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It may be further noted that the Standard Bidding Documents (SBDs) and the Guidelines for procurement of power do not derive their authority from the Coal Mines (Special Provisions) Ordinance, 2014, (now replaced by an Act), of Rules 2014 and CMDPA thereunder. These documents are dynamic in nature and evolve with time based on experience. It is always open to Government to amend these documents/ guidelines for future procurement of power. On the other hand, if the contention of the petitioners is accepted, it wold imply that the SBDs/guidelines cannot be amended at any time in future. In fact, in past, the Government has brought about changes in these documents/guidelines from time-to-time.

IV. As far as fixed/capacity charges are concerned, the power procurer shall determine, in advance, in consultation with the Apppropriate Commission, an upper ceiling in terms of Rs/Kwh towards the fixed/capacity charges. This shall also be indicated in advance to all the prospective bidders while inviting DBFOO (earlier Case-I) bids as part of bid document. V. The power procurers may carry out necessary modifications, if any required, in the DBFOO/Case-1 bidding document for giving effect to the above Guidelines with the concurrence of Appropriate Commission.