Common Findings and Recommendations of The Judge

Common Findings and Recommendations of the Judge, Judicial Preview, Guntur, Dated:
01-12-2022.
In case of “1.Appointment of Advanced Metering Infrastructure (AMI) Service Provider

(AMISP) for Smart Prepaid Metering and system metering by replacing the
existing meters to all Government, Domestic-(confining to AMRUT Cities),
Commercial & Industrial Consumers, (excluding Agriculture) and to all the
33 & 11 KV Feeders & Distribution transformers with 25 KVA and above
rating, in the Erstwhile Revenue Districts of Krishna, Guntur & Prakasam
within the Jurisdiction of the APCPDCL in TOTEX mode on DBFOOT
basis”
“2.Appointment of Advanced Metering Infrastructure (AMI) Service Provider

existing meters to all Government, Commercial & Industrial Consumers,
(excluding Agriculture) and to all the 11 KV Feeders & Distribution
transformers with 25 KVA and above rating, in the Erstwhile Revenue
Districts of Srikakulam, Vizianagaram, Visakhapatnam,
Rajamahendravaram and Eluru within the Jurisdiction of the APEPDCL in
TOTEX mode on DBFOOT basis”
&
“3.Appointment of Advanced Metering Infrastructure (AMI) Service Provider

existing meters to all Government, Commercial, Industrial & Domestic-(>200
U) Consumers, (excluding Agriculture) and to all the 33 & 11 KV Feeders &
Distribution transformers with 25 KVA and above rating,, in the Erstwhile
Revenue Districts of Nellore, Chittoor, Kadapa, Anantapuram & Kurnool
within the Jurisdiction of the APSPDCL in TOTEX mode on DBFOOT basis
R&B Guest House, Collector’s Bungalow Road, Nagarampalem, Guntur -522004.

https://judicialpreview.ap.gov.in
Page 1 of 42
COMMON FINDINGS AND RECOMMENDATIONS OF THE JUDGE, JUDICIAL PREVIEW,
A.P.,DT.01-12-2022 – ON THE THREE REQUESTS FOR PROPOSALS (RFPs) KEPT FOR
PUBLIC VIEW TO SUBMIT ANY QUERIES, OBJECTIONS/ SUGGESTIONS AS PART OF THE
JUDICIAL PREVIEW PROCESS BEFORE ITS FINALISATON TO ISSUE TENDER NOTICE/S
FROM THE TENDER DOCUMENTS INVITING ELIGIBLE BIDDERS TO SUBMIT BIDS
ONLINE THROUGH THE GO AP’s ONLINE PROCUREMENT PORTAL
(HTTPS://TENDER.APe-PROCUREMENT.GOV.IN) BY REVERSE AUCTION PROCESS IN
COMPLIANCE WITH THE E-PROCUREMENT NOTICES INVITING TENDER
“1.Appointment of Advanced Metering Infrastructure (AMI) Service Provider (AMISP) for Smart
Prepaid Metering by replacing the existing meters to all Government, Domestic, Commercial &
Industrial Consumers, DT & Feeder Metering(excluding Agriculture)in Krishna, Guntur &
Prakasam Districts in the Jurisdiction of APCPDCL in TOTEX mode on DBFOOT basis”
“2.Appointment of Advanced Metering Infrastructure (AMI) Service Provider for Smart Prepaid
Metering by replacing the existing meters to all Industrial, Commercial, Government services and
System Metering by replacing the existing meters to all 11 KV Feeders & Distribution transformers
with 25 KVA and above rating in Srikakulam, Vizianagaram, Visakhapatnam, Rajamahendravaram
and Eluru operation circles of APEPDCL in Andhra Pradesh State in TOTEX mode on DBFOOT
basis” &
“3.Appointment of Advanced Metering Infrastructure(AMI) Service Provider (AMISP) for Smart
Prepaid Meters by replacing the existing meters to all Govt. Services, Commercial, Industrial,
Domestic (>200 U) Consumers in Phase-Iand providing smart meters to DTRs and 33KV & 11KV
Feeders in Nellore, Chittoor, Kadapa, Anantapuram & Kurnool Districts(Old) in the Jurisdiction of
APSPDCL in TOTEX mode on DB FOOT basis” under LS Contract System are the following with
Justification for the works and other factual background in nutshell:
I. JUSTIFICATION FOR THE THREE RFPs RESECTIVELY:
In order to strengthen the electrical power supply infrastructure in the entire country by improving the
operational efficiencies and financial sustainability, the Government of India has introduced the “Reform
based and Results linked, Revamped Distribution Sector Scheme (RDSS)”. It is based on meeting pre-
qualifying criteria and achieving of the basic minimum benchmarks p r e s c r i b ed b y the Government of
India, the GOI provides financial assistance to the DISCOMs as part of the reforms.
1. APCPDCL: As per the guidelines issued by the MoP, Govt. of India, the APCPDCL has prepared Action
Plan and DPR for both Smart Metering Works and Distribution Infrastructure Works. M/s PFC has sanctioned
said works under Phase-I which was approved during the 5th Monitoring Committee meeting held on
10.02.2022.
The Works Under RDSS approved by the Monitoring Committee, Ministry of Power, Government of
India, are as follows.
Additional
Approved GOI Grant
Sl.No Grant No Name of the Project Incentive (GOI
Project Cost Sanctioned
Grant)
RDS Metering
1 31D81001 1,507.62 226.14 58.66
Works
RDSS PMA Grant
2 31D84S01 5.65 3.39 NA
for Metering Works
Total 1,513.27 229.53 58.66
RDSS Loss
1 31D82001 1,476.35 885.81 NA
Reduction Works
RDSS PMA Grant
2 31D84L01 22.15 13.29 NA
for Loss Reduction
Total 1,498.5 899.1 NA
Grand Total 3,011.77 1,128.63 58.66
Page 2 of 42
The power finance corporation (PFC) which is the Nodal Agency of GoI has communicated a letter,
advising to publish AMISP Tenders with immediate effect and also instructed the DISCOM/s to publish the
AMISP Tenders as promised during the RPM Meeting held on 05.08.2022.
The details of the Smart Metering works sanctioned under this scheme of APCPDCL are given below:
Sl No. Major Item Particulars Expected Quantity Quantity Total Estimated cost in
Component Life cycle (Phase I) (Phase II) Quantity Rs. Crores
unit cost Rs.
per meter)
No. No Nos.
(1) (2) (3) (4) (5) (6) (7)=(5)+(6) (8) = (4)x(7)
1 Consumer
Metering
1.1 1 Phase Whole 6,000 8,01,554 598851 14,00,405 840.24
Current Smart
Consumer Meter
1.2 3 Phase Whole 6,000 4,62,815 146823 6,09,638 365.78
Current Smart
Consumer Meter
1.3 3 Phase LT-CT 6,000 34,458 1805 36,263 21.76
Operated Smart
Consumer Meter
1.4 3 Phase HT-CT 6,000 4,656 0 4,656 2.79
Operated Smart
Consumer Meter
Sub-Total 13,03,483 7,47,479 20,50,962 1,230.58
2 DT Metering 3 Ph LT-CT 23,000 113650 0 1,13,650 261.40

Operated DT
Meter
3 Feeder 3 Ph CT/PT 42,000 3726 0 3,726 15.65
Metering Operated Feeder
Meter
4 Boundary 3- phase CT/PT 42,000 0 0.00
Metering operated
Boundary meter
Total 14,20,859 7,47,479 21,68,338 1,507.62
The Smart Metering Sanctioned Work (which includes Agriculture services of 5 Lakhs) for Rs. 1507.62
Crores is based on the Life Cycle Cost as intimated by the Ministry of Power in the Guidance Note of
Standard Bid Document(SBD) which is indicative price of Rs. 6,000/- for each Consumer Metering. The
Guidance note further states that, for calculation of GBS release under the scheme, the actual quotes received
as per the AMISP SBD shall be the basis. Hence the quoted price may not be in proportion to the sanction
estimate which was indicative as this is a relatively new project. The tenders for Smart meters to the
Agriculture Services are already floated under the YSR Uchita Vyavasaaya Vidyut Pathakam (DBT Scheme).
It is proposed to implement the AMISP Package for all the Domestic-(confining to AMRUT Cities),
Commercial, Industrial, DT & Feeder metering (excluding Agriculture) in Phase-I & Phase-II with a
sanctioned cost of Rs. 1241.6 Crores (Indicative) - which is out of the administrative sanction of Rs.1507.62
Page 3 of 42
Crores, inclusive of Agricultural metering-for which Preview process already completed as referred supra.
The draft tender for judicial process is prepared for 9.77 Lakh Smart Meters under the phase-I for Rs. 793
Crores. After the judicial preview process, the tender will be floated for the Phase-I quantities and based on
performance, will be extended for Phase-II quantities at the (APCPDCL) DISCOM’s discretion.
The above package qualifies the investment criteria of Rs. 100.00 Crores and above as per the Act
No.34/2019 (Transparency through Judicial Preview) and necessitates Judicial preview process. The tender
related documents (Request for Proposal (RFP) which are prepared as per the SBD Version 4 supplied by the
Mop, Government of India, dated 20.08.2022 are submitted with tender specification, Quantum of works and
mode of tender.
2. APSPDCL: As per the guidelines issued by the MoP, Govt. of India, the APSPDCL has prepared Action
10.02.2022. The Works Under RDSS approved by the Monitoring Committee, Ministry of Power,
Government of India, are as follows.
Sl.No Grant No Name of the Project Approved GoI grant Additional
Project Cost Sanctioned Incentive
(GoI Grant)
1 31881001 RDSS Metering Works 1657.66 248.65 88.70
2 31884S01 RDSS PMA Grant for Metering Works 6.22 3.73 NA
Total 1663.88 252.38 88.70
1 31882001 RDSS Loss Reduction Works 5084.37 3050.62 NA
2 31884L01 RDSS PMA Grant for Loss Reduction 76.27 45.76 NA
Works
Total 5160.64 3096.38 NA
Grand Total 6824.52 3348.76 88.70
The details of the Smart Metering works sanctioned under this scheme of APSPDCL are given below:
Sl No. Major Item Particulars Expected Quantity Quantity Total Estimated
Component Life cycle (Phase I) (Phase II) Quantity cost in Rs.
unit cost (Rs. Crores
No. No Nos.
per meter)
(1) (2) (3) (4) (5) (6) (7) =(5)+(6) (8)= (4)x(7)
1 Consumer
Metering
1.1 1 Phase Whole Current 6,000 6,19,657 2,17,316 8,36,973 502.18
Smart Consumer Meter
1.3 3 Phase LT-CT 6,000 22,026 1,429 23,455 14.07
Operated Smart
Consumer Meter
1.4 3 Phase HT-CT 6,000 3,530 79 3,609 2.17
Operated Smart
Consumer Meter
Sub-Total 19,71,134 3,31,510 23,02,644 1,381.59
2 DT 3 Ph LT-CT Operated 23,000 1,02,246 1,02,246 235.17
Metering DT Meter
3 Feeder 3 Ph CT/PT Operated 42,000 5,959 3,015 8,974 37.69
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Metering Feeder Meter
4 Boundary 3- phase CT/PT operated42,000 767 767 3.22
Metering Boundary meter
Total 20,80,106 3,34,525 24,14,631 1,657.66
Total GBS excluding incentive for 248.65
Phase – I
The Smart Metering Sanctioned Work (which includes Agriculture services of 11 Lakhs) for Rs.
1657.66 Crores is based on the Life Cycle Cost as intimated by the Ministry of Power in the Guidance Note of
SBD which is Indicative price of Rs. 6,000/- for consumer Metering. The Guidance note further stated that,
for calculation of GBS release under the scheme, the actual quotes received as per the AMISP SBD shall be
the basis. Hence the quoted price may not be in proportion to the sanction estimate which was indicative as
this is a relatively new project. The tenders for the Smart meters to the Agriculture Services are already
floated under the YSR Uchita Vyavasaaya Vidyut Pathakam (DBT Scheme).
It is proposed to implement AMISP Package for all Govt. Services, Commercial, Industrial, Domestic
(>200 U) Consumers and providing smart meters to DTRs and 33KV & 11KV Feeders metering excluding
Agriculture with a sanctioned cost of Rs. 1001.14 Crores (Indicative) in Phase-I & II. The draft tender for
judicial process is prepared for total quantity of 9.85 lakhs Smart meters with a sanctioned cost of Rs.789.57
Crores (in Phase-I).
After the judicial preview process, the tender will be floated for the Phase-I quantities and based on
performance, will be extended for Phase-II quantities at the (APSPDCL) DISCOM’s discretion.
mode of tender. &
3.APEPDCL: As per the guidelines issued by the MoP, Govt. of India, the APEPDCL has prepared Action
10.02.2022. The Works Under RDSS approved by the Monitoring Committee, Ministry of Power,
Government of India, are as follows.
Sl. No Grant No Name of the Project Approved GOI grant Additional
Project cost sanctioned Incentive in Cr.
in Cr. in Cr. (GOI Grant)
1 31681001 RDSS - Metering works 947.15 142.07 41.92
2 31684S01 RDSS - PMA for metering works 3.55 2.13 NA
Total 950.70 144.2 41.92
1 31682001 RDSS - Loss Reduction Works 2578.86 1547.31 NA
2 31684L01 RDSS - PMA for Loss Reduction 38.68 23.21 NA
Works
Total 2617.54 1570.52 NA
Grand Total 3568.24 1714.72 41.92
The details of the Smart Metering works sanctioned under this scheme of APEPDCL are given below:
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Sl No. Major Component Item Particulars Expected Life Quantity Quantity Total Estimated
cycle unit cost (Phase I) (Phase II) Quantity cost in Cr
(Rs. Per meter) No. No Nos.
(1) (2) (3) (4) (5) (6) (7) = (5)+(6) (8) = (4)x(7)
1 Consumer Metering
1.2 3 Phase Whole Current 6,000 2,73,551 2,73,551 164.13
1.3 3 Phase LT-CT Operated 6,000 48,945 48,945 29.37
1.4 3 Phase HT-CT Operated 6,000 0 0.00
Sub-Total 9,31,649 3,23,591 12,55,240 753.14
2 DT Metering 3 Ph LT-CT Operated DT 23,000 77244 77,244 177.66
Meter
3 Feeder Metering 3 Ph CT/PT Operated 42,000 3891 3,891 16.34
Feeder Meter
4 Boundary Metering 3- phase CT/PT operated 42,000 0 0.00
Boundary meter
Total 10,12,784 3,23,591 13,36,375 947.15
Total GBS excluding incentive for Phase – I 142.07
The Smart Metering Sanctioned Works (which include the Agriculture services of 2,07,920Nos) for
Rs. 947.15 Crores is based on the Life Cycle Cost as intimated by Ministry of Power in the Guidance Note of
SBD which is Indicative price of Rs. 6.000/- for consumer Metering. The Guidance note further stated that,
for calculation of GBS release under the scheme, the actual quotes received as per the AMISP SBD shall be
the basis. Hence the quoted price may not be in proportion to the sanction estimate which was indicative as
this is a relatively new project. The tenders for the Smart meters to the Agriculture Services are already
floated under the YSR Uchita Vyavasaaya Vidyut Pathakam (DBT Scheme).
It is proposed to implement AMISP Package for all Domestic, Commercial, Industrial, DT & Feeder
metering excluding Agriculture (Rs.124.76Cr) with a sanctioned cost of Rs. 822.39 Crore (Indicative Price) in
Phase-I & II. The draft tender for judicial process is prepared for total quantity of very near to 8.05 lakhs
Smart meters with a sanctioned cost of Rs.628.24 Crores (in Phase-I).
After the judicial preview process, the tender will be floated for the Phase-I quantities and based on
performance, will be extended for Phase-II quantities at the (APEPDCL) DISCOM’s discretion.
mode of tender.
II. As the cost of the three proposed Projects of each is more than Rs.100 crores and requires Judicial
Preview Process as per the provisions of the AP Infrastructure (Transparency through Judicial Preview) Act,
2019 (Act, 34 of 2019) and the Rules there under, the three Tender Documents submitted in Form-I, with bid
documents, have to be taken up for the Judicial Preview Process.
III. Keeping in view the above background and justification report supra for the Tender mooted
under the LS contract system with the intention to seek Judicial Preview before the Hon’ble Judge, by the
Chief General Managers of three DISCOMs, from submission in Form-I, the three respective bid documents
(RFPs/NITs), which are the Request for Proposals (RFPs) for the Tender herein, as per the provisions of the
AP Infrastructure (Transparency through Judicial Preview) Act, 2019 (Act, 34 of 2019) and the Rules there
under, cause uploaded (Notified) on dt.21-10-2022 in the public domain of (JJP) i.e.
www.judicialpreview.ap.gov.in & also directed the Tender Inviting Authorities to place (notify) in their
official website and also cause publish news item in print media for information there from to the public and
to those intending bidders-because of no pre-bid negotiations are contemplated, but for to submit by way of
any objections/ suggestions/ queries within the seven working days ending by dt.01-11-2022 by 5 PM, as
part of the preview process.
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IV. From the above, objections/ suggestions/ queries are received by soft response/s uploading to the official
website of JJP or by post/ courier or personal representation from the public/ prospective bidders regarding
part of the proposed tender conditions. The Tender Initiating Authorities supra have submitted their detailed
response/s in answer to the respective objections/ suggestions/ queries raised by the prospective bidders/
public. As the objections are mostly from the intending bidders, besides few from other among the public, it
requires to take up first before undertaking further preview process for the findings and recommendations,
hence same is taken up accordingly by mention of gist of objection, response of the TIA and finding of the
Judge in the below Tabular form- DISCOM wise for more clarity and for easy understanding of any among
the public on peeping through the same:
1.APCPDCL :
Sl. Name of the Objector; Response of the TIA Findings of the Judge
No Date & Gist of Objection
1 A.Subba Rao, Viswanadha a)The Smart Prepaid meters are Perused the query and the
Sharma & Srinivas etc., Dt. proposed as part of Revamped response. There is nothing even
22.10.2022 Distribution Sector Scheme (RDSS) from the query as to same is
a) In the past 75 Years no earlier introduced by the Ministry of unworthy to introduce as part of
government has imposed such Power, Government of India, which reform uniformly for the nation-
scheme. mandates “installing of the prepaid wide. The query of no such
smart meters to all the Commercial, process for the past 75 years
Industrial, Govt services and all cannot be a ground to oppose
Domestic services in Amrut Cities and the reformation. Hence the
where AT & C losses exceeds 15%. query is rejected.
b) Poor people and below poverty b)Smart Meter or any other meter are Perused the query and the
line cannot consume electricity meant to measures uniformly response. While reiterating the
through Smart Meters. respective electricity consumption response supra, there is no
irrespective of the socio-economic meaning in the query for the
status of consumer/s. consumer is not burden for the
In the country most of the people are installation of the smart meter
using mobile phones in prepayment device. Hence the query is
mode. The electricity bill payment is rejected.
also similar in manner and easy apps
are also available.
c) Smart metering is not viable in c)In the country most of the people are Perused the query and the
India. using mobile phones in prepayment response. While reiterating the
Major chunk of people are illiterate mode and this is similar in manner and
response supra, the query is
and not in a position to recharge nothing to oppose. rejected for the reason the
the amount. electricity bill payment with
prepaid mode is with reference
to their average consumption as
a basis and for whatever the
amount prepaid, till last pie and
irrespective of period of
consumption they can consume.
d)Is there any guarantee that d) As per CEA Regulations and Having considered the query
DISCOM would supply electricity according to the Standards of and the response the query is
with the standard parameters Performance (SOP) of APERC, rejected
without any interruptions electricity is being supplied with
priorities therefrom depending upon the
larger public interest to prefer domestic
over industrial in general and the like.
e)Any lapses on part of e)As per CEA Regulations and -do-
Distribution Companies there Standards of Performance (SOP) of
should be compensation clauses. APERC supply is being made. APERC
imposes penalty to DISCOM to be
compensated to affected consumers for
service lapses of DISCOM.
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2. M/s DSR Constructions, a)As per the directions of the Power Having considered the two
Hyderabad, Dt. 01.11.2022. Finance Corporation(PFC), which is queries and the response, the
a) Section-2(Eligibility and the nodal agency, it is prescribed that- queries with request for deletion
qualification requirements), Empanelment to Rural Electrification of the eligibility criteria fixed
Clause-8.1(Technical Corporation(REC) by successful are rejected for the following
Requirement) demonstration is mandatory for reasons:
Item No.3 Empanelment certificate participation in tenders. National Open Competitive
from REC/ Committee.(Pg. No.19) Empanelment is open to every bidder bidding doesn’t mean
This clause totally deviates the if they approach M/s REC, New Delhi permitting everybody without
spirit of National Open for empanelment and after which they basic qualification which is a pre
Competitive bidding as stated in can participate in the bidding process. requisite to the bidder to get
Section-1 (Request for Proposal Request For Empanelment (RFE) of eligibility both financially and
Notice). “Firms for participation in RDSS technically in performance for
This clause totally restricts the AMISP tenders for providing Advance effective completion of the
spectrum of bidders and confines to Metering Infrastructure (AMI) prepaid project.
the already prequalified persons/ Solution after successful The present work is even
companies. demonstration” was floated by the supply and fixing of smart
Moreover, the list of such approved REC on behalf of Ministry of Power meters with allied works, once it
agencies is not stated in the (MoP) on 12.03.2022, and as such is in national wide as per the
document. firms empanelled are eligible to policy of the Ministry of Power
The present work is basically participate in the AMISP Tenders. (MoP), the eligibility criteria
supply and fixing of meters with The list of such agencies is available in from empanelment as a pre
allied works. REC Website. condition fixed, it cannot be
The tender should focus on quality allowed to say that same is
of meters and connected software meant to form cartel formation
manufactured by reputed/ approved or vitiates the open competitive
agencies which can be ensured bidding.
through suitable prior approval Further a bidder cannot dictate
clauses during execution of works terms against the standard
after tender finalisation. fixation of criteria by the
Incorporation of the present clause employer that too, based on
at bidding stages severely restricts uniform fixation nationwide by
the participation in tender and can MoP, for nothing therein is
lead to cartel formation. arbitrary and baseless.
It is suggested to remove such
restrictions at the tender stage and
confine to technical requirements
stipulated in 8.1(1) and 8.1(2)
b) Section-2(Eligibility and b) The tender specifies, each solution/ The qualification is as on the
qualification requirements), component providers should also date of bid submission. If the bid
Clause-8.2 qualification separately meet the following is submitted within the time slot,
requirement (Pg.Nos.20-25) requirements as on date of bid it makes no difference as to how
Stipulation under this clause submission; long back he was empanelled
mention prior tie-up with various Since the scope of this project is large, with REC.
vendors. As explained earlier, any it is mandatory to meet the Thus it is baseless to allege that
such prior tie-up will result in qualification for successful completion this clause totally restricts the
cartel formation and vitiates the of the project. spectrum of bidders & confines
open competitive bidding. to the already prequalified
The bidder after award of work persons/ companies.
shall have the option to choose any As the list of such approved
of the approved vendors which will agencies is available in REC
bring in competitiveness and Website, said information can
advantageous pricing. be retrieved from the public
It is suggested to remove domain.
stipulations which compel pre-
tender tie ups with vendors and
stipulate post award (of work) tie
ups from approved manufacturers.
Page 8 of 42
3. M/s YRK Constructions, a)As per the directions of the nodal In view of the findings supra to
Hyderabad, Dt. 01.11.2022. agency Empanelment to REC by the queries raised by M/s DSR
a)Section-2 (Eligibility& successful demonstration is mandatory Constructions, Hyderabad, in
qualification requirements), Cl.8.1 for participation in tenders. serial no.2 supra, to avoid
(Technical Requirement) Empanelment is open to every bidder repetition same is required to be
Item No.3 Empanelment certificate and they can approach M/s REC, New read as findings herein.
from REC/Committee.(Pg.No.19) Delhi for empanelment after which
This Clause indirectly makes the they can participate in the bidding
already approved contractors only process, therefore, the bidding process
eligible for the tender. Then it is is open for every bidder.
not open competitive bidding but Request For Empanelment (RFE) Of
restricted bidding. If already “Firms for participation in RDSS
approved list is available, why not AMISP tenders for providing Advance
publish in the tender if Cl.8.1(1) & Metering Infrastructure (AMI) prepaid
8.2(2) is available for technical Solution after successful
requirements then why again this demonstration” was floated by REC
clause. This Clause is to be on behalf of MoP on 12.03.2022, and
deleted. as such the firms who are empanelled
only are eligible to participate in
AMISP Tenders.
The list of such agencies is available
in REC Website
b) Section-2(Eligibility projects Cl. b)As per the Standard Bidding The Eligibility fixed is by the
8.3 (e), Pg.No.25: Document (SBD) Communicated by Standard Bidding Document
Water sector is permitted as one of Ministry of Power Government of India (SBD) Communicated by
the eligible projects with sub- under RDSS Scheme. Ministry of Power Government
sectors of water treatment and Sewage water measurement and remote of India under RDSS Scheme
water supply (urban & Rural). monitoring is not available and hence and same is neither arbitrary
Further the water supply is same cannot be considered for Smart nor unreasonable to raise the
restricted to waste water/ sewage or Metering Tender query by its impugning.
drainage or water pipeline. The
spirit of such restrictions/
confinements are not clear. When
water sector is permitted as one of
the sectors, then all the works
related to water sector shall be
made eligible. Such restrictions
appear to be drafted keeping in
view certain segment of bidders
which is again against the spirit of
open competitive bidding. Such
illogical restrictions on subsectors
may be removed to encourage
competitiveness
4. M/s. Endeavors Industries Pvt. a)The proposed tender is basically for
Ltd. Smart Meter installations and
a)One of the major loss in maintenance /Operation as part of
Distribution is power theft at real-time Energy Audit upto consumer
Overhead lines. But it is not level by affectively using the reports
addressed. generate from Meter Data
Management Software (MDMS) and
same even helps in addressing any
Power theft including at the over
headlines, leave apart the separate
wing of DPE Department which
completely works in arresting Power
Theft, can make use of this data as part
of their performance. Thus the query of
power theft is not addressed is
baseless.
Page 9 of 42
b)Prepaid Smart metering is not b)The Smart Prepaid meters are
tried and evaluated by any of these proposed as part of Revamped
DISCOMs practically. Its advised Distribution Sector Scheme (RDSS)
to try on a small Quantities of introduced by Ministry of Power
Smart Meters before proceeding Government of India (MoP) after
for actual project. several studied nationwide in arriving
the policy decision to implement
uniformly and in a phased manner. As
such it doesn’t require a separate study
and evaluation by DISCOMs
c)Having an in-house NABL c) As the project works covered by the
laboratory is not affordable for RFPs involved huge quantity and
MSMEs and start-ups. A special about 16% of total consumer strength
provision in this regard will be and network of each of the DISCOMs
helpful. it requires an in-house NABL
accredited laboratory and even as per
the Standard Bidding Document
(SBD) Communicated by Ministry of
Power Government of India under the
RDSS Scheme.
d)It looks RF Communication with d) The bidder is at liberty to use any of
DCU is considered. But this the communication modules as
scenario was changed to cellular specified in the tender which include
communication in the projects of cellular communication viz., the RFP
North India due to poor results Section 6-Project Requirements page-
achieved by RF communication 180, Clause-2. On Supply, installation,
with DCU. integration, testing and commissioning
concerned, as per the Clause-2.2-
Communication Infrastructure:
The communication infrastructure
should either be based on RF / RF
mesh network / PLCC /cellular
network/ NBIOT or a combination of
these. Communication network shall
provide reliable medium for two-way
communication between various nodes
(Smart Meter, Gateway/Router/
Access Point/ DCU (wherever
applicable) & HES. RF based network
should use licensed/ unlicensed
frequency band as permitted by WPC.
The engagement of network service
provider would be in the scope of
AMISP to meet the performance level
as given in the document. Meter data
shall be routed / collected by field
devices like Gateway/ Router/ Access
Point, Data Concentrator Units
(DCUs) wherever applicable given the
communication technology used and
transported to HES through WAN
backhaul connectivity.
Thus cellular communication network
and its utility is not totally prohibited.
e) The Start-up companies cannot e) As per CEA Regulations for any Having thoroughly considered
pay huge amount for BIS Electrical equipment, BIS and appraised the responses
Certification without having a Certification is mandatory, which is related to the respective five
project in hand. Therefore start-up prescribed in product standardisation queries (a-e), all are rejected for
companies may be allowed to and efficiency parameter consideration nothing arbitrary or illegal or
submit BIS after winning the bid and criteria, same cannot be exempted without basis, nor anything
by AMISP. from the pre-qualification criteria. shown of special eligibility for
start-ups by its exemption from
any norm fixed by GOI or State
Govt., in relation to these
aspects.
Page 10 of 42
5 RiNVENT Industries Pvt. Ltd.
Tenali, Andhra Pradesh
a)The AMI and smart meter system a) The cloud enabled solution supports a)Having regard to the
should work without any downtime deployment with high availability response on the query no more
in consumer services (posting clustering and automatic load finding is required.
recharge amount, connecting, balancing ensuring hardware and
disconnecting etc.), multiple application failover. As such there is
control centres/ operating centres no other necessity to establish multiple
may be established to reduce the control centres/ operating centres. The
number of consumers affected other issues are also taken care in the
during downtime of any AMI Service Level Agreement (SLA) and
component. accordingly penalties are also
proposed in the SBD.
b)In the specifications, it’s b)Comprehensive cyber security b)Having regard to the
mentioned that all applications and policy is defined in the bidding response on the query no more
data stored in the cloud servers and document and cloud service provider finding is required.
entire system is working on will take necessary steps to safe guard
internet. It’s undoubtedly exposed the AMISP servers etc.,
to cyber-attacks as the Independent third-party cyber security
neighbouring DISCOMs already audit has also to be completed before
experienced in past. Hence, it’s operational GO Live Cyber security
suggested to use MPLS-VPN audit reports
network and private servers which Cyber security Expert: An expert in
are not connected to internet cloud cyber security related aspects covering
at all. This kind of network is planning and implementing high level
already being used in the existing system security requirements, by
R-APDRP SCADA/ DMS project managing the data privacy and
of DISCOMs seamlessly in India confidentiality, information flow
including APCPDCL. through adequate authorizations, threat
modelling and security testing is to be
stationed for the project.
Further Network Protection and
Security is detailed in Section-6
Project Requirement.
The bidder has to follow the Cyber
security general guidelines & also the
guidelines issued by CERT-IN. There
will be Monthly Cyber security threat
reports & yearly Cyber Security Audit
as per SBD.
c)It’s observed that the DCU with c)The bidder is at liberty to use any of c)Having regard to the response
RF mesh network has not been the communication modules as on the query no more finding is
proven satisfactory in the projects specified in the tender which include required-since cellular
implemented in pan India when cellular communication viz., the RFP communication network and its
compared to that of connecting Section 6-Project Requirements utility is not totally prohibited.
each meter to HES directly using pg.180, Cl.2. On Supply, installation,
cellular network. integration, testing and commissioning
concerned, as per Cl.2.2-
should either be based on RF/ RF
mesh network/ PLCC/ cellular
devices like Gateway/Router/Access
Page 11 of 42
d)From the given specifications, it d)The successful bidder has to d)Having considered the
can be understood that all meters maintain ≥ 99.5% availability of the response to the query, the
are not connected to HES system. The service level agreements apprehension is since baseless
simultaneously in real-time. In this and Penalties are laid accordingly. from availability of 99.5%
case, entire AMI system is not system availability as
being utilized optimally which uses contemplated by the service
only one primary function i.e. level agreement/s, the query is
posting the recharge amount to the rejected.
prepaid smart meter & occasionally
changing the tariff or policy
information. Unless every meter is
monitored in real-time by AMI
system, tampering, power theft &
load demand etc., cannot be
detected in real-time. Hence, data
analytics will not portray the true
situation.
e)In a multi-storied building/s such e)In order to avoid operational issues, e)Having regard to the response
as apartments, all meters are the meter together with NIC card will on the query no more finding is
installed together. In this case all be tested and installed in the consumer required.
meters need not have premises with proper sealing
communication card either RF / independently. Separate procurement
Cellular based. All meters can be is not necessary since the meter with
communicated using a single NIC card will be supplied
Network Interface Card (NIC) with
DCU/ HES as required. This will
save the infrastructure cost of
meter as well as communication
network. Hence, it’s suggested that
NIC & meter are to be procured
separately instead of the proposed
supply of meter with NIC
f)It’s known that DISCOM is f)The RAPDRP SCADA/DMS system f)Having regard to the response
having R-APDRP SCADA/DMS is limited to one town only and data on the query no more finding is
Control Centre and MPLS-VPN sharing with the SCADA/DMS is in required as provision is made
Network infrastructure. Before the scope of the bidders and bidders for examination of the protocols
attempting a large quantity smart are allowed to examine the protocols before bidding in order to know
meter deployment with new before bidding even to know the the integration process.
Operating Centre and network integration process. There are
infrastructure, the existing sufficient data exchange
infrastructure can be utilized for a protocols/methodologies to get the
pilot project to evaluate practically data exchange with existing systems.
and fine-tune the proposed
specification. This infrastructure
also may be extended for actual use
of circle or division level smart
meter/ AMI operating Centre.
It may be noted that it’s proposed
in the specification to integrate
AMI system with the existing
infrastructure. Page-309, Annexure
L: vii. 1 No. SCADA-DMS System
with OSI Software (at
Vijayawada). This clause states
that the smart meter/ AMI data has
to be integrated to the existing
SCADA/DMS system. As the
integration of smart meter/ AMI
data to the existing SCADA/DMS
is mandatory, it will be more
beneficial to try integration before
large quantity deployment of smart
meters.
Page 12 of 42
g)It's found that only DLMS/ g)There are existing MDAS (Meter g) Having thoroughly
COSEM protocol is allowed as per Data Acquisition Systems) that work considered and appraised the
the specification. In addition to on DLMS protocol. In order to use response related to the query,
this, other industry proven the existing meters and to facilitate same is rejected for RFP
protocols also may be considered. the smooth data exchange between proposed system is effectively
One such protocol is IEC 60870-5- MDAS, AMISP/ Billing systems, the functioning
104. It's widely used in SCADA/ existing DLMS protocol is proposed
DMS projects worldwide. This to be utilized and hence no other
protocol is having all the required protocol is required to be specified in
data types for metering, monitoring the bid document, when same is
and control objectives. For effectively working and tuned to its
example, the IEDs installed in the operation, apart from same is IS
substations are integrated to 15959 and also an IEC-62056. Same
SCADA/ DMS server for metering, is prescribed by the Standard Bidding
protection and control purpose & Document (SBD) Communicated by
the objectives of smart meter and the MoP, GoI, under RDSS Scheme
AMI are quite similar to these with specific Guidance note Sl.No.12
objectives. Also, IEC-60870-5-104 of AMISP SBD. Further, with this
is having the following additional protocol there are number of meter
advantages over DLMS. manufacturers for supplying DLMS
a) Lesser hardware resource protocol meters to various DISCOMs.
requirement. This reduces the
overall cost of the meter
hardware.
b) Faster connectivity and lesser
bandwidth utilization. This
reduces the burden on network
and reduction in operational cost.
c) As the availability of DLMS
based HES vendors is very
limited, it is now almost
monopoly. But, in case of IEC-
60870-5-104, significantly more
providers are available and
proven for decades worldwide.
This protocol is being used
successfully in all R-APDRP
projects in pan India.
d) If IEC-60870-5-104 is
supported in smart meter, the
existing SCADA/DMS Control
Centre and network infrastructure
can be used readily without
spending time and money for the
new smart meter control centre.
h) Page 167. Clause H.b: It's h)Besides this clause incorporated as h)Having thoroughly
written as "All meter installations per the Standard Bidding Document considered and appraised the
at user accessible height or (SBD) Communicated by the MoP, responses related to the queries,
consumer premises shall preferably GoI under the RDSS Scheme, it is not same are rejected for the
be installed with Armoured service mandated even by the “Central suggestion is unviable and
cable from LT line to Meter while Electricity Authority (Installation and unworkable.
at un-accessible height such as Operation of meters) Regulations
poles etc., these may be installed 2006” (No. 502/70/CEA/DP&D, 17th
with Un-Armoured Service Cable March 2006, Cl.7: Location of
from LT Line to Meter. The service meters), but for one of the alternative
cable installation from Meter to provisions. In fact in the entire state
Consumer premises shall be Un- the meters are located in the respective
Armoured in all cases. The above consumer premises and if it is taken
may be reviewed on case-to-case the ordeal to change with cables being
basis with inputs from the Utility." provided under this tender from LT
It should be made mandatory to line to meter, it also involves huge
install the meters outside the financial burden, that too when there
premises precisely outside the are effective devices and
ownership of consumer and at the methodologies to curb the pilferage
ownership area of DISCOM i.e. etc., apart from the existing meter is
pole or any asset of DISCOM. This only being replaced with a smart meter
completely prevents the input in same place under this tender
tapping and tampering of the process of the proposed contract.
Page 13 of 42
meter. This provision was already Installation of meters outside the
given in the “Central Electricity consumer premises under the owner
Authority (Installation and ship of DISCOM is made clear hereby
Operation of meters) Regulations of not within the scope of this bid.
2006” (No. 502/70/CEA/DP&D,
17th March 2006, Cl.7: Location of
meters). In this case, the meter
display can be made available
using IHD (In-house-display) or on
mobile phone or portal as per the
consumer’s choice.
i) According to ClauseA3.,Pg.22, i)As the project works covered by the i)Having considered the query
Meter manufacturer “Should have RFPs involved huge quantity and and the response, the query is
in-house NABL/ISO/ IEC- about 16% of total consumer strength rejected by accepting the
17025accredited Laboratory”. To & network of each of the DISCOMs it response.
encourage MSMEs who cannot requires an in-house NABL accredited
invest in the establishment of in- laboratory and even as per the
house NABL laboratory, the testing Standard Bidding Document (SBD)
at any other NABL or ISO/ IEC- Communicated by Ministry of Power
17025 accredited Laboratory may Government of India under the RDSS
be allowed Scheme
j)The Public Procurement Policy j)In fact by taken note of the same, j)Having considered the query
for MSEs Order, 2018 has been irrespective of experience a meter and the response, the query is
notified under section 11 of manufacturer with In house NABL rejected by accepting the
MSMED Act, 2006. accredited Laboratory and valid Type response.
(https://msme.gov.in/public- Test and BIS Certificates can be
procurement-policy) may be permitted in the procurement upto
allowed to encourage MSMEs and 25% for those cannot be relaxed to get
local MSMEs may be given standard meters for its testing and
preference. According to this installation. Further the policy
policy, Every Central Ministry guideline nowhere speaks 25%
/Department / PSUs shall set an procurement from MSMEs in every
annual target for 25% procurement tender. That is why, the tender
from MSE Sector. conditions are incorporated with the
concession supra, as per the Standard
Bidding Document (SBD)
Communicated by the MoP, GoI,
under RDSS Scheme.
k)Pg.295,Part III:As the network k)The Pin configuration and size of the k)Having considered the query
interface card size and pin NIC card have been standardized for and the response, the query is
configuration have been providing interoperability and bidder is rejected by accepting the
standardized and specified as at liberty to use any type of NIC card response.
interoperable with any make of for the desired level of communication
smart meter, this product may be and possibility of changing
de-linked from integrated supply of communication mode in future. There
smart meters to avoid monopoly in is no monopolization as the bidder is at
the price and to get competitive liberty to use any type of NIC card.
pricing from the segment specific Further, the common supply of this
vendors. product and supply of smart meters
cannot be delinked for the effective
integration and functioning for the
reason NIC card is an in-built device of
and within the meter for suitable
integration to make it part of the meter.
l) Pg.146, Clause 15- Routing: “SD l)The successful bidder has to provide l)Having considered the query
WAN Technology” is not used in better solutions with secured features and the response, the query is
this application architecture. as per the specifications given by the rejected by accepting the
Hence, this feature may be employer that too based on the response.
removed from the specification to Standard Bidding Document (SBD)
make it unbiased. Communicated by the MoP, GoI,
under RDSS Scheme. Further, this SD
WAN Technology is a latest
technology with user friendly and
suitable to the employer requirement
of the project. Therefore, will also be
part of the bidding document.
Page 14 of 42
6 Sri Vuppala Srinivasa Rao, a) The Smart Prepaid meters are In view of the clarification no
Vijayawada, proposed as part of the Revamped more finding is required.
Dt.01.11.2022(APCPDCL) Distribution Sector Scheme (RDSS)
a) Objective of the project is not introduced by the Ministry of Power,
mentioned. However, from public Government of India, which mandates
portals it’s found that the smart “installing prepaid smart meters to
meters with AMI infrastructure are rollout Smart prepaid meters to all the
funded by RDSS scheme (https:// Commercial, Industrial, Government
recindia.nic.in/revamped- services and all Domestic services in
distribution-sector-scheme). One Amrut Cities.
of the primary objectives of this And further the Smart Meters are
scheme is “Reduction of AT&C proposed as per the guidelines issued
losses to pan-India levels of 12- under RDSS Scheme, Dated
15% by 2024-25.” From the bid 31.12.2021 by MoP, GOI Clause
document (Page No. 165, Clause No.3.2.2. Further, there is an yard
(g) it’s published that, “AT&C loss stick for the AT&C losses of
information (including billing and DISCOM are more than 15% to adopt
collection efficiency), if availableAMI, otherwise it is optional, other
(at Feeder level etc.): Company than for Domestic-(confining to
AT & C Losses are 10.01% for the AMRUT Cities), Commercial,
FY 2021-22”. Industrial, DT & Feeder metering
How is the target set to achieve by (excluding Agriculture); apart from
implementing this project. the fact that even the proposed tender
b) How the meter input side is basically for Smart Meter
tapping detected in the proposed installations and maintenance
smart meter? /Operation, same is part of real-time
c) How the power theft detection Energy Audit upto consumer level by
designed using the proposed AMI? affectively using the reports generate
d) Please publish the Return of from Meter Data Management
Investment calculations of the Software (MDMS) and same helps in
proposed smart meter and AMI addressing any Power theft including
system at the over headlines, leave apart the
separate wing of DPE Dept. which
Theft, can make use of this data as
part of their performance.
Though the Power Distribution,
Consumption, Maintenance,
Operation etc., are by DISCOMs,
TRANSCO & GENCO these are
involved mainly in public utility
service & not a purely on Commercial
basis. However, for the effective
functioning irrespective of no
immediate returns if any, the
technologies have to be adopted as per
change by tuning to the necessities
and other viability. As such the query
is with no basis touching the
objectives to answer anymore, for
immediate investment returns is not
the sole object
7 S5 Testing and Solutions: Definitely the suggestion is invited. No more finding is required in
Suggestions view of the response.
I accepted smart meter technology
and submit few suggestions. The
smart meter is split 3 parts
a.Metering part
b.Controlling part and
c.Communication part (WiFI and
Cellular or Broad Band facility).
Advantage:
If any part is failed in the meter
only that part is replaced.
Most of the houses have WIFI
connection, so Sim recharge cost is
zero
Page 15 of 42
2.APSPDCL:
1 A.Subba Rao, Viswanadha a)The Smart Prepaid meters are
Sharma & Srinivas etc., Dt. proposed as part of Revamped
22.10.2022 Distribution Sector Scheme (RDSS)
introduced by the Ministry of
a) In the past 75 Years no earlier
Power, Government of India, which
government has imposed such
mandates “installing of the prepaid
scheme.
smart meters to all the Commercial,
Industrial, Govt services and all
Domestic services in Amrut Cities and
where AT & C losses exceeds 15%.
b) Poor people and below povertyb)Smart Meter or any other meter are
line cannot consume electricitymeant to measures uniformly respective
through Smart Meters. electricity consumption irrespective of
the socio-economic status of
consumer/s.
In the country most of the people are
using mobile phones in prepayment For all the five queries herein
since raised same to the RFP of
mode. The electricity bill payment is
also similar in manner and easy apps are APCPDCL and findings given
therein without need of
also available.
repetition are required to be
c) Smart metering is not viable inc)In the country most of the people are
read as findings herein.
India. using mobile phones in prepayment
Major chunk of people are illiteratemode and this is similar in manner and
and not in a position to recharge thenothing to oppose.
amount.
d)Is there any guarantee thatd) As per CEA Regulations and
DISCOM would supply electricityaccording to the Standards of
with the standard parametersPerformance (SOP) of APERC,
e)Any lapses on part ofe)As per CEA Regulations and
Distribution Companies thereStandards of Performance (SOP) of
2 M/s DSR Constructions a)The Sole/ Lead Bidder should have Having considered the two
a)Section-2(Eligibility& mandatory a valid pre- qualification queries and the response, the
qualification requirements)Cl.8.1 and technical empanelment certificate queries with request for deletion
(Technical Requirement)-Item for the required communication of the eligibility criteria fixed
No.3 Empanelment certificate technology, issued by REC and are rejected for the same
from REC/ Committee. (Page approved by the committee constituted reasons given in the findings for
No.19) vide the letter issued by the Ministry of same objections raised to the
This clause totally deviates the Power F.No.14/02/2021-UR&SI-II- RFP of APCPDCL, with no
spirit of National Open Part (1) -(E-258136) dt. 10th January more need to repeat.
Competitive bidding as stated in 2022, at the time of bid submission.
Section — 1 (Request for Proposal Empanelment is open to every bidder
Notice). This clause totally and they can approach M/s REC, New
restricts the spectrum of bidders Delhi for empanelment after which
and confines to the already they can participate in the bidding
prequalified persons/ companies. process, therefore, the bidding process
Moreover, the list of such is open for every bidder.
approved agencies is not stated in Accordingly, REC floated Request For
the document. The present work is Empanelment (RFE) to the firms for
basically supply and fixing of participation in AMISP under RDSS
meters with allied works. The on behalf of MoP on 12.03.2022 and
tender should focus on quality of list of eligible empanelled agencies are
meters & connected software kept in REC website.
manufactured by reputed /
approved agencies which can be
ensured through suitable prior
approval clauses during execution
of works after tender finalisation.
Incorporation of the present clause
at bidding stages severely restricts
Page 16 of 42
the participation in tender and can
lead to cartel formation. It is
suggested to remove such
stipulated in 8.1 (1) and 8.1(2)
b)Section-2(Eligibility & b)As per Tender Document it is For the query herein since
qualification requirements), Cl.8.2 mandatory to specify each raised same to the RFP of
qualification requirement(Pg.Nos. solution/component provider should APCPDCL and findings given
20-25) meet the requirements as on the date therein without need of
Stipulation under this clause submission of the bid. repetition are required to be
mention prior tie-up with various Since the scope of this project is large read as findings herein.
vendors. As explained earlier, any it is mandatory to meet qualification
such prior tie- up will result in for successful completion of the
cartel formation and vitiates the project.
open competitive bidding. The
bidder after award of work shall
have the option to choose any of
the approved vendors which will
bring in competitiveness and
advantageous pricing. It is
suggested to remove stipulations
which compel pre-tender tie — ups
with vendors and stipulate post —
award (of work) tie — ups from
approved manufacturers.
3 M/s YRK Constructions a)The Sole/ Lead Bidder should have For the query herein since
a)Section-2(Eligibility & mandatory a valid pre- qualification raised same to the RFP of
qualification requirements), Cl.8.1 and technical empanelment certificate APCPDCL and findings given
(Technical Requirement)Item for the required communication therein without need of
No.3 Empanelment certificate technology, issued by REC and repetition are required to be
from REC/Committee. (Page approved by the committee read as findings herein.
No.19) constituted vide the letter issued by
This Clause indirectly makes the the Ministry of Power
already approved contractors only F.No.14/02/2021-UR&SI-II- Part (1)
eligible for the tender. Then it is -(E-258136) dt. 10th January 2022, at
not open competitive bidding but the time of bid submission.
restricted bidding. If already Empanelment is open to every bidder
approved list is available, why not and they can approach M/s REC, New
publish in the tender if clause 8.1 Delhi for empanelment after which
(1) and 8.2 (2) is available for they can participate in the bidding
technical requirements then why process, therefore, the bidding
again this clause. This Clause is to process is open for every bidder.
be deleted. Accordingly, REC floated Request
For Empanelment (RFE) to the firms
for participation in AMISP under
RDSS on behalf of MoP on
12.03.2022 and list of eligible
empanelled agencies are kept in REC
website.
b) Section - 2 (Eligibility projects b)As per tender Document Only. For the query herein since
Clause - 8.3 (e), Page No.25 (Sewage water measurement and raised same to the RFP of
Water sector is permitted as one remote monitoring is not available APCPDCL and findings given
of the eligible projects with and hence the same cannot be therein without need of
subsectors of water treatment and considered for smart metering). repetition are required to be
water supply (urban & Rural). read as findings herein.
Further the water supply is
restricted to waste water / sewage
or drainage or water pipeline. The
the sector, then all the works
Page 17 of 42
competitiveness.
4. M/s Endeavor Industries Pvt Ltd a)The proposed tender is basically for For the query herein since
a)One of the major loss in Smart Meter installations and raised same to the RFP of
Distribution is power theft at maintenance /Operation as part of APCPDCL and findings given
Overhead lines. But it is not real-time Energy Audit upto consumer therein without need of
addressed. level by affectively using the reports repetition are required to be
generate from Meter Data read as findings herein.
Management Software (MDMS) and
same even helps in addressing any
Power theft including at the over
headlines, leave apart the separate
wing of DPE Department which
Theft, can make use of this data as part
of their performance. Thus the query
of power theft is not addressed is
baseless.
b)Prepaid Smart metering is not b)The Smart Prepaid meters are -do-
tried and evaluated by any of these proposed as part of Revamped
DISCOMs practically. Its advised Distribution Sector Scheme (RDSS)
to try on a small Quantities of introduced by Ministry of Power
Smart Meters before proceeding Government of India (MoP) after
for actual project. several studied nationwide in arriving
the policy decision to implement
uniformly and in a phased manner. As
such it doesn’t require a separate study
and evaluation by DISCOMs.
c)Having an in-house NABL c) As the project works covered by the -do-
laboratory is not affordable for RFPs involved huge quantity and
MSMEs and start-ups. A special about 16% of total consumer strength
provision in this regard will be and network of each of the DISCOMs
helpful. it requires an in-house NABL
accredited laboratory and even as per
the Standard Bidding Document
(SBD) Communicated by Ministry of
Power Government of India under the
RDSS Scheme.
d)It looks RF Communication with d) The bidder is at liberty to use any of -do-
DCU is considered. But this the communication modules as
scenario was changed to cellular specified in the tender which include
communication in the projects of cellular communication viz., the RFP
North India due to poor results Section 6-Project Requirements page-
achieved by RF communication 180, Clause-2. On Supply, installation,
with DCU. integration, testing and commissioning
concerned, as per the Clause-2.2-
should either be based on RF / RF
mesh network / PLCC /cellular
devices like Gateway/ Router/ Access
Page 18 of 42
Thus cellular communication network
and its utility is not totally prohibited.
e) The Start-up companies cannot e) As per CEA Regulations for any -do-
pay huge amount for BIS Electrical equipment, BIS Certification
Certification without having a is mandatory, which is prescribed in
project in hand. Therefore start-up product standardisation and efficiency
companies may be allowed to parameter consideration and criteria,
submit BIS after winning the bid same cannot be exempted from the
by AMISP. pre-qualification criteria.
5 RiNVENT Industries Pvt. Ltd. For the query herein since
. Tenali, Andhra Pradesh raised same to the RFP of
a)The AMI and smart meter a) The cloud enabled solution supports APCPDCL and findings given
system should work without any deployment with high availability therein without need of
downtime in consumer services clustering and automatic load repetition are required to be
(posting recharge amount, balancing ensuring hardware and read as findings herein.
connecting, disconnecting etc.), application failover. As such there is
multiple control centres/ operating no other necessity to establish multiple
centres may be established to control centres/ operating centres. The
reduce the number of consumers other issues are also taken care in the
affected during downtime of any Service Level Agreement (SLA) and
AMI component. accordingly penalties are also
proposed in the SBD.
b)In the specifications, it’s b)Comprehensive cyber security -do-
mentioned that all applications and policy is defined in the bidding
data stored in the cloud servers and document and cloud service provider
stationed for the project.
Further Network Protection and
Security is detailed in Section-6
Project Requirement.
The bidder has to follow the Cyber
security general guidelines & also the
guidelines issued by CERT-IN. There
will be Monthly Cyber security threat
reports & yearly Cyber Security Audit
as per SBD.
c)It’s observed that the DCU with c)The bidder is at liberty to use any of -do-
RF mesh network has not been the communication modules as
proven satisfactory in the projects specified in the tender which include
implemented in pan India when cellular communication viz., the RFP
compared to that of connecting Section 6-Project Requirements
Page 19 of 42
d)From the given specifications, it d)The successful bidder has to -do-
can be understood that all meters maintain ≥ 99.5% availability of the
are not connected to HES system. The service level agreements
simultaneously in real-time. In this and Penalties are laid accordingly.
case, entire AMI system is not
being utilized optimally which uses
only one primary function i.e.
posting the recharge amount to the
prepaid smart meter &
occasionally changing the tariff or
policy information. Unless every
meter is monitored in real-time by
AMI system, tampering, power
theft & load demand etc., cannot
be detected in real-time. Hence,
data analytics will not portray the
true situation.
e)In a multi-storied building/s such e)In order to avoid operational issues, -do-
as apartments, all meters are the meter together with NIC card will
installed together. In this case all be tested and installed in the consumer
supply of meter with NIC.
f)It’s known that DISCOM is f)The RAPDRP SCADA/DMS system -do-
having R-APDRP SCADA/DMS is limited to one town only and data
Control Centre and MPLS-VPN sharing with the SCADA/DMS is in
Network infrastructure. Before the scope of the bidders and bidders
attempting a large quantity smart are allowed to examine the protocols
meter deployment with new before bidding even to know the
also may be extended for actual
use of circle or division level smart
Page 20 of 42
L: vii. 1 No. SCADA-DMS
System with OSI Software (at
meters.
g)It's found that only DLMS/ g)There are existing MDAS (Meter -do-
COSEM protocol is allowed as per Data Acquisition Systems) that work
the specification. In addition to on DLMS protocol. In order to use
this, other industry proven the existing meters and to facilitate
protocols also may be considered. the smooth data exchange between
One such protocol is IEC 60870-5- MDAS, AMISP/ Billing systems, the
SCADA/DMS server for metering, is prescribed by the Standard Bidding
protection and control purpose & Document (SBD) Communicated by
the objectives of smart meter and the MoP, GoI, under RDSS Scheme
AMI are quite similar to these with specific Guidance note Sl.No.12
objectives. Also, IEC-60870-5-104 of AMISP SBD. Further, with this
is having the following additional protocol there are number of meter
advantages over DLMS. manufacturers for supplying DLMS
a)Lesser hardware resource protocol meters to various DISCOMs.
overall cost of the meter hardware.
b)Faster connectivity and lesser
bandwidth utilization. This reduces
the burden on network and
reduction in operational cost.
c)As the availability of DLMS
based HES vendors is very limited,
it is now almost monopoly. But, in
case of IEC-60870-5-104,
significantly more providers are
available and proven for decades
worldwide. This protocol is being
used successfully in all R-APDRP
d)If IEC-60870-5-104 is supported
in smart meter, the existing
SCADA/DMS Control Centre and
network infrastructure can be used
readily without spending time and
money for the new smart meter
control centre.
h) Page 174. Clause H.b: It's h)Besides this clause incorporated as -do-
written as "All meter installations per the Standard Bidding Document
at user accessible height or (SBD) Communicated by the MoP,
consumer premises shall preferably GoI under the RDSS Scheme, it is not
be installed with Armoured service mandated even by the “Central
cable from LT line to Meter while Electricity Authority (Installation and
from LT Line to Meter. The meters), but for one of the alternative
service cable installation from provisions. In fact in the entire state
Meter to Consumer premises shall the meters are located in the
be Un-Armoured in all cases. The respective consumer premises and if it
Page 21 of 42
above may be reviewed on case-to- is taken the ordeal to change with
case basis with inputs from the cables being provided under this
Utility." tender from LT line to meter, it also
It should be made mandatory to involves huge financial burden, that
install the meters outside the too when there are effective devices
premises precisely outside the and methodologies to curb the
ownership of consumer and at the pilferage etc., apart from the existing
ownership area of DISCOM i.e. meter is only being replaced with a
pole or any asset of DISCOM. This smart meter in same place under this
completely prevents the input tender process of the proposed
tapping and tampering of the contract. Installation of meters outside
meter. This provision was already the consumer premises under the
given in the “Central Electricity owner ship of DISCOM is made clear
Authority(Installation & Operation hereby of not within the scope of this
of meters) Regulations 2006” (No. bid.
502/70/CEA/DP&D,17thMarch
2006, Cl.7: Location of meters). In
this case, the meter display can be
made available using IHD (In-
house-display) or mobile phone or
portal as per consumer’s choice.
i) According to ClauseA3.,Pg.20, i)As the project works covered by the -do-
Meter manufacturer “Should have RFPs involved huge quantity and
in-house NABL/ISO/ IEC- about 16% of total consumer strength
17025accredited Laboratory”. To & network of each of the DISCOMs it
encourage MSMEs who cannot requires an in-house NABL
invest in the establishment of in- accredited laboratory and even as per
house NABL laboratory, the the Standard Bidding Document
testing at any other NABL or ISO/ (SBD) Communicated by Ministry of
IEC-17025 accredited Laboratory Power Government of India under the
may be allowed RDSS Scheme
j)The Public Procurement Policy j)In fact by taken note of the same, -do-
for MSEs Order, 2018 has been irrespective of experience a meter
notified under section 11 of manufacturer with In house NABL
MSMED Act, 2006. accredited Laboratory and valid Type
(https://msme.gov.in/public- Test and BIS Certificates can be
procurement-policy) may be permitted in the procurement upto
allowed to encourage MSMEs and 25% for those cannot be relaxed to
local MSMEs may be given get standard meters for its testing and
preference. According to this installation. Further the policy
policy, Every Central Ministry guideline nowhere speaks 25%
/Department / PSUs shall set an procurement from MSMEs in every
annual target for 25% procurement tender. That is why, the tender
from MSE Sector. conditions are incorporated with the
under RDSS Scheme.
k)Pg.317,Part III:As the network k)The Pin configuration and size of -do-
interface card size and pin the NIC card have been standardized
configuration have been for providing interoperability and
standardized and specified as bidder is at liberty to use any type of
interoperable with any make of NIC card for the desired level of
smart meter, this product may be communication and possibility of
de-linked from integrated supply of changing communication mode in
smart meters to avoid monopoly in future. There is no monopolization as
the price and to get competitive the bidder is at liberty to use any type
pricing from the segment specific of NIC card.
vendors. Further, the common supply of this
product and supply of smart meters
reason NIC card is an in-built device
of and within the meter for suitable
integration to make it part of the
meter.
l) Pg.150, Clause 15- Routing: “SD l)The successful bidder has to provide -do-
WAN Technology” is not used in better solutions with secured features
Page 22 of 42
this application architecture. as per the specifications given by the
Hence, this feature may be employer that too based on the
6 AP State Rice Millers The Smart Meters have been Having considered the query and
Association: implemented in various states under the response, the query is rejected
We, the AP State Hire Working pilot basis and after study of the in so far as it relates if any to the
(Non-Trading) Rice Millers results and benefits of the Smart subject RFP, by left open as
Association, like to invite your meters; the Government of India has responded, the other grievance
kind attention to the subjected taken a decision to rollout Smart before concerned authorities.
matter and we submit that our Meters throughout India under RDSS
association fully objecting the Scheme. A Gazette notification was
action of handing over the Vidyut also issued by the Ministry of Power,
Distributions to private Government of India to install Smart
organizations, if any, by the Meters to all services by March,
Central Government in this regard. 2025. The same is being followed by
And in replacement of smart all DISCOMs in Andhra Pradesh.
meters in place of present running The tariff related issues raised by the
meters in the state of AP must be Complainant in his letter are not in
clearly observed and after doing the purview of the present bid
some practical tests and document and as such same is left
observations in running, such open to raise at right place in right
smart meters only to be taken in time if any.
work of replacement to be taken.
As our DISCOMs in the state of
AP, after they taken charge of
power supply to Vidyut
consumers, they changed 3 types
of meters in the name of new
technology which showing
abnormal reading and the
DISCOMs collecting other elec.
charges in addition to unit charge,
which having fixed by them in
every F.Y. ARR Tariff proposals
submissions and presently they are
dividing the consumer categories
and slabs into some sub-categories
and sub slabs and fixing the unit
rates as they like in abnormal
differences in between one and
other sub-slab and collecting in
telescopic manner, which causes
heavy losses and burden to Vidyut
consumers. And the Hon’ble
APERC commission also simply
accepting such unlawful actions
and collections of DISCOMs and
not taking any kind of action to
curb such unlawful actions, though
our Association is requesting at
several times and also countering
by placing appeals. This was very
arbitrary, against to natural justice
and law.
Hence we once again request our
honourable CGMs in the state of
AP to pursue our above said appeal
and request and arrange to take
suitable action in this regard and
the replacement of smart meters in
our state of A.P. by keeping all the
Page 23 of 42
unreasonable and unlawful actions
of DISCOMs in mind and
requesting to do further and save
the Vidyut consumers from such
heavy losses and burden in taking
further action in this regard please.
7 Repalle Consumers’ Council -do-
We the Repalle Consumers The Smart Meters have been
Council Repalle, Bapatla District implemented in various states under
like to invite your kind attention pilot basis and after study of the result
to this subjected matter and we s and benefits of the Smart meters, the
submit that our council bluntly Government of India has taken a
rejecting the handing over of decision to rollout Smart Meters
power supply to private throughout India under RDSS
organizations if any, by the Scheme. A Gazette notification was
central government of India. And also issued by the Ministry of Power,
in respect of replacement of smart Government of India to install Smart
meters in the state of AP, must be Meters to all services by 31st March,
clearly observed and after doing 2025. The same is being followed by
practical tests in running of the all power utilities across India.
smart meters only, to be taken in The tariff related issues raised by the
replacement as our Vidyut Complainant in his letter are not in
distribution DISCOMs in the state the purview of the present bid
of AP after they taken charge they document.
changed 3 types of meters in the
name of new technology which
showing abnormal readings and
some of present meters shown the
consumer services numbers in
other numbers also.
Further we submit that the
DISCOMS in the state of AP
collecting other electricity charges
in addition to unit charges, which
being fixed by them in every FY
ARR Tariff proposals
submissions and they dividing
presently the consumer categories
and slabs into some numbers and
fixing the unit charges as they like
in a abnormal different rates in
between one & other sub-slab and
collecting in Telescopic manner
which causes heavy loss and
burden to Vidyut consumers. And
the Hon’ble APERC Commission
also not taking any kind of action
to curb such unlawful actions and
collections though our council
placing so many appeals to take
suitable actions in this regard, but
there was no kind actions, but
simply they are accepting the
ARR submissions.
Hence we once again requesting
our Chief General Managers with
the state of A.P. to pursue our
above said appeal and requesting
and arrange to take suitable
actions in replacement of Smart
Meters in our state and requesting
to see the welfare of Vidyut
Consumers is taking such actions
in replacement of Smart Meters in
the state please
Page 24 of 42
a.Metering part
Cellular or Broad Band connection
facility.
Advantage:
only that part is replaced
connection, so Sim recharge cost
is zero
3.APEPDCL:
1 A.Subba Rao, Viswanadha a)The Smart Prepaid meters are
Sharma & Srinivas etc., Dt. proposed as part of Revamped
For all the five queries herein
22.10.2022 Distribution Sector Scheme (RDSS)
since raised same to the RFP of
a) In the past 75 Years no earlier introduced by the Ministry of
APCPDCL and findings given
government has imposed such Power, Government of India, which
therein without need of
scheme. mandates “installing of the prepaid
repetition are required to be
smart meters to all the Commercial,
read as findings herein.
Industrial, Govt services and all
Domestic services in Amrut Cities and
where AT & C losses exceeds 15%.
b) Poor people and below povertyb)Smart Meter or any other meter are -do-
line cannot consume electricitymeant to measures uniformly respective
through Smart Meters. electricity consumption irrespective of
the socio-economic status of
consumer/s.
In the country most of the people are
using mobile phones in prepayment
mode. The electricity bill payment is
also similar in manner and easy apps are
also available.
c) Smart metering is not viable inc)In the country most of the people are -do-
India. using mobile phones in prepayment
Major chunk of people are illiteratemode and this is similar in manner and
and not in a position to recharge thenothing to oppose.
amount.
d)Is there any guarantee thatd) As per CEA Regulations and -do-
DISCOM would supply electricityaccording to the Standards of
with the standard parametersPerformance (SOP) of APERC,
e)Any lapses on part ofe)As per CEA Regulations and -do-
Distribution Companies thereStandards of Performance (SOP) of
2 M/s DSR Constructions a)The Sole/ Lead Bidder should have Having considered the two
a)Section-2(Eligibility& mandatory a valid pre- qualification queries and the response, the
qualification requirements)Cl.8.1 and technical empanelment certificate queries with request for deletion
(Technical Requirement)-Item for the required communication of the eligibility criteria fixed
No.3 Empanelment certificate from technology, issued by REC and are rejected for the same
REC/ Committee. (Pg.No.19) approved by the committee reasons given in the findings for
This clause totally deviates the constituted vide the letter issued by same objections raised to the
spirit of National Open the Ministry of Power RFP of APCPDCL, with no
Competitive bidding as stated in F.No.14/02/2021-UR&SI-II- Part (1) more need to repeat.
Section-1 (Request for Proposal -(E-258136) dt. 10th January 2022, at
Notice). This clause totally the time of bid submission.
restricts the spectrum of bidders Empanelment is open to every bidder
and confines to the already and they can approach M/s REC, New
prequalified persons/ companies. Delhi for empanelment after which
Moreover, the list of such they can participate in the bidding
Page 25 of 42
approved agencies is not stated in process, therefore, the bidding
the document. The present work is process is open for every bidder.
basically supply and fixing of Accordingly, REC floated Request
meters with allied works. The For Empanelment (RFE) to the firms
tender should focus on quality of for participation in AMISP under
meters & connected software RDSS on behalf of MoP on
manufactured by reputed/ approved 12.03.2022 and list of eligible
agencies which can be ensured empanelled agencies are kept in REC
through suitable prior approval website.
clauses during execution of works
after tender finalisation.
Incorporation of the present clause
at bidding stages severely restricts
the participation in tender and can
lead to cartel formation. It is
suggested to remove such
stipulated in 8.1 (1) and 8.1(2)
b)Section-2(Eligibility & b)As per Tender Document it is For the query herein since
qualification requirements), Cl.8.2 mandatory to specify each raised same to the RFP of
qualification requirement(Pg.Nos. solution/component provider should APCPDCL and findings given
20-25) meet the requirements as on the date therein without need of
Stipulation under this clause submission of the bid. repetition are required to be
mention prior tie-up with various Since the scope of this project is large read as findings herein.
vendors. As explained earlier, any it is mandatory to meet qualification
such prior tie- up will result in for successful completion of the
cartel formation and vitiates the project.
open competitive bidding. The
bidder after award of work shall
have the option to choose any of
the approved vendors which will
bring in competitiveness and
advantageous pricing. It is
suggested to remove stipulations
which compel pre-tender tie — ups
with vendors and stipulate post —
award (of work) tie — ups from
approved manufacturers.
3 M/s YRK Constructions a)The Sole/ Lead Bidder should have For the query herein since
a)Section-2(Eligibility & mandatory a valid pre- qualification raised same to the RFP of
qualification requirements), Cl.8.1 and technical empanelment certificate APCPDCL and findings given
(Technical Requirement)Item for the required communication therein without need of
No.3 Empanelment certificate technology, issued by REC and repetition are required to be
from REC/Committee. (Pg.No.19) approved by the committee read as findings herein.
This Clause indirectly makes the constituted vide the letter issued by
already approved contractors only the Ministry of Power
eligible for the tender. Then it is F.No.14/02/2021-UR&SI-II- Part (1)
not open competitive bidding but -(E-258136) dt. 10th January 2022, at
restricted bidding. If already the time of bid submission.
approved list is available, why not Empanelment is open to every bidder
publish in the tender if Cl. 8.1(1) and they can approach M/s REC, New
& 8.2(2) is available for technical Delhi for empanelment after which
requirements then why again this they can participate in the bidding
clause. This Clause is to be process, therefore, the bidding
deleted. process is open for every bidder.
Accordingly, REC floated Request
For Empanelment (RFE) to the firms
for participation in AMISP under
RDSS on behalf of MoP on
12.03.2022 and list of eligible
empanelled agencies are kept in REC
website.
b) Section - 2 (Eligibility projects b)As per tender Document For the query herein since
Clause - 8.3 (e), Page No.25 Only.(Sewage water measurement raised same to the RFP of
Water sector is permitted as one and remote monitoring is not APCPDCL and findings given
of the eligible projects with available and hence the same therein without need of
subsectors of water treatment and cannot be considered for smart repetition are required to be
Page 26 of 42
water supply (urban & Rural). metering). read as findings herein.
Further the water supply is
restricted to waste water / sewage
or drainage or water pipeline. The
the sector, then all the works
competitiveness.
4 ENDEAVORS INDUSTRIES
PVT. LTD.-
The tender design is not adequate It is incorrect to state that the tender Having considered the query
for prepaid smart metering design is not adequate for prepaid and the response, the query is
system. Because, it’s not designed smart metering system or it’s not rejected by accepting the
for connecting all meters in the designed for connecting all meters response for the reasons therein,
project online. The prepaid system online. In fact, all the Installed Meters that too the next query below
should work as reliable and are always connected to the HES, and mentions that all meters are
instantaneous as in case of DTH all the recharge details will be updated connected to HES & MDMS.
recharge, prepaid mobile recharge to the meter from the utility billing
etc. But the network system system soon after receiving the
designed in the tender is not for confirmation from the respective
this level of connectivity payment channel.
a)All meters are connected to a a)The proposed cloud-enabled solution Having considered the query
single HES & MDMS. If these supports deployment with high and the response, the query is
servers are down, there is a threat availability clustering and automatic rejected by accepting the
of keeping many consumers out of load balancing, ensuring hardware and response for the reason, there is
power. This was occurred in one application failover. As such there is no specific mention even of
of the projects in the north India. no need of De-centralization of HES & alleged stray occurrence in
De-centralization of HES & MDMS. north India and as to where &
MDMS will minimize this when to give any credence to the
problem. query, apart from a stray issue
cannot be the basis for
establishing multiple clusters by
decentralisation of HES &
MDMS.
b) The specified AMI system is b) Following are the few advantages of Having considered the query
just looking like an ornament Implementation of Smart prepaid and the response, the query is
above the DISCOM’s billing metering system when compared to rejected by accepting the
system. In case the AT&C losses present metering system. response for the reason there is
of DISCOM are less than 12-15%, 1.Timely realisation of CC bills in view an yard stick for the AT&C
how this system will help to of prepaid mode billing due to which losses of DISCOM are more
reduce the losses further? DISCOMs will have the advantages like than 15% to adopt AMI,
reduction in working capital otherwise it is optional, other
requirement, burden of late payment than for Domestic-(confining to
surcharge which is high as 18% AMRUT Cities), Commercial,
2.Real time Energy auditing facilitates, Industrial, DT & Feeder
identification of pilferage more metering (excluding
accurately and thereby reduction in Agriculture) making
Distribution losses. mandatory; apart from the fact
3.Cost saving due to elimination of that even the proposed tender is
Human intervention for taking meter basically for Smart Meter
reading manually & serving the bill installations and maintenance
copy. This will eventually reduce /Operation, same is part of real-
billing exceptional and errors. time Energy Audit upto
All the measures will help DISCOMs consumer level by affectively
to further reduce AT&C losses. using the reports generate from
Meter Data Management
Software (MDMS) and same
helps in addressing any Power
theft including at the over
Page 27 of 42
headlines, leave apart the
separate wing of DPE Dept.
which completely works in
arresting Power Theft, can
make use of this data as part of
their performance.
c) Could not find any measurec) AMI system is designed as per the While adopting the above
taken to locate power theftavailable technologies. Meter findings as part of the findings
instantaneously even aftertampering events are immediately herein to the query, the response
installing AMI system. pushed to the HES, thus alerting the which answers the query is
Utility. There are several options in the accepted since it is clear that
AMI system to identify the theft when Meter tampering events are
compared to present metering system. immediately pushed to the HES,
thus alerting the utility and
there are several options in the
AMI system to identify thefts
when compared to present
metering system.
d)Could not find any d) As per CEA Regulations for any Having thoroughly considered
encouragement for start-ups. The Electrical equipment, BIS Certification and appraised the responses
condition to have in-house NABL is mandatory, which is prescribed in related to the query, same is
laboratory and recurring payment product standardisation and efficiency rejected for nothing arbitrary or
of huge minimum fee for BIS parameter consideration and criteria, illegal or without basis, nor
marking every year keeps start-ups same cannot be exempted from the pre- anything shown of special
out of these projects. Necessary qualification criteria. eligibility for start-ups by its
measures to be taken to encourage exemption from any norm fixed
engineering entrepreneurs in pan by GOI or State Govt., in
India. relation to these aspects.
e) It’s written that the AMI data is e) It’s nowhere written that the AMI Having thoroughly considered
to be integrated to existing SCADA data is to be integrated to existing and appraised the responses
system. But the existing SCADA SCADA system, but for mentioned of related to the query, same is
system can be used for setting up the existing SCADA system should be rejected for the query is nothing
AMI operations. integrated to the AMI operations. The but assuming or twisting against
reason is the existing SCADA is what is written in saying what is
designed with limited nodes and not.
executed for implementation of the
SCADA related operations for a
particular area only and the works are
already completed. Now, the smart
meter works in such a huge scale cannot
be carried out using the software of
SCADA project.
f)The installation duration is given f) The SBD for appointment of AMISP Having considered the query and
as 27 months. Is technology designed by REC Ltd. under the RDSS the response, the query is rejected
obsolesce taken care? is in such a way that AMISP shall take
care of the system for a period of 10
years including installation,
maintenance & Technology
Upgradation during total project period.
g) The 5G cellular network already g)The bidding document specifies g) The response is very clearly
being rolled out in India. But the minimum technical specifications and answering the query, no more
router specification is written only the bidder is free to choose equipment finding is required.
for 4G (LTE). The 5G with higher technical specifications
compatibility in router is necessary including of 5G if viable.
to take advantage of high speed
communication in near future.
5 RiNVENT Industries Pvt. Ltd. For the query herein since
Tenali, Andhra Pradesh a) The cloud enabled solution supports raised same to the RFP of
a)The AMI and smart meter deployment with high availability APCPDCL and findings given
system should work without any clustering and automatic load therein without need of
downtime in consumer services balancing ensuring hardware and repetition are required to be
(posting recharge amount, application failover. As such there is read as findings herein.
connecting, disconnecting etc.), no other necessity to establish multiple
multiple control centres/ operating control centres/ operating centres. The
centres may be established to other issues are also taken care in the
reduce the number of consumers Service Level Agreement (SLA) and
affected during downtime of any accordingly penalties are also
AMI component. proposed in the SBD
Page 28 of 42
b)In the specifications, it’s b)Comprehensive cyber security -do-
mentioned that all applications and policy is defined in the bidding
data stored in the cloud servers and document and cloud service provider
stationed for the project. Further
Network Protection and Security is
detailed in Section-6 Project
Requirement. The bidder has to
follow the Cyber security general
guidelines & also the guidelines
issued by CERT-IN. There will be
Monthly Cyber security threat
reports & yearly Cyber Security
Audit as per SBD.
c)It’s observed that the DCU with c)The bidder is at liberty to use any of -do-
RF mesh network has not been the communication modules as
proven satisfactory in the projects specified in the tender which include
implemented in pan India when cellular communication viz., the RFP
compared to that of connecting Section 6-Project Requirements
d)From the given specifications, it d)The successful bidder has to -do-
can be understood that all meters maintain ≥ 99.5% availability of the
are not connected to HES system. The service level agreements
simultaneously in real-time. In this and Penalties are laid accordingly.
case, entire AMI system is not
being utilized optimally which uses
only one primary function i.e.
posting the recharge amount to the
Page 29 of 42
prepaid smart meter &
occasionally changing the tariff or
policy information. Unless every
meter is monitored in real-time by
AMI, tampering, power theft &
load demand etc., cannot be
detected in real-time. Hence, data
analytics will not portray true
situation
e)In a multi-storied building/s such e)In order to avoid operational issues, -do-
as apartments, all meters are the meter together with NIC card will
installed together. In this case all be tested and installed in the consumer
supply of meter with NIC.
f)It’s known that DISCOM is f)The RAPDRP SCADA/DMS system -do-
having R-APDRP SCADA/DMS is limited to one town only and data
Control Centre and MPLS-VPN sharing with the SCADA/DMS is in
Network infrastructure. Before the scope of the bidders and bidders
attempting a large quantity smart are allowed to examine the protocols
meter deployment with new before bidding even to know the
also may be extended for actual
use of circle or division level smart
L: vii. 1 No. SCADA-DMS
System with OSI Software (at
meters.
g)It's found that only DLMS/ g)There are existing MDAS (Meter -do-
COSEM protocol is allowed as per Data Acquisition Systems) that work
the specification. In addition to on DLMS protocol. In order to use
this, other industry proven the existing meters and to facilitate
protocols also may be considered. the smooth data exchange between
One such protocol is IEC 60870-5- MDAS, AMISP/ Billing systems, the
Page 30 of 42
SCADA/ DMS server for is prescribed by the Standard Bidding
metering, protection and control Document (SBD) Communicated by
purpose & the objectives of smart the MoP, GoI, under RDSS Scheme
meter and AMI are quite similar to with specific Guidance note Sl.No.12
these objectives. Also, IEC-60870- of AMISP SBD. Further, with this
5-104 is having the following protocol there are number of meter
additional advantages over DLMS. manufacturers for supplying DLMS
a) Lesser hardware resource protocol meters to various DISCOMs.
overall cost of the meter hardware.
b) Faster connectivity and lesser
bandwidth utilization. This reduces
the burden on network and
reduction in operational cost.
c) As the availability of DLMS
based HES vendors is very limited,
it is now almost monopoly. But, in
case of IEC-60870-5-104,
significantly more providers are
available and proven for decades
worldwide. This protocol is being
used successfully in all R-APDRP
d) If IEC-60870-5-104 is
supported in smart meter, the
existing SCADA/DMS Control
Centre and network infrastructure
can be used readily without
spending time and money for the
new smart meter control centre.
h) Page 165. Clause H.b: It's h)Besides this clause incorporated as -do-
written as "All meter installations per the Standard Bidding Document
at user accessible height or (SBD) Communicated by the MoP,
consumer premises shall preferably GoI under the RDSS Scheme, it is not
be installed with Armoured service mandated even by the “Central
cable from LT line to Meter while Electricity Authority (Installation and
from LT Line to Meter. The meters), but for one of the alternative
service cable installation from provisions. In fact in the entire state
Meter to Consumer premises shall the meters are located in the
be Un-Armoured in all cases. The respective consumer premises and if it
above may be reviewed on case-to- is taken the ordeal to change with
case basis with inputs from the cables being provided under this
Utility." tender from LT line to meter, it also
It should be made mandatory to involves huge financial burden, that
install the meters outside the too when there are effective devices
premises precisely outside the and methodologies to curb the
ownership of consumer and at the pilferage etc., apart from the existing
ownership area of DISCOM i.e. meter is only being replaced with a
pole or any asset of DISCOM. This smart meter in same place under this
completely prevents the input tender process of the proposed
tapping and tampering of the contract. Installation of meters outside
meter. This provision was already the consumer premises under the
given in the “Central Electricity owner ship of DISCOM is made clear
Authority(Installation & Operation hereby of not within the scope of this
of meters) Regulations 2006” (No. bid.
502/70/CEA/DP&D, 17th March
2006, Cl.7: Location of meters). In
this case, the meter display can be
made available using IHD (In-
house-display) or on mobile phone
or portal as per consumer’s choice.
i) According to ClauseA3.,Pg.21, i)As the project works covered by the -do-
Meter manufacturer “Should have RFPs involved huge quantity and
in-house NABL/ISO/IEC-17025 about 16% of total consumer strength
accredited Laboratory”. To & network of each of the DISCOMs it
Page 31 of 42
encourage MSMEs who cannot requires an in-house NABL
invest in the establishment of in- accredited laboratory and even as per
house NABL laboratory, the the Standard Bidding Document
testing at any other NABL or ISO/ (SBD) Communicated by Ministry of
IEC-17025 accredited Laboratory Power Government of India under the
may be allowed RDSS Scheme
j)The Public Procurement Policy j)In fact by taken note of the same, -do-
for MSEs Order, 2018 has been irrespective of experience a meter
notified under section 11 of manufacturer with In house NABL
MSMED Act, 2006. (https://msme. accredited Laboratory and valid Type
gov.in/ public-procurement-policy) Test and BIS Certificates can be
may be allowed to encourage permitted in the procurement upto
MSMEs and local MSMEs may be 25% for those cannot be relaxed to
given preference. According to this get standard meters for its testing and
policy, Every Central Ministry installation. Further the policy
/Department / PSUs shall set an guideline nowhere speaks 25%
annual target for 25% procurement procurement from MSMEs in every
from MSE Sector. tender. That is why, the tender
conditions are incorporated with the
under RDSS Scheme.
k)Pg.294,Part III:As the network k)The Pin configuration and size of -do-
interface card size and pin the NIC card have been standardized
configuration have been for providing interoperability and
standardized and specified as bidder is at liberty to use any type of
interoperable with any make of NIC card for the desired level of
smart meter, this product may be communication and possibility of
de-linked from integrated supply of changing communication mode in
smart meters to avoid monopoly in future. There is no monopolization as
the price and to get competitive the bidder is at liberty to use any type
pricing from the segment specific of NIC card.
vendors. Further, the common supply of this
product and supply of smart meters
reason NIC card is an in-built device
of and within the meter for suitable
integration to make it part of the
meter.
l) Pg.144, Clause 15- Routing: “SD l)The successful bidder has to provide -do-
WAN Technology” is not used in better solutions with secured features
this application architecture. as per the specifications given by the
Hence, this feature may be employer that too based on the
6 AP State Rice Millers The Smart Meters have been Having considered the query and
Association: implemented in various states under the response, the query is rejected
We, the AP State Hire Working pilot basis and after study of the in so far as it relates if any to the
(Non-Trading) Rice Millers results and benefits of the Smart subject RFP, by left open as
Association, like to invite your meters; the Government of India has responded, the other grievance
kind attention to the subjected taken a decision to rollout Smart before concerned authorities.
matter and we submit that our Meters throughout India under RDSS
association fully objecting the Scheme. A Gazette notification was
action of handing over the Vidyut also issued by the Ministry of Power,
Distributions to private Government of India to install Smart
organizations, if any, by the Meters to all services by March,
Central Government in this regard. 2025. The same is being followed by
And in replacement of smart all DISCOMs in Andhra Pradesh.
meters in place of present running The tariff related issues raised by the
meters in the state of AP must be Complainant in his letter are not in
Page 32 of 42
clearly observed and after doing the purview of the present bid
some practical tests and document and as such same is left
observations in running, such open to raise at right place in right
smart meters only to be taken in time if any.
work of replacement to be taken.
As our DISCOMs in the state of
AP, after they taken charge of
power supply to Vidyut
consumers, they changed 3 types
of meters in the name of new
technology which showing
abnormal reading and the
DISCOMs collecting other elec.
charges in addition to unit charge,
which having fixed by them in
every F.Y. ARR Tariff proposals
submissions and presently they are
dividing the consumer categories
and slabs into some sub-categories
and sub slabs and fixing the unit
rates as they like in abnormal
differences in between one and
other sub-slab and collecting in
telescopic manner, which causes
heavy losses and burden to Vidyut
consumers. And the Hon’ble
APERC commission also simply
accepting such unlawful actions
and collections of DISCOMs and
not taking any kind of action to
curb such unlawful actions, though
our Association is requesting at
several times and also countering
by placing appeals. This was very
arbitrary, against to natural justice
and law.
Hence we once again request our
honourable CGMs in the state of
AP to pursue our above said appeal
and request and arrange to take
suitable action in this regard and
the replacement of smart meters in
our state of A.P. by keeping all the
unreasonable and unlawful actions
of DISCOMs in mind and
requesting to do further and save
the Vidyut consumers from such
heavy losses and burden in taking
further action in this regard please.
7 Repalle Consumers’ Council -do-
We the Repalle Consumers The Smart Meters have been
Council Repalle, Bapatla District implemented in various states under
like to invite your kind attention pilot basis and after study of the result
to this subjected matter and we s and benefits of the Smart meters, the
submit that our council bluntly Government of India has taken a
rejecting the handing over of decision to rollout Smart Meters
power supply to private through out India under RDSS
organizations if any, by the Scheme. A Gazette notification was
central government of India. And also issued by the Ministry of Power,
in respect of replacement of smart Government of India to install Smart
meters in the state of AP, must be Meters to all services by 31st March,
clearly observed and after doing 2025. The same is being followed by
practical tests in running of the all power utilities across India.
smart meters only, to be taken in The tariff related issues raised by the
replacement as our Vidyut Complainant in his letter are not in
distribution DISCOMs in the state the purview of the present bid
of AP after they taken charge they document.
changed 3 types of meters in the
Page 33 of 42
name of new technology which
showing abnormal readings and
some of present meters shown the
consumer services numbers in
other numbers also.
Further we submit that the
DISCOMS in the state of AP
collecting other electricity charges
in addition to unit charges, which
being fixed by them in every FY
ARR Tariff proposals
submissions and they dividing
presently the consumer categories
and slabs into some numbers and
fixing the unit charges as they like
in a abnormal different rates in
between one & other sub-slab and
collecting in Telescopic manner
which causes heavy loss and
burden to Vidyut consumers. And
the Hon’ble APERC Commission
also not taking any kind of action
to curb such unlawful actions and
collections though our council
placing so many appeals to take
suitable actions in this regard, but
there was no kind actions, but
simply they are accepting the
ARR submissions.
Hence we once again requesting
our Chief General Managers with
the state of A.P. to pursue our
above said appeal and requesting
and arrange to take suitable
actions in replacement of Smart
Meters in our state and requesting
to see the welfare of Vidyut
Consumers is taking such actions
in replacement of Smart Meters in
the state please
8 On outsourcing, representation The Smart Prepaid meters are Having perused the query and
by bill collection agencies: From proposed as part of Revamped the response, from the
RIV Agency, Distribution Sector Scheme (RDSS) guidelines of MoP, GoI, through
Vishakhapatnam(APEPEDCL) introduced by Ministry of Power PFC, the smart Meters as part
Since the past 20 years we are Government of India, which of RDSS not covered all
working as outsourced bill mandates “installing prepaid smart domestic consumers other than
collectors in the APEPDCL on meters to rollout Smart prepaid meters those declared as Amrut cities
commission basis of Rs. to all the Commercial, Industrial, and there are no Amrut cities
2/5/10/25. Very few are working Government services. within the jurisdiction of
in RIV agency, Vishakhapatnam And further the Smart Meters are APEPDCL to have any
for collecting bills. proposed as per the guidelines issued grievance by the agencies, leave
Ever since people started paying under RDSS Scheme, Dated apart the agency remunerative
the current bills through online/ 31.12.2021 by MoP, GOI Clause service is as per collection of
mobile our commissions have No.3.2.2 bills on the revenue generation
declined gradually. If you include The revenue share to the outsourced and not with any minimum
smart meters again, our bill collection agencies from this assured amount nor any fixed
collections will fall down category of consumers are negligible. amount leave apart further
drastically. We may lose our jobs same is not a permanent live
and at this moment we do not sourced assured to them for
have any opportunity for survival change is inevitable either to the
of us and also our families. DISCOM or to the agency and
We and our families are all tune to the change that too
dependent on the company since when in the larger public
several years. Suddenly if we lose interest, their smaller interest if
these jobs, our survival will be a any, yields to it.
question mark.
By implementing Smart meters
even though it is a development
Page 34 of 42
activity our survival will go for a
toss. It is requested to provide job
security to us in future for survival
of our families.
a.Metering part
Cellular or Broad Band connection
facility.
Advantage:
only that part is replaced
connection, so Sim recharge cost
is zero
In addition to the regular objections from the general public, intending bidders etc., referred and
answered in detail with findings in the tabular format supra, there are several news items, articles/ editorial
published in the regional news papers making several remarks/ comments on the proposed projects. Since the
Judicial Preview is primarily meant for transparency and responsible to address any justifiable and tenable
comments/remarks/suggestions/queries coming from all spheres of the society in the larger public interest,
felt necessary to call for and called for the responses from the three Discoms-CGMs vide letter No.
Rc.No.21/JPP/Energy/2022, dated.27-10-2022.
In reply to the above the CGMs of the three DISCOMS have submitted below common responses in
respect of the comments/remarks/suggestions/queries touching only the aspects covered by the three RFPs
with the approval of the Special Chief Secretary to the Govt., Energy dept. A.P. Secretariat, Vijayawada:
1. The Government of India has introduced “Reform based and Results linked, Revamped Distribution Sector Scheme
(RDSS)”, to improve the operational efficiencies and financial sustainability, by providing financial assistance to
DISCOMs for strengthening of supply infrastructure based on meeting prequalifying criteria and achieving basic
minimum benchmarks in reforms. The works under the scheme includes prepaid smart metering and development
of Distribution infrastructure works-such as feeder segregation, bifurcation of over loaded feeders replacement of
old conductors etc.,
2. The tender documents for providing smart meters have been submitted to the Hon’ble Judge, Judiciary preview for
undertaking the judicial preview process. For the objections received through judicial preview website, remarks are
submitted.
3. In this regard it is to submit that the Schedule documents of the tender are as per the standard bidding documents of
the Government of India communicated through the nodal agency, the Power Finance Corporation (PFC)
4. Several news items were published in the News papers making serious allegations on the smart metering project
which are critically examined and those are mostly pertaining to the agriculture smart metering under the YSR
Uchitha Vyavasaya Vidhyuth Pathakam (DBT with allied materials), the RFPs relating to the same were subjected
to Judicial preview process after called for public objections/ suggestions and by answering the same with findings
from the responses submitted by the Discoms, needless to say those are also as per the instructions of the
Government of India and the Hon’ble Judge-Judicial Preview conducted Judicial preview process and has given
findings and same were incorporated by statutory due compliance and thereby there is no need to answer any
queries covered by the news clippings in this regard.
5. There is nothing from the news clippings touching the present RFPs of the three DISCOMs relating to the prepaid
mode of installation, maintenance and operation of the specified category of domestic besides the entire industrial,
commercial and Government consumer services smart meters.
This is submitted to the Hon’ble Judge Judicial preview after obtaining the approval from The Special Chief
Page 35 of 42
Secretary to Government, Energy Department, AP., Secretariat vide reference 4th cited.
As the common responses supra of the three DISCOMs speak in one voice of no any queries in respect of the
present RFPs, but for agricultural smart meters for which preview process completed, the grievance if any
covered by the news items in respect of those are some-where to work-out and not before the Judge Judicial
preview to consider for any consideration to give findings by call for response of the TIAs is within 7 working
days prescribed period from date of uploading the RFPs and not for those received even later.
[
V. In this background and as per the provisions of the Act, with respect to the preview process procedure,
having considered thoroughly from all the above the RFP supra, the further decision process is taken up, for
it is not an end all to say the tender initiating departments can proceed with the tender further process, as
preview process doesn’t confine to public objections or suggestions if any to meet and give findings with
reference therewith, but for the JJP has to go through the bid documents and consider within its purview
what are the defects, lacunas and gaps to rectify or fill up to proceed further in the larger public interest and
for no public money be allowed to go waste. This JJP in fact after going through the bid documents found
some defects in one or other of the three RFPs and cause rectified before uploading supra.
VI. In addition to what is detailed supra and what are the findings and instructions given already by
undertaking the judicial preview process, in answering the public objection/s including of the intending
bidders, as part of the Judicial Preview-Process as per the provisions of the Act and the Rules, in the Request
for Proposals (three RFPs) on hand, the following further parameters/ conditions/ instructions/ directions and
recommendations are required to adopt, incorporate and implement. Thus, by keeping all these in view the
findings/ suggestions only reflected and to the extent possible by the below tabular format with Sl.No., RFP
Clause and Sub-Clause if any and Gist of condition therein where relevant, to incorporate in the RFPs by the
TIAs and by further indicating the findings and observations in a separate block of the tabular form to have a
comprehensive idea to one and all if peeped to the public domain, leave apart for easy understanding.
As it is with the standard formats the bid document is prepared to follow by MoP, practically by the Preview
Process, interference with it is minimal only to the extent where necessary. Thus keeping the same in mind,
the further Preview Process is taken up.
Further, among the three RFPs of the three DISCOMS under preview, the page numbers and details of
APSPDCL given to correlate by other DISCOMs with reference there to in making corrections or
modifications or carrying out directions or observations in the findings:
S. Defects found in RFP Defect rectification to RFP suggested Findings of JUDGE
No
1 In the three RFPs In the three RFPs respectively of the three These
respectively of the three DISCOMS namely APCPDCL, APEPDCL and recommendations are
DISCOMS namely APSPDCL, for no consistency in title of the made as essential.
APCPDCL, APEPDCL and RFPs, the title of the three RFPs is required to be
APSPDCL, for no modified for nearer to uniformity as follows:
consistency in title of the “1.Appointment of Advanced Metering
RFPs, a clarification is Infrastructure (AMI) Service Provider
required (AMISP) for Smart Prepaid Metering and
system metering by replacing the existing
meters to all Government, Domestic-(confining
to AMRUT Cities), Commercial & Industrial
Consumers, (excluding Agriculture) and to all
the 33 & 11 KV Feeders & Distribution
transformers with 25 KVA and above rating, in
the Erstwhile Revenue Districts of Krishna,
Guntur & Prakasam within the Jurisdiction of
the APCPDCL in TOTEX mode on DBFOOT
basis”
“2.Appointment of Advanced Metering
Infrastructure (AMI) Service Provider
(AMISP) for Smart Prepaid Metering and
meters to all Government, Commercial &
Industrial Consumers, (excluding Agriculture)
and to all the 11 KV Feeders & Distribution
transformers with 25 KVA and above rating, in
the Erstwhile Revenue Districts of Srikakulam,
Vizianagaram, Visakhapatnam,
Rajamahendravaram and Eluru within the
Jurisdiction of the APEPDCL in TOTEX mode
Page 36 of 42
on DBFOOT basis” &
“3.Appointment of Advanced Metering
Infrastructure (AMI) Service Provider
(AMISP) for Smart Prepaid Metering and
meters to all Government, Commercial,
Industrial & Domestic-(>200 U) Consumers,
(excluding Agriculture) and to all the 33 & 11
KV Feeders & Distribution transformers with
25 KVA and above rating,, in the Erstwhile
Revenue Districts of Nellore, Chittoor, Kadapa,
Anantapuram & Kurnool within the
Jurisdiction of the APSPDCL in TOTEX mode
on DBFOOT basis.”
Same is to be incorporated respectively,
wherever necessary and to the extent required
2 In the three RFPs In the three RFPs respectively of the three These recommendations
respectively of the three DISCOMS namely APCPDCL, APEPDCL and are made as essential.
DISCOMS namely APSPDCL, for no consistency in the RFPs, on
APCPDCL, APEPDCL and the failure rate of a particular make of meter, for
APSPDCL, for no the reason only in the RFP of the APSPDCL, the
consistency in the RFPs, on note provided in the Clause incorporated on the
the failure rate of a Eligibility Requirements at Page No 20 as- a) Note:
particular make of meter, a During the project period, if the failure rate of a
clarification is required. particular make of meter is more than 1% of installed
meters (defect attributable to meter) the AMISP shall
not procure meters from that manufacturer, for same
is practically not viable to exclude manufacturers of
the meters for even just above 1% failure rate, said
clause is required to be deleted and it is open to
incorporate uniformally for the three RFPs any
clause with reasonable basis on failure rate.
Same is to be incorporated respectively,
3 In the three RFPs In the three RFPs respectively of the three The recommendations
DISCOMS namely APSPDCL, for no consistency in the content of
APCPDCL, APEPDCL and DISCLAIMER in the RFPs, for uniformity and
APSPDCL, for no clarity with comprehensiveness, the APSPDCL
consistency in the content of and APEPDCL are required to adopt the
DISCLAIMER in the RFPs, disclaimer in the RFP of APCPDCL.
a clarification is required. Same is to be incorporated respectively,
DISCOMS namely APSPDCL, at Cover Page in the title an addition
APCPDCL, APEPDCL and to be required to indicate the APCPDCL /
APSPDCL, at Cover Page, a APEPDCL / APSPDCL by the Chief General
clarification is required. Manager (CGM) is representing the Governor of
Andhra Pradesh. Thereby to amend as follows:
APCPDCL / APEPDCL / APSPDCL BY ITS
CHIEF GENERAL MANAGER (CGM),
REPRESENTING THE GOVERNOR OF
ANDHRA PRADESH.
Same is to be incorporated wherever necessary
and to the extent required, including at part-I,
section – I clause –I after the words APCPDCL /
APEPDCL / APSPDCL.
DISCOMS namely APSPDCL, at page-9, at part-I, section – I clause
APCPDCL, APEPDCL and –I after the words APCPDCL / APEPDCL /
APSPDCL, at page-9, part-I, APSPDCL., instead use of the word utility it is
Page 37 of 42
section – I clause –I after the to be modified as Utility-Employer
words APCPDCL / and likewise in clause –2 for the words Global,
APEPDCL / APSPDCL., on same to be modified as National
use of the word utility a Same is to be incorporated wherever necessary
clarification is required. and to the extent required.
DISCOMS namely APSPDCL, at page-13, part-I, section – II clause
APCPDCL, APEPDCL and –4.1, on formation of consortium, before the
APSPDCL, at page-13, part- words: in the forms specified at Form 8 (the
I, section – II clause –4.1, on “Consortium Agreement”) given in Section 4 of
formation of consortium a RFP Document, for the purpose of submitting
clarification is required. Bid i.e., after the words-Members of the
Consortium shall enter into a binding
Consortium Agreement add the following
within brackets: (with lead member must be an
Indian Citizen and an Indian National and the
Consortium Agreement must be duly stamped &
registered as per the Indian laws)
and to the extent required.
DISCOMS namely APSPDCL, at page-58, part-I, section – 3 clause
APCPDCL, APEPDCL and –2.6, on pre-bid meetings, a note to be inserted at
APSPDCL, at page-58, part- the end as follows:
I, section – 3 clause –2.6, on Any pre-bid meeting shall be confined only for
pre-bid meetings, a clarifications and not to make any
clarification is required. modifications on the preview-process
undertaken and findings given and compliance
made in Form-III of the Act for the reason the
prospective bidder like any public can submit
objections or suggestions if any to the tender
documents covered by the Request for
Proposal(RFP) during the time given in the
preview process.
DISCOMS namely APSPDCL, at page-60, part-I, section – 3 clause-
APCPDCL, APEPDCL and 10.1, s.nos.9&10, and Page.69, section – 4,
APSPDCL, at page-60, part- s.nos.9&10, on power of attorney, a note to be
I, section – 3 clause-10.1, inserted at the end as follows:
s.nos.9&10, and Page.69, All power of Attorneys must be duly stamped
section – 4, s.nos.9&10, on and signed and if it was executed at abroad to
power of attorney, a be attested and processed through the office of
clarification is required. Embassy and to be duly stamped &
notorised/registered as per the Indian Laws.
respectively of the three DISCOMS namely APCPDCL, APEPDCL are made as essential.
DISCOMS namely and APSPDCL, at page-435, part-I, section – 7
APCPDCL, APEPDCL and – Contract Forms & Conditions of Contract
APSPDCL, at page-435, clause-15- miscellaneous- sub-Clause-(c)
part-I, section – 7 – Contract Insurance Sl.No.15.3 Insurance, a
Forms & Conditions of clarification is required. A note at the end of
Contract clause-15- serial no. 15.3.2 to be inserted as follows:
miscellaneous- sub-Clause- Note: In case of any claim by any workman
(c) Insurance Sl.No.15.3 or third party etc., pending in any court of
Insurance, a clarification is law or tribunal involving the employer/ Utility
Page 38 of 42
required. also with the contractor/ Sub-Contractor, the
employer/ utility is entitled to retain amount
in relation to the claim from provisional or
final bill of the contractor till the claim is
cleared.
respectively of the three DISCOMS namely APCPDCL, APEPDCL are made as essential.
DISCOMS namely and APSPDCL, at page-430, part-I, section – 7
APCPDCL, APEPDCL and – Contract Forms & Conditions of Contract
APSPDCL, at page-430, clause-13. Governing Laws & Settlement of
part-I, section – 7 – Contract Disputes, sub-Clause/Sl.Nos.13.4&5 on
Forms & Conditions of Arbitration, to be substituted as follows:
Contract clause-13. 13.4 All disputes or differences in respect of
Governing Laws & which the decision, if any, has not become
Settlement of Disputes, sub- final or binding as aforesaid in Article 13.2 or
Clause/Sl.No.13.4&5 on if the parties are not willing to refer the dispute
Arbitration, a clarification to be dedicated by the Conciliation committee
is required. for RDSS, then the dispute shall be settled by
arbitration/ Civil Court within the State of
Andhra Pradesh in the manner hereinafter
provided. The contractor shall make a request
in writing, which is at any time within one
month from the settlement & payment of final
bill, to the Employer/ Utility for the
appointment of arbitrator by the Employer/
Utility by raising an arbitral dispute. The
Employer/ Utility within 30 days after receipt
of notice from the contractor supra, appoint a
sole arbitrator for deciding such arbitral
dispute in accordance with the Arbitration and
Conciliation Act, 1996 (for short the Act). The
appointment will not impair the right of the
Employer/ Utility to question the arbitrability
of the dispute or other defence with any
counter claim even.
Where the Employer/ Utility even wants to
refer any dispute for arbitration, the Employer/
Utility by giving written notice to the
contractor within 1-month from the date of
final payment on completion of the contract,
may refer any dispute to arbitration by
appointing the sole arbitrator by the
Employer/Utility.
If Employer/ Utility fails to appoint the sole
arbitrator within 30 (thirty) days, after giving
of notice to the contractor or after receipt of a
notice from the contractor, as the case maybe,
invoking the arbitration clause by either one,
the Contractor or the Employer/ Utility is at
liberty at invoke the Jurisdiction of the High
Court of Andhra Pradesh under section 11 of
the Act, for the court to appoint sole arbitrator,
to conduct the arbitration under the
Arbitration and Conciliation Act 1996, as
amended from time to time.
If none issue any such notice or appoint
arbitrator as referred supra within the time
limit supra, the remedy otherwise to any of the
parties, subject to law of limitation etc., as are
applicable is not to invoke arbitration, but for
only to approach Civil Court only within the
Page 39 of 42
state of Andhra Pradesh, by excluding
jurisdiction to any court outside the state of
Andhra Pradesh. 13.5. So far as seat of
Arbitration and place of jurisdiction for the
arbitration supra is at the seat of the office of
TIA at “Tirupathi/ Visakhapatnam/
Vijayawada” of ‘Andhra Pradesh’ by
excluding seat of Arbitration and place of
jurisdiction outside the State of Andhra
Pradesh.
The language shall be in English with any
translation to English from documents in local
language with due certification.
The expenses and fees of the sole Arbitrator
shall be borne equally by both parties subject
to final decision on costs by sole Arbitrator.
The fees of Arbitrator/Arbitral tribunal are as
per Schedule IV of the Arbitration Act. The
procedure shall be determined by the arbitrator
on such appointment from hearing of the
parties, mainly by following the principles of
Natural Justice and giving of Reasoned
Award.
In addition to the above the following directions, suggestions and observations are given further herein
to make necessary modifications only to the extent required in the tender document while issuing
tender notice/s:
1. The contractor shall observe all precautions for health of the persons engaged including by observance
strictly of the Covid-19 and similar or other health precautions as per the directions issued by the State or
Union Governments time to time in the public health, safety and security.
2. Pre-bid meeting and its scope: Any pre-bid meeting shall be confined only for clarifications and not to
make any modifications on the preview-process undertaken and findings given and compliance made in
Form-III of the Act for the reason the prospective bidder like any public can submit objections or suggestions
if any to the tender documents covered by the Request for Proposal(RFP) during the time given in the
preview process.
3. It is the duty of the contractor to secure skilled and unskilled staff and necessary equipment during the entire
period of contract in its execution, operation and maintenance per the pattern & strength prescribed by the
Employer/ Utility.
4. The Tender Initiating Authority shall incorporate the above specific findings by going through the RFP
wherever required to be extent necessary, so also the typographical mistakes in wordings and figures and by
duly filling the gaps.
5. Each bidder shall submit only one Tender for the work. A Bidder, who submits more than one Tender either
in the form of individual entity or consortium etc., will cause dis-qualification of all the Tenders submitted
by the Bidder.
6. The Contractor shall provide the Plant and Contractor’s Documents specified in the Contract, and all
Contractor’s Personnel, consumables and other things and services, whether of a temporary or permanent
nature, required in and for this design, execution, completion and remedying of defects.
7. The Works shall include any work which is necessary to satisfy the Employer’s Requirements, or is implied
by the Contract, and all works which (although not mentioned in the Contract) are necessary for stability or
for the completion, or safe and proper operation, of the Works.
8. The Contractor shall be responsible for the adequacy, stability and safety of all Site operations, of all methods
of construction and of all the Works.
Page 40 of 42
9. The Contractor shall, whenever required by the Employer, submit details of the arrangements and methods
which the Contractor proposes to adopt for the execution of the Works. No significant alteration to these
arrangements and methods shall be made without this having previously been notified to the Employer.
10.The Contractor shall also to submit quality assurance plan within no time from the Contract commencement
date for approval of Employer. The Contractor shall institute a quality assurance system to demonstrate
compliance with the requirements of the Contract. The contractor shall engage as part of the full-time
Personnel and Equipment, the quality control personnel also. The system shall be in accordance with the
details stated in the Contract. The Employer or his representative shall be entitled to audit any aspect of the
system.
11.Details of all procedures and compliance documents shall be submitted to the Employer for information
before each design and execution stage is commenced. When any documents of a technical nature are issued
to the Employer, evidence of the prior approval by the Contractor himself shall be apparent on the document
itself.
12.Compliance with the quality assurance system shall not relieve the Contractor of any of his duties,
obligations or responsibilities under the Contract.
13.The Contractor shall submit the Quality Management Plan for the Contract work: The Contractor has
to make his own arrangements and at his own cost the manpower, water, drainage / sewerage and electricity
or alternative power supply and any land for use and such other facilities and provisions including to site
office etc., required for the works and to the accommodation of his workers and at work sites, fair
wages/remuneration, statutory insurance of manpower, their security and safety measures, compliance of
various statutory provisions for commencement, execution and completion of the works contract, save those
that are specifically stated in the contract to avoid any conflict.
14. The Contractor shall not deposit materials at any site, which will cause inconvenience to public. The
Engineer-in-Charge may direct the Contractor to remove such materials or may undertake the job at the cost
of the Contractor. The contractor shall observe the PCB norms and provisions of the WALTA Act.
15. The Contractor shall protect adjoining sites against structural, decorative and other damages that could be
caused by the execution of the works and make good at his cost any such damages.
16.Duty of the Contractor to comply queries on defects in the works: In case if the Vigilance &
Enforcement Dept., and the Anti-Corruption Beaureu has taken up any investigation and notices any defects,
the contractor has to invariably follow the recommendations including to re-construct or to carry out defects
and also accept recoveries for the defective work.
17.The bidders, where not furnished origional documents, from the submission of original Hard copies is
optional as per the Govt. Memo No.ICDO1-COOR0MISC/ 22/2020/REFORMS,Dt.27.03.2020 & the
subsequent GO MS No.50, WR(R) Dept., dt.15.10.2020, shall furnish a declaration online stating that the
soft copies uploaded by them are all genuine and the original are available with him and will be produced as
and when required. Any incorrectness/ deviation if noticed that can be viewed seriously and apart from
cancelling of the Tender and forfeiting the EMD, criminal action can be initiated including suspension from
participating in the tenders / blacklisting and the like. If any successful bidder fails to submit the original
hard copies of uploaded certificates/ documents, Online Payment receipts/ BG towards EMD/ Security
Deposit within the stipulated time or if any variation is noticed between the uploaded documents and the
original hard copies submitted by the bidder, the successful bidder will be suspended from participating in
the tenders on e-Procurement platform for a period of 3 years besides forfeiting the EMD and also be
blacklisted. The e-Procurement system would deactivate the user ID of such defaulting successful bidder
based on the trigger / recommendation by the tender Inviting Authority in the system. Besides this, the
Department shall invoke all processes of law including criminal prosecution of such defaulting bidder as an
act of extreme deterrence to avoid delays in the tender process for execution of the development schemes
taken up by the Government. The information to this extent will be displayed in the e-procurement platform
website. The originals are to be produced as and when required and non-submission also leads to above
consequences. Further, of the uploaded scan copies of DD/BG towards EMD by the participating bidders to
the tender Inviting authority same could be verified with the issuing bank before relying on it. Equally for
security deposit the above directions apply. It is the duty of the bidder to coordinate with the employer and
the banker to give response by banker to the letter of employer to bank on genuineness of bank guarantee.
Page 41 of 42
18.The banker shall be intimated that without letter of employer, the bank guarantee cannot be revoked during
its validity period.
19.Work assessment and site visit: After submission of the bid and Letter of Acceptance issued, no contractor
can claim that the assessment of the contract for drawings, designs and execution with bill of quantities are
not properly made. It is deemed for all purposes that the same have been properly made and conducted by the
contractor with any Technical Assistance required at their cost and with their men, for nothing contra is left
open to raise after Letter of Acceptance issued.
20.Review meetings: The contractor shall attend for the daily, weekly, fortnightly, monthly, quarterly review
meeting with the field engineer/ Engineer-in-charge on the Employer/ Utility to review the progress of the
work and its due performance including in execution, operation and maintenance.
21.Communications shall be in writing: The contractor shall make any communication with the employer/
Utility or his/their assignee or subordinates concerned including the Engineer-in-charge only in writing and
no oral communication can be made and for no oral communication can be claimed by him with any value or
sanctity.
22.Besides submission of the APGST registration certificate before entering the contract, if GST is payable and
included in the contract component, for input subsidy is entitled by the employer and for which the
contractor shall produce all bills of purchase of all meterial and for services to enable the employer to get
input subsidy, besides proof of payment of professional tax which is mandatory as per G.O.Ms.No.44, WR
(R) Dept.,dt.09-09-2021, as per Cir. Memo. No.ICD01-COOR/167/Reforms/2020-2, dt.09-09-2021, the
bidder is required to submit proof of payment of annual professional tax for the previous year by duly
uploading the same and to produce the original when required as part of the eligibility criteria in the bid
evaluation.
23.Special conditions to prevail over General conditions of the Contract: At the end of the General
Conditions of the Contract a note is to be mentioned as NB: that the above General Conditions of the
Contract incorporated are from the formats with modifications if any. It is made clear thereby that the
General Conditions of the Contract are to be read as subject to the Special Conditions of the Contract.
Further, in case of inconsistency or irreconcilability between the General Conditions of the Contract and the
Special Conditions of the Contract, the Special Conditions shall prevail over the general conditions.
24. General Instructions to the TIA: Above and similar other corrections to be made suitably wherever
required making necessary modifications in the tender documents while publishing notice/s inviting tender/s.
The Tender Initiating Authority shall while incorporating above specific findings by going through the RFP
wherever required to the extent necessary as directed supra, also correct the typographical mistakes in
wordings and figures and further all the arithmetical calculations are to be reverified and any errors in this
regard also be rectified.
25. Conclusion para of Judicial Preview findings: Accordingly the findings and observations supra are given
so as to suitably modify the RFP conditions for the works contract and its components-where ever required
by the tender initiating department/client/employer in preparing the tender documents respectively with
schedules and forms/formats and in entering contract agreement/ supplemental contract agreement with
necessary terms and conditions also from what are broadly suggested in the findings and observations supra
and submit copy of the modified RFP to this office in form III of the rules under the Act which will be the
tender document.
Given under the seal of this 01st Day of December, 2022.
Justice Dr. B Siva Sankara Rao

Judge - Judicial Preview
Government of Andhra Pradesh
Guntur.
Page 42 of 42

Common Findings and Recommendations of The Judge

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Common Findings and Recommendations of the Judge, Judicial Preview, Guntur, Dated:

In case of “1.Appointment of Advanced Metering Infrastructure (AMI) Service Provider

“2.Appointment of Advanced Metering Infrastructure (AMI) Service Provider

“3.Appointment of Advanced Metering Infrastructure (AMI) Service Provider

R&B Guest House, Collector’s Bungalow Road, Nagarampalem, Guntur -522004.

I. JUSTIFICATION FOR THE THREE RFPs RESECTIVELY:

(1) (2) (3) (4) (5) (6) (7)=(5)+(6) (8) = (4)x(7)

2 DT Metering 3 Ph LT-CT 23,000 113650 0 1,13,650 261.40

Given under the seal of this 01st Day of December, 2022.

Justice Dr. B Siva Sankara Rao

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