bidding process and to file with the State Commission the
outcome of the bidding process for approval of the PPAs. All the
deviations from ... bidding and till
completion of the bid process and even up to the Impugned
Order date. The Respondent No. 2 initiated the bidding process
into after
following the bidding guidelines. In terms of the
competitive bidding guidelines, the PPA was in terms
of Standard Bidding Documents. There ... bidding documentation from the standard
bidding document specified by the Government of India
under the bidding guidelines. However, the Appellant has
pointed out deviation
bid condition and it had kept available a capacity of 240
MW during the bidding process. Due to the deviation of bid
process, the Appellant ... procure power under the bidding frame work.
During the competitive bidding process, Noida Power could
seek for deviations in time only in line with
bidders cannot deviate. Therefore, the Board had
the full power and right to deviate from/ modify any condition of the
bid document once the selection ... being offered.
(nn) It is also settled law that a deviation by the bid inviting authority is
not permissible under Article 14 of the Constitution
Bidding Process for
Procurement of Power by Distribution Licensees, 2005 (Competitive
Bidding Guidelines) under Section 63 of the Electricity Act, 2003.
The Competitive Bidding Guidelines ... bid conference based on which the bid was
submitted by the SEL. The R-1 should be safeguarded against any
deviations in specifications of coal
null and void and do
not come into force.
14.14 The Competitive Bidding Guidelines do not in any manner restrict the power of
the State ... deviating the quantum of
power once approved by it and PPAs executed accordingly?
(ii) Whether the Respondent Commission failed to consider that once
the Bid
tariff discovered in competitive bidding conducted in
2009-10 under Section 63 of the Act.
c) Under the bidding guidelines deviations are permissible
as long ... Even though
the State Commission has powers to approve deviation
in competitive bidding process as stipulated in the
competitive bidding guidelines, what
bid purchase upto 24.5.2010 and
thereafter bid submission date upto 31.5.2010. Again the
bid purchase date was extended upto 8.7.2010 and then
bid submission date ... that too after the event of bidding and after
the Respondent Consortium submitting the bid in material
deviation from the tender terms and conditions
Competitive
11
Bidding Guidelines in constituting the Bid Process Co-ordinator
and Bid Evaluation Committee, it would be only a minor
immaterial deviation which does ... bids shall be considered for further evaluation on the
transmission charge bids. The transmission charge bid is liable
to rejection in case of deviation from
qualification criteria stipulated in the Bidding
Documents, the bidding process was annulled.
The bids under re-bidding were invited on 27/09/2007 after
incorporation ... meet
bidding qualification Criteria-Bid
process annulled
3 27.9.2007 Re-bidding (Global) After revised qualifying
requirement
4 14.12.2007 Bids opened Deviation by bidders on
design
