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GOVERNMENT OF SRI LANKA

MINISTRY OF POWER AND RENEWABLE ENERGY


CEYLON ELECTRICITY BOARD

REQUEST FOR PROPOSALS


for
Supply of Supplementary Electrical Power of 22 MW, 24 MW, 10 MW,
24 MW and 20 MW at Pallekele, Hambantota, Galle, Matugama and
Habarana GSS respectively (total of 100 MW)on Short Term Basis

Tender No: DGM(EPT)/EmPwr/2017/01

INSTRUCTIONS TO PROPOSERS

Volume I

November 2017

Ceylon Electricity Board


No. 50, Sir Chittampalam A. Gardiner Mawatha, COLOMBO 00200,SRI LANKA
Abbreviations

CEB - Ceylon Electricity Board


SCAPC - Standing Cabinet Appointed Procurement Committee
ITP - Instructions to Proposers
CPC - Ceylon Petroleum Corporation
GOSL - Government of Sri Lanka
GSS - Grid Substation
IPP - Independent Power Producer
LECO - Lanka Electricity Company (Private) Ltd.
LOI - Letter of Intent
MOP&RE - Ministry of Power & Renewable Energy
TEC - Technical Evaluation Committee
RFP - Request For Proposal
PPA - Power Purchase Agreement
PPP - Private Power Producer
PRCO - The Project Company, as defined in Clause 6.4

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 2
Government of Sri Lanka
Ministry of Power and RenewableEnergy

CEYLON ELECTRICITY BOARD


Supply of Supplementary Electrical Power(Total of 100 MW) on Short Term Basis

Instructions to Proposers

Contents
1 INFORMATION TO PROPOSERS .......................................................................................... 5
1.1 INTRODUCTION TO CEYLON ELECTRICITY BOARD .................................................................... 5
1.2 SCOPE OF THE PROJECT ............................................................................................................. 5
1.3 LAND ......................................................................................................................................... 6
1.4 POWER SUPPLY ......................................................................................................................... 6
1.5 FUEL SUPPLY............................................................................................................................. 6
1.6 KEY PROJECT MILESTONES SCHEDULE ..................................................................................... 7
1.7 DISCLAIMER .............................................................................................................................. 7
2 INSTRUCTIONS TO PROPOSERS.......................................................................................... 9
2.1 REQUESTS FOR CLARIFICATIONS ............................................................................................... 9
2.2 VISITS TO GRID SUBSTATION SITES ........................................................................................... 9
2.3 PREPARATION OF THE PROPOSAL .............................................................................................. 9
2.4 TECHNICAL AND COMMERCIAL DATA ....................................................................................... 9
2.4.1 Guaranteed Plant Capacity ............................................................................................ 10
2.4.2 Documents required to be submitted .............................................................................. 10
2.5 FINANCIAL DATA .................................................................................................................... 11
2.5.1 Tariff Structure............................................................................................................... 11
2.5.2 Currencies of Tariff and Payments ................................................................................. 13
2.6 TERM OF THE POWER PURCHASE AGREEMENTS ...................................................................... 14
2.7 FORMAT, SEALING, MARKING AND SUBMISSION OF PROPOSALS ............................................. 14
2.8 VALIDITY OF THE PROPOSAL ................................................................................................... 15
2.9 CLOSING DATE AND LATE PROPOSALS .................................................................................... 15
2.10 PROPOSAL OPENING ................................................................................................................ 15
2.11 CONFIDENTIALITY ................................................................................................................... 15
2.12 CORRECTION OF ERRORS ......................................................................................................... 16
2.13 COST OF PREPARATION OF DETAILED PROPOSAL .................................................................... 16
2.14 SECURITY REQUIREMENTS ...................................................................................................... 16
2.14.1 Proposal Security ............................................................................................................ 16
2.14.2 Performance Security ..................................................................................................... 17
2.15 PROPOSER'S RESPONSIBILITIES ................................................................................................ 17
3 PROJECT DESCRIPTION AND PERFORMANCE SPECIFICATIONS ......................... 18
3.1 PROVEN TECHNOLOGIES ......................................................................................................... 18
3.2 TECHNICAL INFORMATION ...................................................................................................... 18
3.3 POWER TRANSMISSION ............................................................................................................ 19
3.4 FUEL AND LUBE OIL ................................................................................................................ 19
4 ENVIRONMENTAL CONSIDERATIONS ........................................................................... 20
4.1 ENVIRONMENTAL REQUIREMENTS .......................................................................................... 20
4.2 DISPOSAL OF SOLID & LIQUID EFFLUENTS ............................................................................... 20
4.3 CONTROL OF EMISSIONS.......................................................................................................... 20
4.4 ARCHAEOLOGICAL REQUIREMENTS ........................................................................................ 20

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 3
5 EXPERIENCE OF THE PROPOSER ........................................................................................ 21
5.1 QUALIFICATIONS OF THE PROPOSER ........................................................................................ 21
6 EVALUATION AND AWARD ................................................................................................ 23
6.1 OUTLINE OF EVALUATION PROCEDURE ................................................................................... 23
6.2 RIGHT TO REJECT PROPOSALS ................................................................................................. 23
6.3 EVALUATION: RESPONSIVENESS ............................................................................................. 23
6.4 LETTER OF INTENT .................................................................................................................. 26
6.5 COST AND RISK IN FINALISING PROJECT AGREEMENTS........................................................... 26
ANNEX-A1: FORM OF PROPOSAL SECURITY ..................................................................... 27
ANNEX-A2: LETTER OF INTENT ............................................................................................. 28
ANNEX A3 FORM OF PERFORMANCE SECURITY ............................................................ 30

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 4
1 INFORMATION TO PROPOSERS

1.1 Introduction to Ceylon Electricity Board

Ceylon Electricity Board (“CEB”) is a body corporate established by Act No.17 of


1969, and having its Head Office at No. 50, Sir Chittampalam A. Gardiner Mawatha,
in Colombo 2.

CEB has been established by the Government for the development and co-ordination
of the electrical energy requirements of the country and is presently engaged in the
generation, transmission, distribution and sale of electrical energy in most areas of
Sri Lanka.

The Ministry of Power and Renewable Energy oversees the activities of Ceylon
Electricity Board.

In 2016, Net generation by CEB and PPPs amounted to 14,148GWh, meeting a peak
demand of 2,283 MW. The total installed capacity is 4,018 MW, of which, 2,115MW is
Thermal Generating Plants.CEB currently operates a 220 kV /132 kV transmission
network, with a total route length of approximately2,912 km. Transmission of
electricity is currently undertaken exclusively by CEB, while CEB and Lanka
Electricity Company (Private) Limited (LECO) distribute electricity over the country.
LECO is a subsidiary of CEB.

1.2 Scope of the Project

CEB hereby invites Proposals in a prescribed format (“Proposal”) for supply,


delivery, erection, testing, commissioning, operation and maintenance of Thermal
Power Plantsof specified capacities, at the following five inter connection points at
five locations as more fully set out in the milestone schedule in Clause 1.6.

The available inter connection points, the limitations of capacities and the connection
voltage level for acceptance of power for each location are:

Location Maximum Connection


Capacity Voltage

1 Pallekale Grid Substation 22 MW 33 kV


2 Hambantota Grid Substation 24 MW 33 kV
3 Galle Grid Substation 10MW 33 kV
4 MathugamaGrid Substation 24MW 33 kV
5 HabaranaGrid Substation 20 MW 33 kV

Selection of a Proposer will be governed by the objective of obtaining Electrical


Power at each of the above Grid Sub Station (GSS) at the optimum tariff and in

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 5
shortest possible time. Proposals of power for each GSS will be evaluated
separately.
Proposers can offer bids for one or more sites depending on proposer’s capability.

Emergency Supplementary Power Generation at all GSS should commence


commercial operation by February 12, 2018. The term of power purchase agreement
shall end by August 11, 2018.

The Facility shall include (but not limited to), power generating plants, fuel
supply/storage/treatment systems, stand-by / auxiliary / emergency power
requirements, water requirements, liquid and solid waste disposal systems,
environmental impact mitigatory measures, step up transformers, switch gear &
protection schemes, transmissions lines (overhead or underground up to the
Interconnection Point), and all other appurtenant equipment up to the
Interconnection Point.

Electrical protection of the plant shall be co-ordinated to ensure that, in the case of
external faults on the CEB system, the plant shall withstand the fault and not trip for
at least one second. If the external fault is not cleared by the CEB system within one
second, the plant shall then isolate from the CEB system, and remain at “Full Speed
No Load” and thereafter shall be available for immediate reconnection and loading
once the fault is cleared.

1.3 Land

The land will be provided by CEB. Land development , site preparation including
access roads and the installation of the earthing facilities as per the relevant
standards shall be undertaken by the proposer.

1.4 Power Supply

CEB, upon request of the PRCO (Project Company), will provide 400V, 50 Hz, 3
phase power to the site for construction, testing, commissioning and operation of the
Facility according to the same terms and conditions applicable at the relevant time to
the relevant category of CEB's industrial consumers. All costs of providing electricity
to the Site will be priced at the same rates applicable at the relevant time as for the
relevant category of CEB's industrial consumers. If the electricity distribution in the
area is under the authority of LECO (Lanka Electricity Company), the Proposer will
have to obtain the construction / station supply from LECO.

1.5 Fuel Supply

The PRCO shall solely be responsible for supply, storage, any filtering, treatment or
conditioning of Fuel and Lube Oil required for operating the Power Station.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 6
The PRCO may obtain fuel for the Facility from any fuel supplier and enter into an
agreement with fuel supplier in this regard. All payment to the fuel supplier
(including delay charges etc.,) shall be directly done by PRCO.

However, CEB, upon request the PRCO, will provide an undertaking of payment
guarantee for fuel requirement of one month, by issuing a letter to the fuel supplier.

The PRCO shall have its own fuel filtering / treatment plants and storage tank
sufficient to store fuel to allow at least 4 days continuous operation of the Facility at
full load.
1.6 Key Project Milestones Schedule

Activity Date
_____________________________________________________________________

1. Submission of Proposals upto 10:00hrs on December 29, 2017

2. Opening of Proposals 10:00hrs on December 29, 2017

3. Scheduled Final Completion Date February 12, 2018

1.7 Disclaimer

a. The content of this invitation is provided to Proposers to assist them in


obtaining a general understanding of the proposed project. It does not
constitute a recommendation to Proposer to participate in the proposed
project.

b. The information, estimates or opinions are based on present circumstances,


and intentions and may require subsequent modification. While the CEB has
taken all reasonable care to ensure that the information in this Instructions to
Proposers is accurate, they make no representation or warranty, express or
implied, nor take any responsibility of any kind with respect to the
completeness or accuracy of any of the information contained herein.
Therefore, the CEB will not be liable for any loss or damage that may arise
from interpretations, errors or omissions from this ITP.

c. Proposers should not rely on representation made by government employees


or their agents in relation to this project, other than expressly provided for
herein.

d. Proposers shall bear all costs incurred by them associated with the
preparation and submission of their Proposal. The CEB will in no event be
responsible or liable for those costs, including but not limited to those of
professional advice.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 7
e. Proposers shall have no right to claim costs against a decision arising from
the evaluation process.

f. The SCAPC (Standing Cabinet Appointed Procurement Committee)has the


right to accept or not to accept or not to proceed with any or all of the
Proposals received. The SCAPC maintains the right to terminate this process
after the receipt of Proposals.

g. The CEB shall have no contractual or other obligations with any of the
Proposers as a result of this ITP.

h. The CEB reserves the right to seek any further information that they may be
required from Proposers.

i. The CEB/SCAPC reserves the right not to disclose any details regarding the
evaluation process.

j. No verbal agreement or conversation with any officer, agent or employee of


the CEB, neither before nor after the execution of the Proposal, shall affect or
modify any of the terms or obligations contained in the Agreements.

k. The CEB will not assume any responsibility regarding interpretations or


conclusions made by the Proposer based on data furnished by the CEB or
which the Proposer may obtain or arrive at from information given on the
Proposal Drawings, Technical Specifications or Information for Proposers.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 8
2 INSTRUCTIONS TO PROPOSERS

2.1 Requests for Clarifications

Proposers desiring any explanations and/or clarifications regarding these


Instructions to Proposers may submit their written requests by facsimile, e-mail or by
registered mail to:

Deputy General Manager (Energy Purchase-Transmission)


Ceylon Electricity Board
6th Floor,
50, Sir Chittampalam A. Gardiner Mawatha
Colombo 00200 SRI LANKA
FAX:+94-11-2344774
E mail: dgmept@ceb.lk

Such requests shall be received no later than five working days (excluding
Saturday, Sunday and Public holidays) before closing date. Replies to such
clarification requests will be made available by CEB to all Proposers through email in
four working days. The CEB will not entertain any request for clarifications on the
ITP after this date.

2.2 Visits to Grid Substation sites

Proposers or their representatives are expected to visit the relevant Grid Substation/s
(with prior arrangement with the CEB) and shall ascertain its nature and location,
and assess the general conditions of the site, which may have an impact on the total
project cost. The Proposers shall familiarise themselves with local conditions,
availability of labour, transportation facilities, uncertainties of weather, local laws,
rules and regulations and other contingencies. CEB shall not be responsible for any
misrepresentations concerning information given by any of its officers or agents.

2.3 Preparation of the Proposal

In order to prove compliance with all the requirements of RFP, it is mandatory that
the Proposer shall submit the duly completed Forms Annexed inVolume II of RFP.

2.4 Technical and Commercial Data

The Technical and Commercial data /details furnished by the Proposer should
demonstrate a firm knowledge of project requirements and understanding of the
requisite tasks. This proposal should be formulated to indicate the general approach
or methodology, which is proposed for carrying out the services including such
detailed information as deemed relevant. The requested information shall be
forwarded in the prescribed format annexed herewith.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 9
The Proposer is also required to forward the background, organisation and
experience of its firm and of its consortium partners in the prescribed format in the
Volume II of RFP document.

The Proposer is also required to indicate the major work of similar nature (at least
supply of 30MW of Emergency power on short term basis in a single contract during
last five years, which has been carried out in the past or being carried out by its firm
(or by its Joint Venture or Consortium Partners). The experience gained should be
limited to those projects of supplying emergency power , which the firm was legally
contracted to carry out for clients as corporate entities, which should be prepared to
substantiate the experience gained by providing contractual or other evidence as to,
if so requested by the CEB any time prior to, or, if selected, during negotiations.

2.4.1 Guaranteed Plant Capacity

During the Term, the Proposer is expected to maintain the guaranteed plant capacity
at each GSS as stipulated in clause 1.2, which shall be made available for the CEB to
dispatch. In the event of failing to achieve the Guaranteed Plant Capacity, CEB will
have a right to claim the Liquidated Damages as set out in the PPA.

2.4.2 Documents required to be submitted

The Proposer shall submit the following documents with their proposal:
Failure to submit any of these documents will result in rejection of the proposal.
a. Duly completed Proposal Formsas given in Volume II of this RFP
document (Forms A – G)
b. Duly completed form PCA 3 of the Public Contract Act, No 03 of 1987.
c. In case of the Proposer's firm being a Joint Venture, the Joint Venture
agreement and /or license which define precisely the general conditions
under which it will function, the sponsoring member authorised to
represent it, the shares of participation of each member and the particular
obligation of each and every member under the joint venture, all of whom
shall be jointly and severally liable for any or all obligations under the
Agreement with CEB.
d. Proposal Security of Sri Lankan Rupees one million and hundred
thousand per MW (LKR 1,500,000/= per MW).
e. The Minimum Technical Information specified in Section 3.2, Volume I of
this RFP (This information shall be submitted in the same order along
with the offer).
f. Undertaking by the Proposer that the plant and other auxiliaries are
capable of supplying electricity during the term of the agreement.
g. Undertaking by the Proposer that the plant will be commissioned by the
Scheduled Final Completion Date mentioned in clause 1.6 of this
document.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 10
h. Undertaking by the Proposer that Guaranteed Average Plant Availability
over the Term is equal to 100%

i. Demonstration of the technical capability, experience and expertise (either


directly, in combination or through proposed contractors) of the Proposer
to finance, procure, construct, commission, operate and maintain the
Facility i.e. Successful completion of at least two (02)projects of similar
nature and size of this Project during last five (05) years.
j. Additional documents, if any, to support the proposal.

2.5 Financial Data

The Proposer shall submit its offer on the basis of Tariff Structure specified in clause
2.5.1 below.The Proposer is required to complete the Financial Data forms provided
in Volume II.

2.5.1 Tariff Structure

The tariff structure that will be applied for this project shall comprise of:

(i) Fixed Charge Rate


(ii) Energy Charge

The tariff payable by Ceylon Electricity Board for the capacity availability and
energy supplied by the Company shall be as follows: -

(i) Fixed Charge

Fixed Charge (FC) = US$ [ ] per MW per day

Fixed charge component of the tariff will be paid for the availability of the
Guaranteed Plant Capacity and has no effect on the mode of operation of the
plant. This component of the tariff shall cover all fixed costs including (but not
limited to) following: (Details of which are to be submitted)

• Cost of the Plant (depreciation)


• Cost of the Land development (if applicable)
• Cost of Civil Construction
• Cost of fuel/lube oil storage
• Cost of interconnection including transformers, switchgear, cables etc.
• Infrastructure costs (if any)
• Project development cost (including legal, commercial and financial
costs)
• Interest during construction
• Working capital cost
• Mobilisation cost

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 11
• Demobilisation cost
• Transportation costs (sea, air and land)
• Port handling charges
• Insurance of the plant, machinery and personnel
• Fixed Operation & Maintenance costs
• Profits expected
• Local agent’s commission (if any)
• Any other capital costs (please specify)

Fixed Charge is not subjected to escalation, and will be calculated in US$ based
on the availability of Guaranteed Plant Capacity.

(ii) Energy Charge

• Energy Charge – Fuel Component

Company shall procure, transport and store Fuel (as defined in Volume III
of this Request for Proposals) to the Facility using Company’s (or
hired/leased out) bowsers from outlets of the fuel supplier. Company
may procure Lube oil from any seller in Sri Lanka at the market price.
This component of the Energy Charge shall change in line with increases
in fuel prices invoiced by fuel supplier to the Company.

The tariff rate payable by Ceylon Electricity Board for the energy
produced, supplied by the Company at the metering point shall be
calculated based on the fuel consumption rate proposed by the Proposer,
which shall remain unchanged during the Term.

Energy Charge Fuel Rate (ECFR)= FUCR × FP

Where, FUCR is the fuel consumption rate proposed by the


Proposer, expressed in litres/kWh where kWh shall be
measured at the Interconnection Point

FP is the Fuel Price, as applicable

• Energy Charge - Variable Operation & Maintenance Component

The variable Operation & Maintenance component of the tariff payable


by Ceylon Electricity Board for the energy produced and supplied by
the Company at the metering point shall be calculated based on the
following rates proposed by the Proposer, which shall remain
unchanged during the Term:

US Dollar component of Energy Charge Rate Variable Operation &


Maintenance component (ECOMD) = USD [ ] /kWh

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 12
Rupee component of Energy Charge Rate Variable Operation &
Maintenance component (ECOMR) = LKR [] /kWh

2.5.2 Currencies of Tariff and Payments

The contracted Fixed and Energy Charges shall be paid in accordance with the Terms
and Conditions of the Power Purchase Agreement. All tariff computations shall be
made in US Dollars and in Sri Lanka Rupees only. Payments for the Fixed Charge
and Energy Charge would be calculated in US Dollars or in Sri Lankan Rupees, as
the case may be, and will be paid only in Sri Lankan Rupees after converting the US
Dollar amount to the equivalent Sri Lanka Rupee amount. The tariff calculations
shall not be based on any other currencies or any baskets of currencies.. In the event
it is permissible for CEB to under the LAWS of Sri Lanka to pay in Dollars, CEB may
elect to pay Dollar Denominated Payments in Dollars.

The CEB will facilitate the conversion of any US Dollar equivalent payment made in
Sri Lanka Rupees to be agreed upon by the CEB and the Company.

The tariff as stated above shall exclude any applicable Tax.

Duties, Taxes

All duties, taxes and levies payable on import of associated equipment and spares for
maintenance and operation of the facility shall be paid by the Company and will be
reimbursed by the CEB upon the Company producing documentary evidence to
establish such payment.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 13
2.6 Term of the Power Purchase Agreements

The Term of the Power Purchase Agreement shall be from .................... 2018 to
……………….. 2018.
However,proposers may propose a Guaranteed Commissioning Date prior to
……………………… 2018, in which case the Term shall start from such date of actual
Final Completion.
2.7 Format, Sealing, Marking and Submission of Proposals

The Proposal containing the Technical, Commercial and Financial Proposal


(collectively referred to as “Proposal”) shall be delivered together in a sealed package
which shall contain the envelops "Original", "Copy 1", "Copy 2", "Copy3" and
"Proposal Security" as described in this Clause.

Depending on the capability , each Proposer shall submit only one Proposal for
single or more sites in five locations as specified in clause 1.2 ,accompanied by the
documents specified in Clause 2.4.2, failure to submit these in full shall be subjected
to disqualification.

The package shall also be clearly labelled as a Proposal under this ITP giving the
Proposer’s name and address.

The Technical, Commercial and Financial Proposals shall be enclosed in the Proposal
package bearing the following identification.

TECHNICAL, COMMERCIAL & FINANCIAL PROPOSAL FOR SUPPLY OF


EMERGENCY POWER

PROPOSER'S FULL NAME AND ADDRESS


.....................................................................................

One envelope shall contain one set of documents clearly marked “Original” and
three further envelopes shall each contain the copies of the Technical, Commercial
and Financial Proposals clearly marked “Copy 1”, "Copy 2 and "Copy 3". The name
and address of the Proposer printed on the package will allow the return of the
Proposal unopened in the event of revision or withdrawal (prior to the closing date)
or late delivery.

The original of Proposal Security shall be submitted in a separate envelop marked


“Proposal Security” and shall be included in the Proposal Package

The Proposal containing all above marked packages ("Original", "Copy 1", "Copy 2",
"Copy 3" and "Proposal Security") shall be delivered together in a sealed package to
the following address on or before the stipulated closing time.

DeputyGeneral Manager(Energy Purchases)


Energy Purchase Branch, 6thFloor
Ceylon Electricity Board
50, Sir Chittampalam A Gardiner Mawatha
Colombo 00200, SRI LANKA

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 14
2.8 Validity of the Proposal

Each Proposal shall constitute a firm offer and that shall remain in force and valid for
a period of Thirty (30) days following the Closing Date. During this period the
proposed price shall remain valid and no Proposer shall withdraw its Proposal.

In the event of a Letter of Intent not being issued during this period, CEB may notify
each Proposer by fax at least 7 days prior to the expiration date requesting and
extension of the Proposal validity period. If any Proposer does not agree to such
extension, it may advice CEB of its decision in writing prior to the expiration of the
original period and withdraws its Proposal without forfeiting its Proposal Security.

If the notice of withdrawal is not received by the CEB prior to the expiration date of
the original validity period following the issuance by CEB of a notice of extension,
the extension shall be considered to have been accepted by the Proposer and it shall
extend the effective period of the Proposal Security accordingly or be disqualified.

2.9 Closing Date and Late Proposals

Proposals must be received by CEB at the address given in the clause 2.7 before 10.00
a.m. Sri Lanka standard time on December 29, 2017; the Closing Date. Proposals
received after this time shall not be considered, whatever the reasons for delay in
receipt (including circumstances outside the control of the Proposer) and shall be
rejected.

2.10 Proposal Opening

All Technical, Commercial and Financial Proposals and the envelope containing the
Proposal Security will be opened immediately following the closing of Proposals.
Proposers or their authorised representatives who wish to attend the opening may
do so.

Proposers’ names, any withdrawals, the presence or absence of valid Proposal


Security,Tariff details as given in the Proposal Forms and such other details as CEB
may consider appropriate will be announced at the time of opening of the Proposals.
Information of a commercially sensitive nature to each Proposal will not be disclosed.

2.11 Confidentiality

CEB reserves the right to release information contained in the Proposals to its agents,
consultants and advisers for the purposes of verifying and evaluating the Proposals.
CEB or their agents, consultants and advisers will not be liable for any damages
resulting from any disclosure before, during or after the Proposal handling process.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 15
2.12 Correction of Errors

To assist in the examination, evaluation and comparison of Proposals, CEB may at


any time prior to the issue of the Letter of Intent (LOI) ask any Proposer for
clarification of its Proposal, including breakdown of prices and the tariff.

Arithmetical errors will be rectified on the following basis. If there is a discrepancy


between the unit price and the total cost that is obtained by multiplying the unit
price and the quantity, the unit price shall prevail and the total cost will be corrected.
If there is a discrepancy between the total estimated project cost amount and the sum
of individual components, the total estimated project cost shall prevail.

Where a Proposer wishes to correct other errors in relation to clarifications sought by


CEB, which do not change price or tariff, CEB shall accept such clarifications.

2.13 Cost of preparation of Detailed Proposal

The Proposers shall bear all costs associated with preparation and submission of the
Detailed Proposal. CEB will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the selection process. All costs of the
Proposer for attending any meeting and other site visits will be at the Proposer's own
cost.

2.14 Security Requirements

To guarantee the faithful performance of its obligations to construct and operate the
Power Plant, the Proposer shall post the following security instruments.

2.14.1 Proposal Security

The Proposers who are submitting a Proposal with regard to this project are required
to furnish a Proposal Security payable in Sri Lanka in the amount of Sri Lankan
Rupees one million and five hundred thousand per MW (LKR 1,500,000.00 per MW).
This security shall be in the form of a Bank Guarantee issued by a bank operating in
Sri Lanka which is registered in Central Bank of Sri Lanka, substantially in the form
specified in Annex-A1.

The Proposal Security of any party, whose proposal is not responsive will be
discharged or returned, or both, as promptly as possible upon issuance of a LOI to
the successful Proposer in the form specified in Annex-A2.

The Proposal Security shall be valid for no less than sixty (60) Calendar days from
the closing date for submission of Proposal documents. In the event the date for the
issuance of the LOI is extended by the CEB and the Proposer agrees to such
extension, the Proposal Security shall be re-validated to cover such additional
periods.

The Proposers may forfeit the Proposal Security:

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 16
a. If a Proposer withdraws its Proposal document during the specified
validity period after the Closing Date and time of the Proposals; or

b. if any shareholder in a prospective PRCO acts in violation of clause 5.1

c. In the case of a successful Proposer, if he fails


i) to sign the acceptance of LOI, or
ii) to furnish the Performance Security.

2.14.2 Performance Security

Performance Security should be submitted by the successful bidder within five


working days from LOI. The successful Proposer’s Proposal Security will be
discharged or returned, or both, (without interest) upon the Proposer’s acceptance of
the Letter of Intent, and on furnishing of a Performance Security of Sri Lankan
Rupees Seven million per MW of offered power (LKR 7,000,000.00 per MW), valid
from the date of the issue of the LOI up to 30 days after August 11, 2018.

This security shall be in the form of a Bank Guarantee issued by a bank operating in
Sri Lanka which is registered in Central Bank of Sri Lanka, substantially in the form
specified in Annex-A3.

The successful Proposer’s Performance Security will be discharged or returned, or


both, (without interest) 30 days after successful completion of the Term.

The Proposer may forfeit the Performance Security:

a. If it withdraws its Proposal during the validity period of the LOI; or

b. In case it fails to comply with the requirements of the LOI issued to it;
or

c. Under the specific provisions provided in the PPA

2.15 Proposer's Responsibilities

It will be construed as acknowledgement that the Proposer, by submitting its


Proposal has inquired and satisfied himself as to the nature and locations of the
works general and local conditions, equipment to be furnished or installed, and other
matters which may affect the performance of the work under these agreements and
has formulated its assessment of facilities available and those it will have to supply.

The Proposer affirms by submitting its Proposal, that it has examined carefully and is
fully familiar with all the work involved and that these documents will become an
integrated part of the Agreements if an Award is made to him, and accepts without
any reservation the terms and conditions specified in this document.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 17
The Proposer also affirms that it has familiarised itself with the laws and regulations
valid in Sri Lanka including Labour, Financial, Environmental, Industrial laws and
that complying with these laws and regulations will not affect completion of the
works under this contract.

The failure or omission of any Proposer to receive or examine any form, document or
to visit the site and acquaint itself with conditions existing there shall in no way
relieve it from any obligations with regard to its Proposal.

3 PROJECT DESCRIPTION AND PERFORMANCE SPECIFICATIONS

3.1 Proven Technologies

The technology proposed for the project shall have a proven track record,
demonstrated success in countries with a similar level of technological development
and infrastructure support, as in Sri Lanka.
3.2 Technical Information

Proposer shall provide general technical information, where possible with Technical
Literature to enable CEB to understand the operation of the plant and its peripherals
/ auxiliaries. The following minimum data shall be provided in this regard.

a. Net Unit / Plant Capacity (MW) at ISO conditions and at site conditions.
Number of units proposed,
b. Guaranteed plant capacity at site conditions at the Interconnection Point.
c. Make, Type and Model of each major unit of the Facility.
d. Main Transformer, Unit Transformer, Station Service Transformer, any other
Auxiliary systems details (if any),
e. Starting and cool down device data (if any).
f. Fuel / Lube oil / Hydraulic oil / Cooling water / service water /
Combustion, cooling & sealing air / liquid and solid waste disposal systems
/ heating & ventilation system / environmental impact mitigatory systems /
fire detection & Protection system / exhaust systems related data.
g. Generators /Synchronising devices/ AVR / Exciters including reactive
power controller / converters etc.
h. Governor details capable of providing islanding operation.
i. AC & DC equipment including, MV & LV Switch Gear, Motors,
Inverters/Converters, Batteries & battery chargers etc.
j. Instrumentation, Control & Protection systems including emission / pollution
control systems.
k. Communication Systems including voice and data
l. Black Start facility
m. Any other detail, the Proposer deems necessary

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 18
3.3 Power Transmission

ThePRCO shall design, supply, install, test, commission, operate and maintain the
power transmission line/s at appropriate voltage level, including all associated
equipment up to the Interconnection Point at the identified Grid Sub
Station/Transmission Line.

Proposer shall supply the following data related to the power transmission up to the
Interconnection Point, along with its Proposal.

a. Single line diagram up to the Interconnection Point showing all Circuit


Breakers, Isolators, Current & Potential Transformers for Metering and
Protection at the Facility end, Earthing Switches, Lightning Arrestors, Power
Transformers and Generators.

b. Type & ratings of major electrical equipment including AC & DC equipment,


MV & LV Switch Gear, Motors, Inverters / Converters, Batteries etc. (For this
purpose, the maximum Fault Current at the interconnection point may be
considered as 12kA at 33kV level).

c. Protection scheme proposed to be provided for the transmission line, bus bars,
transformers, generators and other applicable switchgears etc, including fire
protection. Protection Schemes may have interfacing with CEB equipment and
these Protective schemes are subject to concurrence of CEB.

d. Metering devices at the facility including MW/kW and MWh/kWh meters and
chart recorders. (Please note that these meters/recorders shall meter, record,
and transmit the data on the power/energy flow to the CEB system at the
Interconnection Point.)

Any other detail, the Proposer deems necessary

3.4 Fuel and Lube Oil


The PRCO shall solely be responsible for design, supply, storage, any filtering,
treatment or conditioning of fuels & Lube Oil required to operate the Power Station.

Hence, the Proposer shall furnish the following minimum fuel related data to
ascertain the uninterrupted fuel supply for Power Station.
a. Fuel utilization plans.

b. Fuel storage, filtering and treatment plans.

c. Fuel supply and transportation contracts to be entered into.

d. Quality of fuel after filtration / treatment, quantities, duration, interruptibility

and annual operating limitations, if any, caused by fuel supply plans.


The PRCO shall enter into a separate Fuel Supply Agreement for obtaining its
requirements of the fuels from fuel supplier. The PRCO will not be permitted to
purchase kerosene, as a fuel to the Power Station.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 19
4 ENVIRONMENTAL CONSIDERATIONS

4.1 Environmental Requirements

Within the scope of the project, the Proposer is required to assess environmental
impacts of the proposed Facility. Depending on the capacity of the proposed plant
and its location the Environmental Impact Assessment (EIA) or Initial Environmental
Examination (IEE) shall be done in terms of the National Environmental Act No. 47
of 1980 and any amendments thereto and such other relevant acts and Provincial
Statues. During the evaluation process, the Proposers, whose Proposals were
evaluated to be responsive will be required to furnish a duly completed preliminary
environmental information questionnaire in respect of the proposed project.

However, irrespective of the capacity of the plant, an Environmental Protection


Licence shall be secured for the project from the Central Environmental Authority of
Sri Lanka.

The PRCO is required to comply with National Environment Act No. 47 of 1980,
National Environment (Protection & Quality) Regulations, No 1 of 1990, and to any
amendments thereto, and also to any other applicable regulation or law. The PRCO
shall comply with all Environmental Laws applicable to the Facility during the Term.

National Environment Act No. 47 of 1980 (Order under Section 23Z) has identified 20
institutions in Sri Lanka as Project Approving Agencies (PAA).

4.2 Disposal of solid & liquid effluents

Proposer shall provide all information related to quantities, types, methods of


neutralising of all liquid & solid effluents including sewerage. Method of disposal of
all liquid & solid wastes from the Power Station including any fuel sludge/wastes to
be very clearly indicated in the proposal. Any discharges into natural waterways
shall conform to the relevant environmental standards.

4.3 Control of Emissions


Quantities and rates of emissions of pollutants, including the types of pollutants,
methods of pollution control and type of pollution control equipment & other
mitigatory measures proposed shall be indicated in the proposal. The guaranteed
emission rates are also to be indicated.

4.4 Archaeological Requirements

In addition to the above requirements, the successful Proposers are required to


comply with the requirements of the Antiquities Ordinance, as amended by Act No.
24, 1998 and regulations there under.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 20
5 EXPERIENCE OF THE PROPOSER
5.1 Qualifications of the Proposer

Proposers who wish to submit a Proposal may do so either as an individual, a single


corporation, a prospective PRCO, an incorporated joint venture company, an un-
incorporated joint venture or any other form of partnership.

Where Proposers submit a Proposals a prospective PRCO or an incorporated joint


venture company then the shareholders in that company shall be treated as
Proposers for the purposes of this ITP. Where Proposers submit a Proposals an un-
incorporated joint venture or any other form of partnership, then the participants in
such a Proposal identified as intending to take equity in the project shall be treated as
Proposers for the purposes of this ITP. However it should be noted:

a. shareholders of a prospective PRCO or an incorporated joint venture, or who


are participants in an un-incorporated joint venture or other form of
partnership (intending to subscribe equity to the project), in any one Proposal
may not appear in another Proposal in any such role;
b. nevertheless, any such shareholder or participant or an affiliate of any such
shareholder or participant may appear in another Proposal on the basis it
would be a contractor to the PRCO taking no equity in the project; and
c. shareholders in a prospective PRCO or incorporated joint venture or
participants in an un-incorporated joint venture or other form of partnership
(intending to subscribe equity to the project), in a successful Proposal and
who are party to the Letter of Intent may not dispose of their interest or
withdraw in relation to the Proposal prior to execution of the Project
Agreements.

In the case of a Proposal by a proposed PRCO or an incorporated joint venture


company, then the company shall provide its memorandum and articles of
association and details of shareholdings and the role of each shareholder in relation
to the project. In the case of an un-incorporated joint venture or other partnership
arrangement, the participants shall provide in the Proposal details of role of each
member in relation to the project, their intended equity commitment and the
organization of the venture and a memorandum amongst the members
demonstrating their commitment to the project and the equity contributions that may
be required of them. If an un-incorporated joint venture or other form of partnership
agreement is adopted, one of the members shall be nominated as the Lead Member
(who, it is intended, shall have a substantial, if not majority equity shareholding in
the prospective PRCO) as evidenced by the written authority of the other
participants. The Lead Member will be responsible for all communications with and
for the Proposer.

The Proposal shall state the proposed arrangements for the financing, design,
procurement, construction, commissioning, operation and maintenance in respect of
the project. Further, in the Proposal the Proposer or each Proposer making such
proposal must show that it has the technical capability, experience and expertise

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 21
(either directly, in combination or through proposed contractors) to finance, design,
procure, construct, commission, operate and maintain the Facility.

Proposers shall also to meet the following criteria:

a. No Proposer or its parent/affiliate companies shall have been suspended or


black listed by CEB, CPC the GOSL or by any other Government Agency in
Sri Lanka, whether as an individual contractor or corporation or as a member
of a joint venture.

b. No Proposer or its parent/affiliate companies shall have a poor record of


unsatisfactory past performance, particularly non-compliance with contract
terms, plans and specifications; nor any record of defective workmanship and
materials supplied, abandonment of work or similar deficiencies.

c. No legal firm shall advice more than one Proposer

d. No Proposer or its parent/affiliate companies shall have overdue debts


toward the Insurance, Revenue or Customs authorities of Sri Lanka or their
country of incorporation.

e. No Proposer or its parent/affiliate companies shall have a record of criminal


or civil cases in court pending or finally decided against them involving non-
payment of tax, duty or other undertaking with GOSL or any of its sub-
divisions, or instrumentalities including government-owned or controlled
corporations, both local and foreign.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 22
6 EVALUATION AND AWARD

6.1 Outline of Evaluation Procedure


The evaluation process is a staged process. In the first stage, the compliance of the
Proposals with the procedures laid out in this RFP is reviewed. The second stage of
the evaluation process concentrates on the technical aspects of the Proposal, to verify
whether the Proposal is technically capable of delivering the requirements of the PPA
and on the capabilities of the project participants to actually finance and manage the
implementation of the project. Proposals that are deemed to be so compliant and
capable will go through to the third stage. In this stage, the proposed tariff is the
most important factor. The selection of a successful Proposer/swill be governed by
the objective of obtaining Power as set out in clause 1.2 of this document, at the
optimum tariff at the earliest possible time. The Proposer/s compliant with this
objective will be invited to sign the Letter of Intent, which will give this Proposer/s
an exclusive period to develop the project to execution of the Project Agreements.

6.2 Right to Reject Proposals

GOSL/CEB reserves the right to reject the Proposal of any Proposer who has
qualified on the basis of fraudulent, suppressed or incomplete information.
Proposers who submit proposals do so without recourse against GOSL (Government
Of Sri Lanka), or CEB or their representative for either rejection by GOSL or failure to
execute a PPA or Fuel Supply Agreement for any reason whatsoever.

6.3 Evaluation: Responsiveness

At the first stage of evaluation of the Proposals, the TEC (Technical Evaluation
Committee) will determine the substantial responsiveness of each proposal to the
RFP. TEC will examine the Proposals to determine whether they are complete,
whether the required Proposal Security has been furnished, whether the documents
have been properly signed, whether all annexes as required in the RFP are furnished
and whether the Proposals are generally in order. A Proposal may be disqualified
and excluded from further consideration for any valid reason including but not
limited to, the reasons listed below:

a. Failure to submit under the required package or envelope as described in


clause 2.7 above.

b. Receipt by CEB of a Proposal after the Closing Time.

c. Failure to submit supporting documentation or any other clarification or any


documents requested by TEC/SCAPC within the required time frame.

d. Failure to provide the Proposal Security.

e. Failure to complete any of the Proposal Forms.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 23
f. Willful misrepresentations in the Proposal.

g. Illegal conduct or attempts to influence the GOSL, SCAPC, CEB or TEC in


evaluation of a Proposal outside the solicitation process.

h. Determination by SCAPC that the Proposer is likely to be unable to fulfill the


terms or conditions of the Proposals.

i. Failure to submit any item of information required in this ITP.

j. Failure to submit duly completed PCA 3 form of the Public Contract Act No 3
of 1987.

The second stage evaluation will then be conducted on the basis of satisfactory
responses to the information requirements set out in the ITP and the proposal forms.
The evaluation will be based on the technical and other information provided in the
Proposal. The Proposals will be judged on the following criteria:

1. Experience of the Proposer

Proposed arrangements for the financing, design, procurement,


construction, commissioning, operation and maintenance in respect of the
project
Successful completion of at least one project of similar nature and capacity
not less than 30 MW during last five (5) years.

2. Technical Information

Compliance with the Minimum Technical Information as per Clause 3.2

3. Equipment Reliability
Capability of the plant and other auxiliaries for supplying electricity
during the term of the agreement

4. Timely Completion

Undertaking by the Proposer that the plant will be commissioned by the


Scheduled Final Completion Date mentioned in clause 1.6 of this
document.

Non-compliance with any one of the above criteria will disqualify the Proposer from
the next stages of evaluation.

All Proposals, which have passed the first two stages of the evaluation process, will
proceed to the third stage.

The Proposers would thereafter be ranked in the order of the lowest Total Aggregate

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 24
Tariff for each facility at GSS in clause 1.2.

The CEB would then call upon such parties to provide any clarifications that the CEB
may deem necessary in respect to their Proposals.

The Proposers are required to state the following under row 2of item 3: Tariff
(FORM-G) of Volume II -Technical, Commercial and Financial Proposal Letters /
Forms.

• Capacity Charge per kWh (CC)

This shall be computed by using the following formula:

CC = FCR USD/kWh
1000 x 24

Where, FCR is the Fixed Charge Rate proposed by the Proposer in row 1 of the item 3
of same FORM-G.

• Energy Charge per kWh (ECFR)

Fuel Prices

The Proposer shall take the applicable Fuel Price (FP) from the following list for the
purpose of calculation of the Energy Charge.

Diesel =95.00 LKR/liter


Heavy Fuel Oil (cSt180) =80.00 LKR/liter

ECFR= FUCR xFP(Rs/kWh)

Where, FUCR is the Fuel Consumption Rate proposed by the Proposer in row 3 of
item 3 of the FORM-G.

• Total Aggregate Tariff for the ranking of Proposers.

Total Aggregate Tariff = CC+ECOMD + ECOMR+ECFR, expressed in Rs / kWh

Please take 1 USD = LKR 152.00as the Conversion Rate for the above calculation of
Total Aggregate Tariff.

Please note that the above computation of Total Aggregate Tariff is for the purpose of
evaluation only. The rates FCR, FUCR, ECOMD and ECOMR proposed by the
Proposer under rows 1,3, 6 and 7 of the Form-G of the volume II of RFP referred to
above, shall be used for the purposes of Section 12 of the Power Purchase
Agreement.

The selected Proposer/s will be chosen on the basis of the lowest Total Evaluated
Cost of Energy with the objective of obtaining the optimum economic advantage to
the CEB.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 25
LOI will be issued to the selected Proposer/s who will be required to execute the
PPA within one week having achieved the milestones set out in the LOI.

The CEB reserves the right not to issue LOI. The selection of a successful
Proposer/swill be governed by the objective of obtaining specified capacities of
power at the five locations as per clause 1.2.

6.4 Letter of Intent

The Proposer who is issued with Letter of Intent (LOI) will be required to execute the
PPA within the time frame indicated in the LOI. There shall be no negotiations with
the Proposer on the PPA after the issue of the LOI. On signature of the PPA, the
Proposal Securities of the other Proposers will be returned, and such Proposers will
be informed of the identity of the successful Proposer, the Tariff offered by that
Proposer and their position in the rank order of Tariff. Should the successful
Proposer fail to submit the Performance Security or execute the PPA, within the
timeframe specified in the LOI, the CEB in their discretion may issue LOI to the next
ranked Proposer.

6.5 Cost and Risk in Finalising Project Agreements

The successful Proposer shall bear all costs incurred by it in relation to any
negotiation and finalization of the PPA, including but not limited to those of
professional advisers. CEB or any representative of CEB shall not have any liability
whatsoever to the Proposer for any decision taken by the Proposer in relation to
decisions taken by it in finalising and entering into the PPA, whether or not in
reliance on any matter supplied or represented by CEB or its representatives.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 26
Annex-A1: Form of Proposal Security

PROPOSAL SECURITY

WHEREAS ____________________________ of ___________________________


(hereinafter called and referred to as the “Proposer”) wishes to submit Proposal to
build-own-operate an aggregate of ……….MW power plants
at...................................................................................

AND WHEREAS in terms of the Instructions to Proposers document the Proposer is


bound and obliged to furnish a Proposal Security along with its Proposal to ensure
the due performance of the Proposer in terms of the Instructions to Proposers
document.

AND WHEREAS at the request of the Proposer, we _______________ of


_________________ a commercial bank having its registered office at
_________________________ are agreeable to and desirous of giving such a proposal
security.

WE HEREBY irrevocably undertake and are bound and obliged to pay to the Ceylon
Electricity Board unconditionally and without demur any sum of money not
exceeding a sum of Rs ………………. on their first demand.

Every demand hereunder shall be in writing and signed by the General Manager,
Ceylon Electricity Board and shall be accompanied by a statement to the effect that
the Proposer has failed and/or neglected to perform its obligations or abide by the
terms of the Instructions to Proposers document. For all purposes connected with
and relating to this Proposal Security, every such demand shall be conclusive proof
that the amount so demanded is lawfully due under this Proposal Security.

All payments hereunder shall be made in Sri Lanka by cheque or bank draft drawn
in favour of the Ceylon Electricity Board.

This Proposal Security shall be valid and binding and shall remain in full force and
effect up to and including the ____________ (should be a date, 60 days from the closing
date for submitting Proposals) and thereafter shall be null and void and of no force or
effect (whether the original hereof is returned or not) except in respect of any
demand made on or before the aforesaid _______________.

IN WITNESS whereof this Proposal Security has been signed by the Authorised
Signatories of the aforesaid ____________________ on this _______________ day of
_________________ 2017.

------------------------------------- -------------------------------------
Authorised Signatory Authorised Signatory

Name: Name:
Designation: Designation:

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 27
Annex-A2: Letter of Intent

LETTER OF INTENT

1. This Letter is issued by

Ceylon Electricity Board (CEB)

2. This letter,

2.1 constitutes a statement of intention only; and

2.2 does not (nor is it intended to), in any way create any
enforceable rights or obligations whatsoever against MOP&RE,
CEB or any of its agencies or instrumentalities.

3. Further to the Request for Proposals dated ………………… for the design,
supply delivery, erection, testing, commissioning, operation and
maintenance of Thermal Power Plants in ……………………..up to a total
capacity of ………..MW, and the Project Proposal dated ……………….
submitted by (the Proposer), the CEB, intend to enter into a Power
Purchase Agreement with (the Company) subject to the Company
satisfying the conditions set out in section 4 below ;

4.
4.1 The Company shall furnish within 5 working days of this Letter of
Intent a Performance Security to the value of Rs. ………… in the
form set out in the Guideline to Proposers. The Performance
Security shall be valid until 30 days after the End Date as defined in
the draft Power Purchase Agreement.

4.2 The Company shall enter into the Power Purchase Agreement on or
before …….. 2018.

4.3 The Company shall comply with the provisions of the Guideline to
Proposers.

5. In the event the Performance Security is not furnished by the Company


within 5 working days of this Letter of Intent, this letter of intent will
automatically lapse, the Proposal Security shall be forfeited and the
Company shall not have any claims in respect of compensation, damages
or any other loss whatsoever against the CEB.

6. The Proposal Security shall be released upon the submission of the


Performance Security.

7. The Proposal Security shall be forfeited in the event of the Company


failing to comply with paragraphs 4.2 and 4.3 of this letter.

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 28
8. CEB shall not incur any liability whatsoever, in fulfilment or non-
fulfilment of any one or more of the provisions contained in this letter or
in the event of the failure of the project.

9. The Company shall not engage in any illegal conduct or other activity
which influences or tends to influence MOP&RE, CEB or its other
agencies, personnel, or representatives in the finalisation of the Power
Purchase Agreement.

10. All notices and other communications required hereunder shall be in


writing (and shall be deemed given upon receipt) and sent by registered
post mail to the following addresses.

If to CEB
Deputy General Manager (Energy Purchase-Transmission)
Ceylon Electricity Board
6th Floor,
50, Sir Chittampalam A. Gardiner Mawatha
Colombo 00200 SRI LANKA
FAX:+94-11-2344774
E mail: dgmept@ceb.lk

If to the Company

………

11. This letter of intent shall remain valid for a period of ……. days.

……………………….. …………………………….
Ceylon Electricity Board

We hereby agree to abide by the conditions of this letter.

……………………… ………………………..
Director Director
(Company) (Company)

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 29
Annex A3 Form of Performance Security

PERFORMANCE SECURITY

WHEREAS ______________________________ of _________________________ a


Company incorporated in Sri Lanka (hereinafter called and referred to as the
“Company”) has submitted a proposal to build-own-operate ofan aggregate of
……MW power plants at.............................................................

AND WHEREAS the proposal submitted by the Company has been successful.

AND WHEREAS in terms of the Instructions to Proposers document the Company is


bound and obliged to furnish a Performance Security to secure the due performance
of the Company in terms of the document.

AND WHEREAS at the request of the Company, we ____________________ of


_______________ a commercial bank having its registered office at
_________________________ are agreeable to and desirous of giving such a
Performance Security;

WE HEREBY irrevocably undertake and are bound and obliged to pay to the Ceylon
Electricity Board unconditionally and without demur any sum of money not
exceeding a sum of Rs. ………………on their first demand.

Every demand hereunder shall be in writing and signed by the General Manager,
Ceylon Electricity Board and shall be accompanied by a statement to the effect that
the Company has failed and/or neglected to perform its obligations or abide by the
terms of the proposal. For all purposes connected with and relating to this
Performance Security, every such demand shall be conclusive proof that the amount
so demanded is lawfully due under this Performance Security.

All payments hereunder shall be made in Sri Lankan Rupees by cheque or bank draft
drawn in favour of the Ceylon Electricity Board.

This Performance Security shall be valid and binding and shall remain in full force
and effect up to and including the ………………….2017 and thereafter shall be null
and void and of no force or effect (whether the original hereof is returned or not)
except in respect of any demand made on or before the aforesaid _______________.

IN WITNESS whereof this Performance Security has been signed by the Authorised
Signatories of the aforesaid ____________________ on this _______________ day of
_______________ 2017.

Authorised Signatory Authorised Signatory

Name: Name:
Designation: Designation:

Ceylon Electricity Board: Request for Proposals for Supply of Supplementary Electrical Power (Total of 100 MW) on Short Term Basis 30

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