Bid Process Jammu

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    National Training Programme For Rural

    Electricity Distribution Franchisees

    10-12 October,2011Venue: JKPDD,JAMMU

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    Energy Division2

    Bid-Process : NIT / RFP

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    Energy Division3

    Tendering Process and Commercial Arrangements

    Notice Inviting Tender

    Developing RFP

    Elements of Contracts Agreement

    Contents

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    Energy Division4

    Bid-Process : NIT / RFP

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    Tendering Process and Commercial Arrangements

    Selection of the franchisee should be done through competitive

    route i.e. bidding route to ensure fairness of the transaction

    The Tendering Process is initiated once the following prerequisitesare in place

    Identifying the suitable franchisee model

    Finalising Roles and Responsibilitiesof the Stakeholders

    Scrutiny of the envisaged model among the Franchisers staff andtheir consensus-This is purely for the creation of a conducivesystem which go hand in hand with the Franchisee system

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    Issue of Notice Inviting Tender

    Defining the Franchisee Model

    Defining the Roles and Responsibilities

    of the Franchisee and Stakeholders

    Technical and Financial bid evaluation

    Franchisee

    selection

    Signing of Franchisee Agreement

    and Bank Guarantee

    Responsibility delegation and

    Asset Transfer to the Franchisee

    Letter of Award

    Consensus by

    Franchiser

    Bid Submission

    Pre-Bid conference -if required

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    Notice Inviting Tender

    Notice inviting Tender-Advertisement for calling EOIs or bids for

    Franchising should cover the following information:

    Objective in brief

    Name of the area

    Date of sale of tender document

    Last date and time for sale of tender document

    Last date and time of submission of bids

    Cost of purchase of tender document

    Address from where the tender document can be purchased

    Earnest Money Deposit (EMD) amount with details regarding bank draft, etc.

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    Developing RFP

    Designing Bid Document- Covering all the details which needs to becommunicated to the interested parties like;

    Information about the Project

    Any legal provision under which the project is promoted

    The selection criteria for the bid

    Scope of work under the project

    The baseline detail of the commercial information

    Information for purchase of the document and its availability

    Fee submission and the form in which it needs to be provided

    Formats for the bids are required to be submitted

    The due dates of the submission of the bids and the opening

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    Energy Division9

    Baseline Information

    The most critical factor that shall enable the franhcisee to

    bid realistically are the Commercial & Technical information.

    The Level of information to be provided in the Bid documentdepends on the following factors:

    Rural or Urban franchisee ?

    Franchisee Model being envisaged ?

    The size of the area selected for the franchiseeimplementation ?

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    Energy Division10

    Commercial Information

    The Commercial Information should cover the

    following (should be based on more than oneyear data):

    Number of consumers

    Connected load

    Units billedAmount billed

    Arrears

    Payments made by the consumers

    New connections/Disconnection

    Energy supplied to the areaT&D losses

    Annual average expenses in the area

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    Energy Division11

    Technical Information

    The Technical Information should cover the following:

    Number of Distribution Transformer installed/ damage record & theircapacities

    HT/LT line length in the area

    Energy consumption pattern

    Supply schedule and breakdown history

    Substation and their transformation capacities

    Number of LT feeders and whether Rural/Urban

    In case of any already running augmentation of other schemesplanned should also be informed through theBid Document

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    Energy Division12

    Eligibility Criteria

    Bid Submission and Earnest Money Deposit

    In the sequence and according to the processdesigned

    Establishing the eligibility criteria

    Franchiser needs to select the candidate based on the

    already established criteria

    These criteria depends on the following:Franchisee Model- Rural/Urban

    Size of revenue billing and assessment

    Consumer mix in the area to be franchisedSize of investments required over the term of contract period

    Financial capacity to cater to the investment requirements

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    Energy Division13

    Objectives of the Agreement

    Franchisee Agreement is a record that contains the details of rolesand responsibility. The agreement needs to be answer the following

    questions clearly:

    Whether contract protects the franchisee and the franchiser?

    Are the rights and obligations of both parties clearly stated?

    What is the legal framework within which both franchisee andfranchiser have to function?

    Is the contract specific about the type and size of operation that thefranchisee is expected to manage?

    Is the nature duration and extent of training to be imparted by thefranchiser outlined in the contract?

    Whether the various payments to be made to the franchiser by thefranchisee have been specified?

    Other fixed payments.

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    Energy Division14

    Objectives of the Agreement

    Source of essential supply for proper O&M of the system.

    If interrupted supply is provided by the utility, what are the arrangementsfor compensation to the franchisee?

    Various MIS reports needed to be submitted to the franchiser by thefranchisee.

    Duration of the franchisee contract and terms for renewal of the contract.

    Area allocated to the franchisee for the intended franchisee operation.

    Reasons for termination of the contract and its terms and conditions.

    If there is any default in the contract, what are the measures that can bepermitted to rectify the situation?

    Arbitration clause.

    Whether franchisee is prevented from engaging itself in any other businessactivity for the duration of the contract?

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    Energy Division15

    Structure of an AgreementThe Agreement may be structures so as to cover the following details;

    Information about the project and the area

    Roles and responsibilities in detail of the parties

    Liabilities and duties in case of Force Majeur

    Contract period and Agreement validity

    Technical boundaries need be defined

    The agreed Bulk supply Tariffor incentive as the case may be and the provisionsof its revision

    Responsibility shares in case of accidents and other commercial activities

    Targets (if any) for the Franchisee/Franchiser at the end of the contract period

    Termination of the agreement

    This documents needs to be signed on every page by the parties and in presenceof witness from both parties

    All of the above are subjective and may be changed according to the Model envisaged

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    Energy Division16

    Thank You