co

16.

Request for Selection (RfS)

towards setting up of decentralized aggregated
capacity of 380 MW/ 760 MWh Standalone
Battery Energy Storage Systems with complete
two cycles charging/discharging per day in
Chhattisgarh under Tariff-Based Competitive
Bidding followed by BESPA for 12 years

No./02-02/ED(RA&PM)/BESS/Ph-1/2025-26/ 2243
Dtd: 01.09.2025
RFX No. 8100046007

ISSUED BY

O/o Executive Director (Regulatory Affairs & Power Management),

Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Sewa Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441 E-mail: [email protected]
Website: www.cspdcl.co.in

1
 DISCLAIMER

1. Though adequate care has been taken while preparing the RfS document, the bidder(s)
shall satisfy themselves that the document is complete in all respect. Intimation regarding
any discrepancy shall be given by the prospective bidders to the ED (RA&PM) office of
Chhattisgarh State Power Distribution Company Limited (CSPDCL) immediately. If no
intimation is received from any bidder within 20 (Twenty) days from the date of
issuance of RfS documents, it shall be considered that the document is complete in all
respect and has been received/ acknowledged by the bidder(s).

2. CSPDCL reserves the right to modify, amend or supplement this document.

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

4. This RfS is not an agreement and is neither an offer nor invitation to the prospective
bidders or any other person. The purpose of this RfS is to set the terms for the selection
process and to provide Bidders with information that may be useful to them in preparation
and submission of their Bids.

5. The bidder shall bear all its costs associated with or relating to the preparation and
submission of its bid, including but not limited to preparation, copying, postage, delivery
fees or any other costs incurred in connection with or relating to its bid. All such costs
and expenses will remain with the bidder and the authority shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by a
bidder in preparation of submission of the bid, regardless of the conduct or the outcome
of the bidding process.

6. In case of any discrepancy in the documents uploaded on the websites of CSPDCL, the
documents uploaded on the CSPDCL website will prevail

Place: Raipur Date: 30.09.2025

2
 BID INFORMATION SHEET
The brief details of the RfS are as under:
1. Selection of Battery Energy Storage System
NAME OF WORK/ Developers for Setting up of 760 MWh (380 MW x 2
BRIEF SCOPE OF hrs) Battery Energy Storage Systems in Chhattisgarh
(A)
WORK/ JOB for “on Demand” usage under Tariff-based Competitive
Bidding
2. The Projects will be setup under “Build Own Operate”
model.
No./02-02/ED(RA&PM)/BESS/2025-26/2243
(B) RfS NO.& DATE Dtd: 01.09.2025
TYPE OF BIDDING Single Stage Bidding with Two Envelopes
(C) SYSTEM
TYPEOF RfS/ E– Tender
(D)
TENDER
COMPLETION/ As mentioned in RfS Document
(E) CONTRACT
PERIOD
DOCUMENT FEE/ Amount of INR 29,500/- (Indian Rupees Twenty-Nine
COST OF RfS Thousand Five Hundred Only) including GST shall be
(F) DOCUMENT (NON-
submitted through NEFT/RTGS transfer in the account of
REFUNDABLE) CSPDCL.
EARNEST MONEY Amount of INR 2,20,000/- (Indian Rupees Two Lakh
(G) DEPOSIT (EMD) Twenty Thousand only) per MW shall be submitted in the
form of Bank Guarantee/DD/NEFT/RTGS
Bidders selected by CSPDCL based on this RfS shall
submit Performance Bank Guarantee (PBG) for a value @
PERFORMANCE
INR 11,00,000/MW (Rupees Eleven Lakhs only/ MW),
(H) BANK GUARANTEE prior to signing of BESPA as per terms of RfS.

PRE-BIDMEETING Shall be Intimated Separately through Notice.

(I)

OFFLINE & 30.09.2025 upto 04.00 PM

ONLINEBID-
(J) SUBMISSION
DEADLINE
TECHNO-
(L) COMCSERCIAL BID 01.10.2025 AT 11.00 AM
OPENING

Date and time of e- Will be in formed to eligible bidders.

(M)
Reverse Auction
(e- RA)

3
 Executive Director (RA&PM), Chhattisgarh State Power
Name, Distribution Company Ltd. (CSPDCL) 4th Floor, Seva
Designation, Bhawan, Danganiya, Raipur - 492001 (C.G.) Phone (No.):
(O) Address and other 0771-2574441 E-mail: [email protected]
details Website: www.cspdcl.co.in
(For Submission of
Response to RfS)
1) Mr. Bimbisar
(P) Details of persons to Superintending Engineer(RTSP),
be contacted in case of MobileNo.9826136687
any assistance
Required

(q) Bank Account, GST Name of Bank Punjab National Bank

and PAN details of Branch Name Jaistambh Chowk Branch
CSPDCL Raipur (C.G.)
Account No. 0399002100077705
Name of Account Manager (CAU), CSPDCL
Holder by Designation
IFSC Code PUNB0039900
Type of Account Current Accounts

Important Note: Prospective Bidders are requested to remain updated for any
notices/amendments/clarifications etc. to the RfS document through the websites
htttps://www.cspdcl.co.inandNoseparatenotificationswillbe issued for such
notices/amendments/clarification setc. in the print media or individually.

4
1. Bids must be submitted strictly in accordance with Section-2 and 3 of the RfS,
depending upon Type of Tender as mentioned at Clause no. (D) of Bid Information
Sheet.

2. Bidders are required to quote strictly as per terms and conditions of the RfS
documents and not to stipulate any deviations/ exceptions.

3. Any bidder, who meets the Qualifying Requirement and wishes to quote against this
RfS, may download the complete RfS document along with its amendment(s) and
clarifications if any, from CSPDCL website (www.cspdcl.co.in) and submit their Bid
complete in all respect as per terms & conditions of RfS Document on or before the
due date of bid submission.

4. Clarification(s)/ Corrigendum(s) if any shall also be available on the above referred

websites.

Bidders are requested to remain updated for any notices/amendments/clarifications etc. to the
RfS document through the websites www.cspdcl.co.in No separate notifications will be
issued for such notices/ amendments/ clarifications etc. in the print media or individually.
Intimation regarding notification on the above shall be updated on www.cspdcl.co.in

5
 SECTION-1
INTRODUCTION & INVITATION FOR BIDS
1 Background &Introduction

1.1 Under this RfS, it is required to set up a Battery Energy Storage System (BESS), with
the primary objective of making the energy storage facility available to CSPDCL for
charging/discharging of the BESS, on an “on demand” basis. CSPDCL seeks to utilize
energy storage systems, on a “On-Demand” basis, suited to the requirements of the
State DISCOMs during the peak and off-peak hours.

1.2 In view of the above, CSPDCL hereby wishes to invite proposals for setting up of Pilot
Projects of Standalone Battery Energy Storage Systems (BESS) connected with the
State Grid, for an aggregate storage capacity of 760 MWh (380 MW x 2 hrs) with
complete 2 cycles charging/discharging operation of BESS.

1.3 CSPDCL shall enter into a Battery Energy Storage Purchase Agreement (BESPA) with
the successful Bidders selected based on this RfS, for providing Energy Storage
facility CSPDCL as per the terms, conditions and provisions of the RfS and BESPA.
Battery Energy Storage System Developers (hereinafter referred to as BESSDs)
selected by CSPDCL based on this RfS, shall set up the BESS on Build Own Operate
(BOO) basis in accordance with the provisions of this RfS document available for
download from the CSPDCL’s portal https://www.cspdcl.co.in.

1.4 The Bidders will be free to avail fiscal incentives like Accelerated Depreciation,
Concessional Customs and Excise Duties, Tax Holidays etc. available if any for such
Projects. The same will not have any bearing on comparison of bids for selection. As
equal opportunity is being provided to all Bidders at the time of tendering itself, it is up
to the Bidders to avail various tax and other benefits. No claim shall arise on CSPDCL
for any liability if Bidders are not able to avail fiscal incentives and this will not have
any bearing on the applicable tariff. CSPDCL does not however, give a representation
on the availability of fiscal incentive and submission of bid by the Bidder shall be
independent.

1.5 Guidelines for Implementation of the RfS:

This RfS document has been prepared based on the Guidelines for “Procurement and
Utilization of Battery Energy Storage Systems as part of Generation, Transmission and
Distribution assets, along with Ancillary Services”, issued by Ministry of Power vide
Gazette Notification dated 10.03.2022 and subsequent amendments and clarifications
issued thereto until the bid submission deadline for this RfS issued and this RfS in the
capacity of “Procurer” as defined in the aforementioned Guidelines.

6
 2 Invitation for Bids

2.1 A Single Stage, Two-Envelope Competitive Bidding Procedure will be adopted and
will proceed as detailed in this document. The respective rights of CSPDCL and the
Bidder/BESSD shall be governed by the RfS Documents/Agreements signed between
CSPDCL and the BESSD.
2.2 Interested bidders have to necessarily register themselves on the portal
https://www.cspdcl.co.in (“CSPDCL portal”) to participate in the bidding under this
invitation for bids. It shall be the sole responsibility of the interested bidders to get
themselves registered at the aforesaid portal to complete the registration formalities.
Contact details of ISN-ETS is mentioned on the Bid Information Sheet. All required
documents and formalities for registering on CSPDCL portal are mentioned in the
subsequent RfS documents.
They may obtain further information regarding this RfS from the ED (RA&PM) office
of CSPDCL at the address given on the Bid Information Sheet on all working days &
time by taking prior appointment.
For proper uploading of the bids on the CSPDCL portal, it shall be the sole
responsibility of the bidders to apprise themselves adequately regarding all the relevant
procedures and provisions as detailed in the portal. CSPDCL in no case shall be
responsible for any issues related to timely or properly uploading/ submission of the
bid in accordance with the relevant provisions of the Bidding Documents.
Bidders should submit their bid proposal complete in all aspect on or before last date
and time of Bid Submission as mentioned on CSPDCL website www.cspdcl.co.inand
as indicated in the Bid Information Sheet.
2.3 Bidder shall submit bid proposal along with non-refundable RfS Document Fees and
Bid Processing Fees and Earnest Money Deposit (EMD) complete in all respect as per
theBidInformationSheet.BidproposalsreceivedwithoutthestipulatedRfSDocument Fees,
Bid Processing Fees and EMD, will be rejected. In the event of any date indicated
being declared a holiday, the next working day shall become operative for the
respective purpose mentioned herein.
RfS documents which include Eligibility Criteria, Technical Specifications, various
Conditions of Contract, Formats etc. can be downloaded from CSPDCL‟s website. It is
mandatory to download official copy of the RfS Document from CSPDCL‟s website
to participate in the Tender. Any amendment(s)/corrigendum(s)/clarification(s)with
respect to this RfS Shall be uploaded on CSPDCL website. The Bidder should
regularly check for any Amendment(s)/Corrigendum(s)/Clarification(s) on the above
mentioned CSPDCL website. The same may also be uploaded on CSPDCL‟s website.
However, in case of any discrepancy, the information available on CSPDCL’s website
shall prevail.

2.4 CSPDCL shall conduct e-Reverse Auction (e-RA) as per provisions of RfS documents.

7
2.5 CSPDCL 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.

2.6 Interpretations

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

8
 SECTION-3
SPECIAL CONDITIONS OF CONTRACT
3 Scope of Work
3.1 Under this RfS, the BESSD shall be required to setup a Battery Energy Storage
System (BESS), with the primary objective of making the energy storage facility
available to CSPDCL for charging/discharging of the BESS, on an “on demand” basis.
Detailed criteria for performance are elaborated in Clause 8 of the RfS.
3.2 This RfS is technology agnostic on the nature of battery storage system being opted by
the BESSD, as long as it meets the definition of BESS under this RfS and the required
performance criteria under the RfS and BESPA.

3.3 The BESS shall be charged by drawing power from CSPDCL and inject power to
CSPDCL network in accordance with the dispatch instructions issued by SLDC/Power
Management Cell in consultation with CSPDCL. CSPDCL will provide required
power for charging BESS considering minimum system efficiency under the
agreement.

3.4 Remote Monitoring System (RMS)

i. It is mandatory to monitor energy stored in BESS and performance of it through online

system. The online data will be integrated with central monitoring system at power
management cell, which shall be developed by BEESD.

ii. The BESSD under this RfS shall be required to install required remote monitoring systems for
BESS plant as well as connected Central control command centre under power management
cell for charging/discharging of the BESS, on an “on demand” basis.

iii. Various modules such as Battery Management System, Asset Management, Live Monitoring,
Performance Analysis, Complaint and Ticket Management, Device Integration / SCADA
Platform, Alarm/Events/Notification, for charging/discharging of the BESS, on an “on
demand” basis, Archiving and Historian Report Manager, Mobile application for CSPDCL
officer are under the scope of the BESSD.

iv. Remote Connectivity: Using 2G/3G/4G/5G or any other suitable cellular communication
Local Connectivity: Ethernet / Bluetooth / Wi-Fi connectivity to configure parameter,
notifications, communication intervals, set points, operation mode configuration or to
download locally stored data.

v. However, in absence of any working metering system, it shall be responsibility of the BESSD
to install the suitable monitoring system of the connections as per the functional requirements
defined in this RfS. Details of Communication Modes, Communication Protocols, Security
and Message formats and equipment wise parameter details are enclosed as “Communication
Architecture between RMS and Central Level Server” in Annexure-H. It is the responsibility
of BESSD to provide SIM card, recurring communication charges and maintain
communication connectivity of more than 96% and data availability of 99% for the 10 years
of operation & maintenance of BESS and its associated devices.

9
4 Total capacity offered and Project sizing
4.1 Selection of BESS Projects for a total capacity of decentralized 380
MWx2Hours=760MWh will be carried out through e-bidding followed by e-
Reverse Auction process. The minimum bid size shall be 100 MWh i.e. package
size.

4.2 Individual project capacity to be developed shall be as per the spare capacity
available in the substations mentioned in the Annexure-E.

4.3 Individual sub-station shall be treated as a project and the group of such projects is
called as package (i.e. Package-1, Package-2 etc) Annexure E The bidder have to
quote single (only one) bidding price/tariff for Package. Only one bidding
price/tariff shall be quoted by same bidder for particular package; however the
same bidder may quote different bidding price/tariff for other packages.

4.4 Note: Location for BESS projects have been identified and available as
Annexure-E.
4.5 Selection of Project Developers will be carried out based on the Contracted
Capacity quoted by the Bidders. In this context, the term “Project” used anywhere
in the RfS and BESPA will solely mean the BESS, set up by the BESSD to make
available the Contracted Capacity as agreed to in the BESPA.

4.6 For a specified Contracted Capacity, any over sizing of the BESS over the
minimum rated Energy capacities required under this RfS is left to the discretion of
the BESSD. However, it is to be noted that, at the time of commissioning, rated
capacity of the BESS (Power and Energy) to be installed as indicated in the
BESPA, will be verified.

5 Maximum Contracted Capacity Allocation for a Bidder

Following conditions shall be applicable to the Bidders for submission of bids against
this RfS:
5.1 The total capacity of 380 MW/ 760 MWh shall be set up at locations, as shown in
Annexure-E. A Bidder, including its Parent, Affiliate or Ultimate Parent or any Group
Company shall submit a single bid offering a Project Capacity of either one projector
multiple projects out of total capacity of 380 MW/ 760 MWh in the prescribed
formats.
Land shall be provided through Right-of-Use basis by CSPDCL to the project
developer through suitable agreement with CSPDCL, The L1 Bidder as discovered
after the e- Reverse Auction, shall have the first right followed by other bidders based
on ranking, to select a location for its allocated Project, from the multiple locations
offered in the Rfs.
Note: In case a common Company/Companies directly or indirectly hold(s) more than
10% but less than 26% shareholding in more than one Bidder participating in the RfS,
each of such Bidders will be required to submit the Disclosure as per Format 7.8A. In
all other cases, Format 7.8 will be applicable.

10
5.2 The evaluation of bids shall be carried out as described in Section-5 of RfS. The
methodology for Allocation of Projects is elaborated in Section-5 of RfS.
5.3 Subject to the exception as per Clause 5.1 above, multiple bids from same company
including its Parent/ Ultimate Parent/Affiliates/Group Companies shall make all the
bids submitted by the group invalid.
5.4 Individual project capacity to be developed shall be as per the spare capacity available
in the substations mentioned in the annexure-F.
5.5 Individual sub-station shall be treated as a project and the group of such projects is called as
package ( i.e. Package-1, Package-2 etc) Annexure F

5.6 The bidders have to quote single (only one) bidding price/tariff for particular package. Only
one bidding price/tariff shall be quoted by same bidder for particular package, however the
same bidder may quote different bidding price/tariff for other packages.

5.7 Minimum size of BESS plant shall not be less than the package size . The Cumulative
capacity to be installed is 380 MW/760 MWh

6 Project Location
6.1 The total Project capacity of 380 MW / 760 MWh shall be located in the vicinity of
Substations of the CSPDCL network in the State of Chhattisgarh. Land identification
and allocation for the Projects will be under scope of the CSPDCL. Land will be
provided on right-of use basis to the BESSD through suitable agreement with
CSPDCL, and the same shall be facilitated by CSPDCL. Project land details are
enclosed herewith at Annexure-E. The Bidders as discovered after the e-Reverse
Auction, shall have the first right to select a location in the order of their ranking, from
the multiple locations offered in the Rfs.

6.2 The above land area will be given to the BESSD for Right of Use (ROU) only within
60 days from Effective Date of the BESPA. In case of any delay in signing of ROU
agreement of land to the BESSD, the Financial Closure and Commissioning
milestones will be suitably extended.
6.3 (a) The GA layouts and single line diagrams of the CSPDCL sub-stations will be
provided to the prospective bidders, clearly showing the BESS area.
(b) The area identified for BESS is at one end of the yard and for approach to BESS, it
is required to construct the approach road separately by the BESSD for accessing the
Project, without hindering the O&M activities of respective sub-stations.

(c) As Battery Energy Storage System is prone to fire hazard, the BESSD shall
provide suitable means such as fire barrier between switchyard and BESS to avoid fire
to spread from BESS to Yard equipment.
(d) Contact details of concerned officers from CSPDCL for the site visit will be
provided separately.

11
 7 Connectivity with the Grid
7.1 The Project should be designed for interconnection with the CSPDCL‟s substation.
For interconnection with the grid and metering, the BESSD shall abide by the
applicable Grid Code, Grid Connectivity Standards, (as amended from time to time)
issued by Appropriate Commissions and Central Electricity Authority (CEA). The
voltages for interconnection at the CSPDCL network shall be as stipulated by
CSPDCL and shall not be less than 33 KV. BESSD shall also comply with the
requirements of relevant authority regarding charging and synchronization.
7.2 The Project shall be interconnected to the CSPDCL sub-stations as per Annexure-E in
Chhattisgarh. Necessary applications for grant of connectivity will be required to be
made by the BESSD. All the requisite costs associated with obtaining connectivity
shall be borne by the BESSD.

*Important Notes:
1.1 For any clarifications on the above, bidders may contact CSPDCL in this regard.
Regarding availability of connectivity at the substation, data as made available by
CSPDCL shall be final and binding.

1.2 Bidders must make note of the information pertaining to bay availability at the
substation.

1.3 Tentative coordinates of the Interconnection Point may be obtained from the
CSPDCL.
7.3 The maintenance of BESS Transmission system up to the interconnection point shall
be responsibility of the BESSD, to be undertaken entirely at its cost and expense. The
entire cost of construction of infrastructure from the Project up to and including at the
Interconnection Point, including but not limited to the transmission line, maintenance
losses, & all cost up to the delivery point shall be borne by the BESSD. The
SLDC/Scheduling charges and other charges payable by BESSD. For transmission of
power during charging/discharging of the BESS, transmission charges and losses
applicable as per the applicable regulations, beyond delivery point will be borne by
CSPDCL. All expenses including wheeling charges and losses in relation to the
distribution beyond the Metering Point shall be borne by CSPDCL. Applicability of
the charges and losses on charging and discharging power shall be governed as per the
regulations prevailing from time to time
7.4 Metering arrangement of each project shall have to be adhered to in line with relevant
clause of the BESPA. In case two or more bidders are selected for development of
project in a single substation, CSPDCL may stipulate scheme with common
evacuation infrastructure (Pooling of Projects) with main meter at delivery point and
project wise meter at output level of each project. The losses up to delivery point will
have to be shared by the developers in the ratio of energy recorded at the project level
meters. CSPDCL shall stipulate necessary safeguards mandating that no project shall
charge their BESS systems while other project(s)sharing common evacuation

12
 infrastructure are discharging their BESS systems. In case of sharing of infrastructure,
the failure of one BESSD results into interruption, the interruption shall not be
attributed to other BESSD. The non-availability during the time to restore the
interruption shall be accounted only for BESSD responsible for interruption. The
BESS performs regulations in one or several pre-defined ways (e.g. regulating its own
output power according to the orders given by SCADA system) to achieve an active
power balance between generation and demand to maintain the power system
frequency within a reasonable range.
7.5 The BESSD shall comply with CSERC regulations on Forecasting, Scheduling and
Deviation Settlement, as applicable from time to time. The scheduling of the power
to/from the project as per the applicable regulation shall be decided by CSPDCL.
However, any DSM penalties due to violation of the schedule of charging or
discharging of the BESS at BESS end shall be to the account of the BESSD. In order
to remove potential discrepancies and ambiguities, the BESSDs are hereby instructed
that, as part of scheduling of power to/from the Project, they will be required to punch
in their respective schedules and subsequent revisions, by themselves, at the interfaces
of the SLDC concerned for the corridor of power flow, including the CSPDCL, as per
the Regulations in force, under intimation to CSPDCL. CSPDCL may facilitate in
identification of any discrepancy and assist the BESSD for its early rectification
without any liability on CSPDCL. The BESSD shall be solely responsible for
discrepancy identification and its rectification to avoid any rejection/less payment of
invoices.
7.6 DSM penalties, if any, shall be levied separately on the BESSD as applicable, at their
BESSD ends for the charging and discharging activities
7.7 Reactive power charges shall be on account of BESSD as applicable, at BESSD end
during charging and discharging, as per CSERC regulations.
7.8 The BESSD shall be required to follow the applicable Procedure for Grant of
connectivity as issued by CSERC as well as other Regulations issued by CSERC/CEA
as amended from time to time. The BESSDs will be required to apply for connectivity
at the identified substations within 30 days of singing of BESPA, and shall furnish
copies of the application as well as granted connectivity, to CSPDCL at the earliest. In
case the BESSD fails to obtain the connectivity at a Substation identified by the Bidder,
same shall be immediately notified by the BESSD to CSPDCL.

8 Performance Criteria of the Project

8.1 Project performance parameters
(a) The Contracted Capacity of the Project shall be in terms of “MW”. CSPDCL‟s
obligation shall be for off-take of the Contracted Capacity and energy at delivery
point.
(b) For example, for the Contracted Capacity of 250 MW, the BESPA shall discharge
up to 500 MWh of energy from the BESS in each cycle, subject to the following:

13
 i. The CSPDCL will schedule charging of the BESS with equal amount of energy
plus energy expected to be lost as conversion losses (determined from the
guaranteed Round-
Trip Efficiency (RtE)of the system) Illustration: For a Project / Contracted
Capacity of 250 MW/ 500 MWh, with RtE of 95%, during the 3rd Year after
COD, CSPDCL shall supply charging power to the tune of
(250*2*0.925)/0.95= 486.84MWh, to expect a discharge of 462.5 MWh as per
the desired schedule.

ii. Energy scheduled for discharge in a given cycle during a year shall be more
than or equal to the Min. Dispatchable Energy Capacity at the End of Year as
specified under Article 4.4.2.(c) of BESPA.
Illustration: For example, during the end of the 3rd Year after COD, the energy
scheduled for discharge from 250 MW capacity shall be more than or equal to
250x0.925x2 =462.5 MWh.

iii. Contract capacity shall be the project capacity at delivery point. CSPDCL shall
provide the charging energy factoring the RtE, as per specified RtE in RfS. The
total Project Capacity shall be for supply to and off take by CSPDCL. The
BESS shall adhere to the specifications and performance requirements laid out
in Annexure-A of the RfS in this regard.

(c) Power rating of the project capacity of 760 MWh (380 MW x 2 hrs) BESS will be
380 MW, i.e., the maximum value of the active Output and Input Power at the
Delivery Point. Input power shall be provided by CSPDCL at delivery point for
contract capacity as illustrated in 8.1 (b). The Energy rating of 760MWh of the
system will be the dispatchable capacity at COD of the system considering
degradation of BESS as provided in RfS, as measured at the Metering Point.
Terms and definitions of terminologies related to BESS shall be as defined in IEC
62933- 2-1.
(d) The BESSD shall make the BESS available for 2 operational cycles per day, i.e.1
complete charge-discharge cycles per day.
(e) Following provisions shall be applicable on the entire Project Capacity guaranteed
to be off-taken by CSPDCL:
1. The procurement shall be in power(MW)terms. The BESSD shall install, operate
and maintain the BESS to offer facility to CSPDCL to charge and discharge the
BESS on an “on demand” basis. The BESSD shall guarantee a minimum system
availability of 95% on annual basis. The BESSD shall pay the liquidated
damages for shortfall if any to CSPDCL. Amount of such liquidated damages
shall be twice the Capacity Charges for the capacity not made available.
The Monthly Average Availability shall be calculated for each month. On the
basis of monthly Availability, average of each month taken for calculation of

14
 Annual Average Availability. While considering Annul Average availability,
only lesser then 95% or up to 95% Monthly Average Availability to be added to
derive the Annual Average Availability. The illustration is provided as under,

Illustration:
Monthly Average Annual Average Availability=
Monthly Average
Month Availability for {∑(Monthly Average Availability)}/
Availability
Calculation 12
1 95% 95% =(95%+95%+93%+95%+93%
2 95% 95% +95%+95%+92%+95%+95%+
3 93% 93% 91%+90%)/12
4 97% 95% =93.66% ~94%
5 93% 93%
6 98% 95%
7 95% 95%
8 92% 92%
9 96% 95%
10 95% 95%
11 91% 91%
12 90% 90%

2. Availability of the Project shall mean the ability of the BESS to execute a
function i.e. charging or discharging, when called upon to do so, as per the
schedule or signal provided by the off-taker, subject to the minimum system
ratings specified herein. In addition, the BESSD shall also demonstrate, on
annual basis, 100% of the minimum dispatchable Capacity of the BESS as
required under Clause 9.1.e.4 below.

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

Monthly System Availability = Mean of the System availabilities of all

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

a. i refers to the ith time-block in the Month where

Scheduled Injection/DrawlMUi≠ 0.
b. Actual Injection/Drawal MUi is the Actual Scheduled for
Charging/Discharging in the ith time block, in MUs

15
 c. Scheduled Injection/Drawal MUi is the Energy Scheduled for
Charging/Discharging in the ith time block, in MUs
d. A and B shall be as per the DSM/UI Reports published by the
SLDC or measurement at the Main ABT Meter at the Point of
Interconnection.
System Monthly availability shall be calculated as per above, and
System Annual Availability shall be calculated as illustrated in 9.1 (e).1
3. The BESSD shall guarantee AC to AC roundtrip efficiency (RtE)of system on
monthly basis. The BESSD shall be liable for Liquidated Damages to the off-
taker, if any, on account of excess conversion losses, based on the following
conditions:
(a) For RtE <85%, there shall be a liquidated damage @ APPC tariff of
previous financial year of the Discoms of excess conversion losses
considering system RtE
= 95% and tariff payment for the corresponding month shall not be made
to the BESSD;
(b) For 85% ≤ RtE < 95%, there shall be a liquidated damage levied @ APPC
tariff of previous financial year of the Discoms of excess conversion losses
considering system RtE = 95%;
System Roundtrip Efficiency=
𝑆𝑢𝑚 𝑇𝑜𝑡𝑎𝑙 𝑜𝑓 𝐴𝑐𝑡𝑢𝑎𝑙 𝐼𝑛𝑗𝑒𝑐𝑡𝑖𝑜𝑛/𝐷𝑖𝑠𝑐ℎ𝑎𝑟𝑔𝑖𝑛𝑔 𝑀𝑈𝑠 𝑗 𝑖𝑛 𝑎 𝑚𝑜𝑛𝑡ℎ(𝐶)
𝑆𝑢𝑚 𝑇𝑜𝑡𝑎𝑙 𝑜𝑓 𝐴𝑐𝑡𝑢𝑎𝑙 𝐷𝑟𝑎𝑤𝑎𝑙/𝐶ℎ𝑎𝑟𝑔𝑖𝑛𝑔 𝑀𝑈𝑠 𝑛 𝑎 𝑚𝑜𝑛𝑡ℎ(𝐷)
Where,
J refers to the jthmonth in a year;
D≠ 0;
D<=2x E bessx (MDn-1–(MDn-1– MDn)x j/12)x(Number of days in the jth
month))/ RtEg; E bess refers to Energy Rating specified in Clause 9.1.b. above;
MDn-1 refers to minimum guaranteed dispatchable energy at the end of the
previous year (as a % of Capacity at the COD specified in Clause 9.1.e.4.
below);
MDn refers to minimum guaranteed dispatchable energy at the end of the
current year; RtEg refers to the guaranteed Round-Trip Efficiency under the
BESPA;
C and D shall be as per the DSM/UI Reports/State Energy Account
published by the SLDC measurement at the Main ABT Meter at the
Point of Interconnection.
Note:

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

specified in Clause 8.1.a. & 8.1.b above.

16
  The BESSD shall take separate, metered connection for the Auxiliary
Power load of BESS,
or
 The BESSD can draw auxiliary power from Interconnection point.
Separate meter would be arranged by Developer to measure Auxiliary
consumption and that would be billed by DISCOM.
4. Taking into consideration capacity degradation, the minimum Dispatchable
energy to be made available by the BESSD at the end of a given year shall be as
follows:
Year Min. Dispatchable Capacity at the end of Year (as a
% of Capacity at the Beginning of Life/Final COD)
1 97.50%
2 95.00%
3 92.50%
4 90.00%
5 90.00%
6 90.00%
7 90.00%
8 90.00%
9 90.00%
10 90.00%
11 90.00%
12 90.00%

5. The nameplate ratings shall be achievable during discharge for the full range of
environmental conditions at the project site when the battery is fully charged. In
any case, the BESS shall be capable of being discharged at reduced power
levels from that specified above. However, the energy discharged from the
battery shall not require to be greater than the nameplate watt-hour rating
specified herein. For example, during the end of the 3rd Year after COD, the
energy scheduled for discharge from 380 MW capacity shall be more than or
equal to 380x0.925x2 =703 MWh.
6. SLDC in consultation with CSPDCL shall, in accordance with Applicable Laws
and Regulations there under, issue instructions to the BESSD on behalf
CSPDCL for dispatch of electricity to the Grid during such period and in such
volume as it may specify in its instructions. The BESSD shall clearly specify
the maximum recovery times required to restore the BESS for functional
availability between duty cycles. The maximum allowed cooling time between
Charge to Discharge or Discharge to charge would be 1 hr. However, for one
cycle recovery time shall not be more than 2 hours.
7. Operational Window: Operational Window shall mean the expected
hours/duration of system (capacity) availability on each day during the term of
the Contract, excluding:

17
 a. Maximum BESS recovery time a sspecified in this document
b. Grid Outages (duly certified to this effect by the Grid Operator)
c. Planned Maintenance Outage duly informed by the BESSD to the off-taker
with atleast one month‟s prior notice, subject to total no. of planned outage
period being not more than 34 hours in a two-month period.
BESSD will have to comply with the Charging and Discharging Schedule as
intimated by SLDC. It is clarified that discharge of BESS shall take place
subject to the transmission constraints at the CSPDCL sub-station. For
example, discharge of power from BESS during peak Solar hours (say, 11:00
AM- 2:00 PM) may be subject to the Grid constraints.
8. In addition to above, the BESSD shall also submit Available Energy Test
Report for the Project capacity as per IEC 62933-2-1 on Annual basis.
9. It shall be the responsibility of the BESSD to make periodic
replacements/replenishments of system capacities (to ensure annual guaranteed
system ratings), if and when required, up to the Term of the Contract. Outage
time as a result of replacement will also be counted as an “Accountable BESS
Outage” for the purpose of computing BESS Availability.
Pursuant to the provisions above, the BESSD shall plan the dispatch of
electricity and convey its availability for scheduling thereof by the SLDC and
shall supply electricity in accordance with the provisions of the Grid Code and
the Electricity Act, 2003. The BESSD shall adhere to all the technical
requirements as brought out in Annexure-A of the RfS. The BESS shall
conform to all the applicable regulations of CSERC and CEA Standards for
connectivity, metering, communication with the grid operators, etc.

8.2 Shortfall in meeting Performance Criteria

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

Liquidated damages=(A–B) xCx Dxn x2;n =12.

where,
A is Guaranteed Annual Availability as per Clause8.1.e.i.above;
B is Actual Annual System Availability, as calculated as per Clause8.1.e.2above;
C is BESS Power Capacity;
D is Capacity Charges/MW/month as discovered through bidding process;
n is the no. of months.

18
 In case the BESSD fails to meet the monthly RtE demonstration as per Clause 8.1.e.3
above, additional Liquidated Damages for the unavailability of the required minimum
RtE shall be applicable for the entire month.
However, this damage shall not be livable to extent the availability of system is
affected due to Force Majeure event as specified under the agreement. An illustration
to this effect is enclosed at Annexure-D.

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

9.1 Part Commissioning

Part commissioning of the Project, without prejudice to the imposition of liquidated
damages in terms of the BESPA, on part which is not commissioned, shall be accepted
by CSPDCL subject to the condition that minimum part commissioning capacity for
the 1st part will be 50% of the package capacity or 50MW whichever is lower. The
total number of instalments in which a Project can be commissioned will be not more
than 3, i.e., 1st initial instalment of 50 MW or 50% of the package capacity as the case
may be and 2 subsequent instalments.

However, the SCD will not get altered due to part commissioning. Irrespective of
dates of part commissioning or full commissioning, the BESPA will remain in force
for a period as per Clause 18.2 of the RfS.

9.2 Commissioning Schedule and Liquidated Damages Not Amounting to Penalty for
Delay in Commissioning
a. The Scheduled Commissioning Date (SCD) for commissioning of the full capacity of
the Project shall be the date as on18 months from the Effective Date of BESPA (for
e.g.if Effective Date of the BESPA is 05.07.2025,thenSCD shallbe05.01.2027
b. The maximum time period allowed for commissioning of the full package/Contracted
Capacity with applicable liquidated damages, shall be limited to the date as on 9
months from the SCD or the extended SCD (if applicable).
c. In case of delay in commissioning of the Project beyond the SCD until the date as per
Clause 9.2.b. above, as part of the liquidated damages, the total PBG amount for the
Project shall be encashed on per-day-basis and proportionate to the balance capacity
not commissioned. For example, in case of a Project Capacity of 150 MW capacity, if
commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the
liquidated damages shall be: PBG amount X (100/150)X (18/270). For the purpose of
calculations of the liquidated damages,„month‟ shall be considered consisting of 30

19
 days.
d. As an alternative to the above encashment of PBG, the BESSD may choose to make a
payment of the amount corresponding to the liquidated damages, directly to CSPDCL.
The BESSD shall intimate to CSPDCL, its chosen alternative out of the two options,
within 10 business days of intimation of the liquidated damages to the BESSD, as
calculated by CSPDCL. In case no response is received from the BESSD until the
lapse of the above deadline, CSPDCL may encash the PBG for the amount as per the
liquidated damages. In case the Developer chooses to make necessary payments in
lieu of the liquidated damages, the said payment shall be credited to CSPDCL‟s
account through NEFT payment, no later than 5 business days from the above
intimation by the BESSD. In case of non- payment by the developer within the above
deadline, the PBG will be encashed by CSPDCL on the next business day.
e. In case Commissioning of the Project is delayed beyond the date as per Clause 9.2.b
above, the BESPA capacity shall stand reduced/amended to the Project/Contracted
Capacity commissioned, the entire PBG will be encashed by CSPDCL, and the
BESPA for the Project shall stand terminated for the balance un-commissioned
capacity.
f. It is clarified that for the purpose of commissioning, the Project Capacity shall refer to
the rated capacity of the Energy Storage System as declared by the BESSD in the
BESPA. Any reduction in the Project/Contracted Capacity on account of Clause 9.2.d
& e. above, will have no bearing on the obligation of the BESSD to provide the
Project/Contracted Capacity as per the BESPA.
g. It is to be noted that delay in commissioning / operationalization of the BESS charging
source shall not be admissible among the factors warranting an extension in SCD of
the Project.

10 Early Commissioning
The BESSD shall be permitted for full commissioning as well as part-commissioning
of the Project even prior to the SCD. Early commissioning of the Project will be
allowed solely at the risk and cost of the BESSD, and CSPDCL shall schedule the
capacity from such early commissioned Project at the BESPA charges (for the
Contracted Capacity), only in case CSPDCL agrees to purchase the capacity at an
earlier date, and at the BESPA tariff.
In case CSPDCL does not agree to early purchase the capacity, early part/full
commissioning of the Project shall still be allowed and the BESSD will be free to
utilize such capacity in the market or for sale of capacity to a third party until SCD or
the date of commencement of procurement of BESS capacity as notified by CSPDCL,
whichever is earlier. However, early part/full commissioning of the Project and
subsequent capacity procurement from the same shall be subject to the approval of
CSPDCL. Such intimation regarding consent to procure BESS capacity from early
commissioning shall be provided by CSPDCL within 15 days of receipt of the request
being made by the BESSD, beyond which it would be considered as deemed refusal.

20
In case of BESSD sales storage capacity to third party, then CSPDCL shall not be
responsible for providing charging power.
If the BESS capacity is not off taken by CSPDCL upon early commissioning, BESSD
shall arrange for any augmentation of the Battery capacity to meet the capacity criteria
mentioned at the time of SCD (i.e. dispatchable capacity on SCD date shall be100% of
the contracted capacity) and to maintain the capacity at the end of every year as
indicated in Clause 9.1(e). 4. of the RfS. Subject to the provisions of the BESPA, in
case of early commissioning, if BESSD sells any capacity to a third party, the BESSD
willhavetoagaindemonstrate100% of Contracted Capacity (as per the Commissioning
Procedure) to CSPDCL from the date of commencement of off-take of capacity by
CSPDCL.

21
 SECTION3.STANDARD CONDITIONS OF CONTRACT
11 Obtaining RfS Documents
Interested bidders have to download the official copy of RfS & other documents after
login into the CSPDCL portal by using the Login ID & Password provided by
CSPDCL during registration (Refer Annexure - C). The bidder shall be eligible to
submit/ upload the bid document only after logging into the CSPDCL portal and
downloading the official copy of RfS.

12 Cost of Documents & Bid Processing Fees

Prospective Bidders interested to participate in the bidding process are required to
submit their Project proposals in response to this RfS document along with a non-
refundable processing fee as mentioned in the Bid Information Sheet. A Bidder will be
eligible to participate in the bidding process only on submission of entire financial
amounts as per the Bid Information Sheet. Payments against Cost of RfS document
and Bid Processing Fee shall be done only through NEFT/RTGS (electronic transfer),
and the Bidder shall submit the transaction receipt, as part of the online bid
submission.
The bank details of CSPDCL are as under:-
Name of Bank – Punjab National Bank.
Bank Account No. 0399002100077705.
IFSC CODE - PUNB0039900 .
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 CSPDCL.

13 Project Scope & Technology Selection

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

14 Connectivity with the Grid

Please refer Clause 7 of the RfS.

22
 15 Clearances Required from the Central/State Government and Other
Local Bodies
The BESSDs are required to obtain all necessary clearances and permits as required for
setting up the Projects, including but not limited to the following:
a. No Objection(NOC)/Environmental clearance (if applicable) for the Project.
b. Not Used.
c. Approval for water from the concerned authority (if applicable) required for the
Project.
d. Any other clearances as may be legally required, in order to establish and operate
the Project.
e. Necessary approval(s) of CEIG.

The above clearances, as applicable for the Project, will be required to be submitted to
CSPDCL prior to commissioning of the Project, if sought by CSPDCL. In case of any
of the clearances as indicated above being not applicable for the said Project, the
BESSD shall submit an undertaking in this regard, and it shall be deemed that the
BESSD has obtained all the necessary clearances for establishing and operating the
Project. Any consequences contrary to the above shall be the responsibility of the
BESSD. The BESSD shall also comply with all the laws, regulations, orders and
procedures issued by the appropriate authority, applicable for setting up and
implementing the Project.
The BESSD shall be required to follow the applicable rules regarding project
registration with the State Nodal Agency in line with the provisions of the applicable
policies/regulations of Chhattisgarh State. It shall be the responsibility of the BESSD
to remain updated about the applicable charges payable to the SNA under the
applicable State Policy.
Note: The BESSD should apply for all the necessary approvals & get the necessary
approvals, permits and clearances not more than 60 days from the Effective Date of
the BESPA, which shall be complete in all respects, incorporating the
clarifications/changes as required by the concerned authorities. The above timeline
shall be adhered to, in order to examine cases where the BESSD faces delay in grant
of the necessary approvals and permits, for a period substantially greater than the
standard period of grant of approval by the respective organizations.

16 Bank Guarantee towards Earnest Money Deposit (EMD)

16.1 Earnest Money Deposit (EMD) of INR 220,000 / MW (Rupees two lakhs twenty
thousand only/MW) per Project in the form of Bank Guarantee according to Format
7.3 A and valid for 09 months from the last date of bid submission, shall be submitted by the
Bidder along with their bid, failing which the bid shall be summarily rejected. The Bank
Guarantees towards EMD have to be issued in the name of the Bidding

23
 Company/ Lead Member of Bidding Consortium. In the event of encashment of EMD,
the encashed amount shall include all applicable taxes.
The presently applicable list is as under,
Guarantees issued by following Banks will be accepted as PBG/EMD on permanent
basis 1. All Nationalized Banks. Guarantees issued by following Banks will be
accepted as PBG/EMD for Period up to 31/03/2024. The validity cut-off in GR is with
respect to date of issue of Bank Guarantee irrespective of the date of termination of
Bank Guarantee The Bidder shall furnish the Performance Bank Guarantees (PBGs)
from any of the Banks listed at Annexure - G to CSPDCL. In case of Bank Guarantee
issued by foreign branch of Bank from bank list (As given in Annexure-G) in the RfS
is to be endorsed by the Indian branch of the same Bank or State Bank of India.
The EMD shall be valid as per the time lines stipulated above. However, shortfall in
the EMD validity, if any, up to a period of seven (7) days shall be acceptable. Further,
an additional shortfall only in the following cases shall be acceptable: If the bidder has
submitted the EMD with validity as per original bid submission date or as per any
revised submission date, and if the deadline for submission of bids has been extended
further, the Bid Guarantee shall be acceptable provided, the EMD is valid for more
than two months from the actual date of bid submission and the Bidder submits the
EMD extension for the requisite period within seven days from the date of actual bid
submission, if required.

16.2 CSPDCL has agreed to accept the EMD in the form of an unconditional and
irrevocable Bank Guarantee instead of the cash deposit with the clear position
intimated to the bidder that the EMD Bank Guarantee shall be encashable for being
appropriated by CSPDCL in terms of the guarantee as in the case of appropriation of
the cash deposit lying with CSPDCL.

16.3 For feature of EMD:

The BG towards EMD shall be encashed by CSPDCL in following cases:
a. If the bidder withdraws or varies the bid after due date and time of bid submission
and during the validity of bid;
b. In case, CSPDCL offers to execute the BESPA with the Selected Bidder and if the
Selected Bidder does not submit the requisite documents as per Clause 19 or does
not execute the BESPA within the stipulated time period;
c. If after issuance of LOI, it is found that the documents furnished by the bidders as
part of response to RfS are misleading or misrepresented in any way;
d. If the bidder fails to furnish required PBG in accordance with Clause17oftheRfS.

24
17 Performance Bank Guarantee(PBG)
17.1 Bidders selected by CSPDCL based on this RfS shall submit Performance Bank
Guarantee(PBG) for a value @ INR 11,00,000/MW (Rupees Eleven Lakhs
only/MW), prior to signing of BESPA. It may be noted that successful Bidders shall
submit the PBG according to the Format 7.3B with a validity period up to (&
including) the date as on 10 months after the Scheduled Commissioning Date of the
Project. Upon receipt and after successful verification of the total PBG in the
acceptable format, the BG submitted towards EMD shall be returned by CSPDCL to
the successful Bidder.

17.2 All Performance Bank Guarantees (PBGs) shall be submitted separately for each
Project.

Note: The PBGs are required to be submitted in the name of the entity signing the
BESPA. In case of BESPA being eventually signed with the SPV incorporated/utilized
by the successful bidder, the PBG may be submitted in the name of the successful
bidder within the above prescribed deadline, if the bidder chooses to do so, and the
same shall be replaced by the PBG issued in the name of the SPV, prior to signing of
BESPA.

17.3 The BESSD shall furnish the PBG from the list of banks notified by Government of as
amended or replaced from time to time for acceptance of Bank Guarantee as Security
Deposit and Performance Security, as amended or replaced from time to time. In case
of the Project being implemented through an SPV incorporated by the successful
bidder, the PBG shall be furnished in the name of the SPV.

17.4 The format of the Bank Guarantees prescribed in the Format 7.3 A (EMD) and 7.3 B
(PBG) shall be strictly adhered to and any deviation from the above Formats shall result
in rejection of the EMD/ PBG and consequently, the bid. In case of deviations in the
formats of the Bank Guarantees, the corresponding BESPA shall not be signed.
17.5 CSPDCL has agreed to accept the PBG in the form of an unconditional and irrevocable
Bank Guarantee instead of the cash deposit with the clear position intimated to the
bidder that the PBG shall be encashable for being appropriated by CSPDCL in terms of
the guarantee as in the case of appropriation of the cash deposit lying with CSPDCL.
17.6 The selected Bidder for the Project selected based on this RfS is required to sign
BESPA with CSPDCL within the timeline as stipulated in Clause 18 of the RfS. In case,
CSPDCL offers to execute the BESPA with the Selected Bidder and if the Selected
Bidder does not submit the requisite documents, or does not execute the BESPA within
the stipulated time period, then the Bank Guarantee equivalent to the amount of the
EMD shall be encashed by CSPDCL from the Bank Guarantee available with
CSPDCL(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.

25
17.7 The Bank Guarantees have to be executed on non-judicial stamp paper of appropriate
value as per Stamp Act relevant to the place of execution.
17.8 All expenditure towards execution of Bank Guarantees such as stamp duty etc. shall be
borne by the Bidders/BESSDs. Any Bank Guarantee or it‟s amendment to be submitted
as part of the bidding process / contract execution, shall be effective when the BG
issuance message is transmitted by the issuing bank through SFMS to CSPDCL‟s bank
and a confirmation in this regard is received by CSPDCL”.
17.9 After the bidding process is over, CSPDCL shall release the Bank Guarantees towards
EMD of the unsuccessful Bidders within 15 days after the completion of e- Reverse
Auction. The PBG shall be returned to the BESSD within 45 months from the COD of
the Project, after taking into account any liquidated damages due to delays in
commissioning.

26
 18 Battery Energy Storage Purchase Agreement (BESPA)
18.1 CSPDCL shall enter into Battery Energy Storage Purchase Agreement (BESPA) with
Bidders selected based on this RfS. A copy of standard BESPA to be executed
between CSPDCL and the BESSD is available on CSPDCL Portal and also on
CSPDCL website. The BESPA shall be signed after approval from CSERC for
adoption of tariff. Subsequent extension in this timeline shall be finalized as mutually
agreed by CSPDCL and the BESSD. BESPA will be executed between CSPDCL and
selected bidder or its SPV separately for each Project after adoption of tariff by
CSERC.

18.2 The BESPA shall be valid for a period of 12 years from the date of full commissioning
of the Project.

18.3 The Performance Bank Guarantee as per Clause 17 above, shall be submitted by the
BESSD prior to signing of BESPA. Before signing of BESPA between CSPDCL and
the BESSDs, CSPDCL will verify the shareholding of the Project Company along with
a copy of complete documentary evidence. If at this stage or subsequently it is found
that the documents furnished by the BESSDs are false / misleading or misrepresented
in any way, then the provisions contained in this RfS will be applicable.

18.4 Successful bidders will have to submit the required documents to CSPDCL within 30
days from the issue of LOA. In case of delay in submission of documents beyond the
30 days as mentioned above, CSPDCL shall not be liable for delay in verification of
documents and subsequent delay in signing of BESPA. Effective Date of the BESPA
shall be the date of signing of BESPA.

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

27
 19 Financial Closure or Project Financing Arrangements
19.1 The Projects shall achieve Financial Closure within the date as on 12 months after the
Effective Date of the BESPA (for e.g. if Effective Date is 05.07.2025, the above
deadline will be 05.07.2026).

19.2 At the stage of financial closure, the BESSDs shall report 100% tie-up of Financing
Arrangements for the Projects. In this regard, the BESSD shall submit a
certificate/necessary documents from all financing agencies regarding the tie-up of
100% of the funds indicated for the Project, including arrangements of funds in the
form of Equity.

19.3 Checklist of documents to be submitted at this stage is provided at Annexure-B of the

RfS.

19.4 In case of default in achieving above condition as may be applicable within the
stipulated time, CSPDCL shall be entitled to encash PBG and shall remove the Project
from the list of the selected Projects, unless the delay is on account of factors not
owing to any action or inaction on the part of the BESSD, or caused due to a Force
Majeure as per BESPA. An extension can however be considered, on the sole request
of BESSD, on advance payment of extension charges of INR 1,000/- per day per MW.
This extension will not have an impact on the obligation of BESSD to achieve
commissioning by the SCD of the Project. Subsequent to the completion of deadline
for achieving financial closure, CSPDCL shall issue notices to the BESSDs who are
not meeting the requirements of Financial Closure as per the RfS deadlines. The notice
shall provide a period of 30 business days to the respective BESSDs to either furnish
the necessary documents or make the above mentioned payment of Rs.1,000/MW/day.
In case of non-submission of either-the requisite documents or the necessary amount
upon expiry of the above mentioned notice period of 30 days- CSPDCL may encash
the PBG of the corresponding BESSDs and terminate the BESPA for the
corresponding Project. The amount of Rs. 1,000/MW/day shall be paid by the BESSDs
in advance prior to the commencement of the said delay period and shall be calculated
based on the period of delayas estimated by the BESSD. In case of the BESSD
meeting the requirements of Financial Closure before the last date of such proposed
delay period, the remaining amount deposited by the BESSD shall be returned by
CSPDCL. Interest on account of delay in deposition of the above mentioned charges or
on any subsequent extension sought, shall be levied @ one year SBI MCLR rate
/annum on pro-rata basis. Any extension charges paid so, shall be returned to the
BESSD without any interest on achievement of successful commissioning within the
SCD, on pro-rata basis, based on the project/contracted capacity commissioned as on
SCD.

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

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 Documents and subsequent delay in Financial Closure.

20 Land Arrangements for the Project

20.1 Land identification and ROU of Land shall be in line with Clause 6 of the RfS, and
CSPDCL shall facilitate in grant of land to the BESSD.

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

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

21 Commercial Operation Date (COD)

In case of part commissioning, Commercial Operation Date (COD) will be declared
only for that part of Project/Contracted Capacity. COD shall be the next day after the
date of commissioning of Project, as indicated on the Commissioning Certificate,
upon successful commissioning of the full capacity of the Project or the last part
capacity of the Project as the case maybe, as declared in line with the commissioning
procedure as provided in the BESPA.
The BESSD shall obtain necessary charging and safety clearances from the Central
ElectricityAuthoritypriortocommissioningoftheProject.The12-year tenure of BESPA
shall be as per the provisions of BESPA. Any capacity being offered to the grid before
COD shall not be at the cost of CSPDCL under this scheme and developers will be
free to make short-term sale to any organization or individual with first right of refusal
with CSPDCL.

22 Modifications in Controlling Shareholding

22.1 The BESSD shall indicate its shareholding in the company indicating the controlling
shareholding before signing of BESPA with CSPDCL.

22.2 No change in controlling shareholding of the Bidding Company or Bidding

Consortium shall be permitted from the date of submission of response to RfS till the
execution of the BESPA. However, in case the Project is being set up by a listed
Company, this condition will not be applicable.
Following shall not be considered as change in shareholding as mentioned above:
Infusion of Fresh equity capital amongst the existing shareholders/promoters at the
time Of Bid Submission to meet equity requirements.
a. Conversion of CCDs, CCP setc. Already issued to existing shareholders.
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 b. Death, marriage, Divorce, minor attaining major (any legal heir who was minor at
the time of signing of BESPA), insolvent, insane of existing shareholders.
c. Transfer of shares within the members of Immediate Promoter Group only.
d. Transfer of shares to IEPF.
e. Issue of Bonus Shares.
22.3 In case of Project being executed through SPV: The successful Bidder executing the
project, if being a single company, shall ensure that its shareholding in the SPV/
Project Company executing the BESPA, shall not fall below 51% at any time prior to
COD of the Project. In the event the successful Bidder is a consortium, then the
combined shareholding of the consortium members in the SPV/ Project Company
executing the BESPA, shall not fall below 51% at any time prior to COD. However, in
case the Project is being set up by a listed Company, this condition will not be
applicable.

22.4 In case of the selected Bidder itself executing the BESPA, it shall ensure that
controlling shareholding of the bidding company remains unchanged until the COD.
However, in case the Project is being set up by a listed Company, this condition will
not be applicable.

22.5 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 up to the COD.

22.6 Any change in the shareholding after COD can be undertaken under intimation to
CSPDCL.

22.7 In the event of Change in Shareholding/Substitution of Promoters triggered by the

Financial Institutions leading to signing of fresh BESPA with a new entity, an amount
of INR 10 Lakh per Project +18% GST per Transaction as Facilitation Fee (non-
refundable) shall be deposited by the BESSD to CSPDCL.

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

The bidder including its Parent, Affiliate or Ultimate Parent or any Group Company
shall submit single response to RfS. Detailed Instructions to be followed by the bidders
for online submission of response to RfS are stated at Annexure – C. Submission of bid
proposals by Bidders in response to RfS shall be in the manner described below:
a. Covering Letter as per Format 7.1.
b. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead Member
issued by the other Members of the Consortium shall be provided in original as per
format attached hereto as Format 7.2.
In the event any Member of the Bidding Consortium (other than Lead Member) is a

30
 foreign entity, it may submit Board Resolutions in place of Power of Attorney for the
purpose of fulfilling the requirements under this clause. Provided that such Board
Resolutions shall be supported by an unqualified opinion issued by the legal counsel of
such foreign entity stating that the Board Resolutions are in compliance with the
applicable laws of the respective jurisdictions of the issuing Company and the
authorizations granted therein are true and valid.
c. Bank Guarantee against Earnest Money Deposit(EMD) as per Format 7.3A/7.3D.
d. Board Resolutions, as per prescribed formats enclosed as per Format 7.4 duly certified
by the Company Secretary or the Director of the relevant Bidder, as applicable to the
Bidder and mentioned hereunder:
i. Board Resolution from the Bidding Company or the Lead Member of the
Consortium, as the case maybe, in favour of the person signing the response to RfS
and in the event of selection of the Projects and to sign the BESPA with CSPDCL.
Board Resolution from each of the Consortium Members in favour of the person
signing Consortium Agreement.
ii. Board Resolution from the Bidding Company committing 100% (One Hundred
Percent) of the equity requirement for the Project/ Board Resolutions from each of
the Consortium Members together in aggregate committingto100%(One Hundred
Percent)of equity requirement for the Project (in case of Bidding Consortium); and
iii. Board Resolutions from each of the Consortium Members and Lead member
contributing such additional amount over and above the percentage limit (specified
for the Lead Member and other member in the Consortium Agreement) to the
extent becoming necessary towards the total equity share in the Project Company,
obligatory on the part of the Consortium pursuant to the terms and conditions in the
Consortium Agreement.
e. In case of a Consortium, the Consortium Agreement between the Members in the
Consortium as per Format 7.5 along with Board resolution from each Member of the
Consortium for participating in Consortium.
f. Format for Financial Requirements as per Format 7.6 along with the certificate from
practicing Chartered Accountant/ Statutory Auditors showing details of computation of
the financial credentials of the Bidder.
g. Undertaking regarding no will full default and no major litigation pending as per
Format7.7.
h. A disclosure statement as per Format 7.8/7.8A regarding participation of any related
companies in the bidding process.
i. Format for Technical Criteria as per Format 7.9(to be filled out separately for each
Project).
j. Declaration by the Bidding Company / Lead Member of Bidding Consortium for the
Proposed Technology Tie Up as per Format 7.10 (to be filled out separately for each
Project).
k. (Not used)
l. Attachments

31
 i. Memorandum of Association, Article of Association needs to be attached along with
the bid. The bidder should also highlight the relevant provision which highlights the
objects relating to Power/ Energy/ Renewable Energy/ Standalone Battery Energy
Storage System development.
 In case, there is no mention of the above provisions in the MoA/ AoA of the
bidding company, the same has to be amended and submitted prior to signing of
BESPA, if the bidder is selected as Successful bidder.
 If the selected bidder wishes to execute the project through a Special Purpose
Vehicle (SPV), the MoA/ AoA of the SPV highlighting the relevant provision
whichhighlightstheobjectsrelatingtoPower/Energy/RenewableEnergy/Solar
Power plant development / Standalone Battery Energy Storage System
development has to be submitted prior to signing of BESPA.
ii. Certificate of Incorporation of Bidding Company/ all member companies of
Bidding Consortium. In case of AIF, registration certificate issued by SEBI would
be required.
iii. A certificate of shareholding of the bidding company, its Parent and Ultimate
Parent (if any) duly certified by a practicing Chartered Accountant/ Company
Secretary as on a date within 30 days prior to the last date of bid submission.
CSPDCL reserves the right to seek additional information relating to shareholding
in promoter companies, their parents/ ultimate parents and other group companies
to satisfy themselves that RfS conditions have been complied with and the bidder
will ensure submission of the same within the required time lines.
iv. Certified copies of annual audited accounts for the last financial year, i.e. FY
2022-23,and provisional audited accounts, along with certified copies of Balance
Sheet, Profit & Loss Account, Schedules and Cash Flow Statement supported
with bank statements as on the date at least 7 days prior to the due date of bid
submission (if applicable), shall be required to be submitted.
v. Details of all types of securities/instruments which are pending conversion into
equity whether optionally or mandatorily.
m. Covering letter of the Financial bid as per Format-7.12.
n. Break-up of the Preliminary Estimate of Cost of Project as per Format 7.13 (separately
for each project).

24 Important Notes and Instructions to Bidders

24.1 Wherever information has been sought in specified formats, the Bidders shall fill in
the details as per the prescribed formats and shall refrain from any deviations and
referring to any other document for providing any information required in the
prescribed format.

24.2 The Bidders shall be shortlisted based on the declarations made by them in relevant
schedules of RfS. The documents submitted online will be verified before signing of

32
 BESPA in terms of Clause29 of the RfS.

24.3 If the Bidder/Member in a Bidding Consortium conceals any material information or

makes a wrong statement or misrepresents facts or makes a misleading statement in its
response to RfS, in any manner whatsoever, CSPDCL reserves the right to reject such
response to RfS and/or cancel the Letter of Intent, if issued, and the Bank
Guarantee/POI provided up to that stage shall be encashed. Bidder shall be solely
responsible for disqualification based on their declaration in the submission of
response to RfS.

24.4 If the event specified at 24.3 is discovered after the Effective Date of BESPA,
consequences specified in BESPA shall apply.

24.5 Response submitted by the Bidder shall become the property of the CSPDCL and
CSPDCL shall have no obligation to return the same to the Bidder. However, the
EMDs submitted by unsuccessful Bidders shall be returned as specified in Clause 16
of the RfS.

24.6 All documents of the response to RfS (including RfS and subsequent Amendments/
Clarifications/ Addenda and BESPA) submitted online must be digitally signed by the
person authorized by the Board as per Format 7.4. The documents submitted online
but not required to be submitted off-line shall be considered as authentic rue copies of
the originals for all practical and legal purposes and it shall be the responsibility of the
bidders to keep the originals with them and produce the same to CSPDCL whenever
called for during the tenure of the BESPA.

24.7 The response to RfS shall be submitted as mentioned in Clause 23 of the RfS. No
change or supplemental information to a response to RfS will be accepted after the
scheduled date and time of submission of response to RfS. However, CSPDCL
reserves the right to seek additional information from the Bidders, if found necessary,
during the course of evaluation of the response to RfS.

24.8 The Bidder shall make sure that the correct, valid and operative Pass-Phrase to decrypt
the relevant Bid-part is submitted after the deadline of Bid submission.

24.9 All the information should be submitted in English language only. In case of foreign
bidders having documents in other than English language, then the documents shall be
translated in English language by certified translator and submitted.

24.10 Bidders shall mention the name of the contact person and complete address and
contact details of the Bidder in the covering letter.

24.11 Response to RfS that are incomplete, which do not substantially meet the requirements
prescribed in this RfS, will be liable for rejection by CSPDCL Response to RfS not
submitted in the specified formats will be liable for rejection by CSPDCL.

24.12 Bidders delaying in submission of additional information or clarifications sought will

be liable for rejection.

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24.13 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 CSPDCL of the
obligation of the Bidder to furnish the said data/ information unless the waiver is in
writing.

24.14 The Chhattisgarh Electricity Regulatory Commission shall be the appropriate

commission to exercise the regulatory and adjudicatory jurisdiction in regard to
matters between BESSD and CSPDCL. Subject to the above, only Chhattisgarh High
Courts shall have exclusive jurisdiction in all matters pertaining to this RfS.

24.15 All the financial transactions to be made with CSPDCL including delay charges
(except charges for delay in Financial Closure), and any additional charges (if
required), shall attract 18% GST on each transaction, irrespective of the same being
mentioned in the RfS/BESPA.

25 Non-Responsive Bid
The electronic response to RfS submitted by the bidder along with the documents
submitted online to CSPDCL shall be scrutinized to establish “Responsiveness of the
bid”. Each bidder‟s response to RfS shall be checked for compliance with the
submission requirements set forth in this RfS.
Any of the following conditions shall cause the Bid to be “Non-responsive”:
(a) Non-submission of the requisite Cost of RfS and/ or Processing Fee as mentioned
in the Bid Information Sheet.
(b) Response to RfS not received by the due date and time of bid submission.
(c) Non-submission of correct, valid and operative Pass-Phrases for both Technical
and Financial Bid (Price Bid) Parts after the deadline of Bid Submission, and
before the commencement of the Online Tender Opening Event (TOE) of
Technical Bid.
(d) Any indication of tariff in any part of response to the RfS, other than in the
financial bid.
(e) Data filled in the Electronic Form of Financial Bid (Second Envelope), not in line
with the instructions mentioned in the same electronic form.
(f) Except for the scenario as per Clause 5.1 above, in case it is found that the Bidding
Company including Ultimate Parent Company/ Parent Company/ Affiliate/ Group
Companies have submitted more than one response to this RfS, then all these bids
submitted shall be treated as non-responsive and rejected.
(g) Non-submission of EMD in acceptable form or partial submission of EMD along
with response to RfS
In any of the above cases, the bid shall not be considered for bid opening and
evaluation process.

34
 26 Method of Submission of Response to RfS by the Bidder
26.1 The bidder has to submit original of following documents offline:

a. Bank Guarantee towards EMD as mentioned in the Bid Information Sheet (as per
Format 7.3A/ 7.3D). One EMD may be submitted for the cumulative capacity quoted
by the bidder, or individual EMDs may be submitted for each Project.
b. Pass-phrases for Techno-commercial and Financial bids submitted on the CSPDCL portal.

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

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

Bank Guarantee against EMD needs to be submitted in both online and offline
modes. The bidders will be required to submit the bank guarantee, either in person or
through post, at the ED (RA&PM) office of CSPDCL till last date & time of bid
submission.

Note: In all cases, the Bank Guarantee against EMD (if applicable) shall be issued on
or before the bid submission deadline. These instruments issued after the expiry of the
deadline will be summarily rejected.

The bidding envelope shall contain the following sticker:

RfS for Procurement of 380 MW/760 MWh of Battery Energy Storage
Systems in Chhattisgarh under Tariff-based Competitive Bidding
Cumulative Capacity of 380 MW/ 760 MWh
The projects applied for
No .of Projects Bid for
RfS Reference No. RfS No. CSPDCL/BESS / Phase
Submitted by (Enter Full name and address of the Bidder)
Organization (Enter the OID through which the Bid has been
ID(OID)on Submitted online on CSPDCL portal)
ETS portal
Authorized Signatory (Signature of the Authorized Signatory) (Name of the
Authorized Signatory)(Stamp of the Bidder)
Office of the Executive Director(RA&PM)
Chhattisgarh State Distribution Co. Ltd.
Bid Submitted to 4thFloor, Sewa Bhawan, Danganiya, Raipur
Chhattisgarh-492001.Tel.:0771-2574441

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26.2 Documents to be Submitted Online

Detailed instructions to be followed by the Bidders for online submission of response

to RfS as stated as Annexure-C. The bidders shall strictly follow the instructions
mentioned in the electronic form in respective technical bid and financial bid while
filling the form.

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

All documents of the response to RfS submitted online must be digitally signed and
uploaded on the website, https://www.cspdcl.co.inResponse to RfS shall contain the
following:

I. Technical Bid (First Envelope)

The Bidder shall upload single technical bid containing scanned copies of the
following documents duly signed and stamped on each page by the authorized
signatory as mentioned below.
(a) Formats-7.1,7.2(if applicable),7.3A,7.4,7.5(if applicable),7.6,7.7,7.8/7.8A,
7.9,7.10 and 7.11 as elaborated in Clause24 of the RfS.
(b) All attachments elaborated in Clause 24 of the RfS, under the sub-clause k:
Attachments, with proper file names.
(c) All supporting documents regarding meeting the eligibility criteria.
(d) Scanned Copies of NEFT/RTGS details towards Cost of RfS Document and Bid
Processing Fee as mentioned in Bid Information Sheet.
(e) Scanned Copies of requisite amount of Bank Guarantee towards EMD as
mentioned in the Bid Information Sheet.
The Bidder will have to fill the Electronic Form provided at the CSPDCL
portal as part of Technical Bid.

II. Financial Bid (Second Envelope)

Bidders shall submit the single Financial Bid containing the scanned copy of
following document(s):
(a) Covering letter as per Format-7.12 of the RfS
(b) Preliminary Estimate of Cost of the Project as per Format 7.13 of the RfS

Only a single capacity charge (INR/MW/MONTH) for all the Projects applied
for, shall have to be filled online in the Electronic Form provided at the CSPDCL
portal. The instructions mentioned in the Financial Bid Electronic Form have to
be strictly followed without any deviation, else the bid shall be considered as non-
responsive.

36
 Important Note:
(a) The Bidders shall not deviate from the naming and the numbering formats of
envelops mentioned above, in any manner.
(b) In each of the envelopes (as part of online bid submission), all the documents
enclosed shall be indexed and flagged appropriately, with the index list
indicating the name of the document against each flag.
(c) All the envelopes shall be properly sealed with the signature of the Authorized
Signatory running across the sealing of the envelopes.
(d) In case the Bidder submits the online documents on CSPDCL within the bid
submission deadlines and fails to submit the offline documents in the office of
CSPDCL within the bid submission deadlines, the online bid of the Bidder shall
not be opened and shall be „archived‟ on the CSPDCL portal. Similarly, bids
submitted off line but without any online submission on CSPDCL portal shall
not be opened and the EMD shall be returned to the respective bidder.
(e) Tariff to be quoted in the Financial Bid shall be exclusive of GST (for
offering storage service). GST levied on the storage service being provided
by the Project, if any, shall be passed through to the CSPDCL.

27 Validity of the Response to RfS

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

28 Bid Preparation Cost

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

29 Clarifications/Pre-Bid Meeting/Enquiries/Amendments
29.1 Clarifications/ Doubts, if any, on RfS document may be emailed and/ or through
CSPDCL portal. The format for submission of clarifications is available on the portal.

29.2 CSPDCL will make effort to respond to the same in the Pre-Bid Meeting to be held as
mentioned in the Bid Information Sheet. A compiled list of such questionnaire and
CSPDCL‟s response will be uploaded in the CSPDCL portal https://www.bharat-If
necessary, amendments, clarifications, elaborations shall be issued by CSPDCL which
will be notified on CSPDCL/ ISN-ETS web site. No separate reply/ intimation will be
given for the above, elsewhere.

29.3 A Pre-Bid Meeting shall be held as mentioned in the Bid Information Sheet (Venue to
be notified later on CSPDCL‟s website).

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29.4 Enquiries/ Clarifications may be sought by the Bidder by contacting CSPDCL‟s
officials as per the details contained in the Bid Information Sheet.

30 Right of CSPDCL to Reject a Bid

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

31 Post Award Compliances

Timely completion of all the milestones i.e. signing of BESPA, meeting Financial
Closure Requirements/Conditions Subsequent (BESPA), Commissioning etc. will be
the sole responsibility of BESSD. CSPDCL shall not be liable for issuing any
intimations/ reminders to BESSDs for timely completion of milestones and/ or
submission of compliance documents.

Any checklist shared with BESSD by CSPDCL for compliance of above mentioned
mile stones to be considered for the purpose of facilitation only. Any additional
Documents required as per the conditions of Guidelines, RfS and BESPA must be
timely submitted by the BESSD.

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

32 General Eligibility Criteria

Bidders participating in the RfS will be required to meet the following eligibility
criteria (as applicable).

32.1 The Bidder must fall under either of the following categories:

i. A Company under the Companies Act, 2013.

ii. A Foreign Company under the respective nation‟s laws.
iii. Alternative Investment Funds(AIF)as registered under SEBI.“AIF”shall be as
defined by SEBI.
iv. A Consortium comprising the above entities.
The above would be subject to the relevant Acts, Rules, Guidelines, Orders and Policy
documents of the Government of India as amended from time to time.

32.2 A Consortium shall participate with one of the consortium partners as the Lead
Member. Consortium shortlisted and selected based on this RfS has to necessarily
form a Project Company and get it registered under the Companies Act, 2013 prior to
signing of BESPA, keeping the original shareholding of the Bidding Consortium
unchanged. In case applications for multiple Projects have been made by a
Consortium, separate Project Companies can be formed for each Project. For the
avoidance of doubt, it is hereby clarified that the shareholding pattern of the Project
Company shall be identical to the shareholding pattern of the Consortium as indicated
in the Consortium Agreement (Format 7.5).

32.3 In case of foreign company participating on standalone basis and its selection as
successful Bidder, it has to form a “Special Purpose Vehicle” (SPV), i.e. an Indian
Company registered under the Companies Act, 2013 as its subsidiary Company, with
at least 51% shareholding in the SPV, before signing of BESPA. In case a Foreign
Company is selected as the successful Bidder, it shall comply with all the laws and
provisions related to Foreign Direct Investment in India.

In case the foreign company participating as a member of consortium, Clause 32.7 of

the RfS shall be applicable.

32.4 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).

39
 b. “Bidder” in this reference, means any person or firm or company, including any
member of a consortium, every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency branch or office
controlled by such person, participating in this tender.
c. “Bidder from a country which shares a land border with India” for the purpose of
this clause, means:
I An entity incorporated, established or registered in such a country; or
II A subsidiary of an entity incorporated, established or registered in such a
country; or
III An entity substantially controlled through entities incorporated,
established or registered in such a country; or
IV An entity whose beneficial owner is situated in such a country; or
V An Indian (or other) agent of such an entity; or
VI A natural person who is a citizen of such a country; or
VII A consortium where any member of the consortium falls under any of the
above.
d. In support of the above, the Bidder shall be required to submit necessary
Undertaking, as per Format 7.8/7.8A of the RfS.
e. Other provisions of the referred OM dated 23.07.2020, except Sl. 11 of the OM,
will also be applicable for this tender. Any interpretation of the above clauses will
be made in line with the referred OM, including subsequent amendments and
clarifications thereto.

32.5 Limited Liability Partnership (LLPs) are not eligible for participation.

32.6 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 at least 51% shareholding in the SPV which has to be
registered under the Indian Companies Act, 2013, before signing of BESPA.

32.7 Any consortium, if selected as Successful Bidder for the purpose of supply of power
to CSPDCL, shall incorporate a Project company with equity participation by the
Members in line with consortium agreement (to be submitted along with the response
to RfS) before signing of BESPA with CSPDCL, i.e. the Project Company
incorporated shall have the same share holding 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 BESPA and the Controlling Shareholding (held by the
LeadMemberholdingnotlessthan51%ofthevotingrightsandpaidupsharecapital) shall not
change from submission deadline of response to RfS up to COD of the Project.
Transfer of controlling shareholding within the same group of companies will
however be allowed prior to COD with the permission of CSPDCL, subject to the
condition that, the management control remains within the same group of companies.

40
32.8 The Bidder or any of its Affiliates should not be a willful defaulter to any lender.
Further, the Bidder & any of its Affiliate including any Consortium Member & any of
its Affiliate, their directors should not have been barred or included in the blacklist by
any government agency or authority in India, the government of the jurisdiction of the
Bidder or Members where they are incorporated or the jurisdiction of their principal
place of business, any international financial institution such as the World Bank
Group, Asian Development Bank, African Development Bank, Inter-American
Development Bank, Asian Infrastructure Investment Bank etc. or the United Nations
or any of its agencies. The Bidder shall submit an undertaking to this effect.

32.9 For avoidance of doubt, it is clarified that the fully owned subsidiary Company as
mentioned in Clauses 32.3 and 32.6 above should be an immediate subsidiary of the
bidder, without any intermediaries involved. The following illustrations are provided
to clarify the same:

Scenario1:
Bidder

Min.51%shareholding

Entity A(Project Company/SPV)

Scenario2:

Bidder

Min.51%(or any other%)shareholding

Entity A(Intermediary)

Min.51%shareholding

Entity B(Project Company/SPV)

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

33 Technical Eligibility Criteria

33.1 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

41
 7.10 of the RfS.The technology proposed at the time of submission of response to RfS
can be changed at the time of Financial Closure.

33.2 Not used.

33.3 The Bidder is required to undertake to furnish evidence of meeting the above criteria
in line with provisions of Clause 20 of the RfS. The undertaking shall be submitted as
per enclosed Format 7.9 of the RfS.

33.4 The Projects shall also comply with the performance criteria as detailed in Clause 8 of
the RfS.

34 Financial Eligibility Criteria

34.1 Net-Worth/Asset Under Management(AUM)or Investible Funds
a. The Net Worth of the Bidder shall be equal to or greater than INR 74,00,000/MW
(Rupees Seventy-Four Lakhs / MW) of the quoted capacity (in MW), as on the last
date of previous Financial Year, i.e. FY 2024-25 or as on the day at least 7 days prior
to the bid submission deadline. For. eg., for a 760 MWh (380 MW x 2 hrs) project
capacity, the minimum Net Worth requirement to be demonstrated shall be Rs.74 lakh
x 380 MW. In case of the Bidder being a SEBI registered AIF, the cumulative value of
Assets Under Management (AUM) with minimum requirement of Rs 74 lakhs / MW
shall be demonstrated. In this context, AUM shall mean the amount as certified by the
Statutory Auditor of the AIF.
b. The net-worth/value of AUM to be considered for the above purpose will be the
cumulative net-worth of the Bidder/AIF or consortium members. Except in the case of
AIFs, the Bidder may seek qualification on the basis of financial capability of its
Affiliate(s) for the purpose of meeting the Net Worth criteria as per the RfS. In case of
the Bidder being a Bidding Consortium, any Member may meet the above criteria on
the basis of financial capability of its Affiliate(s). In both cases, such Affiliates shall
undertake to contribute the required equity funding and performance bank guarantees
in case the bidder(s) fail to do so in accordance with the RfS.
c. Net Worth to be considered for this clause shall be the total Net Worth as calculated in
accordance with the Companies Act, 2013 and AUM or investible funds to be
considered under this clause will be calculated in accordance with applicable SEBI
(AIF) Regulations.
34.2 Except for AIFs, the Bidder may seek qualification on the basis of financial capability
of its Affiliate(s) for the purpose of meeting the qualification requirements as per
Clauses 39.1 above subject to clause no 39.9.
34.3 In case of the Bidder being a Bidding Consortium, any Member (except an AIF) may
seek qualification on the basis of financial capability of its Affiliate(s). In such cases,
the Bidder shall be required to submit Board Resolutions from the respective
Affiliate(s), undertaking to contribute the required equity funding and Performance
Bank Guarantees in case the Bidder(s) fail to do so in accordance with the RfS. In case
of non-availability of the Board Resolution as required above, a letter from the
CEO/Managing Director of the respective Affiliate(s), under taking the above, shall be

42
 required to be submitted and the requisite Board Resolution from the Affiliate(s) shall
be required to be submitted prior to signing of BESPA.

34.4 For the purposes of meeting financial requirements, only latest unconsolidated audited
annual accounts shall be used. However, audited consolidated annual accounts of the
Bidder maybe 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.
34.5 A Company/Consortium would be required to submit annual audited accounts for the
last financial year,2022-23, or as on the day at least7days prior to the bid submission
deadline, along with net worth from a practicing Chartered Accountant/ Statutory
Auditor to demonstrate fulfillment of the criteria. In case of foreign companies, the
Bidders shall be required to submit the annual audited accounts for the last respective
financial year as per the general norm in the country where the Bidder or its
Affiliate(s)is/are located, or provisional accounts as on the day atleast 7 days prior to
the bid submission deadline.
In case Final Audited Annual Accounts for the last financial year are not available,
then CSPDCL shall accept the Provisional Accounts which are duly certified by a
practicing Chartered Accountant of India and at least two directors or one director
and the company secretary. Provided that an undertaking signed by at least two
directors or one director and the company secretary is submitted by the bidder
confirming that Final Audited Annual Accounts for the last financial year are not
available as on date of bid submission.

Note: In case of foreign Bidders, in the event the Bidder is unable to furnish the audited
annual accounts for the previous financial year as per the prevalent norm in the respective
country, the Bidder shall submit the annual audited accounts of the last financial year for
which the audited accounts are available. This, however, would be acceptable, subject to the
condition that the last date of response to this RfS falls on or within the deadline for
completion of audit of annual accounts of companies, as stipulated by the laws/rules of the
respective country, and the Bidder shall submit the corresponding documentary evidence
against the same. In case the annual accounts or provisional accounts as on the day at
least7days 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.

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

34.7 In case of any currency for which RBI reference rate is not available, Bidders shall
convert such currency into USD as per the exchange rates certified by their banker
prevailing on the relevant date and used for such conversion. After such conversion,
Bidder shall follow the procedure/ submit document as elaborated in Clause 34.6
above.
34.8 In case the response to RfS is submitted by a Consortium, then the financial
43
 requirement (the Net-Worth) to be met by each Member of the Consortium shall be
computed in proportion to the equity commitment made by each of them in the Project
Company. For example, if two companies A and B form a Consortium with equity
participationin70:30 ratio sand submit their bid for a capacity of 760 MWh (380 MW
x 2hrs), then, total Net-Worth to be met by the Consortium is Rs. 74 Lakh x 380 MW
= Rs. 281.2 Crores. Minimum requirement of Net-Worth to be met by Lead Member
A would be minimum Rs. 196.84 Crores and to be met by Consortium Member B
would be Rs. 84.36 Crores.

34.9 For the limited purpose of meeting the technical and financial eligibility criteria, in
addition to using credentials of the Affiliates having more than 50% shareholding in
the Bidding Company, the Bidder may use credentials of those Affiliates who do not
control more than 50% of the bidding company, subject to the following:
a. The qualification criteria parameters will be met proportionately to the equity
contribution of the entity whose credentials are being used to meet the requirement.
For example, in case of Net Worth requirement being Rs 100 Crore and the
strength of an Affiliate is used which owns 30% of the total shareholding in the
bidder, the said Affiliate should be able to meet up to Rs 30 Crore of the Net
Worth.
b. In case the strength of an Affiliate is being used for meeting the eligibility criteria,
shareholding pattern of the respective Affiliate will be locked-in up to COD of the
Project.

44
 SECTION 5.
BID EVALUATION AND SELECTION OF PROJECTS
35 Bid Evaluation
Bid evaluation will be carried out considering the information furnished by Bidders as
per provisions of this RfS. The detailed evaluation procedure and selection of bidders
are described in subsequent clauses in this Section.

36 Techno-Commercial Evaluation of Bidders (Step1)

36.1 The first envelope (Technical Bid submitted online) of only those bidders will be
opened by CSPDCL whose required documents as mentioned at Clause 30 of the RfS
are received by CSPDCL. Bid opening (online) will be done only after the deadline
for submission of Bank Guarantee (if applicable) and/or DDs/Pay order against Cost
of RfS document and Bid Processing Fee.

For e.g., if the bid submission deadline is 14:00 hrs on the online bid opening will be
conducted on. In case of the above deadline being a holiday, the bids will be opened
on the next working day.

36.2 Subject to Clause 26 of the RfS, CSPDCL will examine all the documents submitted
by the Bidders and ascertain meeting of eligibility conditions prescribed in the RfS.
During the examination of the bids, CSPDCL may seek clarifications/additional
documents to the documents submitted etc. from the Bidders if required to satisfy
themselves for meeting the eligibility conditions by the Bidders. Bidders shall be
required to respond to any clarifications/additional documents sought by CSPDCL
within 02 (two) days from the date of such intimation from CSPDCL. All
correspondence in this regard shall be made through email/ISN-ETS portal only. It
shall be the responsibility of the Bidder to ensure that the email id of the authorized
signatory of the Bidder is functional. The Bidder may provide an additional email id
of the authorized signatory in the covering letter. No reminders in this case shall be
sent. It shall be the sole responsibility of the Bidders to remove all the discrepancies
and furnish additional documents as requested. CSPDCL shall not be responsible for
rejection of any bid on account of the above.

36.3 The response to RfS submitted by the Bidder shall be scrutinized to establish Techno-
Commercial eligibility as per the RfS.

37 Financial Bid Evaluation(Step2)

37.1 In this step evaluations of Techno-Commercially Qualified Bids shall be done based
on the capacity charges, or the “First Round Tariff”, quoted by the Bidder in the
Electronic Form of Financial Bid. After this step, the shortlisted bidders shall be
invited for the Reverse Auction. The “tariff” in this section, will refer to the
capacity charges quoted by the bidders.
37.2 Second Envelope (containing First Round Tariff) of only those bidders shall be Opened whose
technical bids are found to be qualified as per the RfS.

45
37.3 The Bidder including its Parent, Affiliate or Ultimate Parent or any Group Company
will have to submit a single bid (single application) quoting a single tariff (capacity
charges) in Indian Rupee per MW per month for all the Projects applied for. The tariff
has to be quoted in Indian Rupee per MW per month in whole numbers only (no
decimal places allowed). If it is quoted with any decimal places, the digits in the
decimal places shall be ignored. (For e.g. if the quoted tariff is INR450.34/MW/Month,
then it shall be considered as INR450/MW/Month).

37.4 In this step, evaluation will be carried out based on tariff quoted by the Bidders.

37.5 On completion of Techno-commercial bid evaluation, if it is found that only one

Bidder is eligible for the next stage OR if only one qualified bid is received, the
opening of the financial bid of the Bidder may be done with consent of Appropriate
Commission.

37.6 If the first-round tariff quoted is same for two or more Bidders, then all the Bidders
with same tariff shall be considered of equal rank/ standing in the order.

37.7 All Bidders with same tariff shall be eligible for reverse auction round (provided their
rank is equal to or less than nth Bidder as mentioned in Clause 37.8 of the RfS.

37.8 Ranking of bidders after Financial Bid Evaluation: Following illustrates an example of
ranking of bidders after financial bid opening and evaluation

Bidder Submitted Financial Bid Ranking

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

38 Reverse Auction(Step3)
38.1 The reverse auction for the total tendered capacity shall be conducted on the portal
https://www.cspc.co.in, on the day as intimated by CSPDCL to the eligible Bidders.

38.2 The Total eligible Bidders for the reverse auction shall be decided as mentioned
below: Assuming

46
T=Total Techno-Commercially Qualified Bidders, and
Sk=Cumulative capacity till the„ k‟th serial number bidder (not the „k‟th rank bidder)
after ranking is done in ascending order from the lowest price bid, or “L1bid” onwards
S E= (i) Incase125 MW ≤ ST≤ 250MW,SE=250 MW
(Eligiblecapacity (ii) IncaseST>250 MW,SE=250 MW
for Intend)

Total eligible Bidders for e-Reverse Auction

i. In case SE≤380MW: all the techno-commercially qualified bidders whose financial
bids are in line with the RfS provisions, will be shortlisted for e-RA. Accordingly,
the no. of bidders shortlisted for e-RA, i.e., “n” = “T”.

ii. In case SE >380 MW: The lowest ranked bidder, i.e. the bidder quoting the highest
tariff (the “H1 bidder”) shall be eliminated at this stage, and the remaining techno-
commercially qualified bidders whose financial bids are in line with the RfS
provisions, will be shortlisted for e-RA.
Accordingly, the no.of bidders shortlisted for e-RA,i.e.,“n”=“T”-1
Note:
(a) In case more than one bidder is ranked as “H1” bidder, i.e. such bidders are at the
same tariff, all such bidders will be eliminated at this stage.
(b) The above elimination will take place subject to the condition that the total bid
capacity after such elimination remains more than 380 MW. In the contradictory
scenario, no elimination will take place at this stage.

Fore.g.(Shortlisting of Bidders for reverse auction):

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

1 B8 L1 100 B8
2 B5 L2 380 B5
380
3 B1 L3 140 5 4* B1
MW
4 B4 L3 100 B4
5 B2 L4 100
*n =5-1=4 as per the above formula.
Scenario-2:Total bid capacity of techno- commercially shortlisted bidders=ST=750 MW

S. Techno commercially Capacity Shortlisted

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

1 B8 L1 250 B8
500
2 B5 L2 250 3 3 B5
3 B1 L3 250 MW B1
*since if n=T-1,total capacity is not more than 250MW,n=3 as per the above formula

47
38.3 After opening of Financial Bids and at least two hours before the scheduled start time
of Reverse Auction on the same day,a system generated email for invitation for
Reverse Auction will be sent to those bidders who have been shortlisted for Reverse
Auction based on the criteria mentioned at Clause 38.2 above.

38.4 Shortlisted bidders for Reverse Auction will be able to login into the ISN-ETS portal
of reverse auction 15 minutes before the start time of reverse auction.
a. During the 15 minutes prior to start of reverse auction process, the respective
tariff of the bidder shall be displayed on its window.
b. The minimum decrement value for tariff shall be INR 1000 per MW per Month.
The Bidder can mention its revised discounted tariff which has to be at least Rs.
1000/MW / Month less than its current tariff.
c. Bidders can only quote any value lower than their previous quoted tariff taking
into consideration the minimum decrement value mentioned in the previous
clause. However, at any stage, increase in tariff will not be permissible. Bidders
can improve their ranking by quoting the tariff lower than their last quoted tariff.
d. During reverse auction, the Bidder shall not have the option of changing the total
project capacity while quoting tariff during reverse auction.
e. In the bidder‟s bidding window, the following information can be viewed by the
bidder:
• Its tariff as the initial start price and there after last quoted tariff along with
the project capacity for which the Bidder is qualified.
• The list of all the Bidders with their following details: Pseudo Identity, last
quoted tariff and project capacity
f. The initial auction period will be of 30 (thirty) minutes with a provision of auto
extension by5 (five) minutes from the scheduled/ extended closing time. Such auto
extension shall be effected if by way of reduction in tariff, a Bidder causes a change
in its zonal placement at that instant. The „zones‟ are as defined below:
i. Green Zone: This zone consists of the Bidders who may be allocated their
full quoted Project capacity, subject to provisions of Clause 38, if the
auction is closed at that instant.
ii. Yellow Zone: This zone consists of the Bidders who may be allocated a part
of their full quoted Project capacity if the auction is closed at that instant.
iii. Red Zone: This zone consists of the Bidders who will not be awarded their
quoted Project capacity, subject to provisions of Clause 38,if the auction is
closed at that instant.

If no such change as described above is effected during the last 5 minutes of

auction period or extended auction period, then the reverse auction process will
automatically get closed.

48
 39 Selection of Successful Bidders
39.1 Subsequent to conclusion of the e-RA process, the bidders in the “Green” and
“Yellow” zones as per Clause 43.4.f. above, will be listed in the increasing order of
the tariffs discovered at the end of e-RA.

39.2 The bidders who fall within the range of (and including) the lowest tariff (L1 tariff) +
2% of the L1 tariff-hereinafter referred to as “the range”- will be declared as
Successful Bidders under the RfS, subject to the following conditions:

i. In case the cumulative capacity shortlisted as per the range exceeds S E (capacity
eligible for Award as per Clause 38.2 above), the list of Successful Bidders shall
be limited by SE.
ii. In a borderline case, i.e. the scenario wherein more than one bidder is eligible to be
declared as Successful Bidder at the highest tariff (the tariff at the end of the
range), and the cumulative capacity exceeds SE, time stamping of bidders shall be
used to limit allocation of cumulative capacity up to SE. In such cases, those
bidders who are at the same tariff, but they are ranked lower than the ones which
fall within the cumulative capacity limit of SE, will not be eligible to be declared
as Successful Bidders.

In other words, in every possible scenario, the total capacity to be Awarded under
the RfS shall be limited to SE.
iii. Time stamping- In case of a tie among two or more Bidders (i.e. their last quoted
tariff being the same), they will be considered in the chronological order of their
last quoted tariff during the e-RA with preference to be given to that Bidder who
has quoted his last tariff during the e-RA, earlier than others.
iv. In the above case, if the time of quoteal so become exactly same among the Bidders
at a tie, then the ranking among these Bidders shall be done as follows:

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

 Step2: Ranking will be done based on draw of lots.

39.3 Illustration: Following example provides a possible illustration of the above
methodology:
• L1tariff discovered aftere-RA:Rs.250/MW/Month
• The range(L1+2%of L1):Rs. 255/MW/Month

49
 Quoted Cumulative Qualified as
Time Tariff
Rank Capacity Capacity Successful
stamp (INR/MW/
(MW) (MW) Bidder
Month)
L1 150 150 NA 250 L1
L2 250 400 16:00:01 255 L2
L2 140 540 16:00:02 255 ---
L3 130 670 NA 260 ---
L4 150 820 NA 270 ---

39.4 Note: The allocation of cumulative project capacity shall be closed at SE. In case of
the last selected Bidder, if the balance project capacity is less than the total capacity
mentioned by the bidder, then the capacity allotment shall be as per Clause 39.6 of the
RFS.

39.5 Not used.

39.6 In case the partial capacity is offered to the last Successful Bidder as per Clause 38.2
above and such partial capacity allotment is less than 50% of the quoted capacity of
the bidder, the bidder shall have option to exit from such lower capacity allotment.
However, it shall be mandatory for the last Bidder to accept the partial capacity less
than 50% of its quoted capacity if such capacity allotment is 70 MW or above. In case
the last Bidder refuses to accept partial capacity offered by CSPDCL as above, the
Bank Guarantee(s) against EMD submitted by such Bidder shall be encashed by
CSPDCL.

40 Issuance of LOIs
a) At the end of the selection process, a Letter of Intent (LOI) will be issued to the
successful Bidders for each Project. In case of a Consortium being selected as the
successful Bidder, the LOI shall be issued to the Lead Member of the Consortium.
b) CSPDCL reserves the right to annul the bid process without any financial
implications to any of the parties concerned.
c) In all cases, CSPDCL‟s decision regarding selection of Bidder through Reverse
Auction or other- wise based on tariff or annulment of tender process shall be
final and binding on all participating bidders.
d) BESPA to be signed between BESSD & Procurer (CSPDCL) for Awarded capacity
after adoption of tariff or any other extended date as mutually agreed
betweenCSPDCLandthesuccessfulbiddersotherwisetheAwardedcapacityshall stand
cancelled.

50
 SECTION-6.
DEFINITIONS OF TERMS
41 Following terms used in the documents will carry the meaning and
interpretations as described below:
41.1 "ACT"or"ELECTRICITYACT,2003"shallmeantheElectricityAct,2003and
include any modifications, amendments and substitution from time to time.
41.2 “AFFILIATE “shall mean accompany that, directly or indirectly,
i. controls, or
ii. is controlled by, or
iii. is under common control with, a company developing a Project or a Member in
a Consortium developing the Project and control means ownership, directly or
indirectly, of more than 50%(fifty percent) of the voting shares of such company or
right to appoint majority Directors.
41.3 “APPROPRIATE COMMISSION” shall mean as Chhattisgarh Energy
Regulatory Commission (CSERC).

41.4 “AVAILABILITY” shall mean as defined in Clause8 of the RfS.

41.5 “BATTERY ENERGY STORAGE SYSTEMS” or “BESS” shall mean the

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

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

“DEVELOPER” or “PROJECT DEVELOPER” shall mean the entity
owning/operating the BESS facility for supply of power under the BESPA, and
shall refer to the Bidding Company or a Bidding Consortium participating in the
bid and having been selected and allocated a Project capacity by CSPDCL
(through a competitive bidding process), including the SPV formed by
theselectedbidder/consortiumforthepurposeofsettingupoftheProjectandsigning of
BESPA with CSPDCL.

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

shall mean the agreement signed between the Selected Bidder/BESSD and
CSPDCL for procurement of capacity from the BESS, as per the terms and
conditions of the standard BESPA enclosed with this RfS.
41.8 (Not used).

41.9 “BID” or “PROPOSAL” shall mean the documents submitted by the Bidder
towards meeting the techno-commercially and financial qualifying requirements,
along with the price bid submitted by the Bidder as part of its response to the RfS
issued by CSPDCL.
41.10 “BIDDER” shall mean Bidding Company (including a foreign company) or a
Bidding Consortium submitting the Bid. Any reference to the Bidder includes

51
 Bidding Company/ Bidding Consortium, Member of a Bidding Consortium
including its successors, executors and permitted assigns and Lead Member of the
Bidding Consortium jointly and severally, as the context may require; foreign
companies participating in the bidding process shall be registered as companies as
per the rules of their country of origin.

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

Companies that collectively submit the response in accordance with the provisions
of this RfS under a Consortium Agreement.
41.12 “BID CAPACITY” shall mean aggregate project capacity of the Battery Energy
Storage System(s) as proposed by the Bidder.

41.13 CSPDCL” Chhattisgarh State Electricity Distribution Co. Ltd.,

41.14 “CHARTERED ACCOUNTANT” shall mean a person practicing in India or a

firm whereof all the partners practicing in India as a Chartered Accountant(s)
within the meaning of the Chartered Accountants Act, 1949.
For bidders incorporated in countries other than India, “Chartered
Accountant” shall mean a person or a firm practicing in the respective
country and designated/ registered under the corresponding Statutes/ laws of
the respective country.

41.15 “COMPANY” shall mean a body corporate incorporated in India under the
Companies Act, 2013 or any law in India prior thereto relating to Companies, as
applicable.
41.16 “COMCSERCIAL OPERATION DATE(COD)” shall mean the date as defined
in Clause 21 of the RfS.

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

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

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

52
41.19 “CONTROL” shall mean the ownership, directly or indirectly, of more than 50%
(fifty percent) of the voting shares of such Company or right to appoint majority
Directors.

41.20 “CONTROLLING SHAREHOLDING” shall mean more than 50% of the

voting rights and paid up share capital in the Company/ Consortium.

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

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

41.22 “DAY” shall mean calendar day.

41.23 “EFFECTIVEDATE” This Agreement shall come into effect from the date of signing
by both parties and such date shall be referred to as the Effective Date.
41.24 “EQUITY “shall mean Net Worth has defined in Companies Act,2013.

41.25 “FINANCIAL CLOSURE” or “PROJECT FINANCING ARRANGEMENTS”

means arrangement of necessary funds by the BESSD towards 100% Project Cost
either by way of commitment of funds by the Company from its internal resources
and/or tie up of funds through a bank/ financial institution by way of sanction of a
loan or letter agreeing to finance;
41.26 “GUIDELINES” shall mean “Guidelines for Procurement and Utilization of
Battery Energy Storage Systems as part of Generation, Transmission and
Distribution assets, along with Ancillary Services” issued by Ministry of Power
vide Gazette Resolution dated 10.03.2022, including subsequent amendments and
clarification thereof, if any, issued until the last date of bid submission of this RfS.

41.27 “GROUP COMPANY” of a Company means

a. a Company which, directly or indirectly, holds 10% (Ten Percent) or more of the
share capital of the Company or;
b. a Company in which the Company, directly or indirectly, holds10%(Ten Percent) or
more of the share capital of such Company or;
c. a Company in which the Company, directly or indirectly, has the power to direct or
cause to be directed the management and policies of such Company whether through
the ownership of securities or agreement or any other arrangement or otherwise or;
d. a Company which, directly or indirectly, has the power to direct or cause to be
directed the management and policies of the Company whether through the
ownership of securities or agreement or any other arrangement or otherwise or;
e. a Company which is under common control with the Company, and control means
ownership by one Company of at least 10% (Ten Percent) of the share capital of the
other Company or power to direct or cause to be directed them an agreement and
policies of such Company whether through the ownership of securities or agreement
or any other arrangement or otherwise;
Provided that entities which have Government shareholding, financial institution,

53
 scheduled bank, foreign institutional investor, Non-Banking Financial Company,
and any mutual fund, pension funds and sovereign funds shall not be deemed to be
Group Company, and its shareholding and the power to direct or cause to be directed
the management and policies of a Company shall not be considered for the purposes
of this definition unless it is the Project Company or a Member of the Consortium
developing the Project.

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

Mean a single point at the 33/11 kV Substation of the CSPDCL network, at the
voltage level of 33kV, where the power from the Project(s) is injected into the grid
(including the dedicated transmission line connecting the Projects with the
substation system) as specified in the RfS. Metering shall be done at this
interconnection point where the power is injected into. For interconnection with
grid and metering, the BESSDs shall abide by the relevant CERC/ CSERC
Regulations, Grid Code and Central Electricity Authority (Installation and
Operation of Meters) Regulations, 2014 as amended and revised from time to
time.
41.29 “JOINT CONTROL” shall mean a situation where a company has multiple
promoters (but none of the shareholders has more than 50% of voting rights and
paid up share capital).
41.30 “LEAD MEMBER OF THE BIDDING CONSORTIUM” or “LEAD
MEMBER”: There shall be only one Lead Member, having the shareholding of
not less 51% in the Bidding Consortium.
Note: The shareholding of the Lead member in the Project Company (Special
Purpose Vehicle) cannot be changed till 01 (one) year after the Commercial
Operation Date (COD) of the Project.

41.31 “LETTER OF INTENT” or “LOI” shall mean the letter issued by Chhattisgarh
State Electricity Distribution P Limited (CSPDCL) to the selected Bidder for
Award of the Project.

41.32 “LIMITED LIABILITY PARTNERSHIP” or “LLP” shall mean

Company governed by Limited Liability PartnershipAct2008 or as amended.
41.33 “LLC” shall mean Limited Liability Company.
41.34 “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.
41.35 “MONTH” shall mean calendar month.

41.36 “NET-WORTH” shall mean the Net-Worth as defined section 4of the Companies
Act, 2013.
41.37 “PAID-UP SHARE CAPITAL” shall mean the paid-up share capital as defined in
Section 4 of the Companies Act, 2013.
41.38 “PARENT” shall mean a Company, which holds more than 50%voting right sand

54
 paid up share capital, either directly or indirectly in the Project Company or a
Member in a Consortium developing the Project.

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

41.40 “PROJECT CAPACITY” shall mean the maximum AC capacity at the delivery
point that can be scheduled from the Project.
41.41 “PROJECT COMMISSIONING”: The Project will be considered as
commissioned in line with the Commissioning procedure defined in the RfS/BESPA
and upon certification thereof by MEDA.
41.42 “PROJECT LOCATION” shall mean the area identified by the BESSD,
comprising village(s), Tehsil(s)/Taluk(s) and District(s) within Chhattisgarh where
the Project is being implemented.
41.43 “POWER ON DEMAND” shall mean the requirement of CSPDCL to charge and
discharge the BESS based on its requirements during the time of day, subject to
provisions of the RfS and BESPA.

41.44 “RENEWABLE ENERGY (RE) POWER” shall mean power from a RE Power
generation facility.
41.45 “RfS” or “RfS DOCUMENT” or “BIDDING DOCUMENT(S)” or “TENDER
DOOCUMENTS” shall mean the “Request for Selection” document issued by
CSPDCL including standard Battery Energy Storage Purchase Agreement, along with
subsequent clarifications and amendments thereof, vide RfS No. CSPDCL-2025-
TN0000…dated ............. 2025.

41.46 Not Used

41.47 “SCHEDULED COMMISSIONING DATE” or “SCD” shall be the date as
indicated in Clause 9.2 of the RfS.
41.48 “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 BESPA.

55
41.49 “STATE TRANSMISSION UTILITY” or “STU” shall mean Chhattisgarh State
Electricity Transmission Corporation Limited (CSPTCL).
41.50 “TOE” shall mean Tender Opening Event.
41.51 “ULTIMATE PARENT” shall mean a Company, which owns more than 50%
(Fifty Percent) voting rights and paid up share capital, either directly or indirectly in
the Parent and Affiliates;
41.52 “WEEK” shall mean calendar week;

56
 SECTION7.
SAMPLE FORMS & FORMATS FOR BID SUBMISSION
The following formats are required to be submitted as part of the RfS. These formats are
designed to demonstrate the Bidder’s compliance with the Qualification Requirements set
forth in Section 4 and other submission requirements specified in the RfS.

Format7.1
COVERING LETTER

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

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

Consortium)

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

To,
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in

Sub: Response to RfS No.………..dated…………..for ..................................... (Insert title of

the RfS)
Dear Sir/Madam,
We, the undersigned [insert name of the “Bidder‟] having read, examined and
understood in detail the RfS including Qualification Requirements in particular, terms and
conditions of the standard BESPA for availability of Contracted Capacity for the Term of the
BESPA to CSPDCL, hereby submit our response to RfS.
We confirm that in response to the aforesaid RfS, neither we nor any of our Ultimate Parent
Company/Parent Company/Affiliate/Group Company has submitted response to RfS other
than this response to RfS, directly or indirectly, in response to the aforesaid RfS (as
mentioned in Format 7.8 under Disclosure) OR We confirm that in the response to the
aforesaid RfS, we have a Group Company who owns more than 10% but less than 26% in the

57
Bidding company as well as other companies who may participate in this RfS, and
accordingly, we have submitted requisite undertaking as per Format7.8A in this regard [strike
out whichever not applicable].
We also confirm that we including our Ultimate Parent Company/ Parent Company/ Affiliate/
Group Companies directly or indirectly have not submitted response to RfS for more than
cumulative capacity of 380MW/760 MWh, including this response to RfS.
We are submitting response to RfS for the development of following Project(s) [strikeout one
of the projects if not applicable]: -

Project
Contracted capacity offered Interconnection Point Details
Preference*

*The preferences of the Projects shall be considered only for the last successful bidder whose
total quoted capacity is more than the balance capacity. In this case, allocation will be done as
described in Clause 39.3 of the RfS, subject to availability of such project after selection by other
bidders having rank better than the last bidder.

1. We give our unconditional acceptance to the RfS,dated ............................... [Insert date

in dd/mm/yyyy], standard BESPA documents attached thereto, issued by CSPDCL. In
token of our acceptance to the RfS and BESPA documents along with the amendments
and clarifications issued by CSPDCL, the same have been digitally signed by us and
enclosed with the response to RfS. We shall ensure that the BESPA is executed as per
the provisions of the RfS and provisions of BESPA and shall be binding on us.
Further, we confirm that the Project shall be commissioned within the deadline as per
Clause 9 of the RfS.

2. Earnest Money Deposit(EMD):-(Please read Clause16 carefully before filling)

We have enclosed EMD of INR…………. (Insert Amount), in the form of Bank
Guarantee no….............[Insert bank guarantee number] dated ................ [Insert date of
Bank guarantee] as per Format7.3Afrom ................... [Insert name of bank providing
Bank guarantee]and valid upto .................. in terms of Clause No.16 of this RfS. The
Total capacity of the BESS Project offered by us is..................MW/.................... MWh.
[Insert cumulative capacity proposed]. (Strike off whichever is not applicable).

3. We hereby declare that in the event our Project(s) get selected and we are not able to
submit Bank Guarantee of the requisite value(s) towards PBG, Success charge for the
selected Projects, within due time as mentioned in Clauses 16 & 17 of this RfS on
issue of LOA by CSPDCL for the selected Projects and/or we are not able to sign
BESPA with CSPDCL within the timeline as stipulated in the RfS for the selected
Projects, CSPDCL shall have the right to take action as per provisions of Format-
7.3A of the RfS.

58
4. We have submitted our response to RfS strictly as per Section 7 (Sample Forms and
Formats) of this RfS, without any deviations, conditions and without mentioning any
assumptions or notes in the said Formats.
5. Acceptance:-
We here by unconditionally and irrevocably agree and accept that the decision made
by CSPDCL in respect of any matter regarding or arising out of the RfS shall be
binding on us. We hereby expressly waive and withdraw any deviations from the
provisions of the RfS and also waive and withdraw all claims in respect of this
process.
We also unconditionally and irrevocably agree and accept that the decision made by
CSPDCL in respect of Award of Projects according to our preference order as above
and in line with the provisions of the RfS, shall be binding on us.
6. Familiarity with Relevant Indian Laws, Regulations and Orders:-
We confirm that we have studied the provisions of the relevant Indian Laws,
Regulations and Order issued by judicial bodies as required to enable us to submit this
response to RfS and execute the BESPA, in the event of our selection as Successful
Bidder.

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

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

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

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

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

12. Contact Person

Details of the representative to be contacted by CSPDCL are furnished

as under:

59
 Name :……………………………………
Designation : ……………………………………
Company : ……………………………………
Address : ……………………………………
Phone Nos. : ……………………………………
Mobile Nos. : ……………………………………
Fax Nos. : ……………………………………
E-mail address: ……………………………………

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

Dated the _day of ,20….

Thanking you,
we remain,
Yours faithfully,

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

60
 Format 7.2
FORMAT FOR POWER OF ATTORNEY
(Applicable Only in case of Consortiums)
(To be provided by each of the other members of the Consortium in favor of the Lead Member)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

KNOW ALL MEN BY THESE PRESENTS THAT M/s .......................................... having its
registered office at ………………………….……., …., and M/s …………………….….
having its registered office at ......................................................., (Insert names and registered
offices of all Members of the Consortium) the Members of Consortium have formed a Bidding
Consortium named ……………………. (insert name of the Consortium if finalized)
(hereinafter called the „Consortium‟) vide Consortium Agreement
dated……….……………… and having agreed to appoint
M/s……………………………..…as the Lead Member of the said Consortium do hereby
constitute, nominate and appoint M/s…………….…………..a company incorporated under
the laws of ……….………and having its Registered/ Head Office at
……………………..……….as our duly constituted lawful Attorney (hereinafter called as
Lead Member) to exercise all or any of the powers for and on behalf of the Consortium in
regard to submission of the response to RfS No……………..
We also authorize the said Lead Member to undertake the following acts:

i) To submit on behalf of Consortium Members response to RfS.

ii) To do any other act or submit any information and document related to the above
response to RfS Bid.
It is expressly understood that in the event of the Consortium being selected as Successful
Bidder, this Power of Attorney shall remain valid, binding and irrevocable until the Bidding
Consortium achieves execution of BESPA.
We as the Member of the Consortium agree and undertake to ratify and confirm all whatsoever
the said Attorney/ Lead Member has done on behalf of the Consortium Members pursuant to
this Power of Attorney and the same shall bind us and deemed to have been done by us.
IN WITNESS WHEREOF M/s .......................................................................... , as the Member
of the Consortium have executed these presents on this………. day of under the Common
Seal of our company.
For and on behalf of Consortium Member

M/s………………………….

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

(Name
Designation

61
Place:
Date:)
Accepted

(Signature, Name, Designation and Address

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

Attested

(Signature of the executant)

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

Place:
Date:

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

62
 Format 7.3A
FORMAT FOR BANK GUARANTEE TOWARDS EARNEST MONEY DEPOSIT
(EMD)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

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

In consideration of the [Insert name of the Bidder]

(hereinafter referred to as 'Bidder') submitting the response to RfS interalia for [Insert
title of the RfS] of the cumulative capacity of
MW/MWh [Insert cumulative Project capacity proposed] for offering Battery
Energy Storage System on long term basis, in response to the RfS No. _ dated
issued by Chhattisgarh State Electricity Distribution Co. Ltd. (hereinafter referred to as
CSPDCL) and CSPDCL considering such response to the RfS of..[Insert the name of the
Bidder] as per the terms of the RfS, the [Insert name & address of bank] hereby agrees
unequivocally, irrevocably and unconditionally to pay to CSPDCL at [Insert Name of the
Place from the address of CSPDCL] forthwith without demur on demand in writing from
CSPDCL or any Officer authorized by it in this behalf, any amount up to and not
exceeding Rupees _____________ [Insert amount not less than that derived on the basis
of Rs. 1.0 Lakh per MW of cumulative capacity proposed] only on behalf of M/s ________
[Insert name of the Bidder].

This guarantee shall be valid and binding on this Bank up to and including _ [insert
date of validity in accordance with Clause No. 16 of this RfS] and shall not be terminable by
notice or any change in the constitution of the Bank or the term of contract or by any other
reasons whatsoever and our liability hereunder shall not be impaired or discharged by any
extension of time or variations or alternations made, given, or agreed with or without our
knowledge or consent, by or between parties to the respective agreement.
Our liability under this Guarantee is restricted to INR………………..(Indian Rupees
only). Our Guarantee shall remain in force until
[insert date of validity in accordance with Clause No. 16 of
this RfS]. CSPDCL shall be entitled to invoke this Guarantee till [insert date of validity in
accordance with Clause No. 16 of this RfS].
The Guarantor Bank hereby agrees and acknowledges that the CSPDCL shall have a right to
invoke this BANK GUARANTEE in part or in full, as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to
the written demand by CSPDCL, made in any format, raised at the above mentioned address
of the Guarantor Bank, or at branch located Mumbai in order to make the said payment to
CSPDCL.

63
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by [Insert name of the
Bidder] and/ or any other person. The Guarantor Bank shall not require CSPDCL to justify
the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse
against CSPDCL in respect of any payment made hereunder.

This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Chhattisgarh shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.

This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and
accordingly CSPDCL shall not be obliged before enforcing this BANK GUARANTEE to
take any action in any court or arbitral proceedings against the Bidder, to make any claim
against or any demand on the Bidder or to give any notice to the Bidder or to enforce any
security held by CSPDCL or to exercise, levy or enforce any distress, diligence or other
process against the Bidder.
This BANK GUARANTEE shall be effective only when the Bank Guarantee issuance message
is transmitted by the issuing Bank through SFMS to State Bank of India and a confirmation in
this regard is received by CSPDCL.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to INR (Indian Rupees Only) and it
shall remain in force until [Date to be inserted on the basis of Clause No. 16 of
this RfS].
We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only
if CSPDCL serves upon us a written claim or demand.
Signature:
Name:
Power of Attorney No.:
For
[Insert Name and Address of the Bank]
Contact Details of the Bank:
E-mail ID of the Bank:
Banker's Stamp and Full Address.
Dated this day of , 20

64
 Format 7.3 B
FORMAT FOR PERFORMANCE BANK GUARANTEE (PBG)
(To be submitted Separately for each Project)
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

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

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

referred to as „selected Battery Energy Storage System Developer') submitting the response to
RfS inter alia for ……………………………[insert title of the RfS] of the capacity of ……….
MWh, at …………[Insert name of the place], in response to the RfS dated ................. issued by
Chhattisgarh State Power Distribution Co. Ltd. (CSPDCL),
(hereinafter referred to as CSPDCL) and CSPDCL considering such response to the RfS of
............................................................................ [Insert name of the Bidder] (which expression
shall unless repugnant to the context or meaning thereof include its executers, administrators,
successors and assignees) and selecting the Project of the Battery Energy Storage System
Developer ( BESSD) a n d i s s u i n g L e t t e r o f I n t e n t N o . to
(Insert Name of selected Battery Energy Storage System Developer)
as per terms of RfS and the same having been accepted by the selected BESSD resulting in a
Battery Energy Storage Purchase Agreement (BESPA) to be entered into, for procurement of
capacity [from selected Battery Energy Storage System Developer or a Project Company, M/s
{a Special Purpose Vehicle (SPV) formed for this purpose}, if
applicable].
As per the terms of the RfS, the [Insert name & address of Bank] hereby
agrees unequivocally, irrevocably and unconditionally to pay to CSPDCL at [Insert Name of
the Place from the address of the CSPDCL] forthwith on demand in writing from CSPDCL or
any Officer authorised by it in this behalf, any amount up to and not exceeding
Indian Rupees
[Total Value] only, on behalf of M/s
[Insert name of the selected Battery Energy Storage
System Developer/ Project Company]
This guarantee shall be valid and binding on this Bank up to and including ................ and shall
not be terminable by notice or any change in the constitution of the Bank or the term of contract
or by any other reasons whatsoever and our liability hereunder shall not be impaired or
discharged by any extension of time or variations or alternations made, given, or agreed with
or without our knowledge or consent, by or between parties to the respective agreement.
Our liability under this Guarantee is restricted to INR (Indian Rupees
Only).

65
Our Guarantee shall remain in force until… ..................CSPDCL shall be entitled to invoke
this Guarantee till ……….
The Guarantor Bank hereby agrees and acknowledges that CSPDCL shall have a right
to invoke this BANK GUARANTEE in part or in full, as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to
the written demand by CSPDCL, made in any format, raised at the above mentioned address
of the Guarantor Bank, or at branch located Mumbai in order to make the said payment to
CSPDCL.

The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by [Insert name of the
selected Battery Energy Storage System Developer/ Project Company as applicable] and/ or
any other person. The Guarantor Bank shall not require CSPDCL to justify the invocation of
this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against CSPDCL
in respect of any payment made hereunder
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Chhattisgarh shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and
accordingly CSPDCL shall not be obliged before enforcing this BANK GUARANTEE to
take any action in any court or arbitral proceedings against the selected Battery Energy
Storage System Developer/ Project Company, to make any claim against or any demand on
the selected Battery Energy Storage System Developer/ Project Company or to give any
notice to the selected Battery Energy Storage System Developer/ Project Company or to
enforce any security held by CSPDCL or to exercise, levy or enforce any distress, diligence or
other process against the selected Battery Energy Storage System Developer / Project
Company.

This BANK GUARANTEE shall be effective when the Bank Guarantee issuance message is
transmitted by the issuing Bank through SFMS to CSPDCL‟s Bank and a confirmation in
this regard is received by CSPDCL.
The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to
CSPDCL and may be assigned, in whole or in part, (whether absolutely or by way of security)
by CSPDCL to any entity to whom CSPDCL is entitled to assign its rights and obligations
under the BESPA.

Notwithstanding anything contained hereinabove, our liability under this Guarantee is

restricted to INR (Indian Rupees Only) and it

66
shall remain in force until ...................... We are liable to pay the guaranteed amount or any part
thereof under this Bank Guarantee only if CSPDCL serves upon us a written claim or demand.
Signature:
Name:
Power of Attorney No.:
For
[Insert Name and Address of the Bank]

Contact Details of the Bank:

E-mail ID of the Bank:

Banker's Stamp and Full Address.

Dated this day of , 20

Witness:

1. …………………………………….

Signature
Name and Address

2. ………………………………….

Signature
Name and Address

Notes:
1. The Stamp Paper should be in the name of the Executing Bank and of appropriate value.

67
 Format 7.4
FORMAT FOR BOARD RESOLUTIONS
The Board, after discussion, at the duly convened Meeting on ......... [Insert date], with the
consent of all the Directors present and in compliance of the provisions of the
Companies Act, 1956 or Companies Act 2013, as applicable, passed the following
Resolution:
RESOLVED THAT Mr/ Ms........................., be and is hereby authorized to do on our
behalf, all such acts, deeds and things necessary in connection with or incidental to our
response to RfS vide RfS No. for.................(insert title of the RfS), including signing and
submission of all documents and providing information/ response to RfS to Chhattisgarh
State Electricity Distribution Co. Ltd. (CSPDCL), representing us in all matters before
CSPDCL, and generally dealing with CSPDCL in all matters in connection with our bid for
the said Project. (Tobe provided by the Bidding Company or the Lead Member of the
Consortium)

1. FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 or
Companies Act, 2013, as applicable and compliance thereof and as permitted under the
Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to invest total equity in the Project. (To be provided by the Bidding Company)

[Note: In the event the Bidder is a Bidding Consortium, in place of the above resolution at
Sl. No. 2, the following resolutions are to be provided]
FURTHER RESOLVED THAT pursuant to the provisions of the Companies Act, 1956 or
Companies Act, 2013, as applicable and compliance thereof and as permitted under the
Memorandum and Articles of Association of the Company, approval of the Board be and is
hereby accorded to invest (-----%) equity [Insert the % equity commitment as specified in
Consortium Agreement] in the Project. (To be provided by each Member of the Bidding
Consortium including Lead Member such that total equity is 100%)

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

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

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

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

68
2. NOT USED

Certified True Copy

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

Notes:
1) This certified true copy should be submitted on the letterhead of the Company, signed
by the Company Secretary/ Director.
2) The contents of the format may be suitably re-worded indicating the identity of the
entity passing the resolution.
3) This format may be modified only to the limited extent required to comply with the
local regulations and laws applicable to a foreign entity submitting this resolution. For
example, reference to Companies Act, 1956 or Companies Act, 2013 as applicable may
be suitably modified to refer to the law applicable to the entity submitting the resolution.
However, in such case, the foreign entity shall submit an unqualified opinion issued by
the legal counsel of such foreign entity, stating that the Board resolutions are in
compliance with the applicable laws of the respective jurisdictions of the issuing
Company and the authorizations granted therein are true and valid.

69
 Format 7.5
FORMAT FOR CONSORTIUM AGREEMENT
(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper of Appropriate Value)

THIS Consortium Agreement (“Agreement”) executed on this Day of Two

Thousand between M/s [Insert name of Lead
Member] a Company incorporated under the laws of and having its Registered Office
at (hereinafter called the “Member-1”, which
expression shall include its successors, executors and permitted assigns) and M/s
a Company incorporated under the laws of
and having its Registered Office at
(hereinafter under the laws ofand having its Registered Office at
(hereinafter called the “Member-n”, which
expression shall include its successors, executors and permitted assigns), [The Bidding
Consortium should list the details of all the Consortium Members] for the purpose of
submitting response to RfS and execution of Battery Energy Storage Purchase Agreement (in
case of Award), against RfS No. dated issued by Chhattisgarh
Electricity Distribution Co. Limited (CSPDCL) a Company incorporated under the
Companies
Act, 1956 or Companies Act, 2013 as applicable, and having its Registered Office at or
constituted under .

WHEREAS, each Member individually shall be referred to as the “Member” and all of the
Members shall be collectively referred to as the “Members” in this Agreement.
WHEREAS CSPDCL desires to purchase Power under RfS for (insert title of the
RfS);
WHEREAS, CSPDCL had invited response to RfS vide its Request for Selection (RfS)
dated

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

NOW THEREFORE, THIS AGREEMENT WITNESSTH AS UNDER:

In consideration of the above premises and agreements all the Members in this Bidding
Consortium do hereby mutually agree as follows:
1. We, the Members of the Consortium and Members to the Agreement do hereby
unequivocally agree that Member-1 (M/s ), shall act as the Lead Member as
defined in the RfS for self and agent for and on behalf of Member-2, Member-n and
to submit the response to the RfS.

70
2. The Lead Member is hereby authorized by the Members of the Consortium and
Members to the Agreement to bind the Consortium and receive instructions for and on
their behalf.

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

shall always be liable for the equity investment obligations of all the Consortium
Members i.e. for both its own liability as well as the liability of other Members.

4. The Lead Member shall be liable and responsible for ensuring the individual and
collective commitment of each of the Members of the Consortium in discharging all of
their respective equity obligations. Each Member further undertakes to be individually
liable for the performance of its part of the obligations without in any way limiting the
scope of collective liability envisaged in this Agreement.
5. Subject to the terms of this Agreement, the share of each Member of the Consortium in
the issued equity share capital of the Project Company is/shall be in the following
proportion:

Name Percentage

Member 1 ---

Member 2 ---

Member n ---

Total 100%

We acknowledge that after the execution of BESPA, the controlling shareholding

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

7. In case of any breach of any equity investment commitment by any of the Consortium
Members, the Lead Member shall be liable for the consequences thereof.
8. Except as specified in the Agreement, it is agreed that sharing of responsibilities as
aforesaid and equity investment obligations thereto shall not in any way be a limitation
of responsibility of the Lead Member under these presents.
9. It is further specifically agreed that the financial liability for equity contribution of the
Lead Member shall not be limited in any way so as to restrict or limit its liabilities.
The Lead Member shall be liable irrespective of its scope of work or financial
commitments.

10. This Agreement shall be construed and interpreted in accordance with the Laws of
India and courts at Chhattisgarh alone shall have the exclusive jurisdiction in all
matters relating thereto and arising thereunder.
71
11. It is hereby further agreed that in case of being selected as the Successful Bidder, the
Members do hereby agree that they shall furnish the Performance Guarantee in favor
of CSPDCL in terms of the RfS.

12. It is further expressly agreed that the Agreement shall be irrevocable and shall form an
integral part of the Battery Energy Storage Purchase Agreement (BESPA) and shall
remain valid until the expiration or early termination of the BESPA in terms thereof,
unless expressly agreed to the contrary by CSPDCL.
13. The Lead Member is authorized and shall be fully responsible for the accuracy and
veracity of the representations and information submitted by the Members
respectively from time to time in the response to RfS.
14. It is hereby expressly understood between the Members that no Member at any given
point of time, may assign or delegate its rights, duties or obligations under the BESPA
except with prior written consent of CSPDCL.

15. This Agreement

a) has been duly executed and delivered on behalf of each Member hereto and
constitutes the legal, valid, binding and enforceable obligation of each such
Member;
b) sets forth the entire understanding of the Members hereto with respect to the
subject matter hereof; and
c) may not be amended or modified except in writing signed by each of the Members
and with prior written consent of CSPDCL.
16. All the terms used in capitals in this Agreement but not defined herein shall have the
meaning as per the RfS and BESPA.
IN WITNESS WHEREOF, the Members have, through their authorized representatives,
executed these present on the Day, Month and Year first mentioned above.
For M/s [Member 1]

(Signature, Name & Designation of the person authorized vide Board Resolution Dated
)
Witnesses:

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

Name: Name:

Address: Address:

72
For M/s [Member 2]

(Signature, Name & Designation of the person authorized vide Board Resolution Dated
)

Witnesses:

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

Name: Name:

Address: Address:

For M/s [Member n]

(Signature, Name & Designation of the person authorized vide Board Resolution Dated
)
Witnesses:

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

Name: Name:
Address: Address:

Signature and stamp of Notary of the place of execution

73
 Format 7.6
FORMAT FOR FINANCIAL REQUIREMENT
(This should be submitted on the Letter Head of the Bidding Company/ Lead Member of Consortium)
Ref. No. Date:

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

Consortium)
Tel.#:
Fax#:
E-mail address#
To,
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

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

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

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

Exhibit (i): Applicable in case of Bidding Company

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

Name of Affiliate(s) Relationship

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

Company 1

74
 Total
*The column for “Relationship with Bidding Company” is to be filled only in case the financial capability of
Affiliate has been used for meeting Qualification Requirements. Further, documentary evidence to establish the
relationship, duly certified by a practicing company secretary/ chartered accountant is required to be attached
with the format.

Exhibit (ii): Applicable in case of Bidding Consortium

(To be filled by each Member in a Bidding Consortium separately)
Name of Member: [Insert name of the Member]
Net Worth/AUM Requirement to be met by Member in Proportion to the Equity Commitment:
INR ------------- Crore (Equity Commitment (%) * Rs. [ ] Crore)
For the above calculations, we have considered Net Worth/AUM by Member in Bidding
Consortium and/ or its Affiliate(s) per following details:

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

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

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

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

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

75
 FORMAT 7.7
UNDERTAKING
(To be submitted on the letterhead of the Bidder)

We, hereby provide this undertaking to Chhattisgarh State Electricity Distribution Co. Ltd.
(CSPDCL), in respect to our response to RfS vide RfS No. dated ,
that M/s
(insert name of the Bidder), or any of its Affiliates is not a willful
defaulter to any lender.
Further, we also undertake that the Bidder & any of its Affiliate, including any Consortium
Member & any of its Affiliate, their directors have not been barred or included in the blacklist
by any government agency or authority in India, the government of the jurisdiction of the
Bidder or Members where they are incorporated or the jurisdiction of their principal place of
business, any international financial institution such as the World Bank Group, Asian
Development Bank, African Development Bank, Inter-American Development Bank, Asian
Infrastructure Investment Bank etc. or the United Nations or any of its agencies.

(Name and Signature of the Authorized Signatory)

76
 Format 7.8
FORMAT FOR DISCLOSURE
(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

DISCLOSURE

Ref.No. Date:

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

Consortium)

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

To,
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We hereby declare and confirm that only we are participating in the RfS Selection process for
the RfS No. and that our Parent, Affiliate or Ultimate Parent or any Group
Company with which we have direct or indirect relationship are not separately participating in
this selection process.
We further declare that the above statement is true & correct. We undertake that if at any stage
it is found to be incorrect, in addition to actions applicable under the RfS/BESPA including but
not limited to cancellation of our response to this RfS and LOA/BESPA as applicable, we, i.e.
M/s (enter name of the bidding company/member in a consortium), including
our Parent, Ultimate Parent, and our Affiliates shall be suspended/debarred from participating
in any of the upcoming tenders issued by CSPDCL for a period of 2 years from the date of
defaults notified by CSPDCL.
We also understand that the above is in addition to the penal consequences that may follow
from the relevant laws for the time being in force.

77
We further declare that we have read the provisions of Clause 37.4 of the RfS, and are
complying with the requirements as per the referred OM dated 23.07.2020 except Sl. 11 of the
OM, including subsequent amendments and clarifications thereto. Accordingly, we are also
enclosing necessary certificates (Annexure to this format) in support of the above compliance
under the RfS. We understand that in case of us being selected under this RfS, any of the above
certificates is found false, CSPDCL shall take appropriate action as deemed necessary.

Dated the _day of , 20….

Thanking you,

We remain,

Yours faithfully,

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

78
 Format 7.8A
FORMAT FOR DISCLOSURE
(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

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

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

DISCLOSURE
Ref.No. Date:

From: Insert name and address of Bidding Company/ Lead Member of Consortium)
Tel. #:
Fax#:
E-mail address#

To,
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,

We hereby declare and confirm that in terms of the definitions of the RfS, M/s
(enter name of the common shareholder) is our Group Company, and has
a direct/indirect shareholding of less than 26% in the bidding company. M/s (enter
name of the common shareholder) also holds directly/indirectly less than 26% shareholding in
other Companies which may participate in this RfS, i.e. RfS No. .
We undertake that M/s (enter name of the above common shareholder) is not
a party to the decision-making process for submission of response to this RfS by M/s
(enter name of the bidding company/member in the consortium). We
further undertake that while undertaking any action as part of our response to RfS, we are not
complicit with other such bidders participating in this RfS, in which M/s
(enter name of the common shareholder) has less than 26% direct/indirect shareholding, if any.
We further declare that the above statement is true & correct. We undertake that if at any stage
it is found to be incorrect, in addition to actions applicable under the RfS/BESPA including but
not limited to cancellation of our response to this RfS and LOA/BESPA as applicable, we, i.e.
M/s (enter name of the bidding company/member in a consortium), including
our Parent, Ultimate Parent, and our Affiliates shall be suspended/debarred from participating

79
in any of the upcoming tenders issued by CSPDCL for a period of 2 years from the date of
defaults notified by CSPDCL.
We also understand that the above is in addition to the penal consequences that may follow
from the relevant laws for the time being in force.
We further declare that we have read the provisions of Clause 32.4 of the RfS,. Accordingly,
we are also enclosing necessary certificates (Annexure to this format) in support of the above
compliance under the RfS. We understand that in case of us being selected under this RfS, any
of the above certificates is found false, CSPDCL shall take appropriate action as deemed
necessary.

Dated the _day of , 20 .

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

80
 Annexure to Format 7.8/7.8A
DECLARATION

RESTRICTION ON PROCUREMENT FROM CERTAIN COUNTRIES:

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

(To be submitted on the Letter Head of the Bidding Company/ Each Member of Consortium)

Ref. No. Date:

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

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

To
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in
Sub: Response to the RfS No ………………… dated ............................................... for the
tender for …………………………………………………

Dear Sir/ Madam,

This is with reference to attached order vide OM no. 6/18/2019-PPD dated 23rd July 2020
issued by Department of Expenditure, MoF, Govt of India.

We are hereby submitting the following declaration in this regard:

"l have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I certify that this bidder is not from such a country or, if from
such a country, has been registered with the Competent Authority. I hereby certify that this
bidder fulfils all requirements in this regard and is eligible to be considered. Where applicable,
evidence of valid registration by the Competent Authority shall be attached]."
We further declare that the above statement is true & correct. We are aware that if at any stage
it is found to be incorrect, our response to the tender will be rejected.
Dated the _day of , 20….
Thanking you,
We remain,
Yours faithfully,
Encl: OM dated 23.07.2020, as referred above
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

81
 Format 7.9
FORMAT FOR TECHNICAL CRITERIA
(This should be submitted on the Letter Head of the Bidding Company/ Lead Member of Consortium)
(To be Submitted Separately for each Project)

Ref. No. Date:

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

Consortium)

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

To
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in

Sub: Response to RfS No. dated for .

Dear Sir/ Madam,
We hereby undertake to certify in line with Clause 19 under the title “Financial Closure” that
the following details shall be furnished within 12 (twelve) months from Effective Date of the
BESPA.
1.0 Evidence of achieving complete-tie-up of the Project Cost through internal accruals or
through a Financing Agency.
2.0 DPR of the Project, detailing out project configuration and proposed commissioning
schedule of the Project.
Failure or delayon our part in achieving the above conditions shall constitute sufficient grounds
for actions as per the provisions of the RfS.
Dated the _day of , 20….
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of
Attorney/ Board Resolution/ Declaration.

82
 Format 7.10
DECLARATION BY THE BIDDER FOR THE PROPOSED TECHNOLOGY TIE-UP
(To be Submitted Separately for each Project)

Name of Bidding Company/ Lead Member of

1
Bidding Consortium

2 Location(s) of BESS Project(s)

3 Contracted Capacity proposed ……MW/……MWh

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

4
Project proposed)

Dated the _day of , 20….

Thanking you,
We remain,
Yours faithfully,

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

83
 Format7.11
(not used)

84
 Format 7.12(a)
FORMAT FOR SUBMISSION OF FINANCIAL BID
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/ Lead Member
of Consortium)

Ref. No. Date:

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

Consortium)

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

To
Executive Director (RA&PM),
Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)
4th Floor, Seva Bhawan, Danganiya, Raipur - 492001 (C.G.)
Phone (No.): 0771-2574441
E-mail: [email protected] Website: www.cspdcl.co.in

RfS no. _______________dated for .

Dear Sir/ Madam,

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

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

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

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

85
Notes:
1. There can be only one tariff for all the projects applied for. If the bidder quotes two
tariffs or combination thereof for the projects, then the bid shall be considered as non-
responsive.

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

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

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

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

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

86
 Format 7.13
PRELIMINARY ESTIMATE OF COST OF THE PROJECT

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

Location: ……………………….

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

Dated the _day of , 20….

Thanking you,
We remain,
Yours faithfully,

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

87
 Annexure - A
TECHNICAL AND REGULATORY REQUIREMENTS TO BE FOLLOWED FOR
BATTERY ENERGY STORAGE SYSTEMS
1. Codes and Standards
The BESS shall comply with the following Codes and Standards or equivalent Indian
Standards, as applicable.

Standard/ Code (or

Certification
equivalent Indian Description
Requirements
Standards)
IEC 62485-2 Safety requirements for secondary batteries and Applicable only for
battery installations - to meet requirements on Lead Acid and
safety aspects associated with the erection, use, NiCd/NiMH batteries
inspection, maintenance and disposal: Applicable
for Lead Acid and NiCd / NiMH batteries
UL 1642 or UL 1973, Secondary cells and batteries containing alkaline Required for Cell
Appendix E (cell) or or other non-acid electrolytes - Safety
IEC 62619 (cell) + requirements for secondary lithium cells and
IEC 63056 (cell) batteries, for use in industrial applications
UL 1973 (battery) or Batteries for Use in Stationary, Vehicle Auxiliary Either UL 1642 or
(IEC 62619 (battery) Power and Light Electric Rail (LER) UL1973 or (IEC 62619
+ IEC 63056 Applications / Secondary cells and batteries + IEC 63056) for the
(battery)) containing alkaline or other non-acid electrolytes Battery level
- Safety requirements for secondary lithium cells
and batteries, for use in industrial applications
IEC 62281 / UN 38.3 Safety of primary and secondary lithium cells and Required for both
batteries during transport: Applicable for storage Battery and Cell.
systems using Lithium Ion chemistries
IEC 61850/ DNP3 Communications networks and management
systems. (BESS control system communication)
UL 9540 or (IEC TS Electrical energy storage (EES) systems - Part 5- Either UL9540 or (IEC
62933-5-1 + IEC 1: Safety considerations for grid-integrated EES 62933-5-1 + IEC
62933-5-2) systems – General specification / Standard for 62933-5-2) is required
Energy Storage Systems and Equipment for BESS system level
IEC 62933-2-1 Electrical energy storage (EES) systems - Part 2- Tests for Class B
1: Unit Parameters and testing methods - applications:
Specification 1. Duty Cycle Round
Trip Efficiency Test
2. Equipment and Basic
Function Test
3. Available energy
Test
4. Insulation test

88
Power Conditioning Unit Standards for BESS
Safety requirements for power electronic converter systems and equipment
IEC 62477-1
- Part 1: General
Safety requirements for power electronic converter systems and equipment
IEC 62477-2 - Part 2: Power electronic converters from 1 000 V AC or 1 500 V DC up
to 36 kV AC or 54 kV DC
IEC 61000-6-2 Ed. Electromagnetic compatibility (EMC) - Part 6-2: Generic standards -
2 Immunity standard for industrial environments
IEC 61000-6-4 Ed. Electromagnetic compatibility (EMC) - Part 6-4: Generic standards -
2.1 Emission standard for industrial environments
Utility-interconnected photovoltaic inverters - Test procedure of islanding
IEC 62116 Ed. 2
prevention measures
IEC 60068-2-
Environmental testing - Part 2-1: Tests - Test A: Cold
1:2007
IEC 60068-2-
Environmental testing - Part 2-2: Tests - Test B: Dry heat
2:2007
IEC 60068-2-
Environmental testing - Part 2-14: Tests - Test N: Change of temperature
14:2009
IEC 60068-2- Environmental testing - Part 2-30: Tests - Test Db: Damp heat, cyclic (12
30:2005 h + 12 h cycle)

2. System Testing and Commissioning

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

3. Identification and Traceability

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

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

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

89
6. Authorized Test Centers

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

7. Warranty
BESSD shall procure performance guarantees from the OEM to ensure minimum performance
levels for predefined application(s) as per the terms of the RfS. OEM shall provide warranty
for performance parameters of minimum dispatchable capacity and RTE to BESSD. The
Warranty shall clearly indicate life expectancy given discharge profiles provided for the
application. BESSD is responsible for Availability and in case of any product damage.
8. Performance Monitoring

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

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

9. Other necessary criteria

a) BESS shall be capacity of operating in the frequency range of 47.5 Hz to 52 Hz and be
able to deliver rated output in the frequency range of 49.5 Hz to 50.5 Hz.
b) BESS shall be capacity of operating when voltage at the interconnection point on any
or all phases dips/rises to the high or low levels. The levels applicable for wind/solar

90
 inverter-based generation may be referred as available in Central Electricity Authority
(Technical Standards for Connectivity to the Grid) Regulations.
c) The BESS performs regulations in one or several pre-defined ways (e.g. regulating its
own output power according to the orders given by SCADA system) to achieve an
active power balance between generation and demand to maintain the power system
frequency within a reasonable range.
d) BESS shall operate to maintain voltages as per specified voltage ranges in Grid
standards. BESS shall have feature to detect the voltage of interconnection point, and
regulate voltage independently. The response time of the BESS shall not exceed the
value specified in relevant standards or grid codes.
e) BESS shall operate in a manner to promote the power system reliability and improve
the power quality. When power quality problems, such as voltage dip, flicker,
unsatisfactory power factor, etc., occur in power system, the BESS could eliminate
these problems by flexible active and reactive power output in this function.
f) The BESS shall provide reliable protection and not be limited to as an
overvoltage/under-voltage protection, overcurrent protection, low-temperature/over-
temperature protection of battery, DC insulation monitoring, etc.
g) BESS is required to have the following basic functions:
i) Monitoring: Monitor operational parameters, equipment status and
communication status, alarm and faults of main equipment and BESS system,
etc.
ii) Information e x c h a n g e : Receive and process information with SLDC
/RLDC/NLDC including operation parameters, switching information, various
alarms and alerts, protective action signals, control information, etc.
iii) Control: Including control mode and parameter setting with SLDC/RLDC/NLDC.
h) The static information like detailed write-up on present operation methodology of
BESS, forbidden zones, number of cycle limits, Auxiliary consumption details,
capability curve, simulation models (RMS/PSCAD) alongwith description or any
specific information about BESS shall also be furnished as and when required by
SLDC/RLDC/NLDC.

10. Safe Disposal of unit Batteries from the BESS

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

91
 Annexure-B
CHECK LIST FOR FINANCIAL CLOSURE
(To be signed by the Authorized signatory of the BESSD)
(RfS No. dated )
Last Date for submission of documents related to Financial Closure – _
(9 months from Effective Date of BESPA)

Project Company Name

Project ID:-
LOA No. - . Dtd. -
Effective Date of BESPA -
Scheduled Commissioning Date: -
1.0 Financial Closure - (Clause 19 of the RfS, including subsequent amendments &
clarifications)
Details Presently given in BESPA

Location

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

In case of Internal Resources: -

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

(ii) Undertaking by the Project Company that all Consents, clearances and permits required for
supply of Power to CSPDCL as per the terms of BESPA have been obtained is to be enclosed
as Annexure – II B

92
2.0 Copy of Agreement/ MOU entered into / Purchase Order with acceptance, for the supply
of Plants and Equipment (to be enclosed as Annexure-III)

3.0 Technical Parameters of the Project (Clause 33 of the RfS)

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

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

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

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

CSPDCL on monthly basis, i.e., by the 10th day of every month for shareholding status
of the Company up to the end of the previous month, till 3 years from the date of
commissioning of the project.

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

93
 Annexure-C

SPECIAL INSTRUCTIONS TO BIDERS FOR E-TENDORING AND REVERSE AUCTION

GENERAL
The Special Instructions (for e-Tendering) supplement ‘Instructions to Bidders’, as given in
these RfP Documents. Submission of Online Bids is mandatory for this RfP.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and

secured manner. Now, the Government of India has made e-Tendering mandatory. Suppliers/
Vendors will be the biggest beneficiaries of this new system of procurement. For conducting
electronic tendering, Chhattisgarh State Power Distribution Company Limited (CSPDCL) has
decided to use the portal https://www.cspdcl.co.in .

INSTRUCTIONS
Tender Bidding Methodology:
Sealed Bid System

Single Stage Two Envelope

Broad Outline of Activities from Bidder’s Perspective:

1. Procure a Digital Signing Certificate (DSC)-Class II and above.
2. Register on CSPDCL e-Tendering Portal
3. View Notice Inviting Tender (NIT) on CSPDCL e-Tendering Portal

4. Download Official Copy of Tender Documents from CSPDCL e-Tendering Portal.

Note: Official copy of Tender Documents is distinct from downloading ‘Free Copy of Tender
Documents’. To participate in a tender, it is mandatory to procure official copy of Tender
Documents for that tender.

5. Clarification to Tender Documents on ETS

For participating in this tender online, the following instructions are to be read carefully. These
instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

Some Bidding Related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on CSPDCL Web Portal (unless specified for Offline
Submissions). Broad outline of submissions are as follows:
Submission of Bid-Parts
Envelope I (Technical-Bid)
Envelope II (Financial-Bid) in Electronic mode only (Online)
94
 Submission of digitally signed copy of Tender Documents/ Addendum

In addition to the above, the bidders are required to submit certain documents physically offline also as
per Clause No. 3.13.a, Section-III, ITB of RfP Documents, failing which the technical bids will
not be opened.

Note: The Bidder should also upload the scanned copies of all the above mentioned original documents as
Bid-Annexures during Online Bid-Submission.

95
ADDITIONAL DOs AND DON‟Ts FOR BIDDERS PARTICIPATING IN e-REVERSE AUCTION
1. Get your organization's concerned executives trained for e-Reverse Auction related
processes on ETS well in advance of the start of e-Reverse Auction.
2. For responding to any particular e-Reverse Auction, the e-Reverse Auction (i.e. its
Reverse Auction Search Code or RASC) has to be assigned to an MA.
3. It is important for each bidder to thoroughly read the „rules and related criterion‟ for the
e-Reverse Auction as defined by the Buyer organization.
4. It is important to digitally-sign your „Final bid‟ after the end of e-Reverse Auction bidding
event.
5. During an e-auction, it is recommended that a bidder submits a bid well before the
scheduled time of „Date and Time of Closure of Reverse-Auction‟. Submission of a bid
near the closing time of an auction may result in failure due to any of the various factors at
that instant, such as – slow internet speed at the bidder’s end, slow running of computer at
bidder’s end, nervousness of the bidder in the last few seconds, etc. This could lead to delay
in submission of data from the bidder’s computer to the server. Even if the delay is of a
fraction of second after the scheduled closing time, it will result in failure of bid submission.
Further, please note that a bid can be submitted even if the bidding-page has not been
refreshed manually, or otherwise depending on the conditions of the e-auction.
Note: Successful receipt of Bid in an e-auction scenario takes place if the bid is successfully
„received and validated‟ in the system (ETS) within the scheduled date and time of closure
of bidding. ETS/ Service Provider is not responsible for what happens at an end-user’s end,
or while a submission made by an end-user is in transit, until the submission is successfully
„received and validated‟ in ETS.
6. Pre-requisite for participation in bidding process
 Bidder must possess a PC/ Laptop with Windows 7 professional operating system and
Internet Explorer 8 or 9 for hassle free bidding. Bidder is essentially required to effect
the security settings as defined in the portal.

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

96
 TERMS & CONDITIONS OF REVERSE AUCTION
After opening of Financial bids and short-listing of bidders based on the tariff and total capacity
of project of qualified Project(s), CSPDCL shall resort to “REVERSE AUCTION
PROCEDURE”. Reverse Auction shall be conducted as per methodology specified in
Section- V and other provisions of Reverse Auction in RfS Documents and their subsequent
Addenda/ Amendments/ Clarifications. Bidders in their own interest, are advised to go
through the documents in entirety. The Terms & Conditions and Business Rules mentioned
hereunder are in brief and may not give completer explanations. Further these are
supplementary in nature.
1. Bidders shall ensure online submission of their „Bid Price‟ within the auction period.
2. Bidders shall ensure to take all necessary training and assistance before commencement of
reverse auction to the interested bidders on chargeable basis to be paid directly to CSPDCL.
3. Business rules for Reverse Auction like event date, time, bid decrement, extension etc. shall
be as per the business rules, enumerated in the RfS document or intimated later on, for
compliance.
4. Reverse auction will be conducted on scheduled date & time, as mentioned in the RfS
document.
5. Bidders should acquaint themselves of the „Business Rules of Reverse Auction‟, which is
enclosed separately in the RfS document.
6. If the Bidder or any of his representatives are found to be involved in Price manipulation/
cartel formation of any kind, directly or indirectly by communicating with other bidders,
action as per extant CSPDCL guidelines, shall be initiated by CSPDCL.
7. The Bidder shall not divulge either his Bids or any other exclusive details of CSPDCL to
any other party.
8. Period of validity of Prices received through Reverse Auction shall be same as that of the
period of validity of bids offered.
9. Bidders should also note that:
a) Although extension time is „8‟ minutes, there is a time lag between the actual placing
the bid on the local computer of the bidder and the refreshing of the data on to the server
for the visibility to the Owner. Considering the processing time for data exchange and
the possible network congestion, bidders must avoid the last minute hosting of the
Financial Bid during reverse auction.
b) Participating bidder will agree to non-disclosure of trade information regarding the
purchase, identity of CSPDCL, bid process, bid technology, bid documentation and
bid details.
c) It is brought to the attention of the bidders that the bid event will lead to the final price
of bidders only.
d) Technical and other non-commercial queries (not impacting price) can only be routed
to the CSPDCL contact personnel indicated in the RfS document.
e) Order finalization and post order activities such issue of LOA, signing of BESPA etc.
would be transacted directly between successful bidder(s) and CSPDCL.
f) LOA shall be placed outside the ETS e-portal & further processing of the LOA shall

97
 also be outside the system.
g) In case of any problem faced by the bidder during Reverse Auction and for all Bidding
process related queries, bidders are advised to contact the persons indicated in
Annexure - C of the RfS document.
h) Bidders are advised to visit the auction page and login into the system well in advance
to identify/ rectify the problems to avoid last minute hitches.
i) CSPDCL will not be responsible for any PC configuration/ Java related issues,
software/ hardware related issues, telephone line glitches and breakdown/ slow speed
in internet connection of PC at Bidder’s end.
j) Bidders may note that it may not be possible to extend any help, during Reverse
Auction, over phone or in person in relation to rectification of PC/ Internet/ Java related
issues and Bidder may lose the chance of participation in the auction.
10. For access t o t h e R e v e r s e A u c t i o n site, the following URL is t o b e u s e d :
https://www.cspdcl.co.in..
11. No queries shall be entertained while Reverse Auction is in progress.

BUSINESS RULES OF REVERSE AUCTION

Reverse Auction shall be conducted as per methodology specified in Section - V and other
provisions of Reverse Auction in RfS documents and their subsequent Amendments/
Clarifications/ Addenda. Bidders, in their own interest, are advised to go through the documents
in entirety.
The following would be parameters for e-Reverse Auction:

Sl. No. Parameter Value

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

1.
Event Bidders

2. Duration of Reverse-Auction Bidding Event 30 minutes

Automatic extension of the „Reverse-Auction

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

3.1 Pre-defined Time-Duration 05 Minutes

3.2 Automatic extension Time-Duration 05 Minutes

3.3 Maximum number of Auto-Extension Unlimited Extension

Tariff quoted by the bidders in

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

Online Reverse Auction shall be conducted by CSPDCL on pre-specified date and time, while

98
The bidders shall be quoting from their own offices/ place of their choice. Internet
connectivity shall have to be ensured by bidders themselves.
During the Reverse Auction, any requests for extension of time will not be considered by
CSPDCL Bidders are therefore requested to make all the necessary arrangements/ alternatives
whatever required so that they are able to participate in the Reverse Auction successfully.
Failure of power or loss of connectivity at the premises of bidders during the Reverse Auction
cannot be the cause for not participating in the Reverse Auction. CSPDCL shall not be
responsible for such eventualities.

Bidders are advised to get fully trained and clear all their doubts such as refreshing of Screen,
capacity/ no. of projects being auctioned, auction rules etc.
CSPDCL reserves the right to cancel/ reschedule/ extend the Reverse Auction process/ tender
at any time, before ordering, without assigning any reason.
CSPDCL shall not have any liability to bidders for any interruption or delay in access to the
auction website irrespective of the cause. In such cases, the decision of CSPDCL shall be
binding on the bidders.
Other terms and conditions shall be as per bidder’s techno-commercial offers and as per the
RfS document and other correspondences, if any, till date.

99
 Annexure - D
ILLUSTRATIONS
(Please refer Clause 8 of the RfS)

Illustration

a. System Availability

100
Under a BESPA between an off-taker „X‟ and BESSD „Y‟ for a capacity „C‟, the Schedule
and Actual Injection into/Drawl from the Grid from the Project, as per the DSM/ UI Reports
published by the SLDC for a Sample day is shown below:
Time-block
Drawl (from Injection (into Availability,
Grid) MW Grid) MW Scheduled (TA)
(Charging) (Discharging) Mus = (Xi/Zi) +
date block (X) (Y) (Z) (Yi/Zi)
01-May-22 1 250 0 250 1
01-May-22 2 250 0 250 1
01-May-22 3 240 0 250 0.96
01-May-22 4 240 0 250 0.96
01-May-22 5 235 0 250 0.94
01-May-22 6 235 0 250 0.94
01-May-22 7 240 0 250 0.96
01-May-22 8 240 0 250 0.96
01-May-22 9 0 0 12.5 0
01-May-22 10 12.5 0 0 NA
01-May-22 11 0 0 0 NA
01-May-22 12 0 0 0 NA
01-May-22 13 0 0 0 NA
01-May-22 14 0 0 0 NA
01-May-22 15 0 0 0 NA
01-May-22 16 0 0 0 NA
01-May-22 17 0 0 0 NA
01-May-22 18 0 0 0 NA
01-May-22 19 0 0 0 NA
01-May-22 20 0 0 0 NA
01-May-22 21 0 0 0 NA
01-May-22 22 0 0 0 NA
01-May-22 23 0 0 0 NA
01-May-22 24 0 190 250 0.76
01-May-22 25 0 190 250 0.76
01-May-22 26 0 200 250 0.8
01-May-22 27 0 200 250 0.8
01-May-22 28 0 200 250 0.8
01-May-22 29 0 200 250 0.8
01-May-22 30 0 200 250 0.8
01-May-22 31 0 200 250 0.8
01-May-22 32 0 0 0 NA
01-May-22 33 0 0 0 NA
01-May-22 34 0 0 0 NA
01-May-22 35 0 0 0 NA
01-May-22 36 0 0 0 NA
01-May-22 37 0 0 0 NA
01-May-22 38 0 0 0 NA
01-May-22 39 0 0 0 NA

101
01-May-22 40 0 0 0 NA
01-May-22 41 0 0 0 NA
01-May-22 42 0 0 0 NA
01-May-22 43 12.5 0 12.5 1
01-May-22 44 245 0 250 0.98
01-May-22 45 240 0 250 0.96
01-May-22 46 240 0 250 0.96
01-May-22 47 235 0 250 0.94
01-May-22 48 240 0 250 0.96
01-May-22 49 250 0 250 1
01-May-22 50 250 0 250 1
01-May-22 51 250 0 250 1
01-May-22 52 0 0 0 NA
01-May-22 53 0 0 0 NA
01-May-22 54 0 0 0 NA
01-May-22 55 0 0 0 NA
01-May-22 56 0 0 0 NA
01-May-22 57 0 0 0 NA
01-May-22 58 0 0 0 NA
01-May-22 59 0 0 0 NA
01-May-22 60 0 0 0 NA
01-May-22 61 0 0 0 NA
01-May-22 62 0 0 0 NA
01-May-22 63 0 0 0 NA
01-May-22 64 0 0 0 NA
01-May-22 65 0 0 0 NA
01-May-22 66 0 0 0 NA
01-May-22 67 0 0 0 NA
01-May-22 68 0 0 0 NA
01-May-22 69 0 0 0 NA
01-May-22 70 0 0 0 NA
01-May-22 71 0 0 0 NA
01-May-22 72 0 0 0 NA
01-May-22 73 0 0 0 NA
01-May-22 74 0 0 0 NA
01-May-22 75 0 0 0 NA
01-May-22 76 0 0 0 NA
01-May-22 77 250 0 250 1
01-May-22 78 0 0 0 NA
01-May-22 79 0 0 0 NA
01-May-22 80 0 0 0 NA
01-May-22 81 0 230 250 0.92
01-May-22 82 0 235 250 0.94
01-May-22 83 0 235 250 0.94
01-May-22 84 0 230 250 0.92

102
 01-May-22 85 0 200 250 0.8
01-May-22 86 0 190 250 0.76
01-May-22 87 0 185 250 0.74
01-May-22 88 0 0 0 NA
01-May-22 89 0 0 0 NA
01-May-22 90 0 0 0 NA
01-May-22 91 0 0 0 NA
01-May-22 92 0 0 0 NA
01-May-22 93 0 0 0 NA
01-May-22 94 0 0 0 NA
01-May-22 95 0 0 0 NA
01-May-22 96 0 0 0 NA
Total 3905 3295 8025 29.7
NO OF BLOCK IN COLUMN Z IS NOT 34
ZERO
SYSTEM AVAILABILITY 0.87
Note: For calculating the System Availability for day/month, schedule provided by
Procure/SLDC to be considered. Shortfall in System Availability will be calculated as per
below methodology. DSM / UI charges shall be treated separately as per applicable
regulations and paid by BESSD.
If CSPDCL has scheduled for charging of BESS & discharge of BESS and BESSD has
not charge & discharge the BESS according to schedule then TA will be calculated as
TA= (X/Z)+(Y/Z) for that time block.
If CSPDCL has not scheduled for charging of BESS & discharge of BESS then TA will
be NA for that time block.
If CSPDCL has not scheduled for charging of BESS and BESSD has taken charging
power from grid then TA will be NA for that time block.
If CSPDCL has not scheduled for discharge of BESS and BESSD has discharge power to
the grid then TA will be NA for that time block.
If CSPDCL has scheduled for charging of BESS & discharge of BESS and BESSD has
charge & discharge the BESS near to zero or zero then TA will be treated as Zero for
that time block.

i is the ith Time block in the day.

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

103
 Liquidated Damages on account of shortage in annual system Availability, as calculated
from formula provided in Clause 8.2:
Liquidated damages = (A – B) x C x D x n x 2

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

The present illustration is for calculating the Daily System Efficiency as demonstration
only. The same methodology shall be used for calculation of monthly system efficiency as
per Clause 8.1.d.3.

System Efficiency = Total of Column (Y) = 3295 = 0.8437 ~ 0.84 (rounded off to 2 decimal
Total of Column (X) 3905
places).
Assuming:

a. monthly System Efficiency = 0.84,

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

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

104
 Annexure - E
PROJECT LOCATION DETAILS

List of 33/11 KV S/s where BESS System to be installed

Estimated BESS
Sr. Proposed Capacity
Package No. Project Location Name of District Capacity
No. (MW)
(MWh)

1 2 3 4 5 6
1 33/11 KV S/s Kharora 10 20
2 33/11 KV Tohda S/s 10 20
Raipur
3 1 33/11 KV Tarashiv S/s 15 30
4 33/11 S/s Khorpa 15 30
TOTAL-1 50 100
5 33/11 KV Manohara S/s 10 20
6 33/11 KV Bitkuli S/s Baloda Bazar 10 20
7 33/11 KV Hathband S/s 10 20
8 2 33/11 KV Newara S/s Bilaspur 10 20
9 33/11 KV S/s Dolna Raigarh 10 20
10 33/11 KV S/s Baloda Janjgir-Champa 10 20
TOTAL-2 60 120
11 33/11 KV S/s Nankatti 10 20
12 33/11 KV Berla S/s 10 20
13 33/11 KV Thelka S/s 10 20

14 33/11 KV Rajpura S/s Durg 10 20

15 3 33/11 KV Dargaon S/s 10 20
16 33/11 KV Khairjhiti S/s 10 20
17 33/11 KV Ahiwara S/s 10 20
18 33/11 KV Arasnara S/s 10 20

TOTAL-3 80 160

19 33/11 KV Chandanu S/s 10 20

20 33/11 KV Sarda S/s 10 20

Bemetara
21 33/11 KV Neonara S/s 10 20
4
33/11 KV Malda (Khapri)
22 10 20
S/s

33/11 KV Bhardakala
23 Balod 10 20
S/s

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 TOTAL-4 50 100

Estimated BESS
Sr. Proposed Capacity
Package No. Project Location Name of District Capacity
No. (MW)
(MWh)

1 2 3 4 5 6
24 33/11 KV S/s Jhilmila 10 20
25 33/11 KV S/s Tendukona 10 20
26 33/11 KV S/s Kasturbod Mahasamund 10 20

27 5 33/11 KV Gadfuljhar S/s 10 20

28 33/11 KV SECL S/s 15 30

Surajpur
29 33/11 KV NCDC 15 30

TOTAL-5 70.00 140.00

30 33/11 KV Baghera S/s 10 20

31 33/11 KV Ghumka S/s 10 20
32 33/11 KV Somani S/s 10 20
33 33/11 KV Charbhata S/s 10 20
Rajnandgaon
34 6 33/11 KV Khujji S/s 10 20
35 33/11 KV Tumdibod S/s 10 20
33/11kV Substation
36 10 20
Thelkadih
TOTAL-6 70 140

GRAND TOTAL 380.00 760.00

106
 Annexure - F
FORMAT FOR COMMISSIONING OF BESS & OTHER DETAILS

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

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

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Annexure – G:
List of Banks

(Refer to para 2(b) of notification dated April 13, 2020)

List of Scheduled Commercial Banks

PUBLIC SECTOR BANKS PRIVATE BANKS

1 State Bank of India 1 Axis Bank Ltd.
2 Bank of Baroda (Including Vijaya Bank and 2 Catholic Syrian Bank Ltd.
Dena Bank)
3 Bank of India 3 City Union Bank Ltd.
4 Bank of Chhattisgarh 4 Development Credit Bank Ltd.
5 Canara Bank (Including Syndicate Bank) 5 Dhanlaxmi Bank Ltd.
6 Central Bank of India 6 Federal Bank Ltd.
7 Indian Bank (Including Allahabad Bank) 7 HDFC Bank Ltd.
8 Indian Overseas Bank 8 ICICI Bank Ltd.
9 Punjab National Bank (including Oriental 9 IndusInd Bank Ltd.
Bank of Commerce and United Bank of India)
10 Punjab & Sind Bank 10 Jammu & Kashmir Bank Ltd.
11 Union Bank of India (including Andhra Bank 11 Karnataka Bank Ltd.
and Corporation Bank)
12 UCO Bank 12 Karur Vysya Bank Ltd.
13 Kotak Mahindra Bank Ltd.
14 Lakshmi Vilas Bank Ltd.
15 Nainital Bank Ltd.
16 Ratnakar Bank Ltd.
17 South Indian Bank Ltd.
18 Tamilnad Mercantile Bank Ltd.
19 Yes Bank Ltd.
20 Bandhan Bank
21 IDFC Bank Ltd.
22 IDBI Bank Ltd

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 FOREIGN BANKS
1 The Royal Bank of Scotland N.V 23 Mizuho Corporate Bank Ltd.
2 Abu Dhabi Commercial Bank Ltd. 24 Oman International Bank
3 Antwerp Diamond Bank N.V 25 SocieteGenerale
4 Arab Bangladesh Bank Ltd.(AB Bank) 26 Sonali Bank
5 Bank International Indonesia 27 Standard Chartered Bank
6 Bank of America 28 State Bank of Mauritius
7 Bank of Bahrain & Kuwait B.S.C 29 JSC - VTB Bank
8 Bank of Ceylon 30 UBS AG
9 Bank of Nova Scotia 31 American Express Banking Corporation
10 Bank of Tokyo - Mitsubishi Ltd. 32 First Rand Bank Ltd.
11 Barclays Bank 33 Commonwealth Bank of Australia
12 BNP Paribas 34 United Overseas Bank Ltd.
13 China Trust Bank 35 Credit Suisse A.G
14 Shinhan Bank 36 Sberbank
15 Citibank N.A 37 Australia and New Zealand Banking
Group Ltd.
16 Credit Agricole Corporate and 38 Rabobank International
Investment Bank
17 Deutsche Bank 39 National Australia Bank
18 DBS Bank Ltd. 40 Woori Bank
19 Hongkong and Shanghai Banking 41 Industrial & Commercial Bank of China
Corpn. Ltd.
20 J.P.Morgan Chase Bank N.A 42 Sumitomo Mitsui Banking Corporation
21 Krung Thai Bank 43 Westpac Banking Corporation
22 Mashreqbank 44 Doha Bank

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