before the State
Commission seeking for the approval of the bidding
documents for procurement of 500 MW of power by
competitive bidding under Section ... procurement of power through
competitive bidding process, the procurer has to finalize
the complete bidding process including finalization of RFP
and other related documents with
Procurer".
40. Article 14.4 provides for termination of Procurer's
event of Default. The same is as follows:
"14.4 Termination for Procurer ... bidding documents
originally circulated in February, 2006 and the
bidding documents based on which the final bid was
given. In the original documents, there
Regulation 7 of the Power Procurement Regulations and
also Clause 3.5.7 of the Competitive Bidding Documents notified under Section
63 of the Electricity ... Determination of Tariff by Bidding Process for procurement of
power by Distribution Licensees;
(c) The Standard documents for Request for Proposal the PPA notified
before the State Commission seeking
approval for bidding documents prepared by the Appellant for
procurement of power on a long-term basis.
8. The State ... guidelines issued by the
Central Government or in the bidding documents prohibiting the
procurer to have negotiations with bidders for bringing down the
price
made an express, unambiguous
and specific representation in the bidding documents
and other relevant documents provided in terms of the
RFP that the Project site ... find that erroneous
intimation of the Seismic Zone by the Procurer in the
bid documents would not be covered in Procurer's
Event
procurer. However, if
the bid documents are as per the standard bid documents,
the procurer of power has to send an intimation to the State ... admitted that the documents including the PPA were as
per the Standard Bidding Documents. Hence, there was no
necessity for the procurer to obtain
report of July, 2014 which is the self serving
document procured by the Respondent No.1 for the purpose of
getting over the 2009 report
penalty for
the shortfall in supply.
13. Admittedly, neither the bid documents for procurement
of short term supply by the distribution licensee ... rate. We feel that the provisions of the Standard
Bidding Document for procurement of long term supply
under case I framed by the Ministry
approve the power procurement at the tariff
discovered and the trading margin provided in the bidding documents by
taking into consideration the then necessity ... proceed to
see the provisions pertaining to procurement of power in terms of
guidelines.
56. RfS document, PPA and PSA at 2.1.1 of guidelines
grounds given under clause 2.12.2 of
the RFP document which can be invoked by the procurer for the
invocation/encashment of the bid bond. These ... supply
power to the Procurer as per the terms of PPA and other
RFP Project Documents.
45 of 51
Appeal
