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(b) In accordance with the said guidelines the Noida Power (R-2), a distribution licensee supplying power in Greater Noida area, filed a petition on 25.3.2009 before the State Commission seeking for the approval of the bidding documents for procurement of 500 MW of power by competitive bidding under Section 63 read with the said guidelines.

(c) Accordingly, the State Commission on 8.10.2009 approved the bidding process proposed by the Noida Power Company Ltd but directed the Noida Power to approach the State Commission if any deviation other than that was allowed from Standard document of Request for Proposal during the pre bid meetings. In addition to that, the State Commission directed the Noida Power to keep the State Commission informed about the each stage of the bid process.

13. In a scenario as mentioned above, The Commission contemplates that the Procurer is fully authorized to take any such measure in his sole discretion as may be deemed fit as per the provision made under clause 2.5 (b) (iii) of the standard document of Request of Proposal (RFP) for procurement of power through Case 1 bidding as per guidelines of Government of India. In view of this, the Commission directs the Petitioner to take necessary measures in this regard as per the provision made under afore mentioned clause 2.5 (b) (iii) of the standard document of Request of Proposal (RFP)". {emphasis added}

"In a scenario as mentioned above, The Commission contemplates that the Procurer is fully authorized to take any such measure in his sole discretion as may be deemed fit as per the provision made under clause 2.5 (b)

(iii) of the standard document of Request of Proposal (RFP) for procurement of power through Case 1 bidding as per guidelines of Government of India. In view of this, the Commission directs the Petitioner to take necessary measures in this regard as per the provision made under afore mentioned clause 2.5 (b) (iii) of the standard document of Request of Proposal (RFP)".

The Hon'ble Commission heard the matter on 20.5.2011and vide its Order dated 30.5.2011, inter-alia, has issued the following direction:

13. In a scenario as mentioned above, the Commission contemplates that the procurer is fully authorized to take any such measure in his sole discretion as may be deemed fit as the provision made under clause 2.5 (b) iii of the standard document of request of Proposal (RFP) for procurement of power through case 1 bidding as per guidelines of Government of India. In view of this, the Commission directs the petitioner to take necessary measures in this regard as per the provision made under afore mentioned clause 2.5 (b) iii of the Standard document of request of proposal (RFP).