.(b). (ii) above, as part of the liquidated damages, the total PBG/POI amount
for the Project shall be encashed on per-day-basis and proportionate to the balance
capacity not commissioned. For example, in case of a Project of 100 MW capacity, if
commissioning of 50 MW capacity is delayed by 18 days beyond the SCD, then the
liquidated damages shall be: PBG amount X (50/100) X (18/180). For the purpose of
calculations of the liquidated damages, ‘month’ shall be considered consisting of 30
days.

(iv) In case the Commissioning of the Project is delayed beyond the date as per Clause
3.32.(b).(iii) above, the SSA capacity shall stand reduced/ amended to the Project. Capacity
commissioned and the ESIA for the balance capacity will stand terminated and shall be
reduced from the selected Project Capacity.

c. Delay in Commissioning on Account of Delay in LTA Operationalization:

Long Term Access (LTA) shall be obtained by the developer and will be required to be
submitted prior to commissioning of the Project. Subsequent to grant of connectivity, in case
there is a delay in grant/ operationalization of LTA by the CTU/STU and/or there is a delay in
readiness of the PSS (Pooling substation) in the substation at the Delivery Point, including
readiness of the power evacuation and transmission infrastructure of the ISTS network until
SCD of the Project, and it is established that:

(i) The developer has complied with the complete application formalities and adhered to the
applicable Procedure in this regard as notified by the CERC/CTU, and

(ii) The delay in grant of connectivity/LTA by the CTU and/or delay in readiness of the ISTS
substation at the Delivery Point, including readiness of the power evacuation and transmission
infrastructure of the ISTS network, is a factor attributable to the CTU/transmission licensee
and is beyond the control of the developer;

The above shall be treated as delays beyond the control of the developer and SCD for such
Projects shall be revised as the date as on 30 days subsequent to the readiness of the Pooling
point at PSS and/or Delivery Point at GSS and power evacuation infrastructure and/or
operationalization of LTA. Decision on requisite extension on account of the above factor shall
be taken by NTPC REL.

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In case of delay in commissioning of Project due to reasons beyond the reasonable control
of the developer, NTPC REL may extend the SCD after examining the issue on a case- to-
case basis.

3.33 Commercial Operation Date (CoD)

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

3.34 In case of delay not attributable to developer, after proper verification NTPC REL
shall extend the schedule commissioning date, without any financial implications on
the Project Developer, by equivalent period of delay from the given timelines in
this RfS.
3.35 Corrupt or Fraudulent Practices:
NTPC REL requires that Bidders, Developers, etc. observe the highest standard of
ethics during the development and operation of Energy storage Project(s). In
pursuance of this policy, NTPC REL:

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

(ii) "Corrupt practice" means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the bidding process or in the
development and operation of Energy storage Project(s); and

(iii) "Fraudulent practice" means a misrepresentation of facts in order to influence

the bidding process or in the development and operation of energy storage
Project(s) to thedetriment of NTPC REL, and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid prices at artificial
noncompetitive levels andto deprive NTPC REL of the benefits of free and open
competition;

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

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

3.36 Fraud Prevention Policy:

The Bidder along with its Affiliate/Group Company/associate/collaborators/sub-
contractors/sub-vendors/ consultants/service providers shall strictly adhere to the
Fraud Prevention Policy of NTPC REL displayed on its tender website
http://www.ntpctender.com and shall immediately apprise NTPC REL about any
fraud or suspected fraud as soon as it comes to their notice. A certificate to this

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effect shall be furnished by the bidder along with his bid as per Format 6.14
enclosed with the RfS document. If in terms of above policy, it is established that
the bidder/his representatives have committed any fraud while competing for this
tender then the bid security of the bidder shall be forfeited.

3.37 Contacting NTPC REL

a. Except for when NTPC REL has sought some clarification or additional information
in writing from the bidder, no Bidder or his representative shall contact NTPC REL
on any matter relating to its bid, from the time of the opening of bids to the time the
LOA is issued./SSA is signed

b. Any effort by a Bidder to influence NTPC REL decision during the evaluation process
before LOA is issued to successful bidder(s) may result in rejection of the Bidder’s
bid.

3.38 Integrity Pact

Bidders are required to unconditionally accept the “Integrity Pact (IP)” (executed on
plain paper) as per Format 6.12 to the RfS Documents which has been pre-signed
by NTPC REL and submit the same duly signed on all pages by the bidder’s
authorized signatory along with the bid. In case of bidder being a Consortium, the
signing of Integrity Pact (IP) by all Consortium members is mandatory.

The Integrity Pact (IP) is to be submitted in hard copy along with other documents
tobe submitted offline as per Clause 3.12.4.1. Bidder’s failure to comply with the
aforesaid requirement regarding submission of ‘Integrity Pact (IP)’ shall lead to
outright rejection of the bid and in such case the bid shall not be opened. It may also
be noted that subsequent to Employer’s evaluation of Bids, resulting into
award of Contract to a particular Bidder, the Integrity Pact so submitted shall
form an integral part of the Contract.

Independent External Monitors (IEM)s:

In respect of this tender, the Independent External Monitors (IEM)s would be

monitoring the bidding process and the development and operation of Energy
storage Project(s) to oversee implementation and effectiveness of the Integrity Pact
Program.

The names of Independent External Monitor(s) (IEMs) who have been appointed by
EMPLOYER, in terms of Integrity Pact (IP) which forms parts of the EMPLOYER
Tenders/Contracts are provided at NTPC REL website http://www.ntpctender.com
under the tab ‘Integrity Pact’)

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

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“The IEMs' Secretariat,

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

The Independent External Monitors (IEMs) has the right to access without restriction
to all Project documentations of NTPC REL including that provided by the Contractor.
TheContractor will also grant the Monitor, upon his request and demonstration of a
validinterest, unrestricted and unconditional access to his Project Documentations.
The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder / Contractor / Sub-
Contractors / JVpartners/Consortium member with confidentiality.

CGM (RE) or his authorized representative shall be the Nodal Officer for necessary
coordination in this regard.

3.39 If the party, who has downloaded the RfS document, intends to transfer the
documents to the proposed consortium who intends to submit its proposal in place of
the original recipient, it is permissible provided such party shall be one of the
members of proposed consortium. In such event, the proposed consortium shall
become the new recipient of the document and all terms and conditions of the
document shall apply to the proposed consortium as if the documents were originally
downloaded by them. Then lead member of that consortium can quote on behalf of
consortium through the member of that consortium who has downloaded the RfS
document, provided the person who is submitting the bid on ETS portal has been
given the authorization to submit the bid against the tender as per Format 6.4.

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

3.41 Ineligibility for Participation in Retenders

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

3.42 Energy Storage Life Cycle Performance Bank Guarantee

The successful Bidder, to whom the package is awarded, shall provide Energy
Storage Life Cycle Performance Bank Guarantee (ESLCBG) for an initial amount
equivalent to INR 26.01 Lakh per MW against its contracted capacity from a Bank

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listed at Annexure-2 to RFS, in the form as provided in ESIA in favor of the NTPC
REL.

The above security shall be submitted prior to the commissioning of the contracted
capacity and shall be valid up to (90) days after the end of ESS Service Life period
i.e. twenty five (25) years. The above security amount shall be payable to the
Employer without any condition whatsoever.

Performance Bank Guarantee/ POI shall be released only after submission of

the above by ESSD.

The ESSD shall furnish the above security initially valid for 5 years. The ESSD is
required to extend the above security every five year until the ninety days after the
end of the ESS Service Life as envisaged in the RFS Documents. In the event of
the Early Termination, Non-performance of the Energy Storage Solution, the Buyer
shall be entitled to encash the ESLCBG in accordance with the provisions of ESIA
and RFS. Further, in case of failure of the bidder to submit the extension of the bank
security as per guidelines, the bank security shall be invoked by the Employer
without any further intimation.

The above securities will be returned to the contractor without any interest at the
end of ESS Service Life period.

Energy Storage Life Cycle Performance Bank Guarantee shall be reduced on

pro-rata basis in following manner:

1st Year
2nd Year
3rd Year 26.01 Lakh/MW
4th Year
5th Year
6th Year 24.71 Lakh/MW
7th Year 23.47 Lakh/MW
8th Year 22.30 Lakh/MW
9th Year 21.18 Lakh/MW
10th Year 20.12 Lakh/MW
11th Year 19.12 Lakh/MW
12th Year 18.16 Lakh/MW
13th Year 17.25 Lakh/MW
14th Year 16.39 Lakh/MW
15th Year 15.57 Lakh/MW
16th Year 14.79 Lakh/MW
17th Year 14.05 Lakh/MW
18th Year 13.35 Lakh/MW
19th Year 12.68 Lakh/MW
20th Year 12.05 Lakh/MW

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21st Year 11.45 Lakh/MW

22nd Year 10.87 Lakh/MW
23rd Year 10.33 Lakh/MW
24th Year 9.81 Lakh/MW
25th Year 8.32 Lakh/MW

* The above figures are in INR Lakhs per MW basis. The ESSD shall be required to furnish the
above values in line with the contracted capacities.

3.43 Provisions for Taxes and Duties & GST

NTPC REL shall pay/reimburse to the ESSD any Goods and Services Tax (GST)
applicable on the applicable “Annual Infrastructure Usage Charges” of Energy Storage
Solution. The ESSD shall be required to borne the obligation of GST as a part of their
quoted bid prices for “Annual Infrastructure Charge”.

Further, all other taxes, duties & levies GST as may be applicable on the Annual
Infrastructure Usage Charge shall be to the ESSD's account and no separate claim in this
regard will be entertained by the NTPC REL.

Notwithstanding anything to contrary contained in the RFP and ESIA, the ESSD’s right to
payment under the Contract is subject to issuance of valid tax invoice, payment of
applicable GST to the credit of appropriate Government and submission of valid particulars
of tax invoice under GST returns in accordance with GST Law.

The ESSD shall issue tax invoices, file appropriate returns, and deposit the applicable GST
to the account of appropriate government within the time limit prescribed under the GST
Law. In the event of any default, ESSD shall be liable to pay any penalty/demand raised
on NTPC REL due to default by ESSD, and the same shall be recovered/ESSD shall make
good the loss. The ESSD shall be responsible for the issuance of all compliances relating
as per GST law.

The NTPC REL will deduct GST at source at the applicable rates in case transactions under
the contract are liable to GST deduction at source as per the prevailing provisions of GST
Law.

If any tax exemptions, reductions, allowances or privileges are available to the Contractor
in the country where the Site is located, the Employer shall use its best endeavours to
enable the ESSD to benefit from any such tax savings to the maximum allowable extent.

3.44 DISPATCHING AND SCHEDULING

a. NTPC REL/ESSD shall be responsible for all scheduling and dispatch activities as per
the applicable regulations / requirements / guidelines of CERC / SERC /SLDC / RLDC
or any other competent agency and same being recognized by the SLDC/RLDC or any
other competent authority / agency as per applicable regulation/ law / direction and
maintain compliance to the applicable Codes/ Grid Code requirements and directions, if
any, as specified by concerned SLDC/RLDC from time to time

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b. Before providing charging and discharging schedule to the Competent Authority, NTPC
REL/ESSD shall take necessary consent from ESSD/NTPC REL for their availability and
readiness on day ahead basis or for any intraday revisions thereof. However, any DSM
and/or any resultant Liability on account of deviation by ESSD from the agreed schedule
shall be paid by ESSD to NTPC REL/SLDC/RLDC after issuance of DSM Accounts by
the respective Load Dispatch Centres in the prescribed timelines.

c. ESSD shall comply to dispatch and schedule in conformity with the Central Electricity
Regulatory Commission (Grant of Connectivity, Long Term Access and Medium-Term
Open Access in the Inter State Transmission and related matters) Regulations, 2009,
including amendments thereto that may be carried on from time to time and any other
regulations that may be applicable to this Agreement from time to time.

d. The agreed schedule between NTPC REL and ESSD shall be considered for the
purpose of scheduling to SLDC/RLDC is to be read in conjunction with calculation of
availability mentioned elsewhere in RfS.

3.45 Non-Disclosure Agreement

3.45.1 Bidders are required to unconditionally accept the “Non-Disclosure Agreement” as per
Format 6.15 to the Bidding Documents through Attributes on the e-tender Portal. For the
purpose of NDA, the Name, Address and Contact Details of the Bidder shall be the Name,
Address and Contact Details mentioned in its bid/Contract.

On Bidder’s acceptance to provisions of Non-Disclosure Agreement on the e-tender Portal,

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

Bidder’s failure to comply with the aforesaid requirement regarding acceptance of

provisions of ‘Non-Disclosure Agreement’ shall lead to outright rejection of the bid.

It may also be noted that subsequent to Employer’s evaluation of Bids, resulting into award
of Contract to a particular Bidder, the Non-Disclosure Agreement shall form an integral part
of the Contract.

3.45.2 The developer shall be required to sign a Non-Disclosure Agreement with the Employer
thereby keeping the complete process of “evaluation” [As defined under the Agreement]
confidential in nature. Further, the contractor shall not disclose any data and/or parameters
and/or details and/or information to any entities without any prior permission of the
Employer. In case it is found that confidential information is being disclosed to any third-
party entity without any consent of the Employer, the Employer shall be liable to initiate
action under the provisions of GCC Clause titled “Termination” and/or any other action as
per the provision of the contract.

3.45.3. “The following attribute shall be required to be mandatorily accepted by the bidder at e-
tendering portal, failing which the bid shall be rejected:

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“Do you Commit to all the provisions of the Non-Disclosure Agreement?”

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

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

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Section 4

EVALUATION CRITERIA

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Section 4

4.0 EVALUATION CRITERIA

The evaluation process comprises of the following three steps:

A. Step I – Responsiveness check
B. Step II – Bid evaluation
C. Step III - Reverse Auction

4.1 Step I - Responsiveness check

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

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

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

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

4.2 Step II - Bid evaluation

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

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

BID EVALUATION CRITERIA: -

1.1. Bidder shall quote the following;

A. Total Bid price per MWHR per Year (including all taxes, duties) = Q

B. Bidding Capacity in MWH (MWH) (may be 600

/1200/1800/2400/3000/3600/4200/4800/5400/6000/6600/7200/7800/8400/90
00 MWh) as per Format 6.7A.

C. Year wise Round Trip Efficiency (AC-AC) (RtE) (minimum value of RtE shall
be 70%) with respect to ISTS connection/metering point for period of 25 years
as per Format-6.7A of Bid document (Bidder to consider annual degradation
as a component of declared efficiency on YOY basis). Evaluated Bid Price
(EP) shall be calculated by Employer as under:

Evaluated Bid Price (EP) [i.e. Annual levelized Cost (INR) per MWH per year]
𝐸𝐸
= Q +
(𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴)

Where,

ALCF (Annual Levelized Cost Factor) = 11.147

MLn = NPV Multiplying Factor corresponding to nth year derived from discount
factor (7.5%)

E = NPV of year-wise cost on account of recurring energy loss due to Energy

Storage System round trip AC-AC energy conversion efficiency measured at
metering point as per clause 3.12 (C) [Format 6.7B may be refered by the
ESSD for detailed calculation methodology of “E” in INR/MWh]

Note:-

iv. Energy storage availability shall be taken 95 % as the minimum availability

to be ensured for a year.
v. Minimum MW capacity of Storage Service quoted by Bidder shall be
100/200/300/400/500/600 /700/800/900/ 1000/1100/1200/1300/1400/1500
MW for 600/1200/1800/2400/3000/3600/4200/4800/5400/6000/ 6600
/7200/7800/8400/9000 MWH respectively.
vi. All tax liability shall remain with the bidder.

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4.3 Step III – Reverse Auction

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

At the end of selection process, a Letter of Award (LOA) will be issued

to all theselected Bidders.

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Section 5

OTHER PROVISIONS

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Section 5

5.0 OTHER PROVISIONS

5.1 Role of State Nodal Agencies

It is envisaged that the State Government shall appoint any Agency as a State Level
Agency which will provide necessary support to facilitate the required approvals and
sanctions in a time bound manner so as to achieve commissioning of the Projects
within the scheduled Timeline. This may include facilitation in the following areas:

(i) Coordination among various State and Central agencies for speedy
implementation of projects; and
(ii) Support during commissioning of projects and issue of Commissioning
Certificates.

5.2 Role of State/Centre Transmission Utility

It is envisaged that the State/Centre Transmission Utility will provide transmission
system to facilitate the evacuation of power from the Projects which may include
the following:
(i) Provide connectivity to the grid;
(ii) Support during commissioning of projects; and
(iii) Coordination among various State and Central agencies for evacuation of
power.

5.3 Role Of ESS Developer (Developer)

The developer shall undertake the following activities to achieve the objectives
of speedy establishment and implementation of ESS facility at any location of India :
(i) Develop, plan, execute, implement, finance, operate and maintain the ESS
facility
(ii) Identify potential site and to acquire/possess land for ESS project and ensure
connectivity to ISTS
(iii) Not used
(iv) Obtain statutory & non statutory approvals/ clearances/ No objection certificates
and to make area development plan as required for the project;
(v) Frame out transparent plot allotment policy and specify procedures pursuant to
the relevant State policies and their amendments thereof;

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ESS developer shall submit the Right to Use/ Lease agreement and obtain
possession of encumbrance and encroachment free land used for the project
within 09 (Nine) months from the Date of the LOA to NTPC REL
(vi) Get approval for Connectivity with the CTU;
(vii) ESSD shall submit to NTPC REL the project equipment details/design
parameters and basic engineering drawings like Layout, key SLD. Also the Grid
compliance report with associated licensed software and project related
software files/data as per CEA Connectivity technical standard with details as
submitted to CTU/RLDC.

While it will be the endeavor of the State Agencies /Central Agencies as described
above to facilitate support in their respective area of working but nevertheless,
developers shall be overall responsible to complete all the activities related to Project
Development at its own risk and cost.

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